`Case 2:20-cv-02250-JAK-SK Document 1-4 Filed 03/09/20 Page 1 of 3 Page ID #:50
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`EXHIBIT D
`EXHIBIT D
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`Case 2:20-cv-02250-JAK-SK Document 1-4 Filed 03/09/20 Page 2 of 3 Page ID #:51
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`From: AppStoreNotices <AppStoreNotices@apple.com>
`Date: Mon, Mar 2, 2020 at 4:32 PM
`Subject: Apple Inc. (our ref# APP125266) Notice of Complaint
`To: <eric.buehl@quibi.com>, <robert.kelly@quibi.com>, <meg@quibi.com>,
`<sean.liu@quibi.com>, <mark.turner@quibi.com>, <baptiste@quibi.com>,
`<will.lu@quibi.com>, <lindsay.wyler@quibi.com>, <marvin.guerra@quibi.com>,
`<guy@quibi.com>, <Chris.spaulding@quibi.com>, <joe@quibi.com>
`Cc: <DMello@goodwinlaw.com>
`
`
`Dear Sir or Madam,
`
`**Please include APP125266 in the subject line of any future correspondence on this matter.**
`
`On 3/2/2020, we received a notice from Eko (Goodwin Procter LLP) ("Complainant") that
`Complainant believes the app listed below infringes its intellectual property rights. In particular,
`Complainant believes you are infringing its patent. Please see their comments below.
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`Developer: Quibi Holdings, LLC
`Provider: Quibi Holdings, LLC
`App Title: Quibi: New Episodes Daily
`Apple ID: 1449048178
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`Comments from Complainant: Quibi violates Eko's rights by creating an app that uses
`technology that infringes Eko's patents and was created using information constituting
`misappropriated trade secrets. This app is currently available for pre-download.
`-
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`You can reach Complainant through Daniel Mello (email: DMello@goodwinlaw.com), copied
`on this email. Please exchange correspondence directly with Complainant.
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`We look forward to receiving written assurance that your application does not infringe
`Complainant's rights, or that the parties are taking steps to promptly resolve the matter. Please
`keep us apprised of your progress.
`
`Please note that during the course of this matter:
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`1. Correspondence to Apple must include the reference number noted above in the subject line
`and copy the other party. All correspondence sent to Apple may be shared with the other party.
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`2. Written assurance of rights may include confirmation that your application does not infringe
`Complainant's rights, an express authorization from Complainant, or other evidence acceptable
`to Apple, and should include documentation wherever possible.
`
`3. Should you choose to remove your application (for example, while you make any necessary
`changes), visit App Store Connect at https://appstoreconnect.apple.com and access your app in
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`Case 2:20-cv-02250-JAK-SK Document 1-4 Filed 03/09/20 Page 3 of 3 Page ID #:52
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`the Manage Your Application module.
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` •
`
` Access your app in the "My Apps" module
`• Click on the "Pricing and Availability" tab from the App Summary Page and select "Edit"
`by "Availability"
`• Select and deselect "All" territories to uncheck all App Store territories
`• Click on the "Done" button
`
`4. Developers with a history of allegations of repeat infringement, or those who misrepresent
`facts to Apple and/or the Complainant are at risk of termination from the Developer Program.
`
`5. Failure to respond to the Complainant or to take steps toward resolving a dispute may lead to
`removal of the app(s) at issue as in violation of the App Store Review Guidelines and/or the iOS
`Developer Program License Agreement. Please keep Apple apprised of your progress.
`
`Thank you for your immediate attention.
`
`Sincerely,
`
`James
`
` (cid:31)
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`
` Apple Legal Apple One Apple Park Way Cupertino, CA
`95014 AppStoreNotices@apple.com
`The information in this e-mail and any attachment(s) is intended solely for the personal and
`confidential use of the designated recipients. This message may be an attorney-client
`communication protected by privilege. If you are not the intended recipient, you may not
`review, use, copy, forward, or otherwise disseminate this message. Please notify us of the
`transmission error by reply e-mail and delete all copies of the message and any attachment(s)
`from your systems. The use of the sender's name in this message is not intended as an electronic
`signature under any applicable law. Thank you.
`
`
`
`
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