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

Filing 728

*** FILED IN ERROR. REFER TO DOCUMENT #730 . *** Declaration of Marc J. Pernick in Support of #727 Reply to Opposition/Response, 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)(Related document(s) #727 ) (Hung, Richard) (Filed on 2/13/2012) Modified on 2/14/2012 (feriab, COURT STAFF).

EXHIBIT 9

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February 5, 2012

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Via E-Mail
Rachel Herrick Kassabian
Quinn Emanuel
555 Twin Dolphin Drive, Fifth Floor
Redwood Shores, CA 94065
Re:

Apple v. Samsung, Case No. 11-cv-1846-LHK (N.D. Cal.)

Dear Rachel:
I wanted to follow up on the correspondence we have had regarding Mr. Lucente, and the
discussions held last week during the hearing with Judge Grewal.
In particular, given that Mr. Lucente still owns his interest in the pending patent application
that is in his name, we are interested in understanding how it is that Mr. Lucente can comply
with the prosecution bar set forth in Paragraph 6(b) of the Protective Order. It is our
understanding that Mr. Lucente’s company is very small, and––if he is not involved in the
prosecution of his pending application––we wanted to know how Mr. Lucente and Samsung
expect that the prosecution will proceed. For example, are there measures that Mr. Lucente
has taken to ensure that he will be able to comply with the prosecution bar? It remains
unclear to us how this would work.
We look forward to discussing this with you. I can be available for a phone call or we can
discuss it tomorrow live.
Sincerely,
/s/ Marc J. Pernick
Marc J. Pernick

pa-1510398