Apple Inc. v. Samsung Electronics Co., Ltd. et al

Filing 1050

***EFILED IN ERROR, PLEASE SEE DOCKET NO. #1051 ***ORDER SETTING MEET-AND-CONFER. Signed by Judge Paul S. Grewal on December 11, 2013. (psglc3S, COURT STAFF) (Filed on 12/11/2013) Modified on 12/11/2013 (ofr, COURT STAFF).

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United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE INC., a California Corporation,

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Plaintiff,
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v.
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SAMSUNG ELECTRONICS CO., LTD., a
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Korean corporation; SAMSUNG
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ELECTRONICS AMERICA, INC., a New York )
corporation; and SAMSUNG
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TELECOMMUNICATIONS AMERICA, LLC, )
a Delaware limited liability company,
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Defendants.
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Case No.: 5:12-cv-00630-LHK (PSG)
ORDER SETTING MEET-ANDCONFER
(Re: Docket Nos. 877-4, 878-4, 880-5,
882-3, 962-4, 963-3, 964-25, 965-4, 10094, 1011-6, 1017-3, 1018-4 )

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Before he spoke of houses divided, proclaimed emancipation and saved our union,
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Abraham Lincoln was just another trial lawyer in the woods of Illinois. A decade before he was

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elected president, Lincoln wrote to his fellow lawyers: "Discourage litigation. Persuade your

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neighbors to compromise whenever you can. As a peacemaker, the lawyer has superior opportunity

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of being a good man. There will still be business enough."

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Case No.: 5:11-cv-01846-LHK (PSG)
ORDER SETTING MEET-AND-CONFER

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Thinking further about yesterday's hearing, the undersigned can only wonder at how often

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Lincoln's advice about compromise has been ignored in this case. However quaint or naive it may

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sound today, it is still advice worth taking.

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expert reports of Dr. Min, Dr. Schofeld, Mr. Parulski, Dr. Snoren, Dr. Mowrey, Dr. Fuja, Dr.

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Storer, Dr. Taylor, Dr. Chase, Dr. Rinard, Dr. Jeffay, Dr. Greenberg and Dr. Wigdor. That was not

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At the hearing, the parties argued challenges to the

remarkable; parties in patent cases challenge expert reports all the time. It was remarkable,

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however, the number of times that counsel stood up to decry an inconsistency with their opponent’s
prior contentions, only to be replaced by a colleague defending that same party’s own

United States District Court
For the Northern District of California

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inconsistencies.

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detachments from reality passed as easily as small talk about the weather. There was no indication

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that either side’s counsel meaningfully considered any compromise whatsoever in their purported

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Accusations of false statements, intentional withholdings, ambushes, and

meet-and-confer.

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And so counsel shall try again. This court would be truly astounded if attorneys of this
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caliber were incapable of reaching a compromise to resolve at least some of the challenges now

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before the court. In that spirit, any counsel that wishes to present summary judgment arguments of

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any kind to Judge Koh tomorrow at 1:30 p.m. shall appear for a further meet-and-confer in the jury

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room of the undersigned at 8:30 a.m. The topic for discussion will be what deals can be cut

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regarding any of the pending expert report challenges. Before heading down the hall to see Judge

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Koh, counsel shall appear in the courtroom to report on their progress. Depending on the report

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tendered, the undersigned will consider whether further meet-and-confer will be required.
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IT IS SO ORDERED.
Dated: December 11, 2013

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_________________________________

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PAUL S. GREWAL
United States Magistrate Judge

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Case No.: 5:11-cv-01846-LHK (PSG)
ORDER SETTING MEET-AND-CONFER