Apple Inc. v. Samsung Electronics Co.
2012 U.S. Dist. LEXIS 48011
N.D. Cal.2012Background
- Apple moves to compel depositions of six Samsung executives (SEC/STA) in a patent action; Samsung narrows apex objections and Samsung output; six witnesses are high-level executives with purported unique knowledge; Apple argues these witnesses have firsthand knowledge central to design, strategy, and finances; court must balance apex concerns against broad discovery in a multinational corporation; court considers each witness’ role, knowledge, and availability of other sources; court sets deposition time limits and grants protective order for one witness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Apex doctrine framework in multinational corp context | Apple contends apex treatment is proper for several high-level executives with unique knowledge | Samsung argues high-level status and lack of unique knowledge justify protection | Apex framework applied with nuanced analysis; need to show unique knowledge and exhaustion of alternatives for each witness. |
| Choi deposition whether compelled | Choi has hands-on involvement in strategy and potential direct knowledge | Choi’s role is executive and not proven to have unique, firsthand knowledge | Choi’s deposition granted, limited to two hours. |
| Shin deposition whether compelled | Shin directed mobile design decisions and has unique knowledge | No evidence of Shin’s direct involvement beyond high-level role | Shin deposition denied; protective order granted. |
| Hong deposition time and necessity | Hong’s team study and firsthand directives show unique knowledge | No demonstrated unique knowledge beyond high-level oversight; exhaustion of other sources claimed | Hong deposition granted for up to three hours. |
| Cho, Sohn, and Cheong depositions whether compelled | Each has potential unique insight into design, marketing, and financial relations between SEC and STA | High-level officers with broad oversight; other witnesses already deposed | Cho deposition granted for up to three hours; Sohn deposition granted for up to three hours; Cheong deposition granted for up to three hours. |
Key Cases Cited
- Six West Retail Acquisition, Inc. v. Sony Theatre Mgmt. Corp., 203 F.R.D. 98 (S.D.N.Y. 2001) (denial of apex deposition when showing insufficient to overcome protections)