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

Filing 637

Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Wheeler Declaration ISO Motion to Seal, #2 Proposed Order ISO Motion to Seal, #3 Bartlett Declaration ISO Opposition to Motion to Enforce, #4 Ex A to Bartlett Decl, #5 Ex B to Bartlett Decl, #6 Ex C to Bartlett Decl, #7 Ex D to Bartlett Decl, #8 Ex E to Bartlett Decl, #9 Ex F to Bartlett Decl, #10 Ex G to Bartlett Decl, #11 Ex H to Bartlett Decl, #12 Ex I to Bartlett Decl, #13 Ex J to Bartlett Decl, #14 Ex K to Bartlett Decl, #15 Opposition to Motion to Enforce, #16 Maselli Decl ISO Opposition to Motion to Compel, #17 Ex A Maselli Decl, #18 Ex B Maselli Decl, #19 Ex C Maselli Decl, #20 Ex D Maselli Decl, #21 Ex E Maselli Decl, #22 Opposition to Motion to Compel, #23 Mazza Declaration ISO Opposition to Motion for Clarification, #24 Ex A Mazza Decl, #25 Ex B Mazza Decl, #26 Ex C Mazza Decl)(Jacobs, Michael) (Filed on 1/17/2012)

Exhibit C

From:
To:
cc:
Subject:
Date:

Kolovos, Peter
Diane Hutnyan; Scott Hall; Rachel Herrick Kassabian; Melissa Chan;
Maselli, Samuel; Walden, S. Calvin; "Mazza, Mia"; "AppleMoFo"; Kolovos, Peter;
RE: Apple v. Samsung: Discovery Correspondence - Source Code, "Samsung", Survey, and Financial Documents
Tuesday, January 03, 2012 2:53:58 PM

Diane,
I write regarding your request, as set forth in your January 2, 2012 letter, that we make source code for the
Apple accused products available for inspection.
On December 6, 2011, we informed you that Apple was "currently prepared" to produce source code for the
Apple accused products. See Sam Maselli Dec. 6, 2011 E-mail to Melissa Chan ("Apple is currently prepared to
produce the following responsive source code in accordance with the terms of the Interim Protective Order.").
You are wrong to assert that Apple "failed to produce these materials for inspection or provide a firm date for
their production" or that Apple has "intentionally withheld" source code. Apple did not inform Samsung that it
was "preparing" to produce code on some date in the future, but instead stated that it was "currently prepared"
to do so, which should have signified that Apple was prepared, at that time (and at all times since), to produce
the code for inspection. For whatever reasons, Samsung chose not to accept Apple's prior invitation to inspect
that source code.
We are still prepared to produce the source code outlined in Sam Maselli's December 6, 2011 e-mail. In your
letter, you ask to start the inspection by January 10, 2012. Samsung may begin its inspection at any time (during
regular business hours, or at times agreed-upon by the parties) on or before that date at WilmerHale's Palo Alto
offices. Apple's code has been available for inspection for weeks, it is thus obviously available now, and will be
available on January 10, if that is the date Samsung chooses to begin its inspection. Please let us know when
Samsung would like to begin conducting its inspection, and who will be attending the inspection.
-- Peter

From: Scott Hall [mailto:[e-mail]]
Sent: Monday, January 02, 2012 1:09 PM
To: 'Mazza, Mia'; 'AppleMoFo'
Cc: Rachel Herrick Kassabian; Diane Hutnyan; Maselli, Samuel; Kolovos, Peter; Walden, S. Calvin
Subject: Apple v. Samsung: Discovery Correspondence - Source Code, "Samsung", Survey, and Financial
Documents

Mia,
Please see the attached correspondence.
Thanks,
Scott Hall
Associate,

Quinn Emanuel Urquhart & Sullivan, LLP
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