Apple Inc. et al

Filing 1

APPLICATION for an Order Pursuant to 28 U.S.C., 1782 Granting Leave to Obtain Discovery for Use in Foreign Proceedings by Petitioners Apple Inc., Apple Retail Germany GMBH, Apple Sales International. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Order Granting Apple's Ex Parte Application, # 3 Declaration of Christine Haskett, # 4 Proposed Motion for Over-Length Brief, # 5 Proposed Order Granting Apple's Motion for Over-Length Brief)(LMK)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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In re Ex Parte Application of

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APPLE INC.; APPLE RETAIL
GERMANY GMBH; and APPLE SALES
INTERNATIONAL,

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No.

Applicants,

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APPLE’S MOTION FOR OVERLENGTH BRIEF
Note on Motion Calendar:
January 24, 2012

For an Order Pursuant to 28 U.S.C.
§ 1782 Granting Leave to Obtain
Discovery from HTC Corporation and
HTC America, Inc. for Use in Foreign
Proceedings.

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Apple Inc., Apple Retail Germany GmbH, and Apple Sales International
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(collectively, “Apple”) move this Court for leave to file an over-length motion under to
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Local CR 7(f).
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Contemporaneously with the filing of this Motion for Over-Length Brief, Apple will
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file an Ex Parte Application for an Order Granting Leave to Obtain Discovery for Use in
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Foreign Proceedings (the “Application for Discovery for Foreign Proceedings”). The
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Western District of Washington’s Local Civil Rules provide that ex parte motions are
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limited to six pages. Local CR 7(d)(1), 7(e)(1).
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APPLE’S MOTION FOR OVER-LENGTH BRIEF
Page 1
818 STEW ART STREET, SUITE 1400
SEATTLE W ASHINGTON 98101
T 206.516.3800 F 206.516.3888

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Apple believes that more than six pages are necessary to describe adequately the

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factual background for its Ex Parte Application for Discovery for Foreign Proceedings.

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Further, more than six pages are necessary to describe the three element test for such

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discovery under 28 U.S.C. § 1782, to explain the multi-factor inquiry the United States

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Supreme Court identified to guide courts’ discretion in analyzing discovery applications

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under this statute, and to apply the facts to that test and inquiry. See Intel Corp. v.

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Advanced Micro Devices, Inc., 542 U.S. 241 (2004).

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For these reasons, Apple requests leave of the Court under Local CR 7(f) to file a
nine page Ex Parte Application for an Order Granting Leave to Obtain Discovery for Use in
Foreign Proceedings.
A proposed order is submitted herewith.

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DATED: January 24, 2012.

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YARMUTH WILSDON CALFO PLLC

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By: _s/ Jeremy E. Roller_______________________
Jeremy E. Roller, WSBA No. 32021
818 Stewart Street, Suite 1400
Seattle, WA 98101
Telephone: [phone]
Facsimile: 206.516.3888
Email: [e-mail]

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Attorneys for Applicants Apple Inc., Apple Retail
Germany GmbH, and Apple Sales International

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APPLE’S MOTION FOR OVER-LENGTH BRIEF
Page 2
818 STEW ART STREET, SUITE 1400
SEATTLE W ASHINGTON 98101
T 206.516.3800 F 206.516.3888

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