NON-PARTY APPLE’S STATUS REPORT RE: DOCUMENT PRODUCTION 

CASE NOS. 5:17-CV-00220-LHK-NMC & 5:17-MD-02773-LHK-NMC 

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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. 

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.’S STATUS 

REPORT REGARDING DOCUMENT 

PRODUCTION 

Courtroom: 7, 4th Floor 

Judge: Hon. Nathanael M. Cousins 

IN RE QUALCOMM ANTITRUST 

LITIGATION 

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

REDACTED PUBLIC VERSION 

Case 5:17-cv-00220-LHK Document 268-3 Filed 11/03/17 Page 1 of 4
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NON-PARTY APPLE’S STATUS REPORT RE: DOCUMENT PRODUCTION 

CASE NOS. 5:17-CV-00220-LHK-NMC & 5:17-MD-02773-LHK-NMC 

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Pursuant to the Court’s October 18, 2017 Order on Discovery Disputes (ECF No. 239), 

Non-Party Apple Inc. (“Apple”) submits the following status report regarding its document 

production in these cases: 

Collection of Documents : We have 

substantially completed document collection for 34 of Apple’s custodians. We have some 

documents collected for 10 of Apple’s remaining 11 custodians, and are in the process of 

conducting supplemental collections for those custodians. We have determined that Apple does 

not have custodial files for one former employee, Ryan Tatar, who left the company’s 

employment in 2014. 

 

Search and De-Duplication: 

 12.1 million documents have been captured by the search terms set 

by the Court, either because they hit on those search terms or because they are in document 

families with such documents. 

 At this time, there are 1.7 

million documents slated for review. 

Review and Production: We have completed initial review of approximately 130,000 

documents, including some non-custodial documents. Many documents are still in the QC 

process or have been set aside for further review, such as privilege and privacy review. As of this 

filing, Apple has produced 4,453 documents comprising 83,978 pages. This does not include the 

approximately 24,000 documents (totaling over 150,000 pages) Apple produced to the FTC in 

connection with its investigation of Qualcomm, which have already been produced to Qualcomm. 

Review Process: We currently have 115 attorneys on document review for this matter, in 

addition to outside counsel and Apple’s in-house litigation support team. New reviewers are 

being trained and added to the review team as they become available, and we plan to continue 

expanding the review team through at least mid-November. In addition, as new reviewers 

become more familiar with this this case, their review rate generally accelerates. As of November 

Case 5:17-cv-00220-LHK Document 268-3 Filed 11/03/17 Page 2 of 4
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NON-PARTY APPLE’S STATUS REPORT RE: DOCUMENT PRODUCTION 

CASE NOS. 5:17-CV-00220-LHK-NMC & 5:17-MD-02773-LHK-NMC 

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2, our review team was reviewing approximately 30,000 documents per day. That review rate 

will continue to increase as we increase the size of our review team and as the team continues to 

gain experience. 

We have incorporated into our review process a Technology Assisted Review (“TAR”) 

system to prioritize the review of documents that are more likely to be responsive. That system 

will allow us to front-load the documents that are most likely to be responsive, so that they can be 

produced earlier rather than later in our review process. 

Finally, in order to expedite the flow of document production and meet the deadlines set 

by the Court, we are identifying some groups of custodial documents that we will produce 

without manual review, subject to potential claw-back. Because those documents will not have 

been manually reviewed, they will be designated “Apple Highly Confidential-Attorneys’ Eyes 

Only” and produced based on an agreement between counsel that they will only be reviewed by 

outside counsel pending the entry of a supplemental Protective Order applicable to Apple’s 

production of documents. If counsel for Qualcomm, Class Plaintiffs, or the FTC believe any 

specific documents should be designated at a lower level of confidentiality, Apple is willing to 

meet and confer regarding those documents. 

Disputes: Qualcomm has requested that Apple add Bruce Sewell, Apple General 

Counsel, as a custodian in this matter. Apple agreed to make Mr. Sewell a custodian, provided 

that Qualcomm would agree to a deadline of January 8, 2018 for the substantial completion of his 

document production. Qualcomm agreed to that date and requested that Apple produce a 

privilege log for Mr. Sewell’s documents by January 15, 2018. Apple has agreed to that request. 

However, Qualcomm has requested that Apple run search terms for legal and business custodians 

against Mr. Sewell’s files; Apple has responded that Mr. Sewell, as Apple’s General Counsel, is a 

legal custodian and should be treated as such. Qualcomm has not responded as of this filing. 

 

Case 5:17-cv-00220-LHK Document 268-3 Filed 11/03/17 Page 3 of 4
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NON-PARTY APPLE’S STATUS REPORT RE: DOCUMENT PRODUCTION 

CASE NOS. 5:17-CV-00220-LHK-NMC & 5:17-MD-02773-LHK-NMC 

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Dated: November 3, 2017 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.

Case 5:17-cv-00220-LHK Document 268-3 Filed 11/03/17 Page 4 of 4