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Apple, Inc v. Samsung Electronics Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


October 4, 2011

APPLE, INC., 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.

The opinion of the court was delivered by: Paul S. Grewal United States Magistrate Judge

ORDER GRANTING-IN-PART DEFENDANT'S MOTION TO COMPEL (Re: Docket No. 283)

United

Defendants Samsung Electronics Co., LTD., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively "Samsung") move to compel Apple to schedule inventor depositions in accordance with the court's scheduling order of August 25, 2011*fn1 and seek an extension of the November 1, 2011 deadline for completion of the depositions in order 22 to allow for fair preparation and effective, orderly discovery. Specifically, Samsung seeks to 23 depose the 15 design patent inventors,*fn2 noticed by Samsung, in an orderly fashion on every other 24 25 business day between October 14 and November 14, 2011.*fn3

Apple responds that, as of today's 1 2 hearing, it has offered dates for several of the depositions already and will provide dates for the remaining depositions before the deadline. The parties appeared telephonically for oral argument 4 on the motion earlier this evening. 5 The parties' papers set forth the details of their respective positions. The court will not 6 repeat those arguments here and will simply rule as follows. 7 It is HEREBY ORDERED that:

1. No later than Thursday, October 6, 2011, at 2:00 p.m., Apple shall tender the dates 10 for each remaining inventor deposition.

2. The depositions shall be completed as soon as possible and in any event no later than October 31, 2011, in compliance with the court's previously-established deadline. 13 3. Apple is to undertake all reasonable efforts to avoid multiple booking of inventor 14 depositions. 15

4. To the extent a dispute regarding scheduling of these depositions remains, the court will entertain a request for a further telephonic argument without delay. The parties are warned, 18 however, that a further argument on this dispute will likely result in the issuance of sanctions.

All other relief requested by Samsung is DENIED.

20

IT IS SO ORDERED. 21


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