Case 5:19-cv-00036-RWS Document 319-1 Filed 05/06/20 Page 1 of 6 PageID #: 10395
`Case 5:19-cv-00036—RWS Document 319-1 Filed 05/06/20 Page 1 of 6 PageID #: 10395
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`EXHIBITS A-J
`EXHIBITS A-J
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`Case 5:19-cv-00036-RWS Document 319-1 Filed 05/06/20 Page 2 of 6 PageID #: 10396
`Case 5:19-cv-00036-RWS Document 319-1 Filed 05/06/20 Page 2 of 6 PageID #: 10396
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`Filed Under Seal
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`Confidential — Attorneys’ Eye Only
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`Exhibit A: Excerpts of Apple Inc.’s 3/5/2020 Second Amended Initial and Additional Disclosures
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`Pages 4, 14:
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`D.
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`Persons Having Knowledge of Relevant facts
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`Apple is currently aware of the following persons likely to have discoverable information
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`that Apple may use to support its claims or defenses in this action excluding those individuals
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`who may have discoverable information that Apple may use solely for impeachment. Apple
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`anticipates that other individuals may also have discoverable information and specifically reserves
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`the right to identify additional witnesses as discovery proceeds. By indicating the general subject
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`matter of information an individual may possess. Apple does not limit its right to call that
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`individual to testify concerning other subjects or agree that all topics Within a subject matter would
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`be relevant. Apple‘s identification of an individual in these disclosures is not a representation by
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`Apple regarding Whether such individual will appear at trial.
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`Mr. Patrick Murphy
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`Pages 25—26:
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`The below identified persons are employed by Apple and may be contacted only through
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`Apple‘s counsel at O'Melveny S: Myers. Two Embarcadero Center. 28th Floor. San Francisco.
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`California 94111. (415) 984—8700.
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`Name
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`Chris Vem’ymeren
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`Marc Krochnial
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`Alex Ledivith
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`Frank Casanova
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`Heather Metres
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`Michael Jaynes
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`BI Watrous
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`Case 5:19-cv-00036-RWS Document 319-1 Filed 05/06/20 Page 3 of 6 PageID #: 10397
`Case 5:19-cv-00036-RWS Document 319-1 Filed 05/06/20 Page 3 of 6 PageID #: 10397
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`Filed Under Seal
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`Confidential - Attomeys‘ Eye Only
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`Exhibit B: Excerpt of 3/5/20 Email from M. Pensabene to T. Miller
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`Tiffany,
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`Below is an additional witness designated to testify in response to Maxell‘s Rule 30(b)(6) notice to Apple:
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`0 March 24 - BJ Watrous; OMM—SV
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`The general subject matter of his testimony will be— Pursuant to our agreement,
`Apple will make its best efforts to identify the specific topics for Mr. Watrous one week before the deposition.
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`We will provide dates for other witnesses as they are identified.
`proceed on this date.
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`In the meantime, please confirm that Maxell will
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`Best
`Marc
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`Exhibit C: Excer ts of 2/21/20 Nakamura De osition
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`Case 5:19-cv-00036-RWS Document 319-1 Filed 05/06/20 Page 4 of 6 PageID #: 10398
`Filed Under Seal
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`Confidential - Attorneys’ Eye Only
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`Exhibit D: U.S. Embassy & Consulates in Japan: Depositions in Japan
`https://jp.usembassy.gov/u-s-citizen-services/attorneys/depositions-in-japan/#dep (last visited April 30, 2020)
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`Case 5:19-cv-00036-RWS Document 319-1 Filed 05/06/20 Page 5 of 6 PageID #: 10399
`Filed Under Seal
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`Confidential - Attorneys’ Eye Only
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`Exhibit E: U.S. Department of State: Bureau of Consular Affairs
`https://travel.state.gov/content/travel/en/traveladvisories/ea/travel-advisory-alert-global-level-4-health-advisory-
`issue.html (last visited April 30, 2020)
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`Exhibit F: Ministry of Foreign Affairs of Japan
`https://www.mofa.go.jp/ca/fna/page4e_001053.html (last visited April 30, 2020)
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`. . .
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`Case 5:19-cv-00036-RWS Document 319-1 Filed 05/06/20 Page 6 of 6 PageID #: 10400
`Case 5:19-cv-00036—RWS Document 319-1 Filed 05/06/20 Page 6 of 6 PageID #: 10400
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`Filed Under Seal
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`Confidential - Attorneys’ Eye Only
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`Exhibit G: Excerpt of 3/14/20 Email from L. Simmons to J. Beaber
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`Apple is sensitive to the unprecedented health issues presented by COVID—19 and is mindful of the current guidance
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`from federal, state and local authorities and its own current corporate guidance. Apple also understands that, based
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`at least on Judge Gilstrap’s recent order in St. Lawrence v. Amazon regarding COVlD-19 (attached), the parties are
`expected to work together to address COVlD-19 issues on existing schedules and within existing deadlines and
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`schedule extensions are not guaranteed, even with mutual agreement. Our firm is not currently under any domestic
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`travel restriction and we understand that neither is Mayer Brown, but if that's not correct, please let me know.
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`As I explained to you during our call on Friday, our current view is that we can still proceed with the depositions
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`according to the current schedule, even in view of COVlD-19, with the three exceptions already being discussed
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`(Frank Casanova, Alexei Kosut, and Patrick Murphy Apple is prepared to move forward with that schedule and that
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`is why we agreed to keep the current 3/31 fact discovery deadline in place, as Maxell had requested.
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`Exhibit H: Excerpt of 4/10/20 Email from L. Simmons to T. Fussell
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`Apple continues to believe that a longer extension ofthe schedule is necessary for a number of reasons, including COVID-19 and those
`described in our 3/31 letter — and we’ll want to discuss such an extension soon. But as a stop-gap measure to address deposition
`scheduling complications, Apple will agree to a one-week extension subject to the following clarifications; please let us know if Maxell
`agrees:
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`0
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`The parties agree to extend the fact deposition deadline to April 30, and push expert disclosure/discovery deadlines by the
`same amount;
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`0
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`The parties will provide dates fortheir respective, remaining Rule 30(b)(6) deponents, and Maxell will provide a date for Mr.
`Loudermilk such that all such depositions occur no later than April 30;
`- Maxell agrees that Apple may take the deposition of Patrick Murphy, who resides in Japan, out of time. Because of travel
`restrictions and Japanese law precluding remote depositions, Apple remains unable to do so;
`- Maxell agrees to withdraw its existing Rule 30(b)(1) notices for Apple’s non—Rule 30(b)(5) witnesses; and
`0 Apple withdraws its 3/5 designation of Bl Watrous as a 30(b)(6) witness (as set forth in our 4/8 email, Heather Mewes will be
`Apple’s witness for_ Due to Mr. Watrous’ involvement in Apple’s COVlD-19 response, he cannot be made
`available for deposition anytime soon.
`If Apple intends to call Mr. Watrous to testify at trial, we will give Maxell an opportunity
`to take his deposition after the pandemic subsides.
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`Exhibit I: Excerpt of 4/10/20 Email from T. Fussell to L. Simmons Responding to Exhibit H
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`Thank you for putting this together. Maxell can agree to all the conditions but one—the request to take Patrick
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`Murphy's deposition out of time. He wasn't noticed/subpoenaed in any way as a witness before March 31,
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`whether as a 30(b)(1), 30(b)(6), or third party. The extended period for depositions was to enable the noticed
`depositions to take place. Adding Mr. Murphy’s deposition would be to allow a new witness, which would defeat
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`the purpose of trying to complete fact discovery. If Apple agrees to eliminate this single condition, then we have
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`agreement subject to our previous request that we can begin source code review early next week.
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`Exhibit J: Excerpt of 5/1/20 Meet and Confer Rough Transcript at 9:15—18
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