Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
603
EXHIBITS re #602 Administrative Motion to File Under Seal re Samsung's January 10, 2012 Filings Exhibit 1 - [Proposed] Public Redacted Version of Samsung's Motion to Compel filed bySamsung Electronics Co. Ltd.(a Korean corporation). (Attachments: #1 Exhibit Hutnyan Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit BB, #30 Exhibit CC, #31 Proposed Order)(Related document(s) #602 ) (Maroulis, Victoria) (Filed on 1/11/2012)
EXHIBIT I
quinn emanuel
trial lawyers | los angeles
865 South Figueroa Street, 10th Floor, Los Angeles, California 90017-2543 | TEL: (213) 443-3000 FAX: (213) 443-3100
December 16, 2011
VIA E-MAIL
Jason Bartlett
Mia Mazza
Morrison & Foerster LLP
425 Market St.
San Francisco, CA 94105-2482
Re:
Apple v. Samsung Electronics, et al., No. 5:11-cv-01846-LHK (N.D. Cal.)
Dear Jason and Mia:
I write in regard to certain deficiencies in Apple's production. Local Patent Rule 3-2(a) obligates
Apple to produce prior art relevant to any asserted patent, but Apple has failed to produce or
make available for inspection, any source code, functional exemplars, or documents regarding
products designed, produced, and/or commercialized by NeXT Computer, Inc. (a.k.a. NeXT
Software, Inc., and NeXT, Inc), or its subsidiaries. Samsung is aware that Apple is in possession
of, or has control over, these documents. Please produce, or make available for inspection:
(1) a fully operational exemplar of NeXTcube and NeXTstation workstation computers running
the NeXTSTEP Operating System, versions 3.0 and 3.1;
(2) fully operational and installable copy of the executable software for NeXTSTEPOperating
System, version 3.0 and 3.1, and source code for the same;
(3) all documents describing the function or operation of the NeXTSTEP Operating System,
versions 3.0 and 3.1, including, but not exclusive to technical documents, user guides, manuals,
quinn emanuel urquhart & sullivan, llp
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design documents, development documents, use cases, functional diagrams, and marketing
documents;
(4) documents sufficient to identify all persons involved in the design and coding of the
NeXTSTEP application dock, the icon bar on the right side of the NeXTSTEP Operating System,
versions 3.0 and 3.1; and
(5) all documents and things relating to the NeXTSTEP application dock,
NeXTcube,NeXTstation, all versions of the NeXTSTEP Operating System, NeXT Computer,
Inc., (a.k.a. NeXT Software, Inc., or NeXT, Inc.) or subsidiaries of NeXT Computer, Inc.,
produced to Motorola in Apple, Inc. v. Motorola, Inc., Case No. 10-CV-662, Western District of
Wisconsin.
These documents are highly relevant to the ’002 patent and under the Local Patent Rules, Apple
is obligated to produce them or make them available for inspection. Additionally, Apple remains
obligated to produce these documents in response to Requests 233-39 of Samsung's Third Set of
Requests for Production, served on Apple October 5, 2011. Apple's objections and responses to
these requests, received November 7, 2011, provided no legitimate basis for withholding these
documents—a significant portion of these documents were identified, collected, and produced or
made available for inspection in recent litigation.
We have not been able to locate documents like the ones described above, provided by Apple.
Samsung requests that Apple immediately produce or make available for inspection documents
and source code regarding NeXT, as described above.
Kind regards,
/s/
Diane C. Hutnyan
2
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