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

Filing 1087

REPLY (re #965 Administrative Motion to File Under Seal Samsung's Motion to Enforce April 12, 2012 Order ) Samsung's Reply Brief In Support Of Motion To Enforce April 12 Order filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Declaration of Diane C. Hutnyan In Support of Motion to Enforce April 12 Order, #2 Exhibit A to Reply Declaration of Diane C. Hutnyan In Support of Motion to Enforce April 12 Order, #3 Exhibit B to Reply Declaration of Diane C. Hutnyan In Support of Motion to Enforce April 12 Order, #4 Exhibit C to Reply Declaration of Diane C. Hutnyan In Support of Motion to Enforce April 12 Order, #5 Exhibit D to Reply Declaration of Diane C. Hutnyan In Support of Motion to Enforce April 12 Order, #6 Exhibit E to Reply Declaration of Diane C. Hutnyan In Support of Motion to Enforce April 12 Order)(Maroulis, Victoria) (Filed on 6/12/2012)

EXHIBIT D

quinn emanuel trial lawyers | los angeles
865 South Figueroa Street, 10th Floor, Los Angeles, California 90017-2543 | TEL: [phone] FAX: [phone]

WRITER'S DIRECT DIAL NO.
[phone]

June 12, 2012

WRITER'S INTERNET ADDRESS
[e-mail]

VIA E-MAIL
Mia Mazza
Morrison and Foerster
425 Market Street
San Francisco, California 94105
Re:

Apple v. Samsung, Case No. 11-cv-1846-LHK (PSG) (N.D. Cal.)

Dear Mia:
Apple produced several expert reports from Brian W. Napper, prepared in connection
with Apple, Inc. v. Motorola, Inc., Case No. 11-CV-08540 (N.D. Ill.) (“Apple v. Motorola”), a
case Judge Grewal has found shares a technological nexus with this case.1 Yet Apple did not
produce a transcript of any deposition of Mr. Napper in that case, nor did Apple produce Mr.
Napper’s March 20 report, referenced by Apple in its April 13, 2012 Motion to Supplement its
Expert Reports. (See APLNDC-Y0000393004, at 3.)
As you know, the April 12 Order required Apple to produce “deposition transcripts from
witnesses [such as] experts, as well as declarations and affidavits, expert reports, hearing
transcripts, court rulings, and pleadings” from related proceedings. (Dkt. No. 867, at 11.) Mr.
Napper’s deposition transcripts and March 20 report fall squarely within that description.
Please produce these materials without further delay.

1

Specifically, Apple produced the following reports: 1) APLNDC-Y0000365835: Expert
Report of Brian W. Napper, dated September 14, 2011, attached as Exh. 265 (p. 1941) to
Declaration of Christine Saunders Haskett in Support of Memorandum in Opposition to
Motorola’s Motion for Summary Judgment on Apple’s Estoppel/Unclean Hands Defense; 2)
APLNDC-Y0000342859: Supplemental Expert Report of Brian W. Napper, dated March 1, 2012
is attached as Exh. 4 (p. 75) to Apple’s Motion for Reconsideration of the Court’s Order Striking
Apple’s Supplemental Reports Regarding Its Equitable Estoppel And Unclean Hands Defenses;
3) APLNDC-Y0000344998: Rebuttal Expert Report of Brian W. Napper, dated April 15, 2012;
4) APLNDC-Y0000358653: Supplemental Expert Report of Brian W. Napper, dated April 20,
2012 (duplicate at APLNDC-Y0000365362).

Best regards,

/s/ Diane C. Hutnyan
DCH