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13-07-01 Court Transcript From 13-04-29 Apple-Samsung Case Management Conference

13-07-01 Court Transcript From 13-04-29 Apple-Samsung Case Management Conference

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Published by Florian Mueller
Excerpt from transcript of April 29, 2013 case management conference in the first Apple v. Samsung litigation in the Northern District of California (case no. 11-cv-01846)
Excerpt from transcript of April 29, 2013 case management conference in the first Apple v. Samsung litigation in the Northern District of California (case no. 11-cv-01846)

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Categories:Types, Business/Law
Published by: Florian Mueller on Jul 02, 2013
Copyright:Attribution Non-commercial

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07/10/2013

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EXHIBIT 1
Case5:11-cv-01846-LHK Document2326-6 Filed07/01/13 Page1 of 10
 
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UNITED
 
STATES COURT REPORTERS39
WOULD OBVIATE THE NEED FOR A NEWTRIAL.I WAS NOT ABLE TO MAKE THAT DETERMINATION, BUT IF SAMSUNGFEELS THAT IT CAN, THEN I WOULD LOVE FOR YOU TWO PARTIES TOREACH AN AGREEMENT ON WHAT THAT NUMBER SHOULD BE.I WAS UNABLE DO THAT BASED ON THE DATA THAT HAD BEENSUBMITTED, BUT I WOULD ABSOLUTELY WELCOME -- IF YOU ALL FEEL THAT THERE IS A REDUCTION THAT CAN BE MADE ACCORDANCE WITH THENOTICE DATES, THEN LET'S JUST GET THIS WHOLE THING UP TO THEFEDERAL CIRCUIT, WHICH I THINK IS WHAT EVERYONE WANTS.I MEAN, WE'RE JUST AN OBSTACLE IN YOUR WAY TO GETTING AFINAL RESOLUTION OF THESE DISPUTES.SO IS THAT POSSIBLE?MS. SULLIVAN: WELL, YOUR HONOR, WE WILL, OF COURSE,ALWAYS BE HAPPY TO TALK TO APPLE ABOUT WHETHER WE COULD ENTER ASTIPULATED FINAL JUDGMENT IN THIS MATTER, AND WE DO WANT TOLIGHTEN THE BURDEN ON THE COURT. WE DO NOT WANT TO IMPOSE -- THAT'S WHY WE ASKED FOR THE 54(B). RESPECTFULLY, YOU'VE DENIEDIT.BUT JUST TO MAKE CLEAR WHY THE CALCULATION AS TO NOTICEDATE IS AN EASY MATHEMATICAL EXERCISE, WE WOULD REFER YOU BAC TO THE WAGNER DECLARATION WE SUBMITTED WITH OUR FIRST JMOLMOTION ON SEPTEMBER 21ST, 2012, AND ON PAGE 4 OF THAT SCHEDULE,IT GIVES YOU THE NOTICE DATE, THE CORRECT REDUCTION OF THEDAMAGES FOR THE CORRECT NOTICE DATES WITH RESPECT TO ALL THEPRODUCTS AS TO WHICH THE '381 PROBLEMDOES NOT EXIST.
Case5:11-cv-01846-LHK Document2326-6 Filed07/01/13 Page2 of 10
 
12345678910111213141516171819202122232425
UNITED
 
STATES COURT REPORTERS40
SO YOU CAN DO IT. IF WE TAKE '381 OUT OF THE PICTURE, YOUCOULD DO THE REDUCTION TOMORROW.WE THINK THERE'S ALSO -- AND THIS WAS USING MR. MUSIKA'SMETHODOLOGY. IN OTHER WORDS, OUR EXPERT TOOK APPLE'S EXPERT'SMETHODOLOGY TO DO THE NUMBERS. THE COURT: CAN WE GET AGREEMENT HERE?MR. JACOBS: YOUR HONOR, I THINK WE HAVE A DIFFERENTVIEWOF THE NEWTRIAL AND HOWDAMAGES WILL COME IN IN THE NEW TRIAL. TO START WHERE YOU STARTED, SAMSUNG VERY SPECIFICALLY, INITS NOTICE SECTION OF ITS MOTION, SAID "THE NOTICE DATES WEREWRONG. WE WANT A NEWTRIAL." THAT IS WHAT THEY ASKED FOR. THAT IS WHAT YOU HAVE GRANTED THEM. AND NOWTHEY ARE REVISITING THE WISDOMOF THEIR EARLIERSTRATEGY.SO YOU'RE -- THE COURT IS DEAD ON ON THIS ONE. THIS IS ALATE REALIZATION AND THEY HAVE WAIVED THEIR CLAIMTHAT THESEVENTH AMENDMENT VIOLATES A NEWTRIAL.AS FOR THE STIPULATION, IF YOU LOOK AT WAGNER'S REPORT --IF YOU LOOK AT WAGNER'S EXHIBIT, IT'S QUITE INTERESTING. INSOME PLACES, WAGNER CAME UP WITH NUMBERS LARGER THAN THE JURYCAME UP WITH. THAT WAS PRECISELY OUR ARGUMENT TO YOUR HONOR. IF YOU LOOAT THE VERDICT HERE AND YOU LOOK AT IT IN ITS AGGREGATE, YOULOOK AT IT AT LEAST AS TO CERTAIN PRODUCTS, THE NUMBER THE JURY
Case5:11-cv-01846-LHK Document2326-6 Filed07/01/13 Page3 of 10

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