Apple Inc. v. Samsung Electronics Co. Ltd. et al
Administrative Motion to File Under Seal filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: # 1 Proposed Order to file under seal, # 2 Declaration of Melissa Chan In Support of Admin Motion, # 3 Declaration In Support of Samsung's Opposition, # 4 Exhibit 1 to Chan Declaration, # 5 Exhibit 2 to Chan Declaration, # 6 Exhibit 3 to Chan Declaration, # 7 Exhibit 4 to Chan Declaration, # 8 Exhibit 5 to Chan Declaration, # 9 Exhibit 6 to Chan Declaration, # 10 Exhibit 7 to Chan Declaration, # 11 Exhibit 8 to Chan Declaration, # 12 Exhibit 9 to Chan Declaration, # 13 Declaration 10 to Chan Declaration, # 14 Exhibit 11 to Chan Declaration, # 15 Exhibit 3 to Jenkins Declaration, # 16 Samsung's Opposition to Apple's Motion to Compel, # 17 Proposed Order Denying Apple's Motion to Compel, # 18 Certificate/Proof of Service)(Maroulis, Victoria) (Filed on 12/15/2011)
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December 2, 2011
VIA ELECTRONIC MAIL
Morrison & Foerster
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Apple Inc. v. Samsung Elecs. Co., et al., Case No. 11-CV-01846-LHK (N.D. Cal.)
I write in response to your November 9, 2011 and November 28, 2011 letters to Rachel
Kassabian regarding source code and other documents that you claim are responsive to RFP Nos.
11-12; 223-250; and PI RFP Nos. 200-203.
Samsung intends to produce for inspection the source code within its possession, custody or
control for the accused functionalities of the Samsung accused products, to the extent that such
source code is relevant to infringement of the intellectual property asserted by Apple in this case.
For other types of source code, however, Samsung asks that Apple provide its position as to why
such source code is relevant. For example, your request for source code, related configuration
files and version history information for TouchWiz, Browser, Camera, Contacts, Gallery and
Maps applications is not tailored to the specific functionality accused in those applications;
Apple is not entitled to inspect the entirety of the application’s source code, including that for
features that are not at issue in this lawsuit. We also would like to meet and confer with you to
discuss how “requests for quotations,” “qualification documents,” and “bills of materials” are
relevant to the issues in this case.
quinn emanuel urquhart & sullivan, llp
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Samsung further disagrees with the statements in your November 28, 2011 letter regarding
Samsung’s production to date. Samsung produced source code or technical documents related to
the allegedly infringing features and in conjunction with its invalidity contentions. And like
Apple, Samsung has produced source code and technical documents evidencing the conception
and reduction to practice of the patents in suit in connection with the inventors’ depositions—
much like Apple’s production of some source code in connection with its own inventors’
Samsung remains committed to using its best efforts to produce source code for inspection as
quickly as possible to the extent that such software is in Samsung’s possession, custody or
control. In the interests of compromise, Samsung is willing to expedite its production of the
source code, but we will reiterate the fact that Apple has provided no basis for demanding
expedited treatment. Apple’s claim that such information relates to claim construction is simply
false. To the extent you claim any of such source code or technical documents should have been
produced earlier in connection with the Patent Local Rules, you are also incorrect. In any event,
we respect Apple's general need to inspect source code, and we hope to make inspections
available by December 15, 2011, or we will let you know if such inspections are not possible on
We still, however, await your position regarding whether Apple will be producing similar types
of documents for the Apple accused products. As you know, Samsung has closely analogous
requests for source code and technical documents relating to the Apple accused products. See,
e.g., Samsung Requests for Production Nos. 39, 195, 196, 200, 202, 205, 207-210, and. 212-218.
Apple’s counsel admitted on the meet and confer call on November 9, 2011, that Apple would
have and need to produce source code for the Apple accused products. But later, Apple objected
to these requests and said it would be only “willing to consider” producing source code related to
the accused functionalities. See, e.g., your November 22, 2011 letter to Rachel Kassabian
(attaching Exhibit B).
To be clear, Samsung would like Apple’s confirmation that it will be producing the following
Source code, related configuration files, and version history information for the following
software: Mail, Photos, and Camera applications.
Source code in any Apple accused product relating to the transmission of images,
messages, and addresses by the Apple accused product, including by email or multimedia
Source code in any Apple accused product relating to image processing by the Apple
accused product, including capture, processing, storage, display, and transmission of
images, messages and addresses.
Source code, related configuration files, and version history information for software
used to implement the compliance of the Apple accused products with WCDMA, GSM,
Source code in any Apple accused product relating to the operation or enablement of the
function of every baseband processor incorporated into each Apple accused product that
performs any part of the functions of a baseband processor.
Source code in any Apple accused product relating to the accused functionalities.
All requests for quotations relating to the touchscreens, touchscreen controllers, and
touch screen components in each Apple accused product.
All qualification documentation for the touchscreens, touchscreen controllers, and touch
screen components in each Apple accused product, including internal qualification
documentation and vendor qualification documentation, specifications used to qualify
both first and third-party-supplied parts and components, and quality control criteria used
All documents relating to design, specifications and manufacturing tolerances for the
touch screens, touch sensor controllers, and touch screen components in the Apple
All Bills of Materials and design drawings relating to the Apple accused product
provided to or received from vendors or suppliers.
All functional testing results and testing criteria relating to the touch screens, touch
sensor controllers, and touch screen components in the Apple accused product, including
documents pertaining to prototypes and pre-production touch screens, touch sensor
controllers, and touch screen components.
All testing data related to the shielding of traces of conductive material in the Apple
Specifications, schematics, flow charts, artwork, formulas, or other documentation
showing the design and operation the touch screens, touch sensor controllers, and touch
screen components or of other accused features.
Documents concerning each design around, and/or allegedly non-infringing alternative
design that can be used as an alternative to the Samsung patents at issue.
All documents relating to each change or design around that Apple has made, is making,
or will make in response to the allegations in this lawsuit.
These categories are not intended to narrow what Samsung has already requested in its requests
for production, but these are only a few of the items for which we seek a reciprocal agreement as
to the scope of each party’s productions.
We recognize Apple’s need for source code and technical documents relating to the accused
functionalities in this case. Documents responsive to the Samsung requests listed above,
however, are no less integral to Samsung's ability to pursue its claims and defenses. As Apple
acknowledged during the parties’ most recent meet and confer call, Apple has not produced
source code relating to the Apple accused products, although it is “prepared” to do so. Please
immediately provide us with a date certain by which Apple will complete production responsive
to Samsung’s requests. Given Apple’s demands, we presume and expect that Apple is prepared
to produce its source code by December 15, but if that is not the case, please advise.
Very truly yours,
QUINN EMANUEL URQUHART & SULLIVAN, LLP
Melissa N. Chan
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