Motorola Mobility, Inc. v. Apple, Inc.

Filing 185

RESPONSE in Opposition re 178 MOTION to Strike Motorola's Supplemental Infringement Contentions filed by Motorola Mobility, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14)(Giuliano, Douglas)

EXHIBIT 13

November 8, 2011

BY EMAIL
David Perlson
Quinn Emanuel
50 California Street, 22nd Floor
San Francisco, CA 94111
Re:

Motorola Mobility v. Apple, Southern District of Florida Case No.
1:10-cv-023580

Dear David:
I am in receipt of your letter of November 1, 2011 to Jill Ho regarding Apple’s
production of documents in the above-referenced case. As you know, Apple has produced many
documents in this matter already, including documents produced in the related ITC matters
subject to a cross-use agreement. Apple has been and will continue to supplement its production
as it locates additional responsive documents.
Your letter requests documents about a number of devices and technologies that are not at
issue in this litigation. As you know, it is Apple’s position that iCloud, Fairplay, the App Store,
iTunes, and the iPhone 4S have not been accused. Accordingly, Apple will not produce
documents relating to these subjects (referenced in topics 5, 6, 7, and 8 and partially in topics 3,
9, 10, 11, and 12 in your November 1 letter).
As for the remainder of your requests, Apple is preparing additional documents to
produce shortly on those subjects. Specifically, Apple will produce documents, to the extent any
exist, on the following topics in your letter: 1, 2, 3 (only as to Mobile Me), 4, 9 (only as to the
iPhone 4), 10 (only as to the iPhone 4), 11 (only as to the iPhone 4), 12 (only as to MobileMe),
13, and 14.
Your letter also requests that Apple produce source code for topics 1-8 and 12-14. Apple
will not produce the source code related to iCloud, Fairplay, the App Store, iTunes, and the
iPhone 4S for the reasons stated above. Apple has already produced to Motorola source code for

David Perlson
November 8, 2011
Page 2
the Address Book. Apple is also continuing to collect source code for MobileMe
synchronization and will produce it soon. As for any remaining code requested in your letter,
please explain why source code is necessary.

Sincerely,

/s/ Leslie Harvey
Leslie Harvey