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APPLE AND QUALCOMM'S JOINT STATUS REPORT 

No. 17-cv-0220-LHK-NMC, No. 17-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 687 Filed 04/16/18 Page 1 of 7
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APPLE AND QUALCOMM'S JOINT STATUS REPORT 

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

Pursuant to the Court’s March 30, 2018 Order (ECF 665), 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 conducting a re-review of 1,000 privilege log entries identified by 

Qualcomm, pursuant to the Court’s March 30, 2018 Order (ECF 664). Apple will 

produce any downgraded non-privileged documents identified during that process 

no later than April 26, 2018. 

(2) In its March 30, 2018 Joint Status Report (ECF 663), Apple noted it had identified 

a small number of documents that were previously logged as non-privileged and 

non-responsive, and stated that it would produce those documents within the next 

week. Apple produced those documents on April 6, 2018, but withheld two 

document families from production pending the resolution of third party 

notice/consent issues. Apple will produce those documents as soon as those 

notice/consent issues have been resolved. 

(3) Apple may re-review privilege log entries and determine that documents are nonprivileged. Apple may also re-review entries on its log of certain non-responsive 

documents and identify documents that are responsive and non-privileged. In both 

cases, Apple will produce downgrades that are responsive and non-privileged on a 

rolling basis. 

On April 15, 2018, Qualcomm requested further information about Apple’s log of certain 

non-responsive documents, and identified log entries it asserts are responsive. Apple is reviewing 

Qualcomm’s requests, and will meet and confer with Qualcomm as soon as practicable. 

Case 5:17-cv-00220-LHK Document 687 Filed 04/16/18 Page 2 of 7
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APPLE AND QUALCOMM'S JOINT STATUS REPORT 

No. 17-cv-0220-LHK-NMC

B. Qualcomm’s Position 

On March 30, 2018, Apple provided Qualcomm with a log of over 188,000 entries 

reflecting documents that appeared on Apple’s original privilege logs (dated December 29, 2017, 

January 5 and January 15)—approximately 40% of the entries on those logs—that Apple 

subsequently decided were non-responsive (the “Non-Responsive Log”). Many of the withheld 

documents on this Non-Responsive Log appear to be responsive to Qualcomm’s requests. Based 

only on the face of the log, Qualcomm identified 20,720 entries for documents withheld by Apple 

as non-responsive that should be produced because they are responsive to Qualcomm’s requests 

(or logged on Apple’s privilege log, should Apple continue to assert that the document is 

privileged). These include documents expressly referring to Qualcomm, agreements between 

Apple and Qualcomm, or code names used for Apple and Qualcomm in the context of their 

relationship. The Non-Responsive Log also has over 6,400 entries with no subject-matter 

information, making it impossible for Qualcomm to assess the potential responsiveness of the 

logged documents. Apple has also not provided cross-reference information to the original 

privilege logs to enable Qualcomm to understand which entries on the Non-Responsive Log 

correspond to which entries in the original logs. Qualcomm is concerned about the extent to 

which Apple has deemed plainly relevant documents to be non-responsive and about Qualcomm’s 

inability, four months after the initial deadline for Apple to complete its production and two 

weeks after the end of fact discovery, to follow the trail of Apple’s changing responsiveness and 

privilege determinations. Qualcomm has requested a meet and confer with Apple to try and 

address its concerns without court intervention. 

Qualcomm is continuing to investigate other issues relating to Apple’s production, 

including its assertion of a common interest with certain commercial parties as a basis to withhold 

documents from production. 

Case 5:17-cv-00220-LHK Document 687 Filed 04/16/18 Page 3 of 7
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APPLE AND QUALCOMM'S JOINT STATUS REPORT 

No. 17-cv-0220-LHK-NMC

II. Apple’s Privilege Log 

Privilege Log Re-Review. Pursuant to the Court’s March 30, 2018 Order (ECF 664), on 

April 10, 2018, Qualcomm sent to Apple for its re-review a list of 1,000 entries from Apple’s 

revised privilege logs dated February 9, February 15 and February 19, 2018. Apple is conducting 

a re-review of those 1,000 privilege log entries. Apple will serve an amended privilege log for the 

documents subject to that review no later than April 24, 2018, and produce any de-privileged or 

redacted documents by April 26, 2018. 

Case 5:17-cv-00220-LHK Document 687 Filed 04/16/18 Page 4 of 7
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APPLE AND QUALCOMM'S JOINT STATUS REPORT 

No. 17-cv-0220-LHK-NMC

Dated: April 16, 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 687 Filed 04/16/18 Page 5 of 7
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APPLE AND QUALCOMM'S JOINT STATUS REPORT 

No. 17-cv-0220-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 687 Filed 04/16/18 Page 6 of 7
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APPLE AND QUALCOMM'S JOINT STATUS REPORT 

No. 17-cv-0220-LHK-NMC, No. 17-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 Status Report. 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 687 Filed 04/16/18 Page 7 of 7