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 G

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December 19, 2011

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Via E-Mail ([e-mail])
Diane Hutnyan
Quinn Emanuel
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
Re:

Apple Inc. v. Samsung Elecs. Co. et al. Case No. 11-cv-1846 LHK (N.D. Cal.)
CONFIDENTIAL—Subject to Protective Order

Dear Diane:
This letter concerns Samsung’s production of documents evidencing Samsung’s U.S. and
worldwide revenue, unit sales and selling price for the accused products (smartphones and
tablets). Although Apple has had document requests relating to these subjects outstanding
since August 3, 2011, there has been virtually no production of these documents or
information. Given that such information is kept and is easily available to Samsung in the
ordinary course of business and is unquestionably relevant to disputed issues, there is no
excuse for any further delay.
Samsung should immediately produce documents that establish:
Samsung’s U.S. and worldwide revenues for the accused products (1) per
smartphone or tablet (2) per carrier (3) per quarter.
Samsung’s U.S. and worldwide unit sales for the accused products (1) per
smartphone or tablet (2) per carrier (3) per quarter.
Samsung’s U.S. and worldwide average selling price for the accused products (1)
per smartphone or tablet (2) per carrier (3) per quarter.

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Diane Hutnyan
December 19, 2011
Page Two

All figures provided should tie to Samsung’s general ledger, should include any carrier
subsidies, rebates or payments, and should be provided in U.S. dollars (including any
currency conversions used). To the extent that Samsung contends that any form of damages
will include less than a full quarter for any product, Samsung must provide these figures on a
monthly basis for that product and the specific quarter (or monthly for all products and
periods). All figures should be provided from the date the product was first available in the
U.S. or worldwide.
These documents are responsive to at least the following requests: RFPs 34, 41-42, 44, and
47; see also RFPs 260-267 and 461-462. They do not fall within the “reciprocality
categories” in Exhibits A and B. As specified in Wes Overson’s November 22, 2011, letter
to Rachel Kassabian, Apple does not view this category of documents as lending itself well
to the parties’ current process of negotiating reciprocal production agreements.
Please be prepared to discuss this issue during Wednesday’s meet-and-confer call, and to
provide a date certain within the near future when the above-listed documents and
information will be produced.
Best regards,
/s/ Mia Mazza
Mia Mazza
cc:

Samuel Maselli
Peter J. Kolovos
S. Calvin Walden

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