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

Filing 903

Apples Status Update Regarding Compliance With April 12 Order by Apple Inc.. (Bartlett, Jason) (Filed on 5/7/2012) Modified text on 5/8/2012 (dhm, COURT STAFF).

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE INC., a California corporation,
Plaintiff,

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v.

Case No.

11-cv-01846-LHK (PSG)

APPLE’S STATUS UPDATE
REGARDING COMPLIANCE
WITH APRIL 12 ORDER

SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a New York
corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC, a
Delaware limited liability company,

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Defendants.
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APPLE’S STATUS UPDATE REGARDING COMPLIANCE WITH APRIL 12 ORDER
CASE NO. 11-CV-01846-LHK (PSG)
sf-3142580

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Mindful of the Court’s recent comment that parties should bring production problems to

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the court’s attention “as soon as practicable” [Dkt. No. 898 at 6], Apple respectfully submits this

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status update on its compliance with the April 12, 2012 Order [Dkt No. 867] pertaining to

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production of court documents from other litigation.

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On April 26, as discussed in Apple’s Administrative Motion for Clarification [Dkt. No.

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885], Apple filed a motion with the ITC seeking permission to produce documents that are

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subject to ITC protective orders. On May 7, the Office of Unfair Import Investigations opposed

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Apple’s motion. A copy of the OUII’s opposition is attached as Exhibit 1. The OUII “recognizes

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that Apple is ‘between a rock and a hard place’” (Exhibit 1 at 2) and agrees that the ITC directs

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Apple not to produce documents that the April 12 Order directs Apple to produce (Id. at 4), but

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concludes that Apple should not be permitted to produce the documents. (Id. at 5.)

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The status of Apple’s production of court documents pursuant to the April 12 Order is as
follows:

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•

Nokia Corp. v. Apple Inc., 09-cv-791 (D.Del.): Complete.

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•

Apple Inc. v. Motorola Inc., 10-cv-00661 (W.D. Wis.): Complete.

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•

In re Certain Portable Elec. Devices, 337-TA-797 (ITC) (“HTC ITC”): Complete.

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•

Apple Inc. v. High Tech Computer Corp., 10-cv-00167 (D. Del.): Complete,

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except for four documents still awaiting approval from Google.
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Elan Microelecs. Corp. v. Apple Inc., 09-cv-01531 (N.D. Cal.): Elan has approved

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production of 13 of the 23 docket entries previously in dispute. Counsel for Apple

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in that action is reviewing to confirm no additional consents are required prior to

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production. Elan has not yet decided whether it will oppose production of Elan

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confidential information in the 10 docket entries that remain in dispute.

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•

In re Certain Electronic Devices with Multi-Touch Enabled Touchpads and

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Touchscreens, 337-TA-714 (ITC) (“Elan ITC”): Counsel for Apple has received

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notification from Elan that it intends to oppose Apple’s motion for permission to

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produce CBI from the ITC. In addition, nonparties Lucent and Synaptics have not

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responded to a request for consent. Counsel for Apple estimates that there are
APPLE’S STATUS UPDATE REGARDING COMPLIANCE WITH APRIL 12 ORDER
CASE NO. 11-CV-01846-LHK (PSG)
sf-3142580

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approximately 100 documents, plus exhibits, that remain to be produced pending

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consent of Elan and these two nonparties.

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Apple Inc. v. Motorola Inc., 10-cv-00662 (W.D. Wis.), transferred from N.D. Ill.

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(“Motorola Illinois”): Motorola has withdrawn its objection to production of

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documents. All documents from the Motorola Illinois case for which Apple has

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received permissions have already been produced. Counsel for Apple estimates

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that there are 30-40 docket entries, plus related exhibits, that are still awaiting

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nonparty consents before they can be released. The nonparties whose consent will

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be necessary to release all of these documents are AT&T, Synaptics, Broadcom,

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Microsoft, NYU, TED Conferences, Texas Instruments, Nokia Siemens Networks,

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and Ericsson.

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In re Certain Mobile Devices and Related Software, 337-TA-750 (ITC)

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(“Motorola ITC”): Counsel for Apple estimates that there are 20-25 documents,

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plus related exhibits, that are still awaiting nonparty consents before they can be

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released. The nonparties whose consent will be necessary to release all of these

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documents are Debbie Coutant, Thomas Cronan, and University of Delaware.

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Dated: May 7, 2012

MORRISON & FOERSTER LLP

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By:

/s/ Jason R. Bartlett
Jason R. Bartlett
Attorneys for Plaintiff
APPLE INC.

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APPLE’S STATUS UPDATE REGARDING COMPLIANCE WITH APRIL 12 ORDER
CASE NO. 11-CV-01846-LHK (PSG)
sf-3142580

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