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

Filing 105

Declaration of Michael L. Fazio in Support of #103 Opposition/Response to Motion, #104 Opposition/Response to Motion, filed bySamsung Electronics America, Inc., Samsung Electronics Co., Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Exhibit A to Fazio Decl., #2 Exhibit B to Fazio Decl., #3 Exhibit C to Fazio Decl., #4 Exhibit D to Fazio Decl., #5 Exhibit E to Fazio Decl., #6 Exhibit F to Fazio Decl., #7 Exhibit G to Fazio Decl., #8 Exhibit H to Fazio Decl., #9 Exhibit I to Fazio Decl., #10 Exhibit J to Fazio Decl., #11 Exhibit K to Fazio Decl., #12 Exhibit L to Fazio Decl., #13 Exhibit M to Fazio Decl.)(Related document(s) #103 , #104 ) (Shields, Patrick) (Filed on 4/18/2012)

EXHIBIT H

quinn emanuel

trial lawyers | los angeles

865 South Figueroa Street, 10th Floor, Los Angeles, California 90017-2543 | TEL: [phone] FAX: [phone]

April 11, 2012
Via E-Mail
Mark Lyon
Gibson Dunn & Crutcher, LLP
1881 Page Mill Road
Palo Alto, California 94304
Re:

Apple v. Samsung Elecs. Co. et al, Case No 12-cv-630

Dear Counsel:
I write in advance of the parties' continued meet and confer today regarding Samsung's
Responses and Objections to Apple's First Set of Preliminary Injunction Requests for Production.
In a good faith effort to meet and confer, Samsung agrees to supplement its prior responses to
produce responsive non-privileged documents to Apple's Request for Production Nos. 4, 7, 27,
28, 29, 31, 36, 37, 38, 39, 40, 41 and 89.
With respect to Apple's Request for Production Nos. 9-13, though Samsung has made clear on
numerous occasions that it does not have the source code for Galaxy Nexus, Apple contends that
these requests also seek "any other instructions utilized by or implemented on the Samsung
Galaxy Nexus." See April 6, 2012 Letter from Buroker to Fazio at 3. If Apple can clarify what
it means by "any other instructions" then Samsung will consider producing documents
responsive to these five requests.
Additionally, with respect to Apple's Request for Production Nos. 32, to the extent that this
request extends to Samsung's expert witnesses who will provide declarations in support of
Samsung's forthcoming Opposition Brief, Samsung will produce documents relied upon by those
experts. Samsung notes that this "relied upon" limitation is consistent with the Protective Order
applied on an interim basis in this case. See Protective Order, ¶ 20.
quinn emanuel urquhart & sullivan, llp
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Similarly, as to Apple's Request for Production No. 84, Samsung will produce documents relied
upon by Samsung's experts in connection with Samsung's Opposition to Apple's Preliminary
Injunction Motion. See Protective Order, ¶ 20.
Finally, we will discuss the remainder of the issues raised by Apple in its April 6, 2012 letter
during the continued meet and confer today.
Very truly yours,

Michael L. Fazio

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