Apple Inc. v. Samsung Electronics Co. Ltd. et al
Declaration of Cyndi Wheeler in Support of #934 Administrative Motion to File Under Seal Re Samsungs Motion To Strike Expert Testimony filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Declaration Of Mark D. Selwyn In Support Of Samsungs Administrative Motion To File Documents Under Seal Re Samsungs Motion To Strike Expert Testimony, #14 Selwyn Decl. Ex. 1, #15 Selwyn Decl. Ex. 2, #16 Proposed Order [Proposed] Order Granting Samsungs Administrative Motion To File Documents Under Seal Re Samsungs Motion To Strike Expert Testimony)(Related document(s) #934 ) (Bartlett, Jason) (Filed on 5/24/2012)
FILED UNDER SEAL
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WRITER'S DIRECT DIAL NO.
WRITER'S INTERNET ADDRESS
March 2, 2012
VIA ELECTRONIC MAIL
Mia Mazza, Esq.
Morrison & Foerster
425 Market Street
San Francisco, CA 94105-2482
Apple v. Samsung Elecs. Co. et al., Case No. 11-cv-1846 LHK (N.D. Cal.)
I write regarding Apple’s deficient production of basic financial documents relevant to the costs
and profitability of the products Apple has put at issue in this suit.
First, it does not appear that Apple has produced documents reflecting the costs attributable to
development, production and marketing of each model of the iPhone, iPad and iPod Touch.
Please produce documents sufficient to show, in dollars, and on a department by department
basis, (1) the amount Apple budgeted for and spent on personnel, equipment, supplies or other
needs for each department of or group within Apple involved in the design development of these
products, including but not limited to the Industrial Design Group, the Product Design Group,
the Hardware Engineering Group, the Software Engineering Group, the Marketing Group, the
Merchandising Group and the Product Management Group; (2) the amount Apple budgeted for
and spent on the manufacturing and production of these products; and (3) the amount Apple
spent on advertising and marketing for these products, worldwide, on a monthly or quarterly
basis since those products have been introduced.
These documents are responsive to Samsung’s RFPs 30, 133 and 190, which respectively seek:
quinn emanuel urquhart & sullivan, llp
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“All DOCUMENTS concerning sales forecasts, budgets, expenses, costs, and
profitability of the APPLE ACCUSED PRODUCTS,”
“All DOCUMENTS and COMMUNICATIONS concerning business plans, strategic
plans, studies, budgets, forecasts, meetings or presentations related to any of the APPLE
PATENTS-IN-SUIT or to the licensing of any other intellectual property rights held by
“All advertising plans, media spending reports, return on investment reports concerning
(1) advertisements, (2) consumer research regarding advertisements, and (3) the identity
of all third parties Apple has use to design, generate, review, or disseminate
advertisements for the iPhone, iPad, and iPod touch.”
All these documents should have been produced long ago. Please produce them by March 6,
2012. If Apple has already produced any materials responsive to these requests, please identify
them by Bates numbers by March 6, 2012. If Apple does not produce these materials, or identify
them in its production, Samsung will place these issues on the agenda for the upcoming lead
counsel meet and confer.
/s/ Diane C. Hutnyan
Diane C. Hutnyan
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