Case5:12-cv-00630-LHK Document265 Filed09/19/12 Page1 of 8

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Gibson, Dunn & Crutcher LLP

[COUNSEL LISTED ON SIGNATURE PAGES]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION APPLE INC., a California corporation, Plaintiff, 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. 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, Counterclaim-Plaintiffs, v. APPLE INC., a California corporation, Counterclaim-Defendant. CASE NO. 5:12-cv-00630-LHK JOINT CASE MANAGEMENT CONFERENCE STATEMENT Hearing: Date: Time: Place: Judge: September 26, 2012 2:00 p.m. Courtroom 8, 4th Floor Hon. Lucy H. Koh

1
JOINT CASE MANAGEMENT CONFERENCE STATEMENT CASE NO. 5:12-CV-00630-LHK

Case5:12-cv-00630-LHK Document265 Filed09/19/12 Page2 of 8

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Gibson, Dunn & Crutcher LLP

Pursuant to this Courts Civil Local Rule 16-10(d), the parties jointly submit this Joint Case Management Statement to update their prior Case Management Statement (D.I. 191), submitted by the parties on May 31, 2012, and offer their proposals for the remainder of the case, including with respect to ADR. As indicated in further detail below, the parties do not currently have any issues to raise with the Court. Accordingly, the parties respectfully request that the Status Conference currently set for September 26, 2012, be vacated and extended until a date in November or December at the Courts convenience. 1. Progress or Changes Since the Last Statement

Since submitting their previous Case Management Statement on May 31, 2012, the parties have each filed amended pleadings: Apple filed an Amended Complaint and Amended Counterclaims (D.I. 261, 262), while Samsung filed an Answer and Amended Counterclaims to Apples Amended Complaint as well as an Answer to Apples Amended Counterclaims (D.I. 263, 264). The parties served infringement contentions on June 15, 2012 and invalidity contentions on August 10, 2012, pursuant to the Courts Case Management Order. The parties have also served disclosures identifying their custodians and search terms pursuant to the proposed Stipulation Regarding Discovery, Protective Order, Privilege Logs, and Expert Discovery filed on May 9, 2012 (D.I. 171), which is currently pending Court approval. Additionally, on June 5, 2012, Judge Grewal adjudicated Samsungs Motion to Compel Further Responses to PI Interrogatory No. 4 (D.I. 146, 167, 168). On June 29, 2012, the Court issued an order adjudicating Apples Motion for a Preliminary Injunction (D.I. 222), which Samsung appealed to the Federal Circuit in Docket No. 2012-1507. The Court had issued an order adjudicating Samsungs Motion to Stay and Suspend the June 29, 2012 Preliminary Injunction Pending Appeal or, Alternatively, Pending Decision by Federal Circuit on Stay Pending Appeal, on July 3, 2012 (D.I. 230). Samsung appealed the Courts decision on Apples Motion for a Preliminary Injunction to the Federal Circuit on July 3, 2012. (D.I. 227). On July 6, the Federal Circuit issued an order temporarily staying the preliminary injunction, pending further consideration of Samsungs motion to stay pending appeal. The Federal Circuit granted Samsungs motion to expedite the appeal on July 13, and held oral argument on August 20, 2012, before a panel 2
JOINT CASE MANAGEMENT CONFERENCE STATEMENT CASE NO. 5:12-CV-00630-LHK

Case5:12-cv-00630-LHK Document265 Filed09/19/12 Page3 of 8

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Gibson, Dunn & Crutcher LLP

of Judges Prost, Moore, and Reyna. Disposition of the appeal is pending. 2. The Parties Views on the Remainder of the Case

The parties do not have any additional proposals for the case development process at this time, aside from the views expressed in the initial Case Management Conference and other briefs and declarations previously filed. In light of the release of new products by the parties, the parties have provided notice to one another that they anticipate filing motions to amend their infringement contentions to add such new products. The parties are accordingly beginning meet and confer discussions regarding such motions to amend, during which the parties will first exchange the proposed amended contentions in advance, to determine if the motions will be opposed. To provide further detail about the anticipated motions to amend: Apple anticipates that it will file, in the near future, a motion to amend its infringement contentions to add recently-released Samsung products, including the Android 4.1 Jelly Bean operating system and the Galaxy Note 10.1 device that have been released by Samsung since Apple served its Local Patent Rule 3-6 disclosures. Apple has investigated such devices and functionality and, based on such investigation, believe that they infringe the asserted Apple patents-in-suit. Apples motion to amend its infringement contentions will also encompass the addition of inadvertently omitted information as well as minor clarifying changes to its initial infringement contentions. Apple does not believe that amendment of its infringement contentions would affect the case schedule as presently set. Samsung anticipates that it will file, in the near future, a motion to amend its infringement contentions to add the iPhone 5 as an accused product. On September 12, 2012, Apple announced that it will release the iPhone 5 on September 21, 2012. Based on information currently available, Samsung expects that the iPhone 5 will infringe the asserted Samsung patents-in-suit in the same way as the other accused iPhone models. Samsung plans to file a motion to amend its infringement contentions to address the iPhone 5 as soon as it has had a reasonable opportunity to analyze the device. Because Samsung believes the accused functionality of the iPhone 5 will be similar to the accused functionality of other accused Apple products, Samsung does not believe that amendment of 3
JOINT CASE MANAGEMENT CONFERENCE STATEMENT CASE NO. 5:12-CV-00630-LHK

Case5:12-cv-00630-LHK Document265 Filed09/19/12 Page4 of 8

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Gibson, Dunn & Crutcher LLP

its infringement contentions should affect the case schedule. 3. Settlement and ADR

The parties have continued to engage in mediation discussions since the beginning of this case, including the Court-ordered mediation before Magistrate Judge Spero on May 21-22, 2012. The parties have not reached a settlement. Dated: September 19, 2012 JOSH A. KREVITT (CA SBN 208552) [email protected] H. MARK LYON (CA SBN 162061) [email protected] GIBSON, DUNN & CRUTCHER LLP 1881 Page Mill Road Palo Alto, CA 94304-1211 Telephone: (650) 849-5300 Facsimile: (650) 849-5333 HAROLD J. MCELHINNY (CA SBN 66781) [email protected] MICHAEL A. JACOBS (CA SBN 111664) [email protected] RICHARD S.J. HUNG (CA SBN 197425) [email protected] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 WILLIAM F. LEE (pro hac vice) [email protected] WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, Massachusetts 02109 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 MARK D. SELWYN (CA SBN 244180) [email protected] WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, CA 94304 Telephone: (650) 858-6000 Facsimile: (650) 858-6100 4
JOINT CASE MANAGEMENT CONFERENCE STATEMENT CASE NO. 5:12-CV-00630-LHK

Case5:12-cv-00630-LHK Document265 Filed09/19/12 Page5 of 8

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Gibson, Dunn & Crutcher LLP

By: /s/ H. Mark Lyon H. Mark Lyon Attorney for Plaintiff and Counterclaim-Defendant APPLE INC.

Charles K. Verhoeven (Bar No. 170151) [email protected] Kevin A. Smith (Bar No. 250814) [email protected] 50 California Street, 22nd Floor San Francisco, California 94111 Telephone: (415) 875-6600 Facsimile: (415) 875-6700 Kevin P.B. Johnson (Bar No. 177129 (CA); 2542082 (NY)) [email protected] Victoria F. Maroulis (Bar No. 202603) [email protected] 555 Twin Dolphin Drive, 5th Floor Redwood Shores, California 94065 Telephone: (650) 801-5000 Facsimile: (650) 801-5100 William C. Price (Bar No. 108542) [email protected] Patrick M. Shields (Bar No. 204739) [email protected] QUINN EMANUEL URQUHART & SULLIVAN LLP 865 South Figueroa Street, 10th Floor Los Angeles, California 90017-2543 Telephone: (213) 443-3000 Facsimile: (213) 443-3100 John Caracappa (pro hac vice) [email protected] STEPTOE & JOHNSON, LLP 1330 Connecticut Avenue, NW Washington, D.C. 20036 Telephone: (202) 429-6267

5
JOINT CASE MANAGEMENT CONFERENCE STATEMENT CASE NO. 5:12-CV-00630-LHK

Case5:12-cv-00630-LHK Document265 Filed09/19/12 Page6 of 8

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Gibson, Dunn & Crutcher LLP

Facsimile: (202) 429-3902

By: /s/ Patrick Shields with permission Patrick Shields Attorney for Defendants and Counterclaim-Plaintiffs SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., AND SAMSUNG TELECOMMUNICATIONSAMERICA, LLC

6
JOINT CASE MANAGEMENT CONFERENCE STATEMENT CASE NO. 5:12-CV-00630-LHK

Case5:12-cv-00630-LHK Document265 Filed09/19/12 Page7 of 8

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Gibson, Dunn & Crutcher LLP

ATTESTATION OF E-FILED SIGNATURES I, H. Mark Lyon, am the ECF user whose ID and password are being used to file this Joint Case Management Conference Statement. In compliance with General Order 45.X.B, I hereby attest that Patrick Shields has concurred in this filing. Dated: September 19, 2012 /s/ H. Mark Lyon________________

7
JOINT CASE MANAGEMENT CONFERENCE STATEMENT CASE NO. 5:12-CV-00630-LHK

Case5:12-cv-00630-LHK Document265 Filed09/19/12 Page8 of 8

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Gibson, Dunn & Crutcher LLP

CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing document was filed electronically in compliance with Civil Local Rule 5.4, and will be served upon all counsel of record for the parties who have consented to electronic service in accordance with Civil Local Rule 5.4 via the Courts ECF system.

Dated: September 19, 2012

/s/ H. Mark Lyon________________

8
JOINT CASE MANAGEMENT CONFERENCE STATEMENT CASE NO. 5:12-CV-00630-LHK