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 H

quinn emanuel

trial lawyers | silicon valley

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January 20, 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 your January 17, 2012 letter concerning Apple’s objection to Samsung’s
disclosed expert Samuel Lucente.” As an excuse for raising this issue so long after his
December 13, 2011 disclosure (and after Samsung already satisfied Apple’s initial objections),
you claim that Mr. Lucente’s ownership interest in two U.S. patents “only recently surfaced.” In
truth, U.S. Patent No. 6,583,800 is expressly listed on the curriculum vitae we provided with Mr.
Lucente’s disclosure more than a month ago -- and U.S. Patent No. 7,559,039 is a continuation in
part to the 6,583,800 patent, as clearly stated on its face.
We are at a loss as to why Apple believes it is entitled to the information requested in your letter,
because it is irrelevant to the question of Mr. Lucente’s disclosure under the protective order.
In order to conclude this issue and get beyond Apple’s serial objections, however, Mr. Lucente
confirms that he maintains his ownership interest, and he has not assigned any part of his interest
to any third party. There are two foreign counterparts, Japanese Patent No. 4878714 and Chinese
Patent No. 1192312 C, and there is a pending European Patent Office application.

quinn emanuel urquhart & sullivan, llp
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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Mia Mazza
January 20, 2012

Please advise me immediately whether Apple will withdraw its baseless objection to Mr. Lucente
under the protective order.
Very truly yours,
/s/ Rachel Herrick Kassabian
Rachel Herrick Kassabian
RHK

02198.51855/4557054.1

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