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`CHRISTINE A. VARNEY (pro hac vice)
`cvarney@cravath.com
`KATHERINE B. FORREST (pro hac vice)
`kforrest@cravath.com
`GARY A. BORNSTEIN (pro hac vice)
`gbornstein@cravath.com
`YONATAN EVEN (pro hac vice)
`yeven@cravath.com
`LAUREN A. MOSKOWITZ (pro hac vice)
`lmoskowitz@cravath.com
`JUSTIN C. CLARKE (pro hac vice)
`jcclarke@cravath.com
`M. BRENT BYARS (pro hac vice)
`mbyars@cravath.com
`JOHN I. KARIN (pro hac vice)
`jkarin@cravath.com
`CRAVATH, SWAINE & MOORE LLP
`825 Eighth Avenue
`New York, New York 10019
`Telephone: (212) 474-1000
`Facsimile: (212) 474-3700
`
`PAUL J. RIEHLE (SBN 115199)
`paul.riehle@faegredrinker.com
`FAEGRE DRINKER BIDDLE & REATH LLP
`Four Embarcadero Center
`San Francisco, California 94111
`Telephone: (415) 591-7500
`Facsimile: (415) 591-7510
`
`Attorneys for Plaintiff and Counter-defendant
`Epic Games, Inc.
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`OAKLAND DIVISION
`
`EPIC GAMES, INC.,
`
`Case No. 4:20-CV-05640-YGR-TSH
`
`Plaintiff, Counter-defendant,
`
`v.
`
`Defendant, Counterclaimant.
`
`EPIC’S ADMINISTRATIVE MOTION TO
`DEEM ADMITTED EXHIBITS ON BOX
`AS FILED ON THE DOCKET
`
`Hon. Yvonne Gonzalez Rogers
`
`APPLE INC.,
`
`MOTION TO DEEM ADMITTED EXHIBITS ON BOX AS FILED ON THE DOCKET
`CASE NO. 4:20-CV-05640-YGR-TSH
`
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`Case 4:20-cv-05640-YGR Document 843 Filed 01/20/22 Page 2 of 3
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`
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`ADMINISTRATIVE MOTION TO DEEM ADMITTED EXHIBITS ON BOX AS FILED
`ON THE DOCKET
`Following a bench trial, this Court entered judgment on the complaint in favor of Plaintiff,
`Counter-defendant Epic Games, Inc. (“Epic”) on the Tenth Count for violation of California’s
`Unfair Competition Law and in favor of Defendant, Counterclaimant Apple Inc. (“Apple”) on all
`other counts. On the counterclaims for breach of contract and declaratory relief, this Court
`entered judgment in favor of Apple. Both parties have appealed.
`In connection with Epic’s appeal, Epic intends to cite certain exhibits and deposition
`designations that were admitted at trial and considered by this Court, but are not yet filed with this
`Court and therefore are not included on this Court’s electronic docket. Instead, the exhibits and
`deposition designations that Epic intends to cite are available on a publicly accessible Box
`account, per the parties’ agreement and this Court’s Pretrial Order No. 4. (Dkt. No. 468 at 3.)
`Circuit Advisory Committee Note to Circuit Rule 27-14 provides that “the parties are
`encouraged during the course of the district court proceedings to file documentary exhibits
`electronically” so that they are included in the electronic district court docket and made accessible
`to the Court of Appeals.
`Epic understands that the admitted trial exhibits and deposition designations are already
`part of the record on appeal. But for the avoidance of doubt, Epic hereby moves that the admitted
`exhibits and deposition designations on the publicly accessible Box account be deemed as filed on
`this Court’s electronic docket.
`
`
`MOTION TO DEEM ADMITTED EXHIBITS ON BOX AS FILED ON THE DOCKET
`CASE NO. 4:20-CV-05640-YGR-TSH
`
`
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`Case 4:20-cv-05640-YGR Document 843 Filed 01/20/22 Page 3 of 3
`
`Dated: January 20, 2022
`
`
`
`
`
`Respectfully submitted,
`
`
`By:
`/s/ John I. Karin
`
`FAEGRE DRINKER BIDDLE & REATH
`LLP
` Paul J. Riehle
`
`
`CRAVATH, SWAINE & MOORE LLP
` Christine A. Varney
` Katherine B. Forrest
` Gary A. Bornstein
` Yonatan Even
` Lauren A. Moskowitz
` Justin C. Clarke
` M. Brent Byars
` John I. Karin
`
`Attorneys for Plaintiff and Counter-defendant
`EPIC GAMES, INC.
`
`2
`MOTION TO DEEM ADMITTED EXHIBITS ON BOX AS FILED ON THE DOCKET
`CASE NO. 4:20-CV-05640-YGR-TSH
`
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