PLAINTIFF FEDERAL TRADE COMMISSION’S SUPPLEMENTAL REPORT IN CONNECTION WITH THE

PARTIES’ JOINT DISCOVERY STATEMENT REGARDING EXPERT REPORT DESIGNATIONS

CASE NO. 5:17-CV-00220-LHK-NMC

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United States District Court

Northern District of California

Jennifer Milici, D.C. Bar No. 987096

Daniel Matheson, D.C. Bar No. 502490

J. Alexander Ansaldo, Va. Bar No. 75870

Joseph R. Baker, D.C. Bar No. 490802

Wesley G. Carson, D.C. Bar No. 1009899

Elizabeth A. Gillen, Ca. Bar No. 260667

Federal Trade Commission

600 Pennsylvania Avenue, N.W.

Washington, D.C. 20580

Tel: (202) 326-2912; Fax (202) 326-3496

jmilici@ftc.gov

Lin W. Kahn, Ca. Bar No. 261387

Federal Trade Commission

901 Market Street, Suite 570

San Francisco, CA 94103

Tel: (415) 848-5115; Fax: (415) 848-5184

lkahn@ftc.gov

Attorneys for Plaintiff

FEDERAL TRADE COMMISSION

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

PLAINTIFF FEDERAL TRADE 

COMMISSION’S SUPPLEMENTAL 

REPORT IN CONNECTION WITH THE 

PARTIES’ JOINT DISCOVERY 

STATEMENT REGARDING EXPERT 

REPORT DESIGNATIONS

Magistrate Judge: 

Hon. Nathaniel M. Cousins

Case 5:17-cv-00220-LHK Document 776 Filed 06/25/18 Page 1 of 3
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PLAINTIFF FEDERAL TRADE COMMISSION’S SUPPLEMENTAL REPORT IN CONNECTION WITH THE

PARTIES’ JOINT DISCOVERY STATEMENT REGARDING EXPERT REPORT DESIGNATIONS

CASE NO. 5:17-CV-00220-LHK-NMC

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United States District Court

Northern District of California

Pursuant to the Court’s June 20, 2018 order, ECF No. 773, Plaintiff Federal Trade 

Commission (“FTC”) submits this status report. The FTC reports that the FTC and Qualcomm 

Incorporated (“Qualcomm”) do not have any remaining disagreements regarding designations of the 

FTC’s expert reports.

The FTC served its expert reports on Qualcomm on May 24, 2018. In accordance with the 

parties’ agreed-to process, on May 29, Qualcomm proposed redactions to the expert reports before 

sharing the reports internally within Qualcomm. On June 4, the FTC provided additional proposed 

redactions to mask material that it believed could constitute, reference, or be sourced from thirdparty Protected Material. Qualcomm disagreed with some of the FTC’s proposed redactions, and on 

June 9, 2018, the parties filed a joint discovery statement regarding the disagreement (ECF No. 765).

On June 20, 2018, the Court provided guidance at a hearing and ordered the FTC, Qualcomm, and 

affected third parties to meet and confer by June 25, 2018 to attempt to resolve any disputes (ECF 

No. 773).

Following the June 20, 2018 hearing, the FTC reiterated to Qualcomm that it had not and was 

not attempting to independently designate information as Protected Material in its expert reports, but 

was instead identifying materials subject to third-party designations. On June 21, the FTC again 

identified for Qualcomm the specific information in the report that the FTC believed could constitute 

third-party Protected Material, taking into account the Court’s June 20, 2018 guidance. On June 22, 

the FTC notified the twenty-three affected third parties of the potential for a disclosure, and met and 

conferred with Qualcomm. Later on June 22, Qualcomm confirmed its intent to redact most of the 

materials identified by the FTC on June 21, with minor changes, prior to disclosing redacted expert 

reports internally within Qualcomm. 

After receiving Qualcomm’s proposed disclosures, the FTC on June 23 and 24 provided 

excerpts of its expert reports showing the specific Protected Material at issue for each third party to 

the affected third parties and Qualcomm. The FTC, Qualcomm, and third parties have met and 

conferred as necessary. All third parties have responded to the notice and no third parties report

unresolved objections regarding redactions in the FTC’s expert reports. 

Case 5:17-cv-00220-LHK Document 776 Filed 06/25/18 Page 2 of 3
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PLAINTIFF FEDERAL TRADE COMMISSION’S SUPPLEMENTAL REPORT IN CONNECTION WITH THE

PARTIES’ JOINT DISCOVERY STATEMENT REGARDING EXPERT REPORT DESIGNATIONS

CASE NO. 5:17-CV-00220-LHK-NMC

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As the parties do not have any outstanding disputes, no further order is needed from the 

Court at this time.

Dated: June 25, 2018

/s/ Jennifer Milici

Jennifer Milici

Daniel Matheson

J. Alexander Ansaldo

Joseph R. Baker

Wesley G. Carson

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

Case 5:17-cv-00220-LHK Document 776 Filed 06/25/18 Page 3 of 3