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).

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EXHIBIT 9 755 PAGE MILL ROAD PALO ALTO CALIFORNIA 94304-1018 TELEPHONE: 650.813.5600 FACSIMILE: 650.494.0792 WWW.MOFO.COM February 5, 2012 MORRISON & FOERSTER LLP NEW YORK, SAN FRANCISCO, LOS ANGELES, PALO ALTO, SACRAMENTO, SAN DIEGO, DENVER, NORTHERN VIRGINIA, WASHINGTON, D.C. TOKYO, LONDON, BRUSSELS, BEIJING, SHANGHAI, HONG KONG Writer’s Direct Contact 650.813.5718 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

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