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

Filing 895

Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Apple Inc.s Motion For Adverse Inference Jury Instructions Due To Samsungs Spoliation Of Evidence, #2 Declaration of Esther Kim ISO Apple Inc.s Motion For Adverse Inference Jury Instructions Due To Samsungs Spoliation Of Evidence, #3 Exhibit 1, #4 Exhibit 32, #5 Exhibit 33, #6 Proposed Order Granting Apple Inc.s Motion For Adverse Inference Jury Instructions Due To Samsungs Spoliation Of Evidence, #7 Proposed Order Granting Apple's Administrative Motion to Seal Documents)(McElhinny, Harold) (Filed on 5/1/2012)

Exhibit 33

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Writer's Direct Contact

July l, 2011

415.268.7455

[e-mail]

Via E-Mail [e-mail] and US

Mail

Charles K. Verhoeven, Esq.
Quinn Emanuel Urquhart & Sulivan, LLP
50 California Street, 22ndFloor
SanFrancisco, CA 94105

Re:

Apple Inc. v. Samsung Elecs. Co., et al., Case No. 11-CV-01846-LHK (lt{.D. Cal.)

Dear Charlie:

As you know, Samsung is required to preserve evidence that might be relevant to the pending
lawsuits between Apple and Samsung (and its related entities). We write to confirm that
Samsung has taken steps to preserve such evidence and is, in fact, doing so.
Categories of evidence requiring preservation include documents concerning Samsung's
imitation of, copying of or benchmarking against Apple's products. Such evidence - and
similar evidence confirming that Samsung knew of, used, or referred to Apple's products,
designs, or intellectual property when developing its own products - would be highly
relevant to the pending actions.

Much of the relevant evidence in Samsung's possession may be electronic, such as electronic
Because electronic documents are easily deleted, modified, and comrpted, please take
the necessary steps to ensure that relevant electronic documents are not deleted or changed.

mail.

In recent litigation, Samsung has demonstrated its inability to preserve electronic evidence
even after litigation has begun. See, e.g., Mosaid Techs., Inc. v. Samsung Elecs. Co.,
348 F. Supp. 2d 332, 336,340 (D.N.J. 2004) (sanctioning Samsung and related entities for
destroying relevant electronic mail after lawsuit filed); Fractus, S.A. v. Samsung Elecs. Co.,
Case No. 09-cv-203 (E.D. Tex.) (trial transcript referring to Samsung's continued policy of
deleting electronic mail every two weeks, even after lawsuit frled).

sf-3014896

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Charles K. Verhoeven, Esq.
July l, 2011
Page

Two

In view of Samsung's prior difficulties with document preservation and, in the Mosaid case,
the court's finding that Samsung had lost or destroyed relevant evidence, we trust that
Samsung has undertaken measures to remedy these deficiencies.

Michael A. Jacobs

sf-3014896