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

Filing 801

Administrative Motion to File Under Seal filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd.(a Korean corporation), Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit Public Redaction Version of Samsung's Opposition, #4 Declaration Gordon Dec ISO Samsung's Opposition, #5 Exhibit Exhibit 1 to Gordon's Dec, #6 Exhibit Exhibit 2 to Gordon's Dec, #7 Exhibit Exhibit 3 to Gordon's Dec, #8 Exhibit Exhibit 4 to Gordon's Dec, #9 Declaration Martin Dec ISO Samsung's Opposition, #10 Exhibit Exhibit 1 to Martin's Dec, #11 Exhibit Exhibit 10 to Martin's Dec, #12 Exhibit Exhibit 11 to Martin's Dec, #13 Exhibit Exhibit 12 to Martin's Dec, #14 Exhibit Exhibit 13 to Martin's Dec, #15 Declaration Price's Dec ISO Samsung's Opposition, #16 Exhibit Exhibit 2 to Price's Dec, #17 Exhibit Exhibit 5 to Price's Dec, #18 Exhibit Exhibit 6 to Price's Dec, #19 Exhibit Exhibit 8 to Price's Dec, #20 Exhibit Exhibit 11 to Price's Dec, #21 Exhibit Exhibit 13 to Price's Dec, #22 Declaration Sheppard's Dec ISO Samsung's Opposition, #23 Certificate/Proof of Service)(Maroulis, Victoria) (Filed on 3/13/2012)

EXHIBIT 11

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January 2, 2012

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Via E-Mail ([e-mail])
Melissa N. Chan
Quinn Emanuel
55 Twin Dolphin Dr., 5th Floor
Redwood Shores, CA 94065
Re:

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

Dear Melissa:
We write as a follow-up to our November 9, November 28, and December 6, 2011, letters,
your December 2, 2011, letter, and the Court’s December 22, 2011, Order, regarding
Samsung’s production of source code and other relevant technical documents.
Our November 9 and November 28, 2011, letters outlined a list of source code and other
technical documents requested by Apple and identified them as responsive to Apple’s RFP
Nos. 11-12 and 223-250 and its PI RFP Nos. 200-203. On December 6, 2011, I sent a letter
identifying a narrowed subset of source code and technical documentation that Apple would
accept on an expedited basis. Apple then moved to compel production of that subset of
documents.
As part of Samsung’s opposition to Apple’s motion to compel, Samsung noted that its
responses to Apple’s RFPs 223-250 had just been provided on November 30 and argued that
the parties had not yet met and conferred regarding those requests.
The Court’s December 22 Order granted Apple’s motion with respect to “source code and
technical documents requested by Apple’s motion,” requiring Samsung to produce them by
December 31, 2011. With respect to “technical documents” requested in RFP Nos. 193, 22629, 230-35, 240, and 243-45, the Court denied Apple’s motion without prejudice to Apple’s
re-raising the issues after additional meet-and-confer.
A. Categories of Source Code and Related Technical Documents Samsung Was Required
to Produce by December 31, 2011 under the December 22 Order
To avoid confusion or unnecessary further disputes, Apple expects Samsung to have
produced by December 31 at least the following categories of source code and related
technical documents under the December 22 Order, as outlined in Apple’s Proposed Order:

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Melissa N. Chan
January 2, 2012
Page Two
1. Source code and necessary configuration files in any Samsung product at issue
relating to the display and operation of a user interface status bar or a notification in a
status bar.
2. Source code and necessary configuration files in any Samsung product at issue
relating to the “rubber-banding” functionality, which allows for an image, list,
webpage or document to be scrolled beyond its edge until it is partially displayed,
then allows for that document to scroll or bounce back into place. This includes any
source code related to the “android.widget.OverScroller” class included in Android
API Level 9, as well as equivalent source code or instructions in other versions of
Android implemented onto the Samsung Products at Issue.
3. Source code and necessary configuration files in any Samsung product at issue
relating to pop-up windows, including the timed display thereof.
4. Source code and necessary configuration files in any Samsung product at issue
relating to scrolling and scaling.
5. Source code and necessary configuration files in any Samsung product at issue
relating to scroll lock
6. Source code and necessary configuration files for the following software: TouchWiz,
Browser, Camera, Contacts, Gallery, PDF Viewer, ThinkFree Mobile Office, Memo,
and Maps applications, at least to the extent that the source code for these
applications calls or is called by code included in Paragraphs 1 through 5 and 7
through 10.
7. Touch screen-related source code and documents, including: (i) source code and
necessary configuration files for the touch sensor controllers in any Samsung product
at issue; and (ii) documents sufficient to show and to understand design,
specifications and manufacturing tolerances for the touch screens, touch sensor
controllers, and touch screen components in the Samsung Products at Issue, including
but not limited to specifications, schematics, flow charts, formulas, or other
documentation showing the design and operation of the touch screens, touch sensor
controllers, and touch screen components or of other accused features.
8. Source code and necessary configuration files in any Samsung product at issue
relating to the generation or display of windows (or views), including code called by
application programs to control windows (or views) or what they display.

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Melissa N. Chan
January 2, 2012
Page Three
9. Source code and necessary configuration files in any Samsung product at issue
relating to interprocess communication, including code for generating, registering for,
listening for, or otherwise processing messages or events.
10. Source code and necessary configuration files in any Samsung product at issue
relating to processing, at any level of the software stack, single- or multi-point touch
screen contacts, including code that detects, interprets (e.g., by interpreting as a
gesture), or distinguishes between tapping, dragging, flicking/flinging,
pinching/depinching, rotation, or other touch screen contacts.
11. The above 10 categories of source code should be organized according to, among
other things, Android version. If any of the source code above includes or uses any
libraries, database systems, or similar files, Samsung shall produce those documents
and information regarding their configuration and use.
Apple acknowledges that there may be certain “technical documents” within these categories
for which production may be deferred pending further meet and confer, as outlined in
Section B below. All source code, however, and all related technical documents not listed in
Section B, were required to be produced on December 31, 2011.
B. Categories of Technical Documents Requiring Further Meet and Confer
Footnote 2 of the December 22 Order requires the parties to meet and confer further
regarding Samsung’s production of the following technical documents:
Documents showing, for each Product at Issue, the evolution and version history of
the operating system (including but not limited to the Android operating system
and/or platform) used in that Product at Issue, including, but not limited to, the dates
during which each version of operating system was used. (RFP No. 225.)
Documents identifying, for each Product at Issue, any updates to the operating system
(including, but not limited to, the Android operating system and/or platform) used in
the Product at Issue, including, but not limited to, the date(s) when such updates were
made available. (RFP No. 226.)
Documents referring or relating to the features, operations, characteristics of, or
changes made to each version of the operating system (including, but not limited to,
the Android operating system and/or platform) used in each Product at Issue,
including technical specifications as well as instructions relating to deployment,
installation, maintenance, and upgrade procedures. (RFP No. 227.)

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Melissa N. Chan
January 2, 2012
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Documents showing, for each Product at Issue, the evolution and version history of
any software, firmware, program(s), library(ies) or other system used to control the
touch screens (including the display and touch sensor panels) of the Products at Issue,
including but not limited to the dates during which each version was in use. (RFP
No. 299.)
Documents identifying, for each Product at Issue, any update to any software,
firmware, program(s), library(ies) or other system used to control the touch screens
(including the display and touch sensor panels) of the Products at Issue, including,
but not limited to, the date(s) when such updates were made available. (RFP No.
230)
Documents referring or relating to the features, operations, characteristics of, or
changes made to each version of the any software, firmware, program(s), library(ies)
or other system used to control the touch screens (including the display and touch
sensor panels) of the Products at Issue, including technical specifications as well as
instructions relating to deployment, installation, maintenance, and upgrade
procedures. (RFP No. 231.)
Documents showing, for each Product at Issue, the evolution and version history of
each Samsung application installed in the Products at Issue, including but not limited
to the dates during which each version of each application was installed, and the
identity of each product in which the application was installed. (RFP No. 233.)
Documents identifying, for each Product at Issue, any updates to each Samsung
application installed in the Products at Issue, including, but not limited to, the date(s)
when such updates were made available. (RFP No. 234.)
Documents referring or relating to the features, operations, characteristics of, or
changes made to each version of any Samsung application installed in the Products at
Issue, including, but not limited to, those relating to deployment, installation,
maintenance, and upgrade procedures. (RFP No. 235.)
Documents concerning the design, manufacture, specifications and operation of the
touch screens (including the display and touch sensor panels) on the Products at
Issue. (RFP No. 240.)
Documents showing the arrangement and specification of traces, conductive lines,
conductive layers, glass, dielectrics, substrates, adhesives, and other elements used to
construct the touch screens (including the display and touch sensor panels) of the
Products at Issue. (RFP No. 243.)

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Melissa N. Chan
January 2, 2012
Page Five
Documents concerning the design, manufacture, specification and operation of any
monitoring circuitry, integrated circuit, chip, controller or module used to operate the
touch screens (including the display and touch sensor panels) of the Products at Issue.
(RFP No. 244.)
Data sheets concerning the touch screens (including the display and touch sensor
panels) on the Products at Issue or any monitoring circuitry, integrated circuit, chip,
controller or module used to operate said touch screens. (RFP No. 245.)
Apple requests that Samsung agree to substantially complete its production of technical
documents in these 13 additional categories by January 23, 2012, and requests that Samsung
agree to participate in a working meet-and-confer call on Wednesday, January 4, 2012, to
discuss Samsung’s willingness to produce this scope of documents on that time frame. If the
parties cannot reach a mutually satisfactory resolution on Wednesday, then this issue will be
placed on the agenda for the January 5, 2012, lead counsel meet and confer call.
Sincerely,
/s/ Mia Mazza
Mia Mazza
cc:

Samuel Maselli
S. Calvin Walden
Peter Kolovos

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