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APPLE AND QUALCOMM'S JOINT STATUS REPORT

No. 17-cv-0220-LHK-NMC, No. 17-md-2773-LHK-NMC

No17-md-2773-LHK-NMC

BOIES SCHILLER FLEXNER LLP

William A. Isaacson (Pro Hac Vice App. to be 

filed) 

DC Bar No. 414788, wisaacson@bsfllp.com

Karen L. Dunn (Pro Hac Vice App. to be 

filed) 

DC Bar No. 1002520, kdunn@bsfllp.com

Amy J. Mauser (Pro Hac Vice App. to be 

filed)

DC Bar No. 424065, amauser@bsfllp.com

1401 New York Avenue, N.W.

Washington, DC 20005

Telephone: (202) 237-2727

Facsimile: (202) 237-6131

BOIES SCHILLER FLEXNER LLP

Edward H. Takashima, SBN 270945

etakashima@bsfllp.com 

401 Wilshire Blvd, Suite 850 

Santa Monica, CA 90401

Telephone: (310) 752-2400

Facsimile: (310) 752-2490

Attorneys for Non-Party APPLE INC.

CRAVATH, SWAINE & MOORE LLP

Gary A. Bornstein (pro hac vice)

gbornstein@cravath.com

Yonatan Even (pro hac vice)

yeven@cravath.com

825 Eighth Avenue

New York, NY 10019-7475

Telephone: (212) 474-1000

Facsimile: (212) 474-3700

KEKER, VAN NEST & PETERS LLP

Robert A. Van Nest, SBN 84065

rvannest@keker.com

633 Battery Street

San Francisco, CA 94111-1809

Telephone: (415) 676-2289

Facsimile: (415) 397-7188

MORGAN, LEWIS & BOCKIUS LLP

Richard S. Taffet (pro hac vice)

richard.taffet@morganlewis.com

101 Park Avenue

New York, NY 10178-0060

Telephone: (212) 309-6000

Facsimile: (212) 309-6001

Attorneys for Defendant 

QUALCOMM INCORPORATED

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

FEDERAL TRADE COMMISSION

Plaintiff,

v.

QUALCOMM INCORPORATED, a 

Delaware corporation,

Defendant.

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

NON-PARTY APPLE INC. AND 

DEFENDANT QUALCOMM 

INCORPORATED’S JOINT STATUS 

REPORT

Courtroom: 7, 4th Floor

Judge: Hon. Nathanael M. Cousins 

IN RE QUALCOMM ANTITRUST 

LITIGATION

Case No. 5:17-md-02773-LHK-NMC

Case 5:17-cv-00220-LHK Document 617 Filed 03/09/18 Page 1 of 6
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APPLE AND QUALCOMM'S JOINT STATUS REPORT

No. 17-cv-0220-LHK-NMC, No. 17-md-2773-LHK-NMC

No17-md-2773-LHK-NMC

Pursuant to the Court’s February 26, 2018 docket entry, Non-Party Apple Inc. (“Apple”) 

and Defendant Qualcomm Incorporated (“Qualcomm”) submit this Joint Status Report.

I. Apple’s Document Production 

A. Apple’s Position

To date, Apple has produced more than 4.1 million documents totaling over 37 million 

pages. Apple’s anticipated document production is complete, with the following exceptions: 

(1) Apple is finalizing a production of documents it has downgraded from its privilege 

logs. Apple will produce any such documents from an Apple witness’s custodial 

files in advance of his or her deposition. 

(2) Apple is reviewing certain privilege log entries identified by Qualcomm as part of 

the meet and confer process, and may downgrade some of those documents from 

its privilege logs. Apple may also re-review other privilege log entries and 

determine that documents are non-privileged. If so, Apple will produce any such 

downgrades that are responsive and non-privileged on a rolling basis. 

B. Qualcomm’s Position

Apple’s rolling “downgrades” from its privilege log have resulted in the production of 

documents exceedingly close in time to, or even after, the depositions of the witnesses in whose 

files the documents were found, including the documents produced from the files of Mr. Watrous 

and Ms. Mahe that Apple acknowledged at the March 7 hearing. Qualcomm has urged Apple to 

prioritize the production of documents from upcoming deponents, so that they are produced 

sufficiently in advance of the deposition. 

II. Apple’s Privilege Log

A. Qualcomm’s Position

Improperly Withheld Documents. On March 2, Qualcomm sent to Apple a list of 728 

entries from Apple’s revised log that Qualcomm has reason to believe, based on the log, are not 

subject to a valid claim of privilege. On March 2, Qualcomm asked for Apple’s availability to 

Case 5:17-cv-00220-LHK Document 617 Filed 03/09/18 Page 2 of 6
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APPLE AND QUALCOMM'S JOINT STATUS REPORT

No. 17-cv-0220-LHK-NMC

No. 17-md-2773-LHK-NMC

meet and confer on the list of entries. Just today, after receiving Qualcomm’s portion of this 

Status Report, Apple responded to Qualcomm’s request to meet and confer. Qualcomm is also 

continuing to evaluate the propriety of Apple’s decision to withhold documents pursuant to 

purported common interest agreements with Samsung, Intel and other commercial parties, and is 

otherwise assessing the entries on Apple’s privilege log.

Clawbacks. Qualcomm and Apple have resolved the issue relating to the documents 

Apple requested to claw back on February 14. With the benefit of the Court’s rulings on 

clawback issues at the March 7 hearing, Qualcomm is assessing whether there are other 

clawback-related disputes to be raised with Apple. If so, the parties will meet and confer.

Changed Responsiveness Determinations. As noted in the February 23 and March 2 

Status Reports (ECF Nos. 590, 602), Apple has represented that it changed its responsiveness 

determinations for a certain volume of documents in the course of re-reviewing documents for 

privilege. On February 23, Qualcomm requested that Apple provide a list of all documents that it 

“downgraded” from its privilege log for which it also revised its responsiveness call. (ECF No. 

602.) On March 2, Apple agreed to provide the list, which on March 7 was ordered by the Court 

(ECF No. 607). As of this Status Report, Apple still has not indicated by when it will produce the 

list. 

B. Apple’s Position

Privilege Disputes. Qualcomm has raised issues with respect to approximately 700 

documents on Apple’s privilege log. Apple is reviewing those entries and plans to meet and 

confer with Qualcomm early next week. 

Non-Responsive Documents. In the course of re-reviewing privilege log entries, Apple 

has identified some entries that are not privileged but whose documents are also non-responsive. 

Apple is removing those entries from its logs, but because the documents are non-responsive, is 

not producing the downgraded documents. In the interests of transparency, Apple will provide 

Qualcomm with a list of the privilege log entries that it has determined to be non-responsive. 

Case 5:17-cv-00220-LHK Document 617 Filed 03/09/18 Page 3 of 6
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APPLE AND QUALCOMM'S JOINT STATUS REPORT

No. 17-cv-0220-LHK-NMC

No. 17-md-2773-LHK-NMC

Dated: March 9, 2018 Respectfully submitted,

By: /s/ Edward H. Takashima

William A. Isaacson 

wisaacson@bsfllp.com

Karen L. Dunn 

kdunn@bsfllp.com

Amy J. Mauser

amauser@bsfllp.com

BOIES SCHILLER FLEXNER LLP

1401 New York Avenue, N.W.

Washington, DC 20005

Telephone: (202) 237-2727

Facsimile: (202) 237-6131

Edward H. Takashima 

etakashima@bsfllp.com 

BOIES SCHILLER FLEXNER LLP

401 Wilshire Blvd, Suite 850 

Santa Monica, CA 90401

Telephone: (310) 752-2400

Facsimile: (310) 752-2490

Attorneys for Non-Party APPLE INC.

By: /s/ Gary A. Bornstein

Gary A. Bornstein

Yonatan Even

CRAVATH, SWAINE & MOORE LLP

Worldwide Plaza 

825 Eighth Avenue

New York, NY 10019-7475

Tel: (212) 474-1000

Fax: (212) 474-3700

gbornstein@cravath.com

yeven@cravath.com

Case 5:17-cv-00220-LHK Document 617 Filed 03/09/18 Page 4 of 6
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APPLE AND QUALCOMM'S JOINT STATUS REPORT

No. 17-cv-0220-LHK-NMC

No. 17-md-2773-LHK-NMC

Robert A. Van Nest 

Asim M. Bhansali 

Eugene M. Paige 

KEKER, VAN NEST & PETERS LLP 

633 Battery Street 

San Francisco, CA 94111-1809 

Tel: (415) 676-2289 

Fax: (415) 397-7188 

rvannest@keker.com 

abhansali@keker.com 

epaige@keker.com 

Richard S. Taffet

Willard K. Tom

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 

richard.taffet@morganlewis.com

willard.tom@morganlewis.com 

donn.pickett@morganlewis.com 

geoffrey.holtz@morganlewis.com 

Attorneys for Qualcomm Incorporated

Case 5:17-cv-00220-LHK Document 617 Filed 03/09/18 Page 5 of 6
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APPLE AND QUALCOMM'S JOINT STATUS REPORT

No. 17-cv-0220-LHK-NMC, No. 17-md-2773-LHK-NMC

No17-md-2773-LHK-NMC

FILER’S ATTESTATION

I, Edward H. Takashima, am the ECF user whose identification and password are being 

used to file this Joint Discovery 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/ Edward H. Takashima

Edward H. Takashima

Case 5:17-cv-00220-LHK Document 617 Filed 03/09/18 Page 6 of 6