JOINT CASE MANAGEMENT STATEMENT

Case No. 5:17-cv-00220-LHK-NMC

and 5:17-md-02773-LHK-NMC

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Counsel Listed on Signature Page

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

FEDERAL TRADE COMMISSION,

Plaintiff,

vs.

QUALCOMM INCORPORATED, a 

Delaware corporation,

Defendant.

Case No. 5:17-cv-00220-LHK-NMC

JOINT CASE MANAGEMENT 

STATEMENT

DATE: May 4, 2018

TIME: 11:00 a.m.

CTRM: Courtroom 8

JUDGE: Hon. Lucy H. Koh

IN RE QUALCOMM ANTITRUST 

LITIGATION Case No. 5:17-MD-02773-LHK-NMC

Case 5:17-cv-00220-LHK Document 710 Filed 04/30/18 Page 1 of 10
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JOINT CASE MANAGEMENT STATEMENT

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[[NYLIT:2763894v1:04/30/2018--04:33 PM]]

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Pursuant to the Court’s April 23, 2018 Order Continuing Further Case Management 

Conference (ECF No. 706), Plaintiff Federal Trade Commission (the “FTC”) and the MDL 

Plaintiffs (collectively, “Plaintiffs”) and Defendant Qualcomm Incorporated (“Qualcomm”)

(collectively, the “Parties”) have met and conferred and hereby submit this Joint Case 

Management Statement.

I. MOTIONS

Since filing the April 23, 2018 Joint Case Management Statement (ECF No. 705), the 

Parties have not engaged in any new motion practice.

Magistrate Judge Cousins has scheduled a discovery status hearing on May 4, 2018 at 

10:00 a.m. (ECF No. 709) concerning, among other things, the joint status reports filed on April 

16, 2018, by Qualcomm and Apple, Inc. (ECF No. 687) and by Qualcomm, the FTC and the 

MDL Plaintiffs (ECF No. 688). 

II. PARTY DISCOVERY

A. Written Discovery

The Parties have not served any new requests for written discovery since the April 23

Joint Case Management Statement (ECF No. 705). 

On April 25, 2018, pursuant to Judge Cousins’s April 18 Order (ECF No. 691), the FTC 

served Responses to Qualcomm’s Interrogatory Nos. 18 and 19. Qualcomm is evaluating the 

FTC’s Responses. 

The FTC continues to evaluate Qualcomm’s written discovery responses, including 

interrogatory responses served on March 30, 2018. 

Qualcomm and the MDL Plaintiffs are meeting and conferring regarding Qualcomm’s 

Responses to MDL Plaintiffs’ Third Set of Interrogatories, which Qualcomm served on April 4, 

2018. 

Qualcomm served its Third Set of Interrogatories to MDL Plaintiffs on February 28, 2018. 

The MDL Plaintiffs contend that the Interrogatories were not served in accordance with 

Qualcomm and the MDL Plaintiffs’ agreement concerning the method of service of discovery 

requests. The MDL Plaintiffs requested until May 7, 2018 to respond to these Interrogatories, 

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and Qualcomm agreed.

On April 26, 2018, the MDL Plaintiffs requested to meet and confer with Qualcomm 

regarding Qualcomm’s Responses to the Plaintiffs’ Requests for Admission, which Qualcomm 

served on April 9, 2018. The Parties will meet and confer. 

B. Document Discovery Issues

1. Qualcomm’s Privilege Re-Review

Qualcomm continues the process of re-reviewing documents pursuant to Judge Cousins’s 

April 4, 2018 Order Regarding Privilege Re-Review for Qualcomm and Apple. (MDL ECF 

No. 427.) The results of the re-review of documents authored, sent or received by Derek Aberle 

will be provided to Plaintiffs on May 2 pursuant to this Court’s April 6, 2018 Order. (ECF 

No. 678.)

2. The FTC’s Request for Custodial and Other Documents Relating to 

Broadcom’s Proposed Takeover of Qualcomm

As set out in the April 23, 2018 Case Management Statement, Qualcomm agreed to 

produce documents submitted under the Hart-Scott-Rodino (“HSR”) Act on December 26, 2017 

in response to the FTC’s Request for Production concerning Broadcom’s proposed takeover of 

Qualcomm. Qualcomm produced such documents on April 20, 2018. Qualcomm has also agreed 

to produce certain additional materials provided to its Board in connection with the substance of 

an investor presentation filed with the SEC on February 9, 2018, and made such production on 

April 30, 2018. The FTC will review these productions and evaluate whether it will continue to 

seek additional documents on this topic, including documents created, sent, and received by 

Board members and senior executives relating to valuation issues and any analyses relating to the 

financial impact of various business strategies, including licensing practices.

3. The MDL Plaintiffs’ Requests for Qualcomm to Collect and Produce

Additional Documents and Data

As set out in the April 23, 2018 Case Management Statement, the MDL Plaintiffs and 

Qualcomm have been meeting and conferring regarding Qualcomm’s production of materials 

from databases and other shared sources of information since March 23, 2018. On April 19, 

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2018, the MDL Plaintiffs sent Qualcomm a letter requesting that Qualcomm provide additional 

information concerning its production from certain sources and that it produce certain additional 

documents and data. Although Qualcomm believes that its prior productions were sufficient, 

Qualcomm produced additional documents in response to the MDL Plaintiffs’ letter on April 23 

and 24, 2018. The MDL Plaintiffs and Qualcomm met and conferred on April 23 and April 26, 

and on April 26 Qualcomm sent the MDL Plaintiffs a letter that provided additional information 

concerning its databases and other shared sources, and agreed to conduct reasonable and 

proportional further investigation on materials of interest to the MDL Plaintiffs appearing in those 

sources. The MDL Plaintiffs are reviewing the information and documents provided by 

Qualcomm. Qualcomm and the MDL Plaintiffs will continue to meet and confer on these issues. 

4. Qualcomm’s Request for Documents Concerning Proposed Alternate Class 

Representatives

At the depositions of “alternate” class representatives Leonidas Miras and James Clark, 

Qualcomm requested that the MDL Plaintiffs produce additional documents that Qualcomm 

believes were responsive to Qualcomm’s Requests for Production. Qualcomm and the MDL 

Plaintiffs are meeting and conferring regarding the additional documents. 

C. Party Depositions

1. Individual Depositions

Almost all depositions of current or former Qualcomm employees have concluded. The 

sole exception is Jeffrey Altman, with respect to whom the Court approved an out-of-time 

deposition on February 20, 2018. (ECF No. 580.) 

The Parties will meet and confer regarding re-opening of depositions following the 

completion of Qualcomm’s privilege re-review.

2. Rule 30(b)(6) Depositions

On April 20, 2018, MDL Plaintiffs provided Qualcomm with written questions related to 

Topics 1, 2 and 8 of MDL Plaintiffs’ Rule 30(b)(6) notice in lieu of a deposition on those topics. 

Following discussions between the parties, the MDL Plaintiffs offered a compromise proposal to 

Qualcomm on April 22 whereby Qualcomm would designate certain portions of Alex 

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Katouzian’s transcript as to Topics 1 and 2 of MDL Plaintiffs’ Rule 30(b)(6) deposition notice, 

and Qualcomm would answer a subset of the written questions as to Topics 1, 2, and 8. On April 

26, 2018, the parties met and conferred, and Qualcomm agreed to make a proposal to the MDL 

Plaintiffs for responding to the MDL Plaintiffs’ remaining questions through the designation of 

prior deposition testimony, plus the provision of written answers and/or additional Rule 30(b)(6) 

witness testimony. 

Qualcomm and the MDL Plaintiffs also have met and conferred regarding the 

Rule 30(b)(6) deposition of Qualcomm regarding its efforts to locate documents potentially 

relevant to this litigation, including the process and methodology for any technology assisted 

review, identification of the computer servers and directories searched, the process used to 

identify any custodians and the identity of those custodians, and identification of any search terms 

or other parameters used. The MDL Plaintiffs have stated that they will send written questions 

that they believe Qualcomm’s corporate designee was unable to answer adequately at the 

deposition. Although Qualcomm believes that its corporate designee was appropriately prepared 

and that many of the MDL Plaintiffs’ questions at the deposition exceeded a reasonable scope, 

Qualcomm has agreed to evaluate the MDL Plaintiffs’ written questions after it has received 

them. 

III. THIRD-PARTY DISCOVERY

A. Document Production

The vast majority of third parties subpoenaed have completed their document productions 

in this case. Certain third parties are still producing small volumes of documents. 

B. Depositions

The Parties concluded depositions of third-party witnesses on April 20. 

The MDL Plaintiffs intend to seek to participate in the deposition of Tim Cook, CEO of 

Apple, Inc., which was noticed by Qualcomm in the Southern District of California litigation for 

June, 27, 2018. Qualcomm will not object to the MDL Plaintiffs’ participation in the deposition, 

provided that Qualcomm will have its full seven hours to ask questions of Mr. Cook. 

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IV. ADR

The Parties have not engaged in any ADR conferences since the April 23, 2018 Joint Case 

Management Statement. (ECF No. 672.) The next ADR conference is scheduled for August 7, 

2018.

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Dated: April 30, 2018

Respectfully submitted,

By:

FEDERAL TRADE COMMISSION,

/s/ Jennifer Milici 

Jennifer Milici

Wesley G. Carson

J. Alexander Ansaldo

Joseph R. Baker

Elizabeth A. Gillen

Federal Trade Commission 

600 Pennsylvania Avenue, N.W.

Washington, D.C. 20580

(202) 326-2912; (202) 326-3496 (fax)

jmilici@ftc.gov 

Attorneys for Federal Trade Commission

SUSMAN GODFREY LLP

/s/ Kalpana Srinivasan

Kalpana Srinivasan

Marc M. Seltzer

Steven G. Sklaver

Amanda Bonn

Oleg Elkhunovich

Krysta Kauble Pachman

SUSMAN GODFREY L.L.P.

1900 Avenue of the Stars, Suite 1400

Los Angeles, CA 90067

Telephone: (310) 789-3100

Facsimile: (310) 789-3006

Email: ksrinivasan@susmangodfrey.com

Email: mseltzer@susmangodfrey.com

Email: ssklaver@susmangodfrey.com

Email: abonn@susmangodfrey.com

Email: oelkhunovich@susmangodfrey.com

Email: kpachman@susmangodfrey.com

Joseph Grinstein

SUSMAN GODFREY L.L.P.

1000 Louisiana Street # 5100

Houston, TX 77002

Telephone: (713) 651-9366

Facsimile: (713) 654-6666

Email: jgrinstein@susmangodfrey.com

Joseph W. Cotchett

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Adam J. Zapala

Brian Danitz

Mark F. Ram

Michael Montaño

COTCHETT, PITRE & McCARTHY, LLP

840 Malcolm Road, Suite 200

Burlingame, CA 94010

Telephone: (650) 697-6000

Facsimile: (650) 697-0577

Email: jcotchett@cpmlegal.com

Email: azapala@cpmlegal.com

Email: bdanitz@cpmlegal.com

Email: mram@cpmlegal.com

Email: mmontano@cpmlegal.com

Plaintiffs’ Interim Co-Lead Counsel

HAGENS BERMAN SOBOL SHAPIRO 

LLP

Steve W. Berman

HAGENS BERMAN SOBOL SHAPIRO 

LLP

1918 Eighth Avenue, Suite 3300

Seattle, WA 98101

Telephone: (206) 268-9320

Facsimile: (206) 623-0594

Email: steve@hbsslaw.com

Jeff D. Friedman (173886)

Rio S. Pierce (298297)

HAGENS BERMAN SOBOL SHAPIRO 

LLP

715 Hearst Avenue, Suite 202

Berkeley, CA 94710

Telephone: (510) 725-3000

Facsimile: (510) 725-3001

Email: jefff@hbsslaw.com

Email: riop@hbsslaw.com

Plaintiffs’ Steering Committee

Dated: April 30, 2018

By:

CRAVATH, SWAINE & MOORE LLP

/s/ Gary A. Bornstein

Gary A. Bornstein

Yonatan Even

CRAVATH, SWAINE & MOORE LLP

Worldwide Plaza

825 Eighth Avenue

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New York, NY 10019

Tel: (212) 474-1000

Fax: (212) 474-3700

gbornstein@cravath.com

yeven@cravath.com

Robert A. Van Nest

Asim M. Bhansali

Eugene M. Paige

Justina Sessions

KEKER, VAN NEST & PETERS LLP

633 Battery Street

San Francisco, CA 94111-1809

Telephone: (415) 391-5400

Facsimile: (415) 397-7188

rvannest@keker.com

abhansali@keker.com

epaige@keker.com

jsessions@keker.com

Richard S. Taffet

MORGAN, LEWIS & BOCKIUS LLP

101 Park Avenue

New York, NY 10178-0060

Tel: (212) 309-6000

Fax: (212) 309-6001

richard.taffet@morganlewis.com

Willard K. Tom

MORGAN, LEWIS & BOCKIUS LLP

1111 Pennsylvania Ave. NW

Washington, DC 20004-2541

Tel: (202) 739-3000

Fax: (202) 739 3001

willard.tom@morganlewis.com

Donn P. Pickett

Geoffrey T. Holtz

MORGAN, LEWIS & BOCKIUS LLP

One Market, Spear Street Tower

San Francisco, CA 94105-1126

Tel: (415) 442-1000

Fax: (415) 442-1001

donn.pickett@morganlewis.com

geoffrey.holtz@morganlewis.com

Attorneys for Defendant Qualcomm 

Incorporated

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FILER’S ATTESTATION

I, Gary A. Bornstein, am the ECF user whose identification and password are being used 

to file this Joint Case Management Statement. In compliance with Civil Local Rule 5-1(i)(3), I 

hereby attest that the signatories on this document have concurred in this filing.

/s/ Gary A. Bornstein

Gary A. Bornstein

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