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 7
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quinn emanuel

trial lawyers | silicon valley

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

WRITER'S INTERNET ADDRESS
[e-mail]

December 30, 2011
VIA E-MAIL
Jason Bartlett
Morrison & Foerster LLP
425 Market St.
San Francisco, CA 94105-2482
Re:

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

Dear Jason:
I write regarding certain documents identified during Sissie Twiggs' deposition. We have
received sixteen spreadsheets, Bates Nos. APLNDC0000035792-36079, that appear to be the
advertising spend spreadsheets Ms. Twiggs testified about during her deposition. (See, e.g.,
Twiggs Dep. Trans. ("Twiggs") 12:19-23; 26:14-27:3). Please confirm that Apple has produced
all similar spreadsheets documenting advertising spending for each year since 2006 for all
versions of the iPhone and iPad products or, if it has not, please confirm that Apple will
complete this production by no later than January 10, 2012.
We are still not able to locate all the documents about which Ms. Twiggs testified. Specifically,
we have not been able to locate, and request immediate production of:
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All media plans for all ads and ad campaigns regarding any version of the iPhone and iPad
products. (See, e.g., 27:10-21; 28:3 (general description of the document); 28:11-29: 4 and
114:11-18 REDACTED
)).

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quinn emanuel urquhart & sullivan, llp
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For the purposes of this letter, unless otherwise indicated, "iPhone" refers to all versions of the
iPhone, e.g., iPhone 2, iPhone 3, iPhone3S, and iPhone4, and "iPad" refers to both the iPad and
iPad2.
It is Samsung’s view that these documents should have been produced before Ms. Twigg’s
deposition, as they were, and remain, relevant to issues considered during the Court’s
Preliminary Injunction hearing. Further, Ms. Twigg’s testimony indicates these documents
contain highly relevant information required for Samsung’s case and defense, as well as
information speaking directly to damages. Samsung has been, and continues to be prejudiced
without this information. Samsung can no longer wait for Apple to decide if and when it will
produce these documents.
We have not been able to locate or identify any of the documents that are the subject of this
letter, but understand that Ms. Twiggs may not be the custodian of these documents. If this is the
case, please identify the custodian of each type of document. If Apple has produced the
documents, please identify the documents by Bates number. If Apple has not produced such
documents, please notify Samsung before the close of business tomorrow, when, prior to January
5, 2012, Apple is available to further meet and confer about this request. Absent a firm

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commitment to produce these documents by January 10, Samsung will include this request on
the January 5 lead counsel meet-and-confer.
Very Kind Regards,
/s/
Kenneth K. Suh

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