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)

Download PDF
Exhibit 10 quinn emanuel trial lawyers | silicon valley 555 Twin Dolphin Drive, 5th Floor, Redwood Shores, California 94065-2139 | TEL: (650) 801-5000 FAX: (650) 801-5100 WRITER'S DIRECT DIAL NO. (650) 801-5022 WRITER'S INTERNET ADDRESS victoriamaroulis@quinnemanuel.com May 16, 2011 VIA E-MAIL Jason R. Bartlett, Esq. Morrison and Foerster LLP 425 Market Street San Francisco, CA 94105 JasonBartlett@mofo.com 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 1 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 LOS ANGELES | 865 South Figueroa Street, 10th Floor, Los Angeles, California 90017-2543 | TEL (213) 443-3000 FAX (213) 443-3100 NEW YORK | 51 Madison Avenue, 22nd Floor, New York, New York 10010-1601 | TEL (212) 849-7000 FAX (212) 849-7100 SAN FRANCISCO | 50 California Street, 22nd Floor, San Francisco, California 94111-4788 | TEL (415) 875-6600 FAX (415) 875-6700 CHICAGO | 500 W. Madison Street, Suite 2450, Chicago, Illinois 60661-2510 | TEL (312) 705-7400 FAX (312) 705-7401 LONDON | 16 Old Bailey, London EC4M 7EG, United Kingdom | TEL +44(0) 20 7653 2000 FAX +44(0) 20 7653 2100 TOKYO | NBF Hibiya Bldg., 25F, 1-1-7, Uchisaiwai-cho, Chiyoda-ku, Tokyo 100-0011, Japan | TEL +81 3 5510 1711 FAX +81 3 5510 1712 MANNHEIM | Erzbergerstraße 5, 68165 Mannheim, Germany | TEL +49(0) 621 43298 6000 FAX +49(0) 621 43298 6100 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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?