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

Filing 648

Declaration of Cyndi Wheeler in Support of #602 Administrative Motion to File Under Seal re Samsung's January 10, 2012 Filings filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Proposed Order)(Related document(s) #602 ) (Hung, Richard) (Filed on 1/18/2012)

EXHIBIT 10
REDACTED VERSION

quinn emanuel

trial lawyers | silicon valley

555 Twin Dolphin Drive, 5th Floor, Redwood Shores, California 94065-2139 | TEL: [phone] FAX: [phone]

December 30, 2011
VIA E-MAIL
Mia Mazza
Morrison & Foerster
425 Market Street
San Francisco, CA 94105-2482
Re:

Apple v. Samsung Electronics, et al., No. 5:11-cv-01846-LHK (N.D.Cal.)

Dear Mia:
I write regarding your letter of December 24, 2011, wherein you describe additional search terms
run by Apple on certain Industrial Design inventor documents and specify certain date range
cutoffs being applied to documents and things produced from Apple’s Industrial Design
department.
Additional Search Terms
Your December 24 letter represents that Apple has added, run, and will produce relevant
documents responsive to all the search terms proposed for Apple’s Industrial Design inventor
documents in Marissa Ducca’s November 29, 2011 letter, with certain exceptions, for which you
proposed revised, delimited terms. Samsung has reviewed its original search term suggestions in
light of the proposed delimited terms provided in your December 24 letter and hereby proposes
certain revised search terms in the right-hand column of the chart below to address Apple’s
concerns as to terms that may return a large number of false hits.

quinn emanuel urquhart & sullivan, llp
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MOSCOW | Voentorg Building, 3rd Floor, 10 Vozdvizhenka Street, Moscow 125009, Russia | TEL [phone] FAX [phone]

538-8100

Term Suggested by Samsung

Delimited Term

corner or radius

corner within 25 of radius

balanc*

balanc* within 10 of (design or
border)

thin or light

thin within 10 of light

concept

concept within 10 of design

target

none — no basis for relevance

mask

mask and glass and (tablet or
display or screen or edge or
perimeter)

look or feel

look within 10 of feel

simpl*

simpl* within 10 of design

minimal*

minimal* within 10 of design

Speaker or slot

speaker within 25 of slot

Samsung’s Response
corner* within 25 of (radi* or
sharp or round*)
balanc* within 25 of (feel or look
or design or border or
impression)
(thin* or light* or thick*) within
25 of (design or form or factor or
profile or phone)
concept within 10 of (design or
iPhone or iPad or REDACTED
or
phone or screen)

Specific concepts to search: pond
or puddle or oily
target within 25 (audience or
customer or user or purchaser)
mask
Please provide examples of false
hits if Apple claims this term is
overly burdensome
Apple’s proposed search is
sufficient
simpl* within 10 of (design or
form or factor or appearance or
impression or phone)
minimal* within 10 of (design or
form or factor or appearance or
impression or phone)
(speaker or “ear piece”) within
25 (slot or opening or location or
shape)
bezel and (iPhone or iPad or RE
DA

bezel and (iPhone or iPad or REDA
CTED

bezel
chamfer

button
tablet

chamfer within 25 of (bezel or rim
or receiver)

button within 10 of (home or menu
or volume or hold)
Apple provided no response on this
term

or phone or screen or glass)
Apple’s proposed search is ED
sufficient
button within 10 of (home or
menu or volume or hold or
locat* or recess* or concave or
circ* or quiet or calm or lent*)
tablet

I note that during the November 30, 2011 Meet and Confer, Samsung requested that Apple add
the search term “tablet” to its searches. Apple indicated that it would do this for all its hardware
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design inventors, so that term has been added to this chart. Additionally, Apple confirmed in
that same meeting that Samsung’s proposed searches would be applied to the documents of Steve
Jobs. Please confirm that this is being done.
With regard to Samsung’s requested search terms to be added to Apple’s searches of the
documents of Messrs. Chaudhri and Anzures, Samsung proposes revised search terms in the
right-hand column of the chart below in response to the proposed delimited terms provided in
your December 24 letter.

grid

grid within 20 of icon

array

array within 20 of icon

columns

columns within 20 of icon

message within 20 of (icon or
metaphor)

none — no basis for relevance

dock

dock within 10 of (icon or
bottom or row)

status within 5 of bar

none – no basis for relevance

springboard

springboard within 10 of (icon or
GUI or interface)

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grid within 20 of (icon* or
pattern* or layout or display or
align* or line* or springboard or
row)
array within 20 of (icon* or
pattern* or layout or display or
align* or line* or grid or
springboard or row)
column* within 20 of (icon* or
pattern* or layout or display or
align* or line* or grid or
springboard or row)
message within 20 of (icon or
metaphor)
These terms are relevant to the
text message (or instant
message) icon depicted in the
patented designs, as well as the
trademark for the messaging
icon.
dock within 20 of (icon* or
bottom or row or phone or
homescreen or springboard or
place* or arrang* or config* or
layout or transparen* or thumb
or convenien* or locat*)
status within 5 of bar
These terms are relevant to the
status bar at the top of the
homescreen, which is depicted in
the UI design patents.
springboard within 20 of (phone
or iphone or icon* or GUI or UI
or interface or design or patent*
or grid or column* or look or
dock or dots or intuitive or
function* or intent* or easy or
convenien* or thumb or

target

none — no basis for relevance

navigate or unique or novel or
wada)
target within 25 (audience or
user or customer or purchaser)

I note that the use of the asterisk (“*”) in Samsung’s revised searches at the end of word roots is
intended to capture all terms containing the specified root. Please confirm that Apple’s searches
of terms including an asterisk at the end of the word root sufficiently capture all terms with
variable endings to the specified root. For example, a search for “simpl*” should not only
capture documents containing the words “simple” and “simply,” but also documents with the
word “simplistic.” If this is not the case, please adjust and re-run your searches accordingly to
capture such documents. This comment applies to all Samsung’s proposed search terms,
including the many Apple has not objected to.
Because the issue of these revised design inventor searches has now been going on for several
weeks, including lengthy discussions during several meet and confers, please confirm by January
2, 2012 that Apple will run Samsung’s proposed, revised search terms and produce responsive
documents by no later than January 9, 2012. If Apple cannot commit to a substantially complete
production of these documents by that date, Samsung will add this item to the lead counsel meetand-confer agenda.
Date Cutoffs for Review of Design Inventor Documents
Your December 24 letter states that while Apple has applied a lower-range cutoff date of January
1, 2002 for searches of Industrial Design inventor electronic documents, Apple has only
collected and scanned Industrial Design sketchbooks dated on or after January 1, 2003. The
Court's December 22, 2011 order specifying that Apple "shall produce re-scanned inventor
sketchbooks with all pages and date references intact on a rolling basis and no later than
December 31, 2011" did not contain such a date restriction. Further, Apple provides no
reasonable basis for applying different cutoff dates for sketchbooks as opposed to other
Industrial Design inventor documents other than to summarily state that Apple has no "belief"
that relevant documents are likely to exist in any sketchbooks prior to January 2003. Apple’s
unsupported belief on this issue, however, is not a sufficient basis for failing to conduct an
adequate search for relevant sketchbook portions, much less to defy a Court order.
Please confirm immediately that Apple's production of design inventor sketchbooks will include
at least all those dated on or after January 1, 2002. If we do not receive this written confirmation
by January 2, 2012, we will place this issue on the agenda for the lead counsel meet-and-confer.
Regards,
/s/
Scott C. Hall

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