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

Filing 1328

Administrative Motion to File Under Seal /Non-Party Nokia Corporation's Administrative Motion to File Under Seal filed by Nokia Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(Hemminger, Steven) (Filed on 7/25/2012)

EXHIBIT B

ALSTON&BIRD LLP
101 South Tryon Street
Suite 4000
Charlotte, NC 28280-4000
704-444-1000
Fax: [phone]
www.alston.com

M. Scott Stevens

Direct Dial: 704-444-1025

E-mail: [e-mail]

November 11, 2011
VIA E-MAIL ([e-mail])
Anne Abramowitz
Quinn Emanuel Urquhart & Sullivan, LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
Re:

Apple Inc. v. Samsung Electronics Co., Ltd., et al.
Case No. 11-cv-01846-LHK, NDCA
Certain Electronic Devices, Including Wireless Communication Devices,
Portable Music and Data Processing Devices, and Tablet Computers
USITC Inv. No. 337-TA-794

Dear Ms. Abramowitz:
I write in response to your letter to Nokia’s General Manager Patent Licensing dated
September 19, 2011, and our correspondence thereafter.
In your letters, you indicate that Samsung Electronics Co., Ltd. (“Samsung”) in
connection with the above-referenced proceedings (the “Apple/Samsung NDCA/ITC
Litigations”), has been requested to produce to Apple Inc. (“Apple”) the License Agreement
between Nokia Corporation and Samsung dated June 18, 2010 as well as the Nokia/SEC License
Agreement dated October 1, 2009 (“Nokia/Samsung Licenses”). You also indicated that
Samsung would designate the Nokia/Samsung Licenses as “Confidential Business Information”
under the Protective Order in the 794 ITC proceeding and as “Highly Confidential – Outside
Counsel’s Eyes Only” under the Interim Protective Order in the NDCA action, under which
access to these materials would be restricted to Apple’s outside counsel. Subject to the below,
Nokia provides its consent to disclose the Nokia/Samsung Licenses as described above.
Please be advised that Samsung is not authorized to disclose the Nokia/Samsung Licenses
to anyone other than Apple’s outside counsel of record for purposes of the Apple/Samsung
NDCA/ITC Litigations only.
You have indicated that the parties have not yet filed expert lists in these litigations, but
that Samsung will provide Nokia with a list of experts and their vitae after the parties identify the

Anne Abramowitz
November 11, 2011
Page 2

relevant experts such that Nokia may object, if necessary, to the disclosure of the
Nokia/Samsung Licenses to an expert.
During the course of any hearing, trial, etc., in the 794 ITC Investigation, use of the
Nokia/Samsung Licenses should only be allowed during a Confidential Session, whereby the
public and any in-house counsel for Apple would be excused from the courtroom. Should the
Nokia/Samsung Licenses need to be used in connection with a hearing or at trial, the courtroom
should be cleared, or other confidentiality procedures will be implemented in accordance with
the Interim Protective Order, to ensure that the disclosure of the Nokia/Samsung Licenses is only
made to those individuals authorized by the Interim Protective Order, which does not authorize
disclosure to Apple in-house counsel. To be clear, Nokia does not consent to the
Nokia/Samsung Licenses becoming public through their use in connection with and hearing,
trial, etc. To the extent that any party seeks to use the Nokia/Samsung Licenses in any way that
poses any risk to their contents becoming public, Nokia shall receive advance notice and be
afforded an opportunity to object and to have any such objection resolved prior to any attempted
use at a hearing, trial, etc.
Finally, Samsung is responsible for ensuring that the Nokia/Samsung Licenses are not
disclosed or used in any way in the Apple/Samsung NDCA/ITC Litigations that would expand
access or use of the Nokia/Samsung Licenses beyond permitted access or use for “Confidential
Business Information” or “Highly Confidential – Outside Counsel’s Eyes Only” information
disclosed in the course of discovery.
Sincerely,

/s/ Scott Stevens
M. Scott Stevens
MSS/dlb
cc:
Ron Antush, Esq., Nokia, Inc.
Everette Upshaw, Esq., Nokia, Inc.