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

Filing 730

Declaration of Marc J. Pernick in Support of #729 Opposition/Response to Motion, CORRECTION OF DOCKET #728 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) #729 ) (Hung, Richard) (Filed on 2/13/2012)

EXHIBIT 13

quinn emanuel

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February 12, 2012
CONFIDENTIAL
VIA E-MAIL
Mia Mazza
Morrison & Foerster
425 Market Street
San Francisco, CA 94105-2482
[phone]
Re:

Apple v. Samsung, No. 11-cv-1846 (ND Cal)

Dear Mia:
As we previously informed Apple, Samsung’s design expert Samuel Lucente has a
pending patent application in Europe for the same graphic user interface invention that he created
in the 1990’s. The counterpart United States patent issued in 2003, as disclosed in his
curriculum vitae. The European application was filed over ten years ago in January of 2002.
The last substantive action by Mr. Lucente was nearly 20 months ago in the form of a June 2010
response to an EPO office action. On February 1, 2012, Mr. Lucente requested a decision on the
file and indicated that he would put forward no additional arguments in the application
proceedings. Given the EPO’s last office action in December 2009, and its more recent
December 2011 request for hearing, it is highly likely that the patent application will be rejected
without any additional argument.
Samsung believes this should more than satisfy any legitimate concerns Apple may have
that Mr. Lucente will somehow misuse Apple’s confidential information in the prosecution of
this pending patent application. Nevertheless, Samsung understands it is a high priority of both
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Mia Mazza
Feb. 12, 2012
parties to protect their confidential information, so Samsung further proposes that in exchange
for Apple withdrawing its objections to Mr. Lucente, Samsung’s outside counsel will agree not
to show Mr. Lucente any documents or materials related to Apple’s graphical user interface
utility patents or technologies, such as source code. Indeed, Mr. Lucente is a design expert and
will not be opining on those issues, so it was never Samsung’s or Mr. Lucente’s intention for him
to receive technical materials.
Please confirm by Monday, February 13, that Apple will withdraw its objections to
Mr. Lucente on the above stated grounds. If not, please identify what specific and legitimate
concerns Apple still has regarding Mr. Lucente’s access to design-related materials and what
specific limitations Apple believes are necessary to resolve this concern so that the issue can be
addressed appropriately at the lead counsel meet and confer on Tuesday.
Sincerely,
/s/ Albert P. Bedecarré
Albert P. Bedecarré

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