Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 1717

ORDER Regarding Evidentiary Objections and Sealing. Signed by Judge Lucy H. Koh on 8/13/2012. (lhklc2, COURT STAFF) (Filed on 8/13/2012)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 APPLE, INC., a California corporation, ) ) Plaintiff and Counterdefendant, ) v. ) ) SAMSUNG ELECTRONICS CO., LTD., A ) Korean corporation; SAMSUNG ) ELECTRONICS AMERICA, INC., a New York ) corporation; SAMSUNG ) TELECOMMUNICATIONS AMERICA, LLC, ) a Delaware limited liability company, ) ) Defendants and Counterclaimants. ) ) 14 Case No.: 11-CV-01846-LHK ORDER REGARDING EVIDENTIARY OBJECTIONS AND SEALING The Court made the following rulings on the record at trial: 15  The Court accepted Apple’s redacted exhibit PX25A1. 16  The parties shall include limiting instructions in their list of admitted exhibits. 17  SDX3951.006 was excluded because the device was not timely disclosed on Samsung’s 18 19 exhibit list.  SDX3951.003 was excluded because it contains claim construction argument. 20 Additionally, the Court notes that Apple has been late at least 3 times in filing its objections 21 and responses to objections. Apple’s tardiness is unfair to Samsung. When Apple does not file its 22 objections and responses on time, Apple is given the unfair advantage of previewing Samsung’s 23 arguments. In order to discourage this practice, the Court will deduct trial time from any party that 24 is tardy in filing its objections and responses. For every six minutes past 10:30 a.m. that either 25 party is late, the Court will deduct one minute from that party’s trial time. In addition, the parties 26 shall file, with the objections and responses, an attorney declaration indicating the time at which 27 the objections and responses are being filed. 28 1 Case No.: 11-CV-01846-LHK ORDER REGARDING EVIDENTIARY OBJECTIONS AND SEALING 1 Finally, the Court revises the standing order with respect to motions to seal in this case 2 only. If either party files an administrative motion to file under seal that requires a supporting 3 declaration from another party pursuant to Civil Local Rule 79-5(d), the party filing the 79-5(d) 4 declaration must do so within one day of the filing of the administrative motion to seal. 5 Declarations in support of the administrative motions to file under seal at docket numbers 1684 and 6 1711 shall be filed by 6:00 p.m. on August 14, 2012. 7 IT IS SO ORDERED. 8 Dated: August 13, 2012 _________________________________ LUCY H. KOH United States District Judge 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 11-CV-01846-LHK ORDER REGARDING EVIDENTIARY OBJECTIONS AND SEALING

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