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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 647 Filed 03/23/18 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 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

Qualcomm received an additional production from Apple on March 16, consisting of 

12,792 documents. This production included documents from the custodial files of four Apple 

witnesses who had already been deposed, namely Ms. Mahe and Messrs. Schafer, Schell and 

Watrous. Qualcomm reserves the right to seek additional deposition time with these witnesses 

based on these documents and any other documents that Qualcomm was not reasonably able to 

review and use at deposition because of the timing of production.

Pursuant to the Court’s March 7 order relating to Qualcomm’s challenge to Apple’s 

clawback of certain documents, Apple provided Qualcomm with two declarations relating to the 

clawed back documents. One of those declarations refers to documents from the mediation at 

issue that Qualcomm cannot locate in Apple’s production. Qualcomm has asked Apple to 

produce the documents referenced in the declaration or, if they have already been produced, to 

identify them by Bates number.

Case 5:17-cv-00220-LHK Document 647 Filed 03/23/18 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

II. Apple’s Privilege Log

A. Qualcomm’s Position

March 16 Order. Qualcomm is assessing Apple’s log in light of the principles articulated 

in the Court’s March 16 Order (ECF No. 627) and will continue to meet and confer with Apple on 

that issue, pursuant to the Order. 

Clawbacks. As set forth in the March 16 Status Report (ECF No. 629), Qualcomm 

challenges Apple’s clawback of two substantively identical documents, Bates numbered APLQC-FTC_22482289-96 and AAPL-FTC-00004898-4906 (the “Documents”). Qualcomm 

respectfully refers the Court to the relevant portion of the March 16 Status Report and would be 

pleased to provide any further information that the Court would find useful, such as copies of the 

Documents and/or the declarations referenced in the Status Report.

In addition, since the March 16 Status Report, Apple clawed back three additional 

documents. In total, Apple has now sent 13 clawback letters, of which 12 were sent immediately 

before or even during the scheduled depositions of Apple’s witnesses. Apple’s clawbacks total 

441 documents, the majority of which were produced to Qualcomm following the Court-ordered 

date for substantial completion of Apple’s production, as part of Apple’s rolling productions of 

documents that were originally withheld and logged as privileged and then “downgraded” after 

further review. (ECF No. 602.) With the benefit of the Court’s rulings on March 7, Qualcomm is 

continuing to assess whether there are other clawback-related disputes to be raised with Apple. If 

so, the parties will meet and confer and, if necessary, bring the issue before the Court.

Documents Not Properly Withheld. On March 2, 2018, Qualcomm identified for Apple 

728 entries on Apple’s privilege log that Qualcomm does not believe can be withheld as 

privileged, based on the fact that certain third parties sent and/or received the documents. On a 

March 13, 2018 meet and confer, Apple advised that it was continuing to review the documents 

and expected complete that review by March 17, 2018, and would then produce any nonprivileged documents and identify the documents Apple intends to continue to withhold as 

Case 5:17-cv-00220-LHK Document 647 Filed 03/23/18 Page 3 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

privileged. Qualcomm has inquired about the status of those documents but Apple has not 

provided any further information.

Nonresponsive Documents. Qualcomm has not yet received the list of documents that 

Apple deemed non-responsive in the course of revising its privilege log, which it first requested 

from Apple on February 23, and which the Court on March 7 ordered Apple to produce. (ECF 

No. 602.) The delay in producing this list has prejudiced Qualcomm’s ability to raise any 

challenges that may be warranted in time to receive any additional documents for use at 

depositions, and Qualcomm respectfully requests the Court order Apple to produce this list 

forthwith.

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 logs, but because the documents are non-responsive, is not 

producing the downgraded documents. Apple is in the process of finalizing a log identifying such 

entries.

Other Issues. Apple will meet and confer with Qualcomm regarding Apple and 

Qualcomm’s privilege logs, as directed in the Court’s March 16 Order (ECF No. 627), and 

regarding other privilege-related issues raised by Qualcomm. 

//

//

//

Case 5:17-cv-00220-LHK Document 647 Filed 03/23/18 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 23, 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 647 Filed 03/23/18 Page 5 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

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 647 Filed 03/23/18 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 647 Filed 03/23/18 Page 7 of 7