JOINT CASE MANAGEMENT STATEMENT

Case No. 5:17-cv-00220-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: June 13, 2018 

TIME: 2:00 p.m. 

CTRM: Courtroom 8 

JUDGE: Hon. Lucy H. Koh 

IN RE QUALCOMM ANTITRUST 

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

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Pursuant to the Court’s May 1, 2018 Order Continuing Further Case Management 

Conference (MDL ECF No. 445), 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 30, 2018 Joint Case Management Statement (MDL ECF No. 444), 

the MDL Plaintiffs have filed a Joint Discovery Statement with third parties Brightpoint North 

America, LLC, as well as a Discovery Statement in regard to Synnex Corporation, seeking to 

compel document production from those third parties in response to the MDL Plaintiffs’ 

subpoenas. (MDL ECF Nos. 450, 455.) Magistrate Judge Cousins has scheduled a hearing to 

address these Discovery Statements on May 24, 2018. (MDL ECF No. 477.) 

Judge Cousins has also scheduled the following matters to be heard on May 24, 2018 

(FTC ECF No. 749), all of which were filed on May 18, 2018: 

 Qualcomm and the MDL Plaintiffs filed a Joint Discovery Statement regarding certain of 

their respective interrogatory responses and Qualcomm’s provision of certain additional 

testimony and written answers in response to Topics 1, 2, 8, and 11 of the MDL Plaintiffs’ 

30(b)(6) Notice. (MDL ECF No. 469.) The Joint Discovery Statement memorializes the 

resolution of a number of issues regarding these discovery requests, and sets forth one 

dispute with respect to Qualcomm’s response to the MDL Plaintiffs’ Interrogatory No. 20. 

 The MDL Plaintiffs filed Discovery Statements regarding their requests for the production 

of additional documents and data from certain databases and other shared sources of 

information. (MDL ECF Nos. 467, 468.) Qualcomm filed responses on May 22, 2018. 

(MDL ECF Nos. 473, 474.) Qualcomm and the MDL Plaintiffs expect to resolve or, at 

least, narrow these issues through further meet and confer discussions. However, in light 

of the May 18, 2018 deadline for motions to compel fact discovery, MDL Plaintiffs filed 

Discovery Statements regarding the open issues. 

 Qualcomm and the FTC submitted Joint Discovery Statements regarding two of their 

respective interrogatory responses. (FTC ECF Nos. 742, 743.) The FTC seeks additional 

information regarding Qualcomm’s response to FTC Interrogatory No. 4 (concerning the 

measures that support Qualcomm’s contentions regarding the breadth, quality, and value 

of its cellular patent portfolio). Qualcomm seeks additional information from the FTC 

regarding the FTC’s response to Qualcomm Interrogatory No. 19 (relating to application 

of any price-cost-test analysis to Qualcomm’s agreements with Apple). 

 Pursuant to Judge Cousins’s May 4, 2018 Order (FTC ECF No. 724), Qualcomm and nonparty Apple, Inc. filed a Joint Status Report regarding Apple’s production of documents 

and assertions of privilege. 

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On May 2, 2018, the FTC submitted a Motion for Relief from a decision of Magistrate 

Judge Cousins regarding Qualcomm’s assertion of privilege over internal patent ratings 

Qualcomm maintains. The Court denied that motion on May 22, 2018. (See FTC ECF No. 750.) 

II. PARTY DISCOVERY 

A. Written Discovery 

The Parties have not served any new requests for written discovery since the April 30 

Joint Case Management Statement (MDL ECF No. 444). The Parties do not have any open 

issues concerning written discovery beyond those referenced in Part I above. 

B. Document Discovery Issues 

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). Qualcomm completed its review of documents involving Mr. Aberle by the Courtordered deadline of May 2, 2018 and completed its review of documents involving Mr. Altman 

by the Court-ordered deadline of May 15, 2018. Qualcomm estimates that, as of May 15, 2018, it 

completed re-review of a total of 77,000 redacted or withheld documents, and that approximately 

33,000 documents remain to be re-reviewed by July 1, 2018. As a result of this re-review 

process, Qualcomm has produced 15,667 documents (either in redacted form or without 

redactions) that had previously been withheld as privileged, and has reduced or eliminated 

redactions on 8,934 previously redacted documents. Some of the previously withheld or redacted 

content had already been produced in other documents before the re-review productions. 

FTC’s Statement 

On May 21, Qualcomm’s counsel informed the FTC via email that it had come to their 

attention “late last week” “that the chipset-level data used by QCT in the ordinary course for 

fiscal year 2017 ... contains imprecise assumptions ....” According to Qualcomm’s counsel, 

“[o]ur client has been working over the weekend to correct any issues.” On May 22, Qualcomm 

produced a new version of its 2017 chipset level data. In response to questions from the FTC, 

Qualcomm’s counsel admitted that “[u]pon investigation, we’ve learned that Qualcomm noticed 

the same inconsistency” prior to late last week. 

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The FTC’s experts did not have the opportunity to review the revised 2017 data prior to 

finalizing the analyses in their reports. The parties continue to meet and confer regarding the 

newly produced 2017 chipset data. 

Qualcomm’s Statement: 

Qualcomm previously produced chipset data for fiscal years 2010-2017 that it used in the 

ordinary course. Beginning in fiscal year 2017 (which began in late September 2016), the finance 

team in Qualcomm’s chip division changed certain of the assumptions used in organizing the data 

from the assumptions used for fiscal years 2010-2016. In response to Plaintiffs’ requests in the 

litigation, Qualcomm produced the data for fiscal years 2010-2016 and for fiscal year 2017 as it 

was maintained in the ordinary course of business. Nevertheless, to ensure that consistent data 

for fiscal year 2017 is available in this litigation, Qualcomm created a new version of the 2017 

data that is consistent with the assumptions used in chipset data Qualcomm produced for fiscal 

years 2010-2016. Qualcomm alerted the FTC to the inconsistency in the assumptions underlying 

the 2010-2016 and the 2017 datasets on May 21, and has produced the new dataset on May 22, 

2017. In response to questions from the FTC, Qualcomm promptly provided the FTC with 

further explanation of the different assumptions underlying the two datasets. Qualcomm 

produced the new 2017 dataset as soon as it was created and without delay. Qualcomm will 

continue to meet and confer, as necessary, regarding the data. 

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 (ECF No. 580). Mr. Altman’s deposition has been scheduled for May 31 and June 1, 

2018. 

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 

As set forth in Part I above, Qualcomm and the MDL Plaintiffs met and conferred 

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regarding MDL Plaintiffs’ 30(b)(6) Topics 1, 2, 8 and 11. In response to the MDL Plaintiffs’ 

written questions, Qualcomm agreed to provide written responses, plus limited deposition time as 

to certain portions of Topic 2. The deposition has been scheduled for May 31, 2018. 

The FTC has completed its 30(b)(6) deposition of Qualcomm. 

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. 

As stated above, MDL Plaintiffs have filed discovery statements seeking to compel 

production of certain data from third parties Brightpoint North America, LLC, a subsidiary of 

Ingram Micro Inc., and Synnex Corporation (MDL ECF Nos. 450, 455). As also stated above, on 

May 18, 2018, Qualcomm and Apple, Inc. filed a joint status report with Judge Cousins. 

B. Depositions 

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

 

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Dated: May 22, 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 

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Joseph W. Cotchett 

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: May 22, 2018 

By: 

CRAVATH, SWAINE & MOORE LLP 

/s/ Gary A. Bornstein 

 

Gary A. Bornstein

Yonatan Even 

CRAVATH, SWAINE & MOORE LLP 

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Worldwide Plaza

825 Eighth Avenue 

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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