Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
977
*** ATTACHMENTS 2 and 3 FILED IN ERROR WITH CONFIDENTIAL INFORMATION. DOCUMENT LOCKED. *** Administrative Motion to File Under Seal filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Proposed Order Granting Administrative Motion to File Under Seal, #2 Declaration of Hankil Kang in Support of Administrative Motion to File Under Seal, #3 Samsung's Opposition to Apple's Rule 62(C) Motion, #4 Declaration of Paul Chapple in Support of Samsung's Opposition, #5 Declaration of Travis Merrill in Support of Samsung's Opposition, #6 Declaration of Carl Anderson in Support of Samsung's Opposition, #7 Exhibit 1 to the Declaration of Carl Anderson, #8 Exhibit 2 to the Declaration of Carl Anderson, #9 Exhibit 3 to the Declaration of Carl Anderson, #10 Exhibit 4 to the Declaration of Carl Anderson, #11 Proposed Order Denying Apple's Rule 62(C) Motion)(Maroulis, Victoria) (Filed on 5/25/2012) Modified on 5/29/2012 Attachment #2 Sealed pursuant to General Order No. 62 (dhm, COURT STAFF). Modified on 6/5/2012 (fff, COURT STAFF).
EXHIBIT 3
1
UNITED STATES DISTRICT COURT
2
NORTHERN DISTRICT OF CALIFORNIA
3
SAN JOSE DIVISION
4
5
6
APPLE INC., A CALIFORNIA
CORPORATION,
7
PLAINTIFF,
8
9
10
11
12
13
14
15
16
17
VS.
SAMSUNG ELECTRONICS CO.,
LTD., A KOREAN BUSINESS
ENTITY; SAMSUNG
ELECTRONICS AMERICA,
INC., A NEW YORK
CORPORATION; SAMSUNG
TELECOMMUNICATIONS
AMERICA, LLC, A DELAWARE
LIMITED LIABILITY
COMPANY,
DEFENDANTS.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
C-11-01846 LHK
SAN JOSE, CALIFORNIA
OCTOBER 13, 2011
PAGES 1-104
TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE LUCY H. KOH
UNITED STATES DISTRICT JUDGE
18
19
20
APPEARANCES ON NEXT PAGE
21
22
23
24
25
OFFICIAL COURT REPORTER: LEE-ANNE SHORTRIDGE, CSR, CRR
CERTIFICATE NUMBER 9595
1
1
2
A P P E A R A N C E S:
3
FOR PLAINTIFF
APPLE:
4
5
6
7
8
9
10
MORRISON & FOERSTER
BY: HAROLD J. MCELHINNY,
MICHAEL A. JACOBS, AND
RICHARD S.J. HUNG
425 MARKET STREET
SAN FRANCISCO, CALIFORNIA 94105
FOR COUNTERCLAIMANT WILMER, CUTLER, PICKERING,
APPLE:
HALE AND DORR
BY: WILLIAM F. LEE
60 STATE STREET
BOSTON, MASSACHUSETTS 02109
12
QUINN, EMANUEL, URQUHART,
OLIVER & HEDGES
BY: KATHLEEN M. SULLIVAN
51 MADISON AVENUE, 22ND FLOOR
NEW YORK, NEW YORK 10010
13
BY:
11
14
15
16
17
18
FOR THE DEFENDANT:
VICTORIA F. MAROULIS,
KEVIN P.B. JOHNSON AND
ANNA T. NEILL
555 TWIN DOLPHIN DRIVE
SUITE 560
REDWOOD SHORES, CALIFORNIA 94065
BY: MICHAEL T. ZELLER
865 SOUTH FIGUEROA STREET
10TH FLOOR
LOS ANGELES, CALIFORNIA 90017
19
20
21
22
23
24
25
2
1
THE COURT:
OKAY.
2
MR. MCELHINNY:
WHAT I AM SAYING IS IF,
3
FOR VARIOUS REASONS, YOU MAKE A DECISION NOT TO
4
CHALLENGE A PARTICULAR PRODUCT, THAT DOES NOT GIVE
5
THE INFRINGER A FOREGOING -- A FREE PASS TO
6
CONTINUE TO BRING OUT NEW PRODUCTS THAT DO
7
INFRINGE.
8
9
AND THAT QUESTION HAS ARISEN TWICE BEFORE
DISTRICT COURTS, AND WE CITED THEM TO YOU, THE
10
LATRIM CASE AND THE WHISTLER VERSUS DYNASCAN CASE,
11
AND IN BOTH CASES THEY SAID "WE'RE NOT GOING TO
12
ENJOIN YOUR OLDER PRODUCTS BECAUSE YOU WAITED TOO
13
LONG FOR THOSE, BUT THE NEW PRODUCTS ARE NEW AND WE
14
ARE GOING TO ENJOIN THOSE PRODUCTS."
15
AND THAT TIES IN AGAIN TO THIS IDEA OF
16
HOW QUICKLY THE PRODUCTS MOVE IN CYCLES THROUGH
17
THIS WORLD.
18
THE COURT:
BUT DOESN'T THAT SORT OF
19
UNDERMINE YOUR IRREPARABLE HARM ARGUMENT?
20
THE CABBAGE THING ACTUALLY UNDERMINES IT BECAUSE
21
CONSUMERS ARE FICKLE, ESPECIALLY IN ELECTRONICS.
22
THIS MAY BE BIG TODAY.
23
24
25
I THINK
WHO KNOWS, IN A YEAR, WHAT'S GOING TO BE
THE NEXT BIG THING.
MR. MCELHINNY:
WELL, SEE, I -86
1
THE COURT:
DON'T YOU THINK THAT SORT OF
2
TEMPORAL LIMITATION ACTUALLY UNDERMINES YOUR
3
IRREPARABLE HARM ARGUMENT?
4
5
MR. MCELHINNY:
THIS.
I DON'T.
6
THE COURT:
7
MR. MCELHINNY:
8
9
10
WELL, YOU GET TO DECIDE
UM-HUM.
BUT I DON'T SEE IT THAT
WAY.
THE COURT:
OKAY.
MR. MCELHINNY:
I SEE IT AS THE SUPREME
11
COURT'S LINE OF ACTIVITY THAT'S CAPABLE OF
12
REPETITION, BUT AVOIDS REVIEW.
13
14
IT'S TAKEN US FOUR AND A HALF MONTHS TO
GET TO THIS HEARING.
15
THEY ALREADY ARE ANNOUNCING NEW PRODUCTS.
16
WHEN THOSE PRODUCTS COME OUT, WE WILL SEE
17
THEM FOR THE FIRST TIME AND WE'LL DECIDE WHETHER OR
18
NOT WE HAVE TO BRING ACTIONS ABOUT THEM.
19
BUT IN THE MEANTIME, AS MR. MUSIKA AND AS
20
MR. WAGNER POINTED OUT, IN THE MEANTIME, THESE
21
PRODUCTS ARE INJURING US.
22
23
24
25
AND, AS YOUR HONOR DEMONSTRATED PRETTY
CLEARLY, THEY ARE INFRINGING THE PATENTS.
BUT FOR THE FACT THAT I -- YOU KNOW, YOU
NEED -- I HOPE YOU WILL LOOK MORE CAREFULLY AT THIS
87
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?