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

Filing 613

Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Apple's Motion to Compel Production of Documents and Things, #2 Mazza Declaration ISO Apple's Motion to Compel, #3 Ex A to Mazza Decl, #4 Ex B to Mazza Decl, #5 Ex C to Mazza Decl, #6 Ex D to Mazza Decl, #7 Ex E to Mazza Decl, #8 Ex F to Mazza Decl, #9 Ex G to Mazza Decl, #10 Ex H to Mazza Decl, #11 Ex I to Mazza Decl, #12 Ex J to Mazza Decl, #13 Ex K to Mazza Decl, #14 Ex L to Mazza Decl, #15 Ex M to Mazza Decl, #16 Ex N to Mazza Decl, #17 Proposed Order)(Jacobs, Michael) (Filed on 1/11/2012) Modified on 6/8/2012 (ofr, COURT STAFF).

Exhibit M

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January 3, 2012

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Via E-Mail ([e-mail])
Rachel Herrick Kassabian
Quinn Emanuel
55 Twin Dolphin Dr., 5th Floor
Redwood Shores, CA 94065
Re:

Apple v. Samsung, Case No. 11-cv-1846-LHK (PSG) (N.D. Cal.)

Dear Rachel:
We write as a follow-up to our November 29, 2011 letter, and your January 2, 2012,
response, regarding Samsung’s blue glow functionality. As noted in our November 29 letter,
Samsung appears to have incorporated a blue glow functionality into its products in an
apparent attempt to design around certain Apple patents, including the ’381 patent asserted in
this action.
As stated in our November 29 letter, we have not found any documents regarding this blue
glow functionality in Samsung’s production thus far. We raised this issue in the parties’ last
meet-and-confer discussion and Samsung was unable to provide any information regarding
its search for documents regarding the blue glow design-around.
In your January 2 letter, you state that, “[t]o date, “Samsung has located no responsive, nonprivileged documents” regarding Samsung’s blue glow functionality. We trust Samsung is
not suggesting that Apple has failed to request these documents in its written discovery.
Apple has requested production of all information regarding Samsung’s design-around
attempts, including:
Documents sufficient to identify and show in detail each design around, allegedly
non-infringing alternative manufacturing process, and/or alternative technology or
method that can be used as an alternative to the patented technology of each of the
Utility Patents at Issue.
All Documents concerning each design around, and/or allegedly non-infringing
alternative design that can be used as an alternative to the Design Patents at Issue.
All Documents relating to each change Samsung made, is now making, or will make
to the Products at Issue in response to Apple's allegations in this lawsuit.

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Rachel Herrick Kassabian
January 3, 2012
Page Two
All Documents relating to Samsung’s analyses, actions, plans or attempts to exercise
due care to avoid infringing the Patents at Issue.
All Communications with Google or any other third party regarding design arounds
for the Patents at Issue.
(See Requests for Production Nos. 20, 197-199 and 452.) These requests for production
encompass all documents regarding the blue glow functionality, including various categories
of non-privileged documents such as documents regarding the implementation of this
functionality and communications with third parties regarding this feature.
If Samsung has failed to locate any documents regarding this blue glow functionality it can
only be because it has not made a good-faith effort to look for them. That is unacceptable,
especially at this point in the discovery process.
Apple requests that Samsung produce all responsive documents regarding its blue glow
functionality and all other documents relating to or referencing design-arounds and noninfringing alternative designs to those used in Samsung’s products at issue, by January 23,
2012.
Apple further requests that Samsung agree to participate in a working meet-and-confer call
on Wednesday, January 4, 2012, to discuss Samsung’s willingness to produce this scope of
documents on that time frame. If the parties cannot reach a mutually satisfactory resolution
on Wednesday, then this issue will be placed on the agenda for the January 5, 2012, lead
counsel meeting.
Sincerely,
/s/ Mia Mazza
Mia Mazza
cc:

Samuel Maselli
S. Calvin Walden
Peter Kolovos

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