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

Filing 1043

Declaration of Nathan Sabri in Support of #1042 Opposition/Response to Motion, #1041 Administrative Motion to File Under Seal Apple Inc.'s Opposition to Samsung's Motion to Enforce April 12, 2012 Order filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27)(Related document(s) #1042 , #1041 ) (Jacobs, Michael) (Filed on 6/5/2012)

DECLARATION OF NATHAN SABRI IN
SUPPORT OF APPLE’S OPPOSITIONS TO
SAMSUNG’S MOTION FOR SANCTIONS AND
MOTION TO ENFORCE

EXHIBIT 6

quinn emanuel trial lawyers | silicon valley
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WRITER'S INTERNET ADDRESS
[e-mail]

November 20, 2011
VIA ELECTRONIC MAIL
Mia Mazza
Morrison & Foerster
425 Market Street
San Francisco, CA 94125-2482

Re:

Samuel Maselli
WilmerHale
950 Page Mill Road
Palo Alto, CA 94304

Apple, Inc. v. Samsung Elecs. Co. et al., Cae No. 11-cv-1846 LHK (N.D. Cal.)

Dear Mia and Samuel:
I write to address and memorialize several issues discussed during our meet-and-confer call on
Wednesday, November 16, 2011.
Apple's Issues
I.

The Court's September 28th Order
Searching files for the opposing party's name

As previously indicated in my letter of November 8, 2011, Samsung is generally agreeable to
including the term “Apple” (with delimiters as needed) in searching its designers' custodial
documents provided that Apple search for the term "Samsung" in its designers’ files. Samsung
made it clear, and Apple is not contesting, that this was not something ordered by the Court in its
September 28 Order, but rather, would be done pursuant to an agreement of the parties. During
the November 16, 2011 meet and confer call, Apple has now broadened its request by asking
Samsung to include the term "Apple" in searching the files of (1) engineers who worked on the
quinn emanuel urquhart & sullivan, llp
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Mia Mazza
Samuel Maselli
November 20, 2011
Date restrictions for inventor files
It has been more than two weeks since Samsung first requested that Apple redo its inventor
searches to include all documents up to and including the patent issuance date. Apple stated that
it is still considering Samsung's request, and will respond by Thanksgiving. Samsung also asked
Apple to explain the significance of the June 2003 and October 2004 date restrictions it applied.
Apple was unable to do so, and stated only that it was entitled to use arbitrary date restrictions as
long as it concluded that the search “was early enough” that it would capture all relevant
documents. Apple stated that it was willing, however, to prepare a letter explaining why it chose
the dates that it did. Please do so immediately.
If Apple does not agree to re-run its inventor searches to include all documents up to and
including the patent issuance date by Monday, November 28, Samsung will have to move
forward and will expect Mr. McElhinny to discuss it with Mr. Verhoeven at the lead counsel
meet and confer.
Transcripts of prior testimony
Samsung has repeatedly asked Apple to produce all transcripts of prior testimony where an
individual who would likely appear as a witness in this case has testified in his or her capacity as
an Apple employee. With respect to Samsung's inventors, Samsung is producing all such
transcripts that it is able to locate through a reasonable search. By contrast, Apple has made
clear that the only transcripts it regards as relevant are those in which the witness testified
regarding a patent asserted in this matter, notwithstanding case law to the contrary.
During the meet-and-confer call, Apple stated that it may now be willing to broaden its concept
of relevance to include transcripts from proceedings that have a "technological nexus" to the
subject matter of the instant case. Samsung indicated that it may be willing to adopt the
"technological nexus" approach, provided that the parties agree on a mutually acceptable
definition of that concept. During the call, however, Apple was unable to articulate what it
meant by "technological nexus." Consequently, Samsung insisted that the parties exchange a list
of the prior cases in which their witnesses have testified, so that the parties would be able to
make their own independent determination of which transcripts are relevant and should be
produced. Apple stated that it would consider Samsung's request, but as of this writing still has
not provided its final position. More than two weeks have elapsed since Samsung raised this
issue, during which time Samsung has had to depose several Apple witnesses without this
pertinent evidence. In light of Apple's consistent failure to articulate any meaningful alternative
standard, or otherwise move the ball forward, please be advised that if we cannot resolve this
issue in the next week, Apple should be prepared to discuss it at the upcoming lead counsel meet
and confer.
02198.51855/4456552.1

6

Mia Mazza
Samuel Maselli
November 20, 2011
Very truly yours,

Rachel Herrick Kassabian

02198.51855/4456552.1

9