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

Filing 700

MOTION to Compel Apple to Respond to Samsung's Requests for Admission filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. Motion Hearing set for 3/6/2012 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 2/14/2012. Replies due by 2/21/2012. (Attachments: #1 Declaration of Scott Hall, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order)(Maroulis, Victoria) (Filed on 1/31/2012)

EXHIBIT A

quinn emanuel trial lawyers | los angeles
865 South Figueroa Street, 10th Floor, Los Angeles, California 90017-2543 | TEL: [phone] FAX: [phone]

January 7, 2012

Mia Mazza
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 Mia:
I write regarding Apple’s improper objections and non-responses to Samsung’s Requests for
Admission Nos. 101 to 190. Apple has refused to admit or deny any of these requests, instead
objecting to each of these requests by stating that “this request . . . is [] being used to compel an
admission of a conclusion of law . . . .”
Apple’s refusal to provide substantive answers is without legal or factual merit. Requests for
admissions may ask for “the application of law to fact,” Fed. R. Civ. P. 36(a)(1)(A), and “are not
objectionable even if they require opinions or conclusions of law, as long as the legal
conclusions relate to the facts of the case.” Ransom v. U.S., 8 Cl. Ct. 646, 647 (Cl. Ct. 1985).
Because the overall similarity of the designs claimed in these design patents is plainly a fact of
this case, see Braun, Inc. v. Dynamics Corp. of America, 975 F.2d 815, 819-21 (Fed. Cir. 1992),
these Requests therefore permissibly ask for the application of law to fact.
By 5:00 p.m. on January 9, 2012, please either confirm that Apple will withdraw its improper
objections and properly respond to Samsung’s Requests for Admission Nos. 101 to 190 or let us
know when Apple will be available to meet and confer on this issue.
quinn emanuel urquhart & sullivan, llp
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Kind regards,
/s/
Diane C. Hutnyan

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