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

Filing 1607

ORDER ON APPLE'S OBJECTIONS TO SAMSUNG'S DISCLOSURES RE: 1593-3. Signed by Judge Lucy Koh on 4/6/2014. (lhklc2S, COURT STAFF) (Filed on 4/6/2014)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) Plaintiff and Counterdefendant, ) ) v. ) ) SAMSUNG ELECTRONICS CO., LTD., a ) Korean corporation; SAMSUNG ELECTRONICS AMERICA, INC., a New York ) ) corporation; and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC, ) ) a Delaware limited liability company, ) Defendants and Counterclaimants. ) ) APPLE, INC., a California corporation, Case No.: 12-CV-00630-LHK ORDER ON APPLE’S OBJECTIONS TO SAMSUNG’S DISCLOSURES Apple has filed objections to Samsung’s disclosures. ECF No. 1593-3. Samsung has filed a response. ECF No. 1592. After reviewing the parties’ briefing, considering the record in the case, and balancing the considerations set forth in Federal Rule of Evidence 403, the Court rules on Apple’s objections as follows: Exhibit Number DiCarlo Depo. Transcript DX 338 COURT’S RULING ON OBJECTION Overruled. Overruled. Apple cannot raise the issue of validity during its affirmative case. Samsung bears the burden of proof regarding the invalidity of Apple’s patents, 1 Case No.: 12-CV-00630-LHK ORDER ON APPLE’S OBJECTIONS TO SAMSUNG’S DISCLOSURES 1 2 3 4 5 6 7 8 and is thus entitled to make the first presentation at trial regarding the issue of validity. Mowry rebuttal Sustained. expert report DX 411 Overruled. DX 430 Overruled. SDX 2351 Sustained. Snoeren Depo. Sustained. Transcript and Deposition Exhibits 1-4 APLNDC630- Sustained. 0000879654 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 Apple also requests to seal DX 411, DX 415, DX 430, PX 128, and Apple’s Supplemental Responses to Interrogatories Nos. 25, 26, 41, 42 (Dated October 4, 2013). ECF No. 1593-3. Having considered Apple’s motion, and compelling reasons having been shown, the Court seals the following documents as follows: Exhibit DX 411 DX 415 PX 128 DX 430 Apple’s Supplemental Responses to Interrogatories Nos. 25, 26, 41, 42 (Dated October 4, 2013) COURT’S RULING ON SEALING REQUEST GRANTED, with the exception of pages 1, 2, and 32 which will not be sealed. GRANTED in full. GRANTED in full. GRANTED as to pages 2, 3, and 5, and DENIED as to page 1, 4, and 6. Page 1 is the cover page. Page 6 contains only the Apple logo. The information contained in page 4 is not sealable. GRANTED as to the source code information on pages 83, 91, 336, 340. 23 24 25 26 27 IT IS SO ORDERED. Dated: April 6, 2014 _________________________________ LUCY H. KOH United States District Judge 28 2 Case No.: 12-CV-00630-LHK ORDER ON APPLE’S OBJECTIONS TO SAMSUNG’S DISCLOSURES

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