MOTION TO STRIKE PORTIONS OF MICHAEL WAGNER’S AUGUST 26, 2013 REPORTCase No. 11-cv-01846-LHK (PSG)
NOTICE OF MOTION
PLEASE TAKE NOTICE that on October 10, 2013, at 1:30 p.m., or as soon as the matter may be heard by the Honorable Lucy H. Koh in Courtroom 8, United States District Court for the Northern District of California, Robert F. Peckham Federal Building, 280 South 1st Street, SanJose, CA 95113, Apple Inc. (“Apple”) shall and hereby does move the Court pursuant to FederalRule of Civil Procedure 37(c)(1) and the Court’s April 29, 2013 and August 22, 2013 CaseManagement Orders to strike certain portions of the expert report of Michael Wagner, retained bySamsung Electronics Co., Ltd., Samsung Electronics America, Inc., and SamsungTelecommunications America, LLC (collectively, “Samsung”).This motion is based on this notice of motion and supporting memorandum of points and authorities; the Declaration of Erik J. Olson in Support of Apple’s Motion to Strike Portions of Michael Wagner’s August 26, 2013, Rebuttal Report (“Olson Decl.”) and exhibits attached thereto; and such other written or oral argument as may be presented at or before the time thismotion is taken under submission by the Court.
An order striking certain identified paragraphs, and the corresponding portions of theSchedules and Exhibits, from the August 26, 2013, Rebuttal Report of Michael Wagner.
STATEMENT OF ISSUES
Whether Michael Wagner’s August 26, 2013, Rebuttal Report includes (1) new sales data,including any sales after June 30, 2013; (2) new products; and (3) new methodologies or theories.Whether Michael Wagner’s August 26, 2013, Rebuttal Report uses “differentmethodologies in his . . . expert report” and drew “upon new data.”
Case5:11-cv-01846-LHK Document2381 Filed08/30/13 Page2 of 10