Apple Inc. v. Samsung Electronics Co., Ltd. et al
Filing
1051
ORDER SETTING MEET-AND-CONFER. Signed by Judge Paul S. Grewal on 12/11/2013. (ofr, COURT STAFF) (Filed on 12/11/2013)
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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.: 5:12-cv-00630-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.: 5:12-cv-00630-LHK (PSG)
ORDER SETTING MEET-AND-CONFER
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