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

Filing 922

Administrative Motion to File Under Seal Samsung's Motion for Clarification Regarding the COurt's May 4, 2012 Order filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Declaration of Joby Martin In Support of Samsung's Motion to File Documents Under Seal, #2 Exhibit Samsung's Motion For Clarification Regarding the Court's May 4, 2012 Order (Redacted), #3 Declaration of Mark TUng In Support of Samsung's Motion for Clarification (Redacted), #4 Exhibit 1 to the Tung Declaration, #5 Exhibit 2 to the Tung Declaration, #6 Exhibit 3 to the Tung Declaration, #7 Exhibit 4 to the Tung Declaration, #8 Exhibit 5 to the Tung Declaration, #9 Exhibit 6 to the Tung Declaration, #10 Exhibit 7 to the Tung Declaration, #11 Exhibit 8 to the Tung Declaration, #12 Exhibit 9 to the Tung Declaration, #13 Exhibit 10 to the Tung Declaration, #14 Exhibit 11 to the Tung Declaration, #15 Exhibit 12 to the Tung Declaration, #16 Exhibit 13 to the Tung Declaration, #17 Exhibit 14 to the Tung Declaration, #18 Exhibit 15 to the Tung Declaration, #19 Exhibit 16 to the Tung Declaration, #20 Exhibit 17 to the Tung Declaration, #21 Exhibit 18 to the Tung Declaration, #22 Proposed Order Granting Samsung's Administrative Motion to FIle Documents Under Seal)(Maroulis, Victoria) (Filed on 5/15/2012)

EXHIBIT 12

quinn emanuel

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May 6, 2012
VIA E-MAIL
Mia Mazza
Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105
Re:

Apple v. Samsung, Case No. 11-cv-01846 (LHK) (N.D. Cal.)

Dear Mia:
I write in response to your May 2, 2012 letter responding to my April 22, 2012
letter requesting an inspection of the Samsung products discussed by Dr. Balakrishnan in
his opening expert report (“’381 Products”).
Given that expert discovery has already been completed and the upcoming
summary judgment deadline of May 17, 2012, the chart containing the information
(Android and application version numbers) that you have offered in your letter is wholly
insufficient. Federal Rule 26(a)(2)(B)(ii) requires that Apple disclose the facts or data
considered by Dr. Balakrishnan in forming his opinion. As he did not rely on your
referenced chart to form the opinions offered in his opening report, this chart will not
obviate Apple’s duty to make the actual ’381 Products available for inspection.
Samsung originally requested the opportunity to inspect these products on April
22, 2012. Apple has had two weeks to produce them and has failed to do so. The chart
that you offered to produce “during the second week of May” will be late in coming and
an insufficient resolution to Samsung’s request. Please produce the specific ’381
Products for inspection by May 9, 2012 or Samsung will be forced to file a motion to
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strike portions of Dr. Balakrishnan’s opening report for failure to discuss facts and data.
Regards,
/s/ Ketan V. Patel
Ketan V. Patel

02198.51855/4738381.1

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