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

Filing 691

MOTION to Permit Samsung's Expert Samuel Lucente to Review Materials Designated Under the Protective Order filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. Motion Hearing set for 2/7/2012 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 2/3/2012. Replies due by 2/6/2012. (Attachments: #1 Declaration of Albert P. Bedecarre, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Proposed Order)(Maroulis, Victoria) (Filed on 1/30/2012)

EXHIBIT L

quinn emanuel

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January 28, 2012
VIA ELECTRONIC MAIL
Mia Mazza
Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105-2482
Re:

Apple, Inc. v. Samsung Elecs. Co., et al., No. 11-cv-1846-LHK (N.D. Cal.)

Dear Mia:
I write in response to Marc Pernick’s letter of January 27, 2012 regarding Samsung’s disclosed
experts Samuel Lucente and Robert Anders. Thank you for informing us that Apple has
withdrawn any objection to Dr. Anders under the protective order.
Unfortunately, Apple’s basis for continuing its objection to Mr. Lucente remains wholly
unexplained because the only information provided thus far is that Mr. Lucente has a pending
patent application for a graphical user interface he invented in the 1990s. That is not a
cognizable basis to object to Mr. Lucente’s ability to review confidential Apple materials in
connection with his expert work in this case. Moreover, while you have implied that some
restriction of his access is necessary, you have not provided Samsung with any understanding as
to how you would propose to do so.
Because Apple is maintaining its meritless objection to Mr. Lucente, and because lead counsel
meet and confer was completed on this issue during the parties’ January 5 and 16, 2012 lead
counsel meet and confers, Samsung will be proceeding with motion practice on Monday. Please

quinn emanuel urquhart & sullivan, llp
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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Mia Mazza
January 28, 2012
notify us by noon on Monday, January 30 if we have misunderstood Apple’s position in either of
these respects.
Otherwise, please note that we would like this issue to be heard on shortened time and hereby
request that Apple stipulate to the following schedule:
Samsung will file its motion on Monday, January 30
Apple will file its opposition on Thursday, February 2
Hearing before Magistrate Judge Grewal will be set for Tuesday, February 7 at 1:30 p.m.
Please inform us of your willingness to stipulate to this schedule by noon on Monday, January
30, 2012.
Very truly yours,
/s/ Rachel Herrick Kassabian
Rachel Herrick Kassabian
RHK
02198.51855/4574883.1

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