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To read comments to this article, go here
Reuters Wants to Publish Unredacted IBM-Samsung Patent License Agreement (Apple v. Samsung); IBM Moves to Block ~pj Updated 2Xs
Monday, July 30 2012 @ 04:58 PM EDT

This is amazing. From Friday to today, there were 72 items entered in the Apple v. Samsung litigation docket. A lot of the flurry of activity has to do with whether or not certain materials should be sealed or not. Nobody seems to want them unsealed but the judge and Reuters. Everyone else, third parties included, are going beserk trying to avoid it. IBM has filed a motion [PDF] for a temporary restraining order, trying to prevent Reuters' reporter Dan Levine from publishing an unredacted licensing agreement between IBM and Samsung. Reuters opposes [PDF], claiming it's not under any protective order:
IBM's counsel sent the licensing agreement to counsel in this case. Among the papers IBM sent was a copy of the unredacted version of the license agreement. While IBM contends that Reuters, as an intervenor to this litigation, is bound by a protective order, Reuters intervened in this litigation on July 17 for the sole purpose of opposing motions to seal, and Reuters' counsel never signed any protective order. Indeed, it would be passing strange if a party which intervened for the sole purpose of opposing sealing could be bound to a protective order whose sole purpose was to make it easier to seal documents.
Go, Reuters. But could you please publish the one between Samsung and Microsoft, if it falls on your lap too?

[Update: Dan Levine on Twitter has the details on picking the jury. One who didn't get picked was a Google employee. Here's his official report for Reuters, with his tie on, so to speak. Long lines to enter the courtroom, and an Apple employee also didn't make the jury, after he said he hoped Apple would win. Martyn Williams at ComputerWorld has more details on the jury pool and the Google employee with an incredible amount of Apple products to his name who didn't make it to the jury.]

[ Update 2: IBM's motion has been denied [PDF] by the magistrate judge. Reuters gets to publish. That presumably brings us closer to maybe getting to see the terms that Microsoft and Samsung agreed to in their a patent cross-license that purportedly covered Android. If so, it would be a first. Microsoft keeps announcing such deals, but the other side is generally under NDA, and the terms are kept private. The judge said the court is "sympathetic to the commercial interest, especially those of a third-party, in protecting its licensing terms." But there is the question of prior restraints of expression and Reuters' First Amendment rights.]

This is one of the most hard-fought litigations you will ever see. Neither side, when it loses a point, says, "Oh, OK." Rather, it's immediately appealed or refought in whatever ways the law allows.

I had heard about how fabulous the law firm Quinn Emanuel is in patent cases, and Morrison & Foerster we've seen in action for years, so you have two superlative firms, and what makes this different is you also have two clients apparently willing to spend whatever it takes to fight every last side skirmish to the death.

Here's IBM's motion:

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

APPLE INC., a California corporation,

Plaintiff,

v.

SAMSUNG ELECTRONICS CO., LTD., a
Korean Business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,

Defendants.

CASE NO. 11-CV-01846-LHK (PSG)

NON-PARTY IBM'S MOTION FOR
TEMPORARY RESTRAINING ORDER
PROHIBITING THIRD-PARTY
INTERVENOR REUTERS FROM
DISCLOSING HIGHLY SENSITIVE
INFORMATION OF IBM, CURRENTLY
SUBJECT TO A MOTION TO SEAL

IBM'S MOTION FOR A TEMPORARY RESTRAINING ORDER

On July 26, 2012, non-party International Business Machines Corporation ("IBM") filed a motion to seal limited, but highly sensitive, commercial information in potential trial exhibit 630 in the above captioned matter. Specifically, IBM seeks to seal the payment amounts under a contract between Defendant Samsung and IBM.

1

IBM understood that Local Rule 79-5(c)(3) and General Order 62 required Reuters to be served with an unredacted copy of proposed trial exhibit 630, the subject of IBM's motion to seal. Furthermore, IBM believed that Reuters would be bound by the terms of the protective order in this case, entered on January 30, 2012 (the "Protective Order"). Paragraph 15 of the Protective Order states that "absent written permission from the producing party, or a court order secured after appropriate notice to all interested persons, a receiving party may not filed in the public record any protected material." Paragraph 18 of the Protective Order stated that inadvertent disclosure of the protected material does not change the status of the material or waive the right to hold the disclosed document or information as protected.

Rather than immediately informing IBM that Reuters would not abide by the terms of the Protective Order or return the unredacted document, on July 29 at approximately 9:52 p.m. IBM received an electronic message from Mr. Dan Levin, a legal reporter with Reuters in California. Mr. Levine suggested that he was in possession of the unredacted exhibit and that he intended to publish IBM's highly confidential payment terms with Samsung immediately, stating that the deadline for publication was 11 a.m. PST on Monday July 30. That publication would not only be in direct violation of the protective order in this matter, but would moot the very motion to seal currently before this Court.

At the very least, and to the extent Reuters is not bound by the terms of the Protective Order, IBM requested that the document be immediately returned and all copies destroyed pursuant to paragraph 18(a) of the Protective Order.

Based on the foregoing, IBM hereby seeks a temporary restraining order prohibiting Reuters from publishing or otherwise using in any way, IBM's confidential information unless and until IBM's motion to seal is denied, and an Order abiding by the terms of the Protective Order, or otherwise returning or destroying IBM's confidential material.

2

Dated: July 30, 2012

By: [signature]
TIMOTHY T. SCOTT

Attorneys for Non-Party
INTERNATIONAL
BUSINESS MACHINES
CORPORATION

3

And here's Reuters' opposition:
KARL OLSON (SBN 104760)
[email] XINYING VALERIAN (SBN 254890)
[email]
RAM, OLSON, CEREGHINO & KOPCZYNSKI LLP
[address, phone, fax]

Attorneys for Third-Party REUTERS AMERICA LLC

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE

APPLE INC., a California corporation,

Plaintiff,

v.

SAMSUNG ELECTRONICS CO., LTD., a
Korean Business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,

Defendants.

CASE NO. 11-cv-01846-LHK-PSG

REUTERS AMERICA LLC's
OPPOSITION TO NON-PARTY IBM'S
MOTION TO PREVENT PUBLICATION

Date: July 30, 2012
Time: 10:30
Place: Courtroom 5, 4th Floor
[Magistrate Judge Grewal]

I. INTRODUCTION

The most fundamental principle in First Amendment jurisprudence is that the government and the courts cannot issue prior restraints upon publication. The Supreme Court has called prior restraints “the most serious and the least tolerable infringement on First Amendment rights.” Nebraska Press Assn. v. Stuart (1976) 427 U. S. 539, 559. Even when military secrets have been at issue, the Supreme Court has refused to issue such prior restraints, observing, “‘Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity.’” New York Times Co. v. United States (1971) 403 U. S. 713, 714. In the latter case, involving publication of the “Pentagon Papers,” Justice Brennan famously observed, “only governmental allegation and proof that publication must inevitably, directly, and immediately cause the occurrence of an event kindred to imperiling the safety of a transport

1

already at sea can support even the issuance of an interim restraining order." (403 U. S. at 726, Brennan, J., concurring.)

IBM's attempt to prevent Reuters from publishing information it lawfully obtained -- information which IBM's lawyers sent to Reuters' counsel -- runs afoul of these fundamental principles. The terms of a licensing agreement between IBM and Samsung do not come close to “imperiling the safety of a transport already at sea.” IBM’s motion should be denied.

II. FACTS

IBM's counsel sent the licensing agreement to counsel in this case. Among the papers IBM sent was a copy of the unredacted version of the license agreement. While IBM contends that Reuters, as an intervenor to this litigation, is bound by a protective order, Reuters intervened in this litigation on July 17 for the sole purpose of opposing motions to seal, and Reuters' counsel never signed any protective order. Indeed, it would be passing strange if a party which intervened for the sole purpose of opposing sealing could be bound to a protective order whose sole purpose was to make it easier to seal documents.

III. SUPREME COURT CONSISTENTLY HAS DISALLOWED PRIOR RESTRAINTS

The Supreme Court has consistently disallowed prior restraints. In addition to the cases cited above, several other cases have disallowed prior restraints after parties lawfully obtained court documents. See, e.g., Cox Broadcasting v. Cohn (1975) 420 U. S. 469, 497 [no liability for publishing name of rape victim not obtained in improper fashion]; Florida Star v. B. J. F., 491 U. S. 524 [no liability for publishing lawfully obtained, truthful information about a matter of public significance]; Bartnicki v. Vopper, 532 U. S. 514, 527-28 (2001) [same, even when person who obtains information has obtained it from someone who himself obtained the information unlawfully].

2

IV. CONCLUSION

“[P]rior restraints on speech and publication are the most serious and the least tolerable infringement on First Amendment rights.” Nebraska Press, supra, 427 U. S. at 559. IBM’s request for a prior restraint to prevent Reuters from publishing lawfully-obtained, truthful information should be denied.

Dated: July 30, 2012

By: /s/ Karl Olson
Karl Olson (SBN 104760)
RAM, OLSON, CEREGHINO & KOPCZYNSKI
[address, phone, fax, email]
Attorneys for Reuters America LLC N:docs1273-02OppIBMMot to Prevent Publication.doc

3

Here's the recent docket, just to give you an idea of all that's going on. I didn't get all of the documents filed, knowing Justia will be posting them eventually, but I've pulled the ones that are of deepest interest. If you think I missed something, sing out. But look at all that's going on in this case, on top of all that is going on in the courtroom, choosing a jury, opening statements, etc. (and by the end of the day, there were many more, not included in this list due to time constraints):

1402 - Filed & Entered: 07/27/2012
MOTION to Strike Untimely [1388] MOTION Adverse Inference Jury Instruction, filed by Apple Inc.. Motion Hearing set for 7/30/2012 09:00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 8/10/2012. Replies due by 8/17/2012. (Jacobs, Michael) (Filed on 7/27/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1403 - Filed & Entered: 07/27/2012
MOTION to Remove Incorrectly Filed Documents [DOCKET NOS. 1385-1, 1385-2] filed by Apple Inc.. (Attachments: # (1) Proposed Order)(Jacobs, Michael) (Filed on 7/27/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1406 - Filed & Entered: 07/27/2012
NOTICE of Appearance by Steven Daniel Hemminger as Counsel of Record for non-party Nokia Corporation (Hemminger, Steven) (Filed on 7/27/2012)

1407 - Filed & Entered: 07/27/2012
Docket Text: Administrative Motion to File Under Seal Non-Party Intel's Administrative Motion to Seal Selected Proprietary Material filed by Intel Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Kelley, Christopher) (Filed on 7/27/2012)

1408 - Filed & Entered: 07/27/2012
Corrected Renewed Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: # (1) Proposed Order, # (2) Declaration of Nathan Sabri, # (3) Declaration of Mark D. Selwyn, # (4) Declaration of Erica Tierney)(Jacobs, Michael) (Filed on 7/27/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1409 - Filed & Entered: 07/27/2012
Supplemental Declaration of GiHo Ro in Support of [1318] Administrative Motion to File Under Seal Dkt. Nos. 927, 991, 1013, 1022, 1060, and 1206, [1375] Administrative Motion to File Under Seal Samsung's Corrected Renewed Administrative Motion to File Under Seal (Dkt. Nos. 927, 991, 1013, 1022, 1060, 1206), [1330] Opposition/Response to Motion, filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Related document(s)[1318], [1375], [1330]) (Maroulis, Victoria) (Filed on 7/27/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1410 - Filed & Entered: 07/27/2012
NOTICE of Lodgement of Corrected Exhibit 1 to the Declaration of Jason R. Bartlett in Support of Apple's Response to Samsung's Opening Memorandum Regarding Design Patent Claim Construction [Dkt. No. 1140-4] by Apple Inc. (Jacobs, Michael) (Filed on 7/27/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1411 - Filed & Entered: 07/27/2012
NOTICE of Appearance by Corina Irina Cacovean of Michael B. Levin (Cacovean, Corina) (Filed on 7/27/2012)

1412 - Filed & Entered: 07/27/2012
MOTION for Leave to File Reply in Support of [1408] Renewed Motion to Seal, filed by Apple Inc.. (Attachments: # (1) Exhibit A, # (2) Proposed Order)(Jacobs, Michael) (Filed on 7/27/2012) Modified on 7/30/2012 linking entry to document #1408 (dhm, COURT STAFF).

1413 - Filed & Entered: 07/27/2012
NOTICE of Appearance by Corina Irina Cacovean of Dylan J. Liddiard (Cacovean, Corina) (Filed on 7/27/2012)

1414 - Filed & Entered: 07/27/2012
JOINT MOTION Regarding Sealing of Trial Exhibits by Apple Inc. (Jacobs, Michael) (Filed on 7/27/2012) Modified on 7/30/2012 counsel posted document incorrectly as a statement (dhm, COURT STAFF).

1415 - Filed & Entered: 07/27/2012
Declaration of Mark Buckley in Support of [1414] JOINT MOTION [1408] Corrected Renewed Administrative Motion to File Under Seal filed by Apple Inc.. (Related document(s)[1414], [1408]) (Jacobs, Michael) (Filed on 7/27/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1416 - Filed & Entered: 07/27/2012
Declaration of Gregory Joswiak in Support of [1414] JOINT MOTION , [1408] Corrected Renewed Administrative Motion to File Under Seal filed by Apple Inc.. (Related document(s)[1414], [1408]) (Jacobs, Michael) (Filed on 7/27/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1417 - Filed & Entered: 07/27/2012
Declaration of GiHo Ro in Support of [1414] Joint Motion Regarding Sealing of Trial Exhibits filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Related document(s)[1414]) (Maroulis, Victoria) (Filed on 7/27/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1418 - Filed & Entered: 07/27/2012
Declaration of Prashanth Chennakesavan in Support of [1414] Joint Motion Regarding Sealing of Trial Exhibits filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Related document(s)[1414]) (Maroulis, Victoria) (Filed on 7/27/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1419 - Filed & Entered: 07/27/2012
Declaration of YoungJin Kwon in Support of [1414] Joint Motion Regarding Sealing of Trial Exhibits filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Related document(s)[1414]) (Maroulis, Victoria) (Filed on 7/27/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1420 - Filed & Entered: 07/27/2012
MOTION TO ENFORCE COURT ORDERS REGARDING SONY DESIGNS filed by Apple Inc.. Motion Hearing set for 7/30/2012 09:00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 8/10/2012. Replies due by 8/17/2012. (Attachments: # (1) Declaration of Jason R. Bartlett, # (2) Declaration of Kristin L. Yohannan, # (3) Proposed Order)(Jacobs, Michael) (Filed on 7/27/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1421 - Filed & Entered: 07/27/2012
OPPOSITION to [1398] Brief Regarding References at Trial "Plaintiff" amd "Defendant" by Apple Inc. (Jacobs, Michael) (Filed on 7/27/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1422 - Filed & Entered: 07/27/2012
Certificate of Interested Entities by Microsoft Corporation (Durrance, Nathaniel) (Filed on 7/27/2012)

1423 - Filed & Entered: 07/27/2012
BRIEF regarding Apple's Renewed Objection to [1327] Preliminary Jury Instruction No. 21 by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd.(a Korean corporation), Samsung Telecommunications America, LLC(a Delaware limited liability company). (Maroulis, Victoria) (Filed on 7/27/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1424 - Filed & Entered: 07/27/2012
Proposed Order re [1414] JOINT MOTION regarding Sealing of Trial Exhibits by Apple Inc.. (Jacobs, Michael) (Filed on 7/27/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1425 - Filed & Entered: 07/27/2012
ORDER Regarding Design Patent Claim Construction. Signed by Judge Lucy H. Koh on 7/27/2012. (lhklc2, COURT STAFF) (Filed on 7/27/2012)

1426 - Filed & Entered: 07/27/2012
Case Management ORDER. Signed by Judge Lucy H. Koh on 7/27/2012. (lhklc2, COURT STAFF) (Filed on 7/27/2012) Modified on 7/27/2012 (lhklc2, COURT STAFF). Counsel are advised to review the section on "Information for Jurors" for additional information not discussed at the Case Management Conference.

1427 - Filed & Entered: 07/27/2012
Preliminary Jury Instructions. Signed by Judge Lucy H. Koh on 7/27/2012. (lhklc2, COURT STAFF) (Filed on 7/27/2012). The parties shall bring 15 double sided, 3-hole punched copies of the preliminary jury instructions to trial on Monday, July 30, 2012.

1428 - Filed & Entered: 07/27/2012
OPPOSITION to ( [1402] MOTION to Strike [1388] MOTION Adverse Inference Jury Instruction filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Maroulis, Victoria) (Filed on 7/27/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1429 - Filed & Entered: 07/28/2012
OPPOSITION to ( [1420] MOTION TO ENFORCE COURT ORDERS REGARDING SONY DESIGNS ) filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: # (1) Declaration of Curran M. Walker, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13)(Maroulis, Victoria) (Filed on 7/28/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1430 - Filed & Entered: 07/28/2012
JOINT STATEMENT REGARDING JURY BINDER by Apple Inc.. (Attachments: # (1) Exhibit 1)(Jacobs, Michael) (Filed on 7/28/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1431 - Filed & Entered: 07/28/2012
CORRECTED OPPOSITION to ( [1420] MOTION TO ENFORCE COURT ORDERS REGARDING SONY DESIGNS ) filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Maroulis, Victoria) (Filed on 7/28/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1432 - Filed & Entered: 07/28/2012
CORRECTED OBJECTIONS and COUNTERDESIGNATIONS to [1401] SAMSUNG'S RULE 26(a)(3) DEPOSITION DESIGNATIONS by Apple Inc.. (Attachments: # (1) Exhibit A)(Jacobs, Michael) (Filed on 7/28/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1433 - Filed & Entered: 07/28/2012
REQUEST re [1425] for Correction to Design Patent Claim Construction by Apple Inc. (Jacobs, Michael) (Filed on 7/28/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1434 - Filed & Entered: 07/28/2012
Declaration of ALISON M. TUCHER in Support of [1433] APPLE'S REQUEST FOR CORRECTION TO DESIGN PATENT CLAIM CONSTRUCTION filed byApple Inc.. (Attachments: # (1) Exhibit A)(Related document(s)[1433]) (Jacobs, Michael) (Filed on 7/28/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1435 - Filed & Entered: 07/28/2012
OBJECTIONS to [1433] Apple's Request for Correction of Design Patent Claim Construction Order by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Maroulis, Victoria) (Filed on 7/28/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1436 - Filed & Entered: 07/28/2012
STIPULATION Joint Statement re: Meet and Confer to Discuss Objections to Exhibit Translations filed by Samsung Electronics America, Inc.. (Maroulis, Victoria) (Filed on 7/28/2012)

1437 - Filed & Entered: 07/29/2012
REPLY in Support of ( [1420] MOTION TO ENFORCE COURT ORDERS REGARDING SONY DESIGNS ) filed by Apple Inc.. (Jacobs, Michael) (Filed on 7/29/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

1438 - Filed & Entered: 07/29/2012
Declaration of ALISON M. TUCHER in Support of [1437] Reply to Opposition/Response filed byApple Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Related document(s)[1437]) (Jacobs, Michael) (Filed on 7/29/2012)

1439 - Filed & Entered: 07/29/2012
OBJECTIONS to Christopher Stringer Direct Exhibits by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 157, # (6) Exhibit 162, # (7) Exhibit 164, # (8) Exhibit 165, # (9) Exhibit 166, # (10) Exhibit 167, # (11) Exhibit 168a, # (12) Exhibit 168b, # (13) Exhibit 170, # (14) Exhibit 171)(Maroulis, Victoria) (Filed on 7/29/2012)

1440 - Filed & Entered: 07/29/2012
OBJECTIONS to Apple's Opening Slides by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: # (1) Declaration of Diane C. Hutnyan, # (2) Exhibit 1)(Maroulis, Victoria) (Filed on 7/29/2012)

1441 - Filed & Entered: 07/29/2012
OBJECTIONS to APPLE'S OBJECTIONS TO SAMSUNG'S OPENING STATEMENT DEMONSTRATIVE EXHIBITS by Apple Inc.. (Jacobs, Michael) (Filed on 7/29/2012)

1442 - Filed & Entered: 07/29/2012
RESPONSE to Apple's Objections to Samsung's Opening Slides by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: # (1) Declaration Joseph Milowic III and Exhibits A-E)(Maroulis, Victoria) (Filed on 7/29/2012)

1443 - Filed & Entered: 07/29/2012
Declaration of JASON R. BARTLETT in Support of [1441] Objection filed byApple Inc.. (Attachments: # (1) Exhibit 1)(Related document(s)[1441]) (Jacobs, Michael) (Filed on 7/29/2012)

1444 - Filed & Entered: 07/29/2012
RESPONSE to APPLE'S RESPONSE TO SAMSUNG'S OBJECTIONS TO APPLES OPENING STATEMENT DEMONSTRATIVE EXHIBITS & CHRIS STRINGER EXHIBITS by Apple Inc.. (Jacobs, Michael) (Filed on 7/29/2012)

1445 - Filed & Entered: 07/29/2012
Declaration of JASON R. BARTLETT in Support of [1444] Response ( Non Motion ) filed byApple Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Related document(s)[1444]) (Jacobs, Michael) (Filed on 7/29/2012)

1446 - Filed & Entered: 07/29/2012
Declaration of JASON R. BARTLETT in Support of [1441] Objection [CORRECTED] DECLARATION OF JASON R. BARTLETT IN SUPPORT OF APPLES OBJECTIONS TO SAMSUNGS OPENING STATEMENT AND DEMONSTRATIVES filed byApple Inc.. (Attachments: # (1) Exhibit 1)(Related document(s)[1441]) (Jacobs, Michael) (Filed on 7/29/2012)

1447 Filed & Entered: 07/29/2012
ORDER Amending Design Patent Claim Construction. Signed by Judge Lucy H. Koh on 7/29/2012. (lhklc2, COURT STAFF) (Filed on 7/29/2012)

1448 - Filed & Entered: 07/29/2012
ORDER Regarding Claim Constructions in Jury Notebooks. Signed by Judge Lucy H. Koh on 7/29/2012. (lhklc2, COURT STAFF) (Filed on 7/29/2012)

1449 - Filed & Entered: 07/29/2012
Witness List by Apple Inc. APPLE'S JULY 29, 2012 ROLLING LIST OF WITNESSES. (Jacobs, Michael) (Filed on 7/29/2012)

1450 - Filed & Entered: 07/29/2012
MOTION for Leave to File Sur-Reply Re Apple's New Arguments On Reply Re Apple's Motion to Enforce Court Orders Regarding Sony Designs filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Maroulis, Victoria) (Filed on 7/29/2012)

1451 - Filed & Entered: 07/29/2012
Declaration of Adam Cashman in Support of [1450] MOTION for Leave to File Sur-Reply Re Apple's New Arguments On Reply Re Apple's Motion to Enforce Court Orders Regarding Sony Designs filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Related document(s)[1450]) (Maroulis, Victoria) (Filed on 7/29/2012)

1452 - Filed & Entered: 07/29/2012
Statement re [1397] Statement, Supp. Joint Statement re Meet and Confer to Discuss Objections to Exhibit Translations by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Maroulis, Victoria) (Filed on 7/29/2012)

1453 - Filed & Entered: 07/29/2012
Letter from Local Counsel for Mr. Shin Nishibori Re: Improperly Served Subpoena . (Attachments: # (1) Exhibit Subpoena to Mr. Nishibori)(Nolan, Thomas) (Filed on 7/29/2012)

1454 - Filed & Entered: 07/29/2012
OBJECTIONS to Apples Objections To Samsungs Proposed Cross Examination Exhibits And Materials For Christopher Stringer by Apple Inc.. (Jacobs, Michael) (Filed on 7/29/2012)

1455 - Filed & Entered: 07/29/2012
ORDER re [1440] Samsung's Objections to Apple's Opening Slides. Signed by Judge Lucy H. Koh on 7/29/12. (lhklc3, COURT STAFF) (Filed on 7/29/2012)

1456 - Filed & Entered: 07/29/2012
ORDER On Apple's Objections to Samsung's Opening Slides. Signed by Judge Lucy H. Koh on 7/29/2012. (lhklc2, COURT STAFF) (Filed on 7/29/2012)

1457 - Filed & Entered: 07/30/2012
NOTICE of Appearance by Victoria F. Maroulis Ryan Goldstein (Maroulis, Victoria) (Filed on 7/30/2012)

1458 - Filed & Entered: 07/30/2012
NOTICE of Appearance by Victoria F. Maroulis William Price (Maroulis, Victoria) (Filed on 7/30/2012)

1459 - Filed & Entered: 07/30/2012
NOTICE of Appearance by Victoria F. Maroulis John B. Quinn (Maroulis, Victoria) (Filed on 7/30/2012)

1460 - Filed & Entered: 07/30/2012
RESPONSE to re [1454] Objection Samsung's Response to Apple's Objections to Cross Examination Exhibits of Christopher Stringer by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Maroulis, Victoria) (Filed on 7/30/2012)

1461 - Filed & Entered: 07/30/2012
NOTICE of Appearance by Victoria F. Maroulis Jon Cederberg (Maroulis, Victoria) (Filed on 7/30/2012)

1462 - Filed & Entered: 07/30/2012
RESPONSE to APPLE'S RESPONSES TO SAMSUNG'S OBJECTIONS TO THE EXHIBITS AND DEMONSTRATIVES TO BE USED DURING THE EXAMINATIONS OF PHIL SCHILLER, PETER BRESSLER AND SUSAN KARE, AND JUSTIN DENISON by Apple Inc.. (Jacobs, Michael) (Filed on 7/30/2012)

1463 - Filed & Entered: 07/30/2012
MOTION for Reconsideration re [1456] Order Samsung's Motion For Reconsideration and Offer of Proof filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Maroulis, Victoria) (Filed on 7/30/2012)

1464 - Filed & Entered: 07/30/2012
Declaration of JASON R. BARTLETT in Support of [1462] Response ( Non Motion ), filed byApple Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Related document(s)[1462]) (Jacobs, Michael) (Filed on 7/30/2012)

1465 - Filed & Entered: 07/30/2012
Declaration of Brett J. Arnold in Support of [1463] MOTION for Reconsideration re [1456] Order Samsung's Motion For Reconsideration and Offer of Proof filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Related document(s)[1463]) (Maroulis, Victoria) (Filed on 7/30/2012)

1466 - Filed & Entered: 07/30/2012
OBJECTIONS to Samsung's Responses to Apple's Objections to Exhibits to be Used in Samsung's Direct Examination of Justin Denison by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd.(a Korean corporation), Samsung Telecommunications America, LLC. (Attachments: # (1) Exhibit)(Maroulis, Victoria) (Filed on 7/30/2012)

1467 - Filed & Entered: 07/30/2012
OBJECTIONS to APPLE'S OBJECTIONS TO THE EXHIBITS TO BE USED DURING THE DIRECT EXAMINATION OF JUSTIN DENISON by Apple Inc.. (Jacobs, Michael) (Filed on 7/30/2012)

1468 - Filed & Entered: 07/30/2012
OBJECTIONS to Apple's Proposed Examination Exhibits and Materials For Second Day of Trial by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: # (1) Declaration Of Kara M. Borden, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3)(Maroulis, Victoria) (Filed on 7/30/2012)

1469 - Filed & Entered: 07/30/2012
CLERK'S NOTICE SETTING TELEPHONIC HEARING ON THIRD PARTY IBM'S MOTION TO SEAL: Motion Hearing set for 7/30/2012 at 10:30 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Parties are instructed to contact CourtCall at 866-582-6878 to arrange for telephonic appearance. ***This is a text only docket entry, there is no document associated with this notice.*** (ofr, COURT STAFF) (Filed on 7/30/2012)

1470 - Filed & Entered: 07/30/2012
RESPONSE (re [1376] EMERGENCY ADMINISTRATIVE MOTION for a Limited Sealing Order ) Reuters' America LLC's Opposition to Non-Party IBM's Motion to Prevent Publication filed byReuters America LLC. (Olson, Karl) (Filed on 7/30/2012)

1471 - Filed & Entered: 07/30/2012
CLERK'S NOTICE RESETTING TIME ON 7/30/2012 HEARING ON THIRD PARTY IBM'S MOTION TO SEAL: 7/30/2012 10:30 AM Motion Hearing reset to 11:15 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. ***This is a text only docket entry, there is no document associated with this notice.*** (ofr, COURT STAFF) (Filed on 7/30/2012)

1472 - Filed & Entered: 07/30/2012
MOTION for Temporary Restraining Order filed by International Business Machines Corporation. (Scott, Timothy) (Filed on 7/30/2012)

1473 - Filed & Entered: 07/30/2012
NOTICE by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company) Samsung's Proffer of Evidence Regarding Shin Nishibori (Maroulis, Victoria) (Filed on 7/30/2012)

Astonishing, it is not?


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