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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 663 Filed 03/30/18 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

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 may re-review privilege log entries and determine that documents are nonprivileged. Apple may also re-review entries on its forthcoming log of nonresponsive documents and identify documents that are responsive and nonprivileged. In both cases, Apple will produce downgrades that are responsive and 

non-privileged on a rolling basis. 

(2) Apple has identified a small number of documents that were incorrectly logged as 

non-privileged and non-responsive. Apple will produce those documents within 

the next week. 

(3) Apple and the parties have agreed that Apple will conduct a re-review of 1,000 

privilege log entries identified by Qualcomm. (ECF 653 at 9.) If that review 

proposal is adopted by the Court, Apple will produce any downgraded nonprivileged documents identified during that process. 

B. Qualcomm’s Position

Since the March 23 Status Report, Qualcomm received two productions from Apple on 

March 23 and March 28, consisting of 15 and 1,404 documents, respectively. The former consists 

of previously clawed-back documents that have been reproduced, and the latter includes

documents from the custodial files of three Apple witnesses who have already been deposed, 

namely Messrs. Blevins, Schafer, and Watrous. During a meet and confer on March 29, Apple 

informed Qualcomm that it identified approximately 1,600-1,700 documents that it had initially 

withheld on its December 29 privilege log, then removed from its revised log on the ground that 

Case 5:17-cv-00220-LHK Document 663 Filed 03/30/18 Page 2 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

the documents were non-responsive, and has upon further review again determined to be 

responsive to Qualcomm’s requests. Apple plans to produce the non-privileged portion of those 

documents next week. Qualcomm reserves the right to seek additional deposition time with the 

appropriate witnesses based on any documents that Qualcomm was not reasonably able to review 

and use at deposition because of the timing of production.

II. Apple’s Privilege Log

A. Qualcomm’s Position

Clawbacks. Since the March 23 Status Report, Apple has clawed back five additional 

documents. In total, Apple has now sent 14 clawback letters covering 446 documents. 

Qualcomm and Apple have met and conferred regarding the clawed-back document discussed at 

the March 28, 2018 hearing, which was the subject of the first bullet point in the Court’s 

March 26, 2018 order. Qualcomm does not concede that the clawback was proper. Nevertheless, 

based on the information currently available to it, and reserving its rights should it uncover 

additional relevant information, Qualcomm does not intend to challenge the clawback.

Nonresponsive Documents. During a meet and confer on March 29, Apple informed 

Qualcomm that it will meet the Court’s March 30 deadline to provide the list of documents that 

Apple deemed non-responsive in the course of revising its privilege log. (ECF No. 650.) As 

noted above, Apple has further revised its responsiveness determinations with respect to some of 

these documents. On the March 29 meet and confer, Apple stated that it will produce a new log 

for any documents that are once again deemed responsive but continue to be withheld as 

privileged.

Proposed Re-Review. On March 23, Qualcomm and Apple submitted an agreed proposal 

for the Court’s approval in which Qualcomm will identify 1,000 log entries for Apple to rereview within 14 days of receipt. (ECF Nos. 652, 653.) Qualcomm would be prepared to send 

the list of 1,000 log entries to Apple early next week.

Case 5:17-cv-00220-LHK Document 663 Filed 03/30/18 Page 3 of 7
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APPLE AND QUALCOMM'S JOINT STATUS REPORT

No. 17-cv-0220-LHK-NMC

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B. Apple’s Position

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

has identified some entries that are not privileged but also non-responsive. Apple is removing 

those entries from its privilege log, but because the documents are non-responsive, is not 

producing the downgraded documents. Apple will serve a log identifying those entries on March 

30, 2018, pursuant to the Court’s March 26, 2018 Order (ECF 650). 

III. Miscellaneous

At the March 28, 2018 discovery hearing, Apple’s counsel asked the Court to reconsider 

its Order (ECF 651) denying Apple’s motion to seal portions of Apple and Qualcomm’s March 

16, 2018 Joint Status Report. After further consideration, and to avoid burdening the Court with 

unnecessary motion practice, Apple withdraws its request. Apple will re-file the March 16 Joint 

Status Report pursuant to Civil Local Rule 79-5(f)(2). 

The deposition of Bruce Sewell has been re-scheduled for April 4-5, 2018.

//

//

//

Case 5:17-cv-00220-LHK Document 663 Filed 03/30/18 Page 4 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

Dated: March 30, 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

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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 663 Filed 03/30/18 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

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 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 663 Filed 03/30/18 Page 7 of 7