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

Filing 387

Declaration of Melissa Chan in Support of #258 Opposition/Response to Motion, filed bySamsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (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 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16, #16 Exhibit 17, #17 Exhibit 18, #18 Exhibit 19, #19 Exhibit 20, #20 Exhibit 21, #21 Exhibit 22)(Related document(s) #258 ) (Maroulis, Victoria) (Filed on 11/9/2011)

EXHIBIT 19

quinn emanuel

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July 15, 2011

VIA EMAIL AND U.S. MAIL
Michael A. Jacobs
Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105
[e-mail]
Re:

Apple Inc. v. Samsung Elecs. Co., et al., Case No. 11-CV-01846-LHK (N.D. Cal.)

Dear Michael:
I am writing in response to your letter dated July 1, 2011 regarding the preservation of evidence
related to the lawsuits between Apple and Samsung. Pursuant to your request, we confirm that
Samsung has taken steps to preserve documents relevant to the pending lawsuits between Apple
and Samsung.
As you are probably aware, just last month sanctions were issued against Apple in Personal
Audio LLC v. Apple Inc. because Apple "failed to obey [the] court’s orders to disclose
information in its possession or control that is relevant to the claims or defenses of any party"
and that Apple "failed to provide information as required by Federal Rule of Civil Procedure
26(a); and that these failures were not substantially justified." In that instance, just three weeks
before trial, Apple produced 6,300 pages of documents, including documents from a disk as well
as pages from handwritten notebooks and early third-party MP3 players. The Court found that
"[a] reasonable inquiry [by Apple] should have revealed these items long ago."

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Michael A. Jacobs
July 15, 2011
Page 2

In light of this and your request to Samsung, please confirm that Apple, like Samsung, is taking
the necessary steps required to identify and preserve all relevant evidence.
Sincerely,

Kevin P.B. Johnson

02198.51855/4243668.1