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

Filing 965

Administrative Motion to File Under Seal Samsung's Motion to Enforce April 12, 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 Samsung's Motion to Enforce April 12, 2012 Order (Public Redacted Version), #2 Declaration of Diane C. Hutnyan In Support of Samsung's Motion to Enforce April 12, 2012 Order, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Proposed Order Granting Samsung's Motion to Enforce April 12, 2012 Order)(Maroulis, Victoria) (Filed on 5/22/2012)

EXHIBIT 11

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May 4, 2012
By Email ([e-mail])

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415.268.6024
[e-mail]

Diane Hutnyan
Quinn Emanuel
865 S. Figueroa Street, 10th Floor
Los Angeles, CA 90017
Re:

Apple v. Samsung, Case No. 11-cv-1846-LHK (PSG) (N.D. Cal.)

Dear Diane:
This letter responds to yours of March 3, 2012, regarding Apple’s compliance with Part B.2
of the Court’s April 12 Order.
Apple’s production of court documents from the eight cases is nearly complete, but it is not
yet complete. Below is a summary of status for each case.
Nokia Delaware: Complete.
Motorola Wisconsin (661 case): Complete.
HTC ITC: Complete.
HTC Delaware: Counsel for Apple in the HTC Delaware action is still awaiting
approval from Google as to four documents. Otherwise the production is complete.
Elan Northern District California: Counsel for Apple in the Elan N.D. Cal. action
has received notification from Elan that the following sealed docket entries do not
contain Elan CBI: 210, 236, 241, 247, 251, 252, 253, 254, 342, 358, 363, 372, and
375. Counsel for Apple in that action is in the process of reviewing those documents
to confirm that can now be released to us. We will produce the documents in those
13 docket entries as quickly as we can. From what we can tell from the docket sheet,
approximately 10 docket entries remain. Elan states that is has not yet decided
whether it will oppose any disclosure of Elan’s CBI in these remaining 10 docket
entries. Counsel for Apple in the Elan N.D. Cal. action have notified the one
nonparty, Cirque, whose CBI apparently was included in the sealed documents in the
Elan N.D. Cal. action. Cirque has not indicated its intent to object. Therefore, we are
just waiting on Elan.

sf-3141847

Diane Hutnyan
May 4, 2012
Page Two
Elan ITC: Counsel for Apple has received notification from Elan that it intends to
oppose Apple’s motion for permission to produce CBI from the ITC. In addition,
nonparties Lucent and Synaptics have not responded to a request for consent.
Counsel for Apple estimates that there are a total of 100 documents plus exhibits that
remain to be produced pending consent of Elan and these two nonparties.
Motorola Illinois: Counsel for Apple has recently received notification from
Motorola that it no longer objects to production of its CBI to all counsel of record for
Apple and Samsung in this case. All documents from the Motorola Illinois case for
which Apple has received permissions have already been produced. Counsel for
Apple estimates that there are 30-40 documents, plus related exhibits, that are still
awaiting nonparty consents before they can be released. The nonparties whose
consent will be necessary to release all of these documents are AT&T, Synaptic,
Broadcom, Microsoft, NYU, TED Conferences, Texas Instruments, Nokia Siemens
Networks, and Ericsson.
Motorola ITC: Weil is in the process of identifying whether there are additional
documents from the Motorola ITC 750 case it can now release, absent further
nonparty permissions, and if there are, we will produce as quickly as we can.
Counsel for Apple estimates that there are 20-25 documents, plus related exhibits,
that are still awaiting nonparty consents before they can be released. The nonparties
whose consent will be necessary to release all of these documents are Debbie
Coutant, Thomas Cronan, and University of Delaware.
We do not have an index showing each of the documents still affected by these CBI issues in
each of these cases. We cannot prepare one, because we are not privileged to see the
documents until consent to produce is obtained. With respect to the Elan ITC matter, the
docket sheet reflects what is being withheld—all documents that were filed confidentially as
opposed to publicly.
Sincerely,
/s/ Mia Mazza
Mia Mazza
cc:

S. Calvin Walden
Peter Kolovos

sf-3141847