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 7

425 MARKET STREET
SAN FRANCISCO
CALIFORNIA 94105-2482
U.S.A.

MO RRI SO N & F O E RST E R L LP

TELEPHONE: [phone]
FACSIMILE: 415.268.7522

T O K YO , L O N D O N , BR U SSE L S,
BE I JI N G , SH AN G H AI , H O N G K O N G

N E W YO RK , SAN F RAN C I SCO ,
L O S A N G E L E S, P A L O A L T O ,
SAC RAME N T O , SAN D I E G O ,
D E N VE R, N O RT H E RN VI RG I N I A,
WASH I N G T O N , D .C.

WWW.MOFO.COM

April 22, 2012

Writer’s Direct Contact
415.268.6024
[e-mail]

By Email ([e-mail])
Diane Hutnyan
Quinn Emanuel
865 S. Figueroa St., 10th Floor
Los Angeles, California 90017
Re:

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

Dear Diane:
This letter is regarding Apple’s compliance with Part B.2 of the Court’s April 12, 2012,
Order. We have provided separate communication regarding Part B.1, and we will provide
separate communication regarding Part A.
Apple is gathering, processing, and producing on a rolling basis all nonconfidential court
documents from the eight cases identified by Samsung in its moving papers, as follows:
Certain Portable Electronic Devices and Related Software (Apple v. HTC), ITC Inv.
No. 337-TA-797
Apple v. HTC, et al., CA. No. 10-167-GMS (D. Del.)
Certain Electronic Devices with Multi-Touch Enabled Touchpad and Touchscreens
(Elan Microelectronics Corp. v. Apple), ITC Inv. No. 337-TA-714
Elan Microelectronics Corp. v. Apple, Inc., 09-cv-01531 (N.D. Cal.)
Nokia v. Apple, 09-cv-00791 (D. Del.).
Certain Mobile Devices And Related Software (Apple v. Motorola), ITC Inv. No.
337-TA-750
Apple Inc. v. Motorola Inc. et al., 10-cv-00661 (W.D. Wis.)
Apple Inc. v. Motorola Inc. et al., 11-cv-08540 (D. Ill.) (formerly Apple Inc. v.
Motorola Inc. et al., 10-cv-00662 (W.D. Wis.))

sf-3136339

Diane Hutnyan
April 22, 2012
Page Two
Regarding nonpublic materials containing the Confidential Business Information of parties
other than Apple, the problem of third party Confidential Business Information remains a
barrier to production despite the April 12 Order. We have reviewed the Protective Orders
entered in each of those cases and investigations, and will forward them to you under
separate cover. It does not appear that these orders authorize Apple to disclose other parties’
(or nonparties’) Confidential Business Information pursuant to an order issued in another
case (or, in the case of ITC proceedings, another court). Rather, even if an order is issued
directing the production of a third party’s protected information, the third party must
authorize the production.
The April 12 Order was based in part upon Samsung’s representation that “it has secured
consent from four of the five third-parties whose materials may be disclosed.” As you well
know, however, the Confidential Business Information of more than five third parties is
included in the nonpublic court documents filed in the above eight cases. Please
immediately identify in writing every party (i.e., HTC, Nokia, Motorola, and Elan) and
nonparty (e.g., Google) that has provided blanket authorization for Samsung to receive
their confidential business information. Please also immediately forward to us those
parties’ and nonparties’ written authorization.
To facilitate moving forward on producing these nonpublic materials as quickly as possible,
we enclose docket sheets for the eight matters at issue. Please identify in writing, no later
than 9 a.m. on Tuesday, April 24, each nonpublic item in each case that Samsung
wishes to receive under Part B.2 of the April 12 Order. We urge Samsung to exercise
discretion and reasonableness in making these identifications.
As soon as Apple receives Samsung’s selections, counsel for Apple will review the requested
items to determine whether any of them contain the Confidential Business Information of
any party or nonparty that has not provided written blanket authorization for Samsung to
receive its CBI. Apple will advise Samsung of those parties, and Samsung may then proceed
as it wishes toward obtaining their necessary authorization.
Sincerely,
/s/ Mia Mazza
Mia Mazza
Encls.
cc:

S. Calvin Walden
Peter Kolovos

sf-3136339