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 13

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January 5, 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 in response to your January 3, 2012, letter regarding Samsung’s production of
technical documents. (Issues related to source code were addressed in a separate letter sent
earlier this evening.)
In your January 3 letter, Samsung states that Apple “must explain its asserted need for
documents showing the “evolution” of the entire operating system, every aspect of
Samsung’s touchscreens, and each application installed on the accused products.” Samsung
further states that Apple “must explain the relevance of updates made to product features that
are not accused in this action and/or updates initiated by parties other than Samsung.”
Finally, Samsung’s letter states that “Apple’s requests for all documents ‘referring or relating
to’ any ‘feature’ or ‘characteristic’ of the operating systems, touchscreens, and installed
applications are patently overbroad on their face.”
In an effort to expedite the production of these technical documents, which Apple needs
urgently to prepare for upcoming depositions, for the time being Apple is willing to narrow
its current requests for technical documents as follows. This is without prejudice to Apple’s
ability to make additional requests, depending on the sufficiency of Samsung’s actual
production:
Request for Production

Proposed narrowed request

All 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

Documents sufficient to show, for each
Product at Issue, which versions of the
operating system (including but not limited
to the Android operating system or
TouchWiz overlay) included the accused
functionality, and the dates during which

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Melissa N. Chan
January 5, 2012
Page Two

Request for Production

Proposed narrowed request

during which each version of operating
system was used. (RFP No. 225.)

each version of the operating system was
used. (RFP No. 225.)

All 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 sufficient to show, for each
Product at Issue, which updates to the
operating system (including but not limited
to the Android operating system or
TouchWiz overlay) included the accused
functionality, and the dates when such
updates were made available. (RFP No.
226.)

All 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.)

Documents sufficient to show, for each
Product at Issue, which features, operations,
characteristics of, or changes made to each
version of the operating system (including,
but not limited to, the Android operating
system or TouchWiz overlay) included the
accused functionality, including technical
specifications as well as instructions relating
to deployment, installation, maintenance, and
upgrade procedures. (RFP No. 227.)

All 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 at least the touch
sensor panels) of the Products at Issue,
including but not limited to the dates during
which each version was in use. (RFP No.
229.)

Documents sufficient to show, for each
Product at Issue, which versions of any
software, firmware, program(s) library(ies)
or other system used to control the
touchscreens (including at least the touch
sensor panels) included the accused
functionality, and the dates during which
each such version was in use. (RFP No.
229.)

All 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

Documents sufficient to show, for each
Product at Issue, which updates to any
software, firmware, program(s), library(ies)
or other system used to control the touch
screens (including at least the touch sensor
panels) included the accused functionality,
and the dates when such updates were made

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Melissa N. Chan
January 5, 2012
Page Three

Request for Production

Proposed narrowed request

updates were made available. (RFP No. 230) available. (RFP No. 230.)
All 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 sufficient to show, for each
Product at Issue, which 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) included the
accused functionality, including technical
specifications as well as instructions relating
to deployment, installation, maintenance, and
upgrade procedures. (RFP No. 231.)

All 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 sufficient to show, for each
Product at Issue, which versions of each
Samsung application installed in the Products
at Issue included the accused functionality,
and the dates during which each such version
was in use. (RFP No. 233.)

All 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 sufficient to show, for each
Product at Issue, which updates to each
Samsung application included the accused
functionality, and the dates when such
updates were made available. (RFP No.
234.)

All 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 sufficient to show, for each
Product at Issue, which features, operations,
characteristics of, or changes made to each
version of any Samsung application of the
Products at Issue included the accused
functionality, including, but not limited to,
those relating to deployment, installation,
maintenance, and upgrade procedures. (RFP
No. 235.)

All Documents showing the arrangement and

Documents sufficient to show the

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Melissa N. Chan
January 5, 2012
Page Four

Request for Production

Proposed narrowed request

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.)

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.)

All 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.)

Documents sufficient to show 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.)

All 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.)

All 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 (unchanged).)

Apple proposes that Samsung satisfy Request for Production No. 240 by producing the
following:
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.
All requests for quotations relating to the touchscreens, touchscreen controllers, and
touch screen components in each Samsung Product at Issue.
All qualification documentation for the touchscreens, touchscreen controllers, and
touch screen components in each Samsung Product at Issue, including internal
qualification documentation and vendor qualification documentation, specifications

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Melissa N. Chan
January 5, 2012
Page Five
used to qualify both first- and third-party supplied parts and components, and quality
control criteria used for manufacturing.
All Bills of Materials and design drawings relating to the Samsung Products at Issue
provided to or received from vendors or suppliers.
All functional testing results and testing criteria relating to the touch screens, touch
sensor controllers, and touch screen components in the Samsung Products at Issue,
including documents pertaining to prototypes and pre-production touch screens, touch
sensor controllers, and touch screen components.
All testing data related to the shielding of traces of conductive material in the
Samsung Products at Issue.
Specifications, schematics, flow charts, artwork, 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.
Should Samsung believe that any of these categories of documents – particularly those
requesting documents “sufficient to show” – are burdensome, Apple is willing to consider
stipulations to minimize the alleged burden (e.g., that all versions of certain software worked
identically with respect to the accused functionality).
We look forward to discussing this narrowed scope of production of technical documents
with you at Thursday’s lead counsel meeting.
Sincerely,
/s/ Mia Mazza
Mia Mazza
cc:

Samuel Maselli
S. Calvin Walden
Peter Kolovos

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