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

Filing 614

Declaration of Harold J. McElhinny in Support of Apple's Motion to Compel Production of Documents and Things filed byApple Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Jacobs, Michael) (Filed on 1/11/2012)

Exhibit D

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January 3, 2012

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Via E-Mail ([e-mail])
Diane Hutnyan
Quinn Emanuel
865 S. Figueroa St., 10th Floor
Los Angeles, CA 90017
Re:

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

Dear Diane:
As a follow-up to our discussion at the last meet-and-confer regarding documents related to
trademark and trade dress issues, Apple requests that Samsung substantially complete, by
January 23, 2012, its production of documents in the following categories:
E-mails and documents from designers, developers, anyone else responsible for or
involved in the design, development or marketing of Samsung’s Products at Issue
(including but not limited to individuals responsible for or involved in consumer
surveys, R&D, management, and product planning), and counsel (if not privileged)
discussing actual consumer confusion or the possibility of consumer confusion
between the parties’ Products at Issue or the source, sponsorship, or affiliation of the
parties’ Products at Issue.1
Trademark, trade dress, and design patent search reports relating to any element of
Apple’s asserted trade dress or asserted trademarks, including prior art searches.
Documents discussing or assessing the design of Apple’s Products at Issue, including
the distinctiveness or lack of distinctiveness thereof or the similarity of design
between any of the parties’ products, from the files of designers, developers, anyone
else responsible for or involved in the design, development or marketing of
Samsung’s Products at Issue (including but not limited individuals responsible for or
involved in consumer surveys, R&D, management, and product planning), and
counsel (if not privileged).

1

For purposes of this letter, Samsung “Products at Issue” includes all Galaxy phone and tablet products and all
products identified in Apple’s Amended Complaint. Apple “Products at Issue” includes all iPhone, iPod
Touch, and iPad products.

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Diane Hutnyan
January 3, 2012
Page Two
For inspection, all physical samples of Apple’s Products at Issue in Samsung’s
possession (excluding products purchased for litigation or products personally owned
by its employees).
Documents sufficient to show the identity and title of individuals who developed the
external hardware design and the GUI design for each of Samsung’s Products at Issue
(including the design of the icons used in the GUI).
E-mails and documents from designers, developers, engineers, and others (including
but not limited to CAD drawings, sketchbooks/notebooks, models/mockups, and
Adobe Illustrator or other computer files) relating to the design and development of
all GUI designs for each of Samsung’s Products at Issue, including but not limited to
the design and development of TouchWiz, the icons and icon arrangement(s) used in
each Samsung Product at Issue, and all alternative GUI designs considered or used by
Samsung.
E-mails and documents from designers, developers, engineers, and others relating to
the feasibility of all GUI designs considered (including ease of manufacturing, cost
savings, enhanced usability and technological challenges).
E-mails and documents from designers, developers, engineers and others relating to
the design and development of all external hardware designs—including design
alternatives and redesigns and the feasibility (including ease of manufacturing, cost
savings, enhanced usability and technological challenges) of the designs
considered—for all smartphone and tablet computer products offered for sale by
Samsung.
E-mails and documents from designers, developers, engineers and others relating to
the design and development of the earphone or speaker slot design for all mobile
phone products offered for sale by Samsung—including design alternatives and
redesigns and the feasibility (including ease of manufacturing, cost savings, enhanced
usability and technological challenges) of the designs considered.
Designer meeting minutes, notes of design meetings, specifications or requirements
communicated to the designers, project management reports, and reports to
executives relating to the external hardware design or the GUI for all smartphones or
tablet computers offered for sale by Samsung.
Three samples of each Samsung Product at Issue, including user and service manuals
and all other end user documentation relating to the intended use or operation of the
products at issue

sf-3089338

Diane Hutnyan
January 3, 2012
Page Three
Documents sufficient to show all model numbers, code names, or other internal
designations used to refer to each of Samsung’s Products at Issue.
We note that most of these are categories that Apple has already offered to produce
reciprocally.
Apple requests that Samsung substantially complete its production of these documents by
January 23, 2012. Apple further requests that Samsung participate in a working meet-andconfer 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 J. Kolovos

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