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 C

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]

August 5, 2011
VIA E-MAIL
Deok Keun Matthew Ahn
Morrison & Foerster LLP
425 Market Street
San Francisco, California 94105
Re:

Apple Inc. v. Samsung Electronics Co., Ltd., Samsung Electronics
America, Inc., and Samsung Telecommunications America, LLC
Case No. 11-cv-1846 LHK, Northern District of California

Dear Mr. Ahn:
I write in response to your letter to the Nokia Corporation (“Nokia”) IPR Department
dated July 22, 2011.
In that letter, you indicate that Apple, Inc. (“Apple”) in connection with the abovereferenced proceeding (the “Samsung Litigation”), would be required to produce to Samsung
Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications
America, LLC (collectively, “Samsung”) the Settlement Agreement and Patent License
Agreement (including its appendices) between Nokia Corporation and Apple dated June 12,
2011 (collectively, the “June 12 Agreements”). You also indicated that Apple would designate
the June 12 Agreements as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” under
the interim protective order governing the Samsung Litigation and that the June 12 Agreements
would not be disclosed to third parties or to in-house counsel for Samsung.
Please be advised that Apple is not authorized to disclose the June 12 Agreements to
anyone other than Samsung’s outside counsel of record for purposes of the Samsung Litigation
only. In that regard, Nokia does not consent to the production of the June 12 Agreements to any
“Designated House Counsel” for Samsung. Moreover, to the extent that the interim protective
order is superseded by a stipulated protective order, the June 12 Agreements must be afforded a
level of confidentiality at or above the current level and must restrict its disclosure to outside
counsel eyes’ only.

Deok Keun Matthew Ahn
August 5, 2011
Page 2

In the event that Apple or Samsung intend to disclose the June 12 Agreements to any
outside experts retained by Apple or Samsung, Apple or Samsung should comply with the terms
of the protective order and limit the disclosure to only those experts “to whom disclosure is
reasonably necessary” for the Samsung Litigation. Also, before the June 12 Agreements are
disclosed to any outside experts, Nokia should be afforded any rights or privileges afforded to
Apple or Samsung under the protective orders as a disclosing or designating party. This shall
include the disclosure of the expert’s CV to Nokia with the opportunity to object, all prior to the
disclosure.
Moreover, in accordance with Paragraph 5.2(b) of the interim protective order, any
testimony given relating to the June 12 Agreements shall be designated as “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
To the extent that the protective order in the Samsung Litigation does not govern the use
of the June 12 Agreements at trial or at any hearing in the Samsung Litigation, Apple and
Samsung do not have Nokia’s consent to disclose or use the June 12 Agreements at any such trial
or hearing. In any event, Nokia does not consent to the June 12 Agreements becoming public
through their use in connection with and hearing, trial, etc. To the extent that any party seeks to
use the June 12 Agreements 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, Apple is responsible for ensuring that the June 12 Agreements are not disclosed
or used in any way in the Samsung Litigation that would expand access or use of the June 12
Agreements beyond permitted access or use for “HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY” confidentially disclosed in the course of discovery.
Sincerely,

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

LEGAL02/32776756v1