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

Filing 1057

Declaration of Cyndi Wheeler in Support of #999 Administrative Motion to File Under Seal , #1007 Administrative Motion to File Under Seal Samsung's Opposition to Apple's Motion for Summary Judgment and Documents in Support Thereto , Samsung's Oppotiion to Apple's Motion to Strike, and Samsung's Opposition to Motion to Exclude filed byApple Inc.. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Related document(s) #999 , #1007 ) (Jacobs, Michael) (Filed on 6/7/2012)

Exhibit B

EXHIBIT 7
FILED UNDER SEAL

quinn emanuel

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November 1, 2011

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Jason Bartlett
Morrison & Foerster LLP
425 Market St.
San Francisco, CA 94105-2482
Re:

Apple v. Samsung Electronics, et al., No. 5:11-cv-01846-LHK (N.D. Cal.)

Dear Jason:
As you are aware, we have noted repeatedly the deficient nature of Apple’s productions relating
to its design patent inventors. The depositions of Apple’s designers have only served to
highlight the extent of Apple’s production deficiencies.

quinn emanuel urquhart & sullivan, llp
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Jason Bartlett
November 1, 2011
Page 2

,

1989 “Brain Box”
Finally, it has come to Samsung’s attention that Apple may have in its possession additional
potential prior art relating to the ‘889 design patent in the form of a product or protoype referred
to as the “Brain Box” – a flat panel display and keyboard designed in 1989 by Apple designers,
including Gavin Ivester, Tony Guido and Sigmar Wilnauer. Samsung requests that Apple
produce or make available for inspection all documents and things, including all models and

Jason Bartlett
November 1, 2011
Page 3
prototypes, related to the Brain Box. These materials are responsive to (at least) Samsung's
Request for Production No. 98.
In light of these and other production deficiencies, Samsung reserves the right to pursue motion
practice and to re-call all deponents impacted by Apple’s production failures for an additional
day of deposition.
Sincerely,
/s/ Michael T. Zeller
Michael T. Zeller