Skynet Electronic Co., Ltd v. Flextronics International, LTD.

Filing 112

STIPULATED DISCOVERY ORDER by Hon. William Alsup granting 111 Stipulation.(whalc1, COURT STAFF) (Filed on 1/8/2014)

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DANIEL J. BERGESON, Bar No. 105439
[e-mail]
JAIDEEP VENKATESAN, Bar No. 211386
[e-mail]
KYUNG M. LEE, Bar No. 262128
[e-mail]
BERGESON, LLP
303 Almaden Boulevard, Suite 500
San Jose, CA 95110-2712
Telephone: [phone]
Facsimile: [phone]
ANDREWS KURTH LLP
Frederick S. Frei (Admitted Pro Hac Vice)
[e-mail]
Sean S. Wooden (Admitted Pro Hac Vice)
[e-mail]
Robert A. Gutkin, Bar No. 119781
[e-mail]
Leasa Woods Anderson (Admitted Pro Hac Vice)
[e-mail]
Aldo Noto (Admitted Pro Hac Vice)
[e-mail]
1350 I Street NW, Suite 1100
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff/Counter-Defendant
SKYNET ELECTRONIC CO., LTD.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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SKYNET ELECTRONIC CO., LTD.,

Case No. CV-12-6317-WHA

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Plaintiff/Counter-Defendant,
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v.
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FLEXTRONICS INTERNATIONAL, LTD. and
POWER SYSTEMS TECHNOLOGIES LTD.,

STIPULATED DISCOVERY ORDER

Defendants/Counter-Claimants.

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STIPULATED DISCOVERY ORDER

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It is hereby Ordered:

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1.

With respect to Skynet interrogatory 20(c), but limited only to chargers, by January 8,

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2014, Flextronics shall advise as to the number of chargers it has manufactured that have

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two switches on the primary side of the transformer in the flyback circuit and, shall

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provide the model numbers of any such chargers and identify those chargers that have

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been sold since the filing of the Complaint. Flextronics shall produce by January 17,

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2014 circuit diagrams for (a) all such chargers sold or shipped since June 1, 2012 or later

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and (b) all such chargers manufactured since the filing date of the ‘318 patent that

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perform a zero voltage switch.

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2.

Flextronics will advise Skynet by January 8, 2014 as to the existence of contracts,

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statements of works, specifications, and/or scopes of work with Apple, Foxconn and

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Amazon, other than agreements produced prior to the date of this Order (such as the

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agreement at Bates numbers FLEX0036890-FLEX0036927), related to the accused

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products and, if there are any, produce them by January 17, 2014. Throughout this Order,

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“accused products” shall mean the accused products listed in the most recent amended

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version of the Complaint, components and circuitry thereof, and all such chargers

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identified in 1(b) of this Order, if any.

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3.

Flextronics shall advise Skynet by January 8, 2014 as to the availability of purchase

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orders, invoices, bills of sale, shipping information, bills of lading and forecasts relating

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to the accused Apple and Amazon chargers, including chargers shipped to Ensky and the

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parallel shipping entity for Amazon chargers, and shall produce, by January 17, 2014: (a)

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all such documents dated September 1, 2012 or later and (b) all such documents on a

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once per month basis from the beginning of life of such accused products until September

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1, 2012.

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4.

Flextronics shall search for confidentiality or non-disclosure agreements with third

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parties involved in the development of the circuitry and/or production of component parts

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of the circuitry of the accused products and, by January 10, 2014, advise Skynet as to the

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existence of any such agreements and, if they exist, produced them by January 17, 2014.
STIPULATED DISCOVERY ORDER

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5.

Flextronics shall collect the emails of Bahman Sharifipour, Mark Telefus, Rowell Gapuz,

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and Subash Bagga. Flextronics shall produce all relevant emails relating to the accused

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products from Sharifipour and Bagga by January 8, 2014. Flextronics will also search for

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electronic and other documents relating to the accused products from these custodians

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and produce those documents and any remaining emails relating to the accused products,

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including all relevant emails from Telefus and Gapuz, by January 17, 2014.

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6.

Flextronics shall collect responsive emails and other responsive documents, electronic or

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otherwise, of Ted Jackson and Bill Leunis relating to the accused products and complete

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its investigation of the possibility of obtaining Arian Jansen’s emails and Arian Jensen’s

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electronic and hardcopy documents. Flextronics shall produce all such documents by

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January 17, 2014.

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7.

By January 8, 2014, Flextronics shall provide a description of the position of the

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following individuals and their involvement if any in either the design/development of

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the circuitry or negotiations/sales of the accused products: Hong Wei Du, Michael Chen,

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Manny Marimuthu, Mark Medlen, Norman Hsu, Laura Wen, Kindson Tang, Christian

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Taoatao, Linling Zhang, Bin Li Tommy, Cherub Wang, Victor Gan, Pansy Chen, Lily

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Jiang, Sunny Sheng, Martin Kon, and Ty Lai. Flextronics will produce responsive emails

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and other documents from relevant individuals that are (a) related to the design or

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development of the circuitry of the accused products, (b) related to negotiations involving

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or sales of the accused products, or (c) specific meetings, events, documents or

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communications identified by Skynet by January 17, 2014.

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8.

Flextronics shall advise Skynet by January 8, 2014 as to the availability of solicitations,

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RFQs and RFPs (whether formal or informal), responses to solicitations such as RFQs

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and RFPs (whether formal or informal), and communications prior and related to

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contracts entered with and from Apple and Amazon relating to the accused Apple and

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Amazon chargers and produce these documents by January 17, 2014.

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9.

Flextronics shall follow-up on its searches for relevant organizational charts and produce
any such charts by January 10, 2014. In a letter, Skynet shall provide Flextronics a

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detailed request for a description of Flextronics’ entities, their relationship to the parties,

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and a description of which entities were and/or are involved in the development, design,

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sale, marketing, distribution, delivery and production of the accused products by January

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2, 2014. This request shall not count as one of Skynet’s interrogatories. Flextronics shall

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respond to the detailed request with a complete answer by January 13, 2014 and will

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swear to and verify this response by January 30, 2014.

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10.

Flextronics shall provide the following information and documents by the dates

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indicated:

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whether Flextronics is shipping cables to Foxconn along with the accused Apple

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and/or Amazon chargers - by January 17, 2014; if shipping cables to Foxconn

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along with the charges, Flextronics will produce documents relevant to such

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cables, including documents showing the costs of such cables, quantity purchased

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and sold, and the amount paid to Flextronics for such cables by January 24, 2014;

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the existence of any licensing in or out of relevant technology - by January 17,

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2014; if any such licensed technology exists, Flextronics shall produce all relevant

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licenses and related communications by January 24, 2014;

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

Documents related to the conception and patenting of the invention described in

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Flextronics’ U.S. Patent No. 7,924,578 and/or U.S. Provisional Patent Application

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Serial No. 60/773,765 by January 17, 2014.

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

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any requests for UL approval for the accused products, including all documents
submitted therewith shall be produced by January 17, 2014;

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communications with Lab126, FoxConn, and Ensky relating to the accused Apple

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and Amazon chargers shall be produced by Flextronics by January 24, 2014 and

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relating to all other accused products shall be produced by Flextronics by January

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31, 2014; and

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

all agreements with Ensky relating to the accused Apple and Amazon chargers
shall be produced by Flextronics by January 17, 2014.

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Flextronics shall produce all additional prior art in support of its invalidity contentions by
January 17, 2014.

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By January 8, 2014 Flextronics shall investigate and communicate to Skynet the

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existence of a custom made Flex01 chip by ST Micro and the availability such items as

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specifications, purchase orders, and correspondence concerning the design of any such

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chip. Flextronics shall produce such documents by January 17, 2014.

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13.

Flextronics shall inquire as to relevant information regarding the Kodak, Palm, and HP

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chargers, including schematics, specifications, and sales data. Flextronics shall update

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Skynet regarding this inquiry by January10, 2014. Flextronics shall produce such

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documents by January 17, 2014.
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Flextronics shall provide a complete answer, by January 17, 2014, that of the accused

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products, only those provided to Amazon and Apple have had sales of more than 20,000

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units. Such answer shall identify the person most knowledgeable of these facts and

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declaration from that person that these facts are true to the best of that person’s

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knowledge.

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15.

Flextronics shall supplement the sales data (including number of units sold, cost per unit

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and amount received per unit) for the accused Apple charger to the present, including

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sales to Ensky, by January 17, 2014, and update the sales information one week prior to

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the close of fact discovery.

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16.

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Flextronics and Skynet have stipulated to their discovery agreement of December 26,
2013 being entered as an order by the Court.

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Flextronics agrees not to oppose a one (1) month extension of Skynet’s discovery cut-off
if requested by Skynet.

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STIPULATED DISCOVERY ORDER

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Date: January 7, 2014

Respectfully submitted,
__/s/ Jaideep Venkatesan________
BERGESON, LLP
Daniel J. Bergeson
Jaideep Venkatesan
Kyung M. Lee
303 Almaden Blvd., Suite 500
San Jose, CA 95110-2712
Telephone: [phone]
Facsimile: [phone]

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ANDREWS KURTH LLP
Frederick S. Frei (pro hac vice)
Sean S. Wooden (pro hac vice)
Leasa Woods Anderson (pro hac vice)
Aldo Noto (pro hac vice)
1350 I Street NW, Suite 1100
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff/Counter-Defendant
SKYNET ELECTRONIC CO., LTD.

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Pursuant to L.R. 5-1(i)(3), the above signatory attests that concurrence in the filing of this
document has been obtained from the signatory below.
Date: January 7, 2014

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__/s/ Thomas L. Anastos________
ULMER & BERNE, LLP
Eric J. Gribbin
500 W. Madison Street
Suite 3600
Chicago, IL 60661-4587
CA Bar No. 205877
Telephone: [phone]
Facsimile: [phone]
[e-mail]
James L. Weinberg (pro hac vice)
Thomas L. Anastos (pro hac vice)
Skylight Office Tower
1660 West 2nd Street, Suite 1100
Cleveland, OH 44113
Telephone: [phone]
Facsimile: [phone]

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STIPULATED DISCOVERY ORDER

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Attorneys for Defendants/Counter-Claimants
FLEXTRONICS INTERNATIONAL, LTD. and
POWER SYSTEMS TECHNOLOGIES LTD.

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Judge W

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________________________________
VED
The Honorable O
APPR William Alsup
United States District Judge

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January 8
Dated: ______________, 2014

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ISTRIC
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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STIPULATED DISCOVERY ORDER

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