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

Filing 825

OPPOSITION to ( #782 Administrative Motion to File Under Seal re Samsung's Motion Compel Production Materials From Related Proceedings and to Enforce 12/22/11 Court Order ) filed byApple Inc.. (Attachments: #1 Nathan Sabri Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Proposed Order)(Jacobs, Michael) (Filed on 3/21/2012) Modified text on 3/22/2012 (dhm, COURT STAFF).

Exhibit 8

quinn emanuel

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February 19, 2012
VIA ELECTRONIC MAIL
Mia Mazza, Esq.
Morrison & Foerster
425 Market Street
San Francisco, CA 94105-2482
Re:

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

Dear Mia,
I am writing to again request that Apple produce relevant materials from other related lawsuits
and actions that bear a technological nexus to the instant litigation. In my letter of February 13, I
identified 15 such cases. At the Lead Counsel Meet and Confer on February 14 and 15, Apple
represented that it would tell Samsung by Friday, February 17 from which of these cases it was
willing to produce materials. Samsung has not yet received any correspondence providing this
information. Accordingly, Samsung will assume that Apple has agreed to produce all relevant
materials from these 15 cases.
That said, Samsung understands that the case records for some of these actions contain the
confidential business information of other entities, namely Google, Amtel, HTC, Motorola and
Nokia. Samsung has been in contact with each of these entities to resolve this issue and thus
provides the following guidelines to Apple in making this production:
Google does not object to sharing any of its confidential business information contained in court
papers in Apple's prior Android-related actions against HTC or Motorola, on the condition that
all the documents are produced with the HIGHLY CONFIDENTIAL – ATTORNEY'S EYES
ONLY designation. Also, Google's consent is limited to technical materials, such as those
regarding validity and infringement issues, and does not extend to any documents concerning
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purely business information such as agreements with OEMs. Please produce all relevant
materials immediately, making any redactions still required by Google (although as a practical
matter the technical information we have requested – such as claim construction briefing,
technical expert reports and declarations, and deposition transcripts – is unlikely to contain pure
business information).
Atmel consents to disclosure of Atmel's confidential business information disclosed in the
Motorola investigations, on the condition that all the documents are produced with the HIGHLY
CONFIDENTIAL – ATTORNEY'S EYES ONLY designation. Please produce all relevant
materials immediately.
Motorola will not consent to the disclosure of its confidential business information. Therefore,
please redact all Motorola confidential business information from the materials Apple will
produce from the 15 identified actions and produce it.
We will update you as to the status of our negotiations with Nokia and HTC, which we hope to
conclude soon.
Of course, Apple should immediately produce full, unredacted materials from any of the 15 cases
that contain no confidential business information.
Additionally, under the Court's December 22, 2011 order Apple has been compelled to produce
all deposition transcripts from cases with a technological nexus to the instant litigation by
January 15. Over a month later, Apple has admitted it has not fully complied. Samsung
therefore requests that all such transcripts be produced without further delay. Please produce
them immediately and confirm that you have done so, including identifying them by bates
number within Apple’s production.
Kind regards,
/s/ Diane C. Hutnyan
Diane C. Hutnyan