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

Filing 57

Declaration of Todd M. Briggs in Support of #56 MOTION to Compel Apple to Produce Reciprocal Expedited Discovery 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 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28)(Related document(s) #56 ) (Maroulis, Victoria) (Filed on 5/27/2011)

Exhibit 10

quinn emanuel

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May 16, 2011
VIA E-MAIL
Jason R. Bartlett, Esq.
Morrison and Foerster LLP
425 Market Street
San Francisco, CA 94105
[e-mail]
Re:

Apple, Inc. v. Samsung Electronics Co. Ltd., Samsung Electronics America, Inc.,
Samsung Telecommunications America, LLC, Case No. 11-cv-1846-LHK (N.D. Cal.)

Dear Jason:
I write pursuant to Judge Koh’s order Thursday afternoon that the parties meet and confer
concerning the reciprocal discovery that Samsung seeks from Apple in view of the discovery that
Judge Koh ordered that Samsung produce to Apple. As reciprocal discovery, Samsung requests
that Apple produce to Samsung by June 13, 20111:
1) a sample of the final, commercial version of the next generation iPhone that Apple will
release, whether that product will be known as the “iPhone 4S,” “iPhone 5,” or some other name,
along with the final version of the packaging in which this product will be delivered to retail
customers and a final version of the insert(s) that will be included within such packaging; and

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This is the deadline Judge Koh ordered for Samsung’s production to Apple of
product samples, packaging, and packaging inserts of the Galaxy S2, Galaxy Tab 8.9, Galaxy
Tab 10.1, Infuse 4G and 4G LTE.
quinn emanuel urquhart & sullivan, llp
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2) a sample of the final, commercial version of the next generation iPad that Apple will release,
whether that product will be known as the “iPad 3,” “Third Generation iPad,” or some other
name, along with the final version of the packaging in which this product will be delivered to
retail customers and a final version of the insert(s) that will be included within such packaging.
Samsung needs each of these items to evaluate whether a likelihood of confusion exists between
the Samsung and Apple products that will be in the market at the same time. If “final” or
“commercial” versions of the products, packaging, and packaging inserts that Samsung requests
are not available by June 13, 2011, then Samsung requests that the most current version of each
be produced by that date instead. Samsung will afford these samples, packaging and inserts the
same level of confidentiality protection under Patent L.R. 2-2’s Interim Protective Order, as
modified by Judge Koh, that Apple must afford to Samsung’s product samples.
Unless and until we learn more information from Apple about what products, and on what basis,
Apple intends to move for a preliminary injunction, Samsung cannot narrowly tailor its requests
for additional discovery necessary to defend against Apple’s motion. Accordingly, by
requesting the specific product samples, packaging and packaging inserts described above,
Samsung in no way waives its right to seek further discovery relevant to Samsung’s defense
against any potential preliminary injunction motion Apple may file in these proceedings.
Please let me know if Apple agrees to produce the requested disovery by June 13, 2011.

Sincerely,
/s/ Victoria F. Maroulis
Victoria F. Maroulis

02198.51855/4141620.1

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