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 3

quinn emanuel

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May 3, 2012
VIA ELECTRONIC MAIL
Mia Mazza, Esq.
Morrison & Foerster LLP
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 in response to the portion of your April 30 letter demanding identification of the
deponents allowed Samsung by Magistrate Judge Grewal's April 12 Discovery Order.
On April 12, Judge Koh required the parties to narrow the issues significantly in anticipation for
trial. Because Apple has not meaningfully narrowed its claims to date, the Court ordered the
parties to conduct additional claim-reduction by Monday. The parties’ lead counsel is meeting
today to further this process. It would, therefore, be premature for Samsung to designate
additional deponents. Apple should not force Samsung to blindly proceed with the additional
depositions on claims and issues that Apple will end up dropping on Monday.
That said, we are working through the more than 200 transcripts Apple withheld since January
15 and should be able to identify the Apple deponents within a reasonable period of time after
Apple has sufficiently narrowed its claims. If Apple refuses to cooperate in providing our
requested witnesses after May 10, should that be necessary, we will show the Court how Apple's
latest violation and refusal to cooperate has worked to compound the substantial prejudice the
Court already determined Apple had caused Samsung by violating the December 22 order.

quinn emanuel urquhart & sullivan, llp
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Kind regards,
/s/ Diane C. Hutnyan
Diane C. Hutnyan

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