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

Filing 892

OPPOSITION to ( #885 ADMINISTRATIVE MOTION For Clarification Of April 12 Order ) filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Proposed Order)(Maroulis, Victoria) (Filed on 4/30/2012) Modified text on 5/1/2012 (dhm, COURT STAFF).

EXHIBIT A

quinn emanuel

trial lawyers | los angeles

865 South Figueroa Street, 10th Floor, Los Angeles, California 90017-2543 | TEL: [phone] FAX: [phone]

February 3, 2012

Mia Mazza
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 write regarding Apple's deficient production of documents, including but not limited to
deposition transcripts, expert reports and declarations, and claim construction briefs, from
proceedings involving the patents-in-suit and related patents.
For example, Apple has asserted the '381, '129, and '915 patents against HTC in 337-TA-797, yet
Apple has produced from this action only the deposition transcript of Scott Herz. Apple has
failed to produce, inter alia, any other deposition transcripts, any expert claim construction
reports, and the claim construction briefs of either party. Apple has also failed to produce any
documents from its action against HTC in Delaware (Apple, Inc. v. High Tech Computers, 10-cv00167).
These matters directly involve the patents-in-suit, but Apple has similarly failed to produce any
documents from actions involving patents related to the patents-in-suit.
All of these materials should have produced months ago in response to Samsung's Request for
Production No. 75:
quinn emanuel urquhart & sullivan, llp
NEW YORK |

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SAN FRANCISCO |

REQUEST FOR PRODUCTION NO. 75:
All DOCUMENTS relating to any lawsuit, administrative proceeding, or other
proceeding involving any of the APPLE ACCUSED PRODUCTS, APPLE IP, or
patents related to the APPLE PATENTS-IN-SUIT, including, without limitation,
any pleading, paper, motion, affidavit, declaration, report, decision, or order, for
cases to include, without limitation, C11-80169 MISC JF (HRL) (N.D. Cal.), 337TA-794 (ITC), 1:2010cv23580 (S.D. Fla.), 1:2010cv06385 (N.D. Ill.),
1:2010cv06381 (N.D. Ill.), 337-TA-745 (ITC), 1:2010cv00166 (D. Del.),
1:2010cv00167 (D. Del.), 337-TA-724 (ITC), 3:2010cv00249 (W.D. Wisc.), and
337-TA-701 (ITC).
Further, Apple's failure to produce deposition transcripts from these actions is in direct violation
of the Court's Order to Apple to produce by January 15, 2012 "all responsive transcripts" of
Apple witnesses bearing a "technological nexus" to the patents-in-suit. (Dkt. 536 at 5).
Please produce immediately all relevant documents from Apple's other actions involving the
patents-in-suit and any related patents. If Apple has already produced any of these documents,
please identify where they are by Bates number. If Apple will not produce all of these
documents by Sunday, February 5, please let us know why and propose some kind of reasonable,
prompt and final resolution to the issue. If we cannot reach agreement by Sunday, we will put
this on our February 6 lead counsel meet-and-confer agenda.
Kind regards,
/s/
Diane C. Hutnyan

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