Motorola Mobility, Inc. v. Apple, Inc.

Filing 193

STIPULATION Regarding Documentary Evidence by Apple, Inc. (Pace, Christopher)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
Case No. 1:10cv023580-Civ-UU

MOTOROLA MOBILITY, INC.,
Plaintiff,
v.

JURY TRIAL DEMANDED

APPLE INC.,
Defendant.

APPLE INC.,
Counterclaim Plaintiff,
v.
MOTOROLA, INC. and
MOTOROLA MOBILITY, INC.,
Counterclaim Defendants.

STIPULATION REGARDING DOCUMENTARY EVIDENCE
IT IS HEREBY STIPULATED by the undersigned counsel for Plaintiff and
Counterclaim Defendants Motorola, Inc. and Motorola Mobility, Inc. ("Motorola") and
Defendant and Counterclaim Plaintiff Apple Inc. ("Apple") (the “parties”) that:
1.

Any document, including source code, that was produced in discovery by

a party that on its face appears to have been authored by an employee, officer or agent of the
party producing such document, shall be deemed to be a true and correct copy of a document
maintained in that party’s files as of the date of the party’s document collection under Federal

Rule of Evidence 901. Such authentication does not preclude a party from raising any other
objection to the admissibility of such documents.
2.

Any publication or article, including but not limited to documents

submitted to and maintained by Standards Setting Organizations, that was produced in discovery
by a party, but that appears to have been authored by a third party, shall be deemed to be a true
and correct copy of that publication or article from the third party author under Federal Rule of
Evidence 901. Moreover, to the extent the publication or article (or corresponding bibliographic
data) specifies a date of that document (e.g., timing of publication, print, authorship, disclosure,
etc.) and/or the source (e.g., name of journal or proceedings), that publication or article shall be
attributed with such date and/or source specified.
3.

Legible photocopies of U.S. and foreign patents, published applications,

and the contents of their associated file histories, may be offered and received into evidence in
lieu of certified copies thereof, subject to all other objections that may be made to admissibility.
In addition, copies of such documents are deemed to be authentic under the Federal Rules of
Evidence, include Federal Rule of Evidence 901.
4.

None of the foregoing stipulations in paragraphs 1 through 3 shall serve as

a waiver of any other objections a party may have to the trial exhibits, or abrogate the
requirement that the party offering the document into evidence satisfy any other rules governing
the admissibility of evidence set forth in Federal Rules of Evidence, the Federal Rules of Civil
Procedure, Local Rules, the Court’s individual practices, or any other applicable rule or
regulation. Additionally, none of the foregoing stipulations in paragraphs 1 through 3 shall serve
as an admission, concession, or agreement by any party of any legal significance of a document

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and/or attributed date from paragraph 2 beyond authentication, nor preclude a party from raising
any other objection concerning the document.
5.

This Stipulation applies to this above-captioned litigation, Motorola

Mobility, Inc. v. Apple, Inc., Case No. 1:10cv023480-Civ-UU (S.D. Fla.), as well as the
litigations captioned, Apple, Inc. v. Motorola Mobility, Inc., Case No. 11-CV-178 (BBC) (W.D.
Wisc.), and Apple, Inc., et al. v. Motorola, Inc., et al., Case No. 10-CV-662 (BBC) (W.D. Wisc.).

We hereby stipulate to the entry of the foregoing.

Dated: December 1, 2011

Respectfully submitted,

_/s/ Edward M. Mullins__________
Edward M. Mullins
Fla. Bar No. 863920
[e-mail]
ASTIGARRAGA DAVIS MULLINS & GROSSMAN,
P.A.
701 Brickell Avenue, 16th Floor
Miami, FL 33131
Telephone: [phone]
Facsimile: [phone]

_/s/ Christopher R. J. Pace __________
Christopher R. J. Pace
[e-mail]
Edward Soto
WEIL, GOTSHAL & MANGES LLP
1395 Brickell Avenue, Suite 1200
Miami, FL 33131
Telephone: [phone]
Facsimile: [phone]
Attorneys for Apple Inc.

Attorneys for Motorola Mobility, Inc.
Of Counsel:
Of Counsel:
Mark G. Davis
[e-mail]
WEIL, GOTSHAL & MANGES LLP
1300 Eye Street, N.W., Suite 900
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]

Charles K. Verhoeven
David A. Perlson
Anthony Pastor
QUINN EMANUEL URQUHART & SULLIVAN,
LLP
50 California Street, 22nd Floor
San Francisco, CA 93111
[phone]

Robert T. Haslam
[e-mail]
COVINGTON & BURLING LLP
333 Twin Dolphin Drive, Suite 700
Redwood Shores, CA 94065

Raymond N. Nimrod
Edward J. DeFranco
QUINN EMANUEL URQUHART & SULLIVAN,

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Telephone: [phone]
Facsimile: [phone]

LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
[phone]

Robert D. Fram
[e-mail]
Christine Saunders Haskett
[e-mail]
Samuel F. Ernst
[e-mail]
COVINGTON & BURLING LLP
One Front Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

David A. Nelson
QUINN EMANUEL URQUHART & SULLIVAN,
LLP
500 West Madison Street, Suite 2450
Chicago, IL 60661
[phone]
[e-mail]
Attorneys for Motorola Mobility, Inc.

Matthew D. Powers
[e-mail]
Steven Cherensky
[e-mail]
Tensegrity Law Group LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: 650-802-6001
Jill J. Ho
[e-mail]
WEIL, GOTSHAL & MANGES LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]
Attorneys for Apple Inc.

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CERTIFICATE OF SERVICE
I hereby certify that on December 1, 2011, I filed the foregoing document with the Clerk
of the Court. I also certify that the foregoing document is being served this day on all counsel of
record identified on the attached Service via CM/ECF.
/s/ Christopher R. J. Pace
Christopher R.J. Pace (Fla. Bar No. 0721166)

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SERVICE LIST
Motorola Mobility, Inc. vs. Apple Inc.
Case No. 1:10cv023580-Civ-UU
United States District Court, Southern District of Florida

Edward M. Mullins
Fla. Bar No. 863920
[e-mail]
ASTIGARRAGA DAVIS MULLINS & GROSSMAN, P.A.
701 Brickell Avenue, 16th Floor
Miami, FL 33131
Telephone: [phone]
Facsimile: [phone]
Attorneys for Motorola Mobility, Inc.
Of Counsel:
Charles K. Verhoeven
David A. Perlson
Anthony Pastor
QUINN EMANUEL URQUHART & SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, CA 93111
[phone]
Raymond N. Nimrod
Edward J. DeFranco
QUINN EMANUEL URQUHART & SULLIVAN, LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
[phone]
David A. Nelson
QUINN EMANUEL URQUHART & SULLIVAN, LLP
500 West Madison Street, Suite 2450
Chicago, IL 60661
[phone]
[e-mail]
Attorneys for Motorola Mobility, Inc.

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