Unwired Planet, LLC v. Apple, Inc.

Filing 273

REDACTED STIPULATION AND ORDER RE RESOLUTION OF re 262 Letter (Motion to Compel) filed by Unwired Planet, LLC. Signed by Judge Joseph C. Spero on 11/7/14. (klhS, COURT STAFF) (Filed on 11/7/2014)

REDACTED VERSION OF DOCUMENT SOUGHT TO BE SEALED
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Courtland L. Reichman, SBN 268873
[e-mail]
MCKOOL SMITH HENNIGAN, P.C.
255 Shoreline Drive, Suite 510
Redwood Shores, CA 94065
Telephone: [phone]
Fax: [phone]
Theodore Stevenson III (pro hac vice)
[e-mail]
300 Crescent Court, Suite 1500
MCKOOL SMITH, P.C.
Dallas, Texas 75201
Telephone: [phone]
Fax: [phone]
Kevin Burgess (pro hac vice)
[e-mail]
John B. Campbell (pro hac vice)
[e-mail]
MCKOOL SMITH, P.C.
300 W. 6th St., Suite 1700
Austin, Texas 78701
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff

Josh Krevitt
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
200 Park Ave., New York, NY 10166-0193
Telephone: [phone]
Fax: [phone]
H. Mark Lyon
[e-mail]
Y. Ernest Hsin
[e-mail]
Stuart Rosenberg
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
1881 Page Mill Rd.
Palo Alto, CA 94304-1211
Telephone: [phone]
Fax: [phone]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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UNWIRED PLANET LLC, a Nevada limited
liability company,

3:13-cv-04134-VC (JCS)

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CIVIL ACTION NO.

Plaintiff,
v.

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APPLE INC., a California corporation,

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STIPULATION OF
RESOLUTION OF
UNWIRED PLANET’S
MOTION TO COMPEL
(DKT. NO. 262)

Defendant.

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Case No. 3:13-CV-04134-VC (JCS)

STIPULATION OF RESOLUTION OF UNWIRED
PLANET’S MOTION TO COMPEL

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Pursuant to the Court’s Order on November 6, 2014 (Dkt. No. 270), Plaintiff Unwired Planet

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LLC (“Unwired Planet”) and Defendant Apple Inc. (“Apple”), by and through their designated

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counsel, respectfully submit this Stipulation of Resolution of Unwired Planet’s Motion to Compel

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(Dkt. No. 262). The parties conducted a meet-and-confer on November 5, 2014, and addressed the

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requests that Unwired Planet considered to be outstanding from its letter of October 14, 2014 (see

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Dkt. No. 262-7, Lu Decl., Ex. A). The parties resolved any remaining disputes regarding these

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requests, which in turn resolves Unwired Planet’s motion, by reaching the following agreements and

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understandings:

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1.

Request 9(b): Apple confirmed that, to the best of its understanding, the “AppKit” code
Apple produced is for the Mac OSX platform, and not for iOS. Unwired Planet agreed that
this information satisfies request 9(b).

2.

Requests 9(d), 22, 24, and 21: Apple will supplement by producing client-side and serverside code for Find My iPhone and iTunes related to APNS to the extent not already
produced. Unwired Planet confirms that it is no longer seeking any additional code in
response to these requests other than the aforementioned Find My iPhone and iTunes code.

3.

Request 4(c): Apple agrees to produce the code for request 4(c), which has been updated by
Unwired Planet to reflect the correct name of the requested function.

4.

Requests 4(a) and 4(b) have been produced.

5.

Request 16(d) has been produced. Apple contends requests 16(a)-(c) have been produced,
but Unwired Planet believes code invoking the functions has not been produced, but agrees
to continue its analysis of the produced code in that regard. If it is confirmed that code
responsive to request 16(a)-(c) has not yet been produced, Apple agrees to produce it. With
regard to 16(e), Apple represents there is no code invoking that function based on its current
understanding of the code.

6.

Request 14 (in connection with Unwired Planet’s 10/16/2014 email): Apple will supplement
its production of
code and agrees that the total produced
code is fairly
representative of the time frame that Unwired Planet accuses of infringement, such
agreement to be negotiated and formally documented by the parties under separate cover.
Apple will provide the approximate dates that the versions of
code that Apple has made
available for inspection went into production if that information is not apparent in the source
code itself. Based on the above understanding, Unwired Planet confirms that it is no longer
seeking additional versions of
code.

7.

Request 19: Unwired Planet indicated that requests 19(a)-(c) have been satisfied, but that
19(d) is outstanding. Apple explained that it believes code for 19(d) was produced already.

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-1Case No. 3:13-CV-04134-VC (JCS)

STIPULATION OF RESOLUTION OF UNWIRED
PLANET’S MOTION TO COMPEL

Unwired Planet agrees to continue its analysis of the produced code in this regard. If it is
confirmed that code responsive to request 19(d) has not yet been produced, Apple agrees to
produce it.

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Requests 2 & 30: Apple will produce native files for requests 2 & 30.

9.

Request 29: Apple will produce code corresponding to request 29.

10.

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8.

Request 23: Apple has produced responsive code that satisfies this request as it relates to
. Apple also confirmed to the best of its current understanding that it has produced
the complete source code for the client-side iTunes app. The remainder of request 23 has
been resolved in connection with the parties’ agreement mentioned above with respect to
requests 9(d), 22, 24, and 21,

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Requests 6-8: Apple has agreed to produce code responsive to this request but has
encountered technical difficulties due to archiving, and will produce the code within 10 days
of the parties’ meet and confer.

12.

Request 11:
a.
Apple has produced client-side code responsive to this request for Safari, Siri, Find My
iPhone, Find My Friends, Camera, and “location database harvesting.” Unwired
Planet indicated that it had not located the client-side code for Camera and Find My
Friends that Apple has made available, and Apple agreed to provide the folder names
corresponding to that code.
b.
Apple agrees to produce supplemental client-side code responsive to this request for
Find My Friends.
c.
For server-side code, Apple represents that it will produce the server-side code for Find
My iPhone and Find My Friends.
d.
For client-side code for Maps, Compass, and Genius for Apps, Apple confirmed that it
has that production in process.
e.
For “iCloud,” Apple represents that, to the best of its current understanding, there is no
separate “iCloud” code for interacting with Location Services.
f.
Apple represents that, to the best of its current understanding, it has produced
framework code for
and Weather, and will produce the
framework code for Map Kit. Unwired Planet agrees that it is withdrawing its request
for the framework code for Social and
in exchange for Apple agreeing
to produce a Rule 30(b)(6) witness to testify as to the interaction between those
frameworks and Location Services.

13.

Request 25: Apple has produced responsive code that satisfies this request.

14.

Request 27: Unwired Planet agrees to withdraw this request in exchange for Apple agreeing
to produce a Rule 30(b)(6) representative to testify as to whether third-party chips on iOS
devices provide inputs to or receives inputs from the Core Location framework, and if they
do, to provide an explanation of such functionality.

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Case No. 3:13-CV-04134-VC (JCS)

STIPULATION OF RESOLUTION OF UNWIRED
PLANET’S MOTION TO COMPEL

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Dated: November 6, 2014

MCKOOL SMITH HENNIGAN, P.C.

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By /s/ John B. Campbell, Jr.
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Courtland L. Reichman (SBN 268873)
[e-mail]
MCKOOL SMITH HENNIGAN, P.C.
255 Shoreline Drive, Suite 510
Redwood Shores, CA 94065
Telephone:[phone]
Facsimile: [phone]

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Theodore Stevenson III (pro hac vice)
[e-mail]
McKool Smith, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone:[phone]
Fax:
[phone]

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Kevin Burgess (pro hac vice)
[e-mail]
John B. Campbell (pro hac vice)
[e-mail]
Kevin Kneupper (pro hac vice)
[e-mail]
McKool Smith, P.C.
300 W. 6th St., Suite 1700
Austin, Texas 78701
Telephone:[phone]
Fax:
[phone]

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ATTORNEYS FOR PLAINTIFF UNWIRED
PLANET LLC

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Case No. 3:13-CV-04134-VC (JCS)

STIPULATION OF RESOLUTION OF UNWIRED
PLANET’S MOTION TO COMPEL

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Dated: November 6, 2014

GIBSON, DUNN & CRUTCHER LLP

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By: Y. Ernest Hsin

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Josh Krevitt
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
200 Park Ave.
New York, NY 10166-0193
Telephone:[phone]
Facsimile: 212.351.4035

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H. Mark Lyon
[e-mail]
Y. Ernest Hsin
[e-mail]
Stuart Rosenberg
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
1881 Page Mill Rd.
Palo Alto, CA 94304-1211
Telephone: [phone]
Facsimile: 650.849.5333

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ATTORNEYS FOR DEFENDANT APPLE INC.

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Case No. 3:13-CV-04134-VC (JCS)

STIPULATION OF RESOLUTION OF UNWIRED
PLANET’S MOTION TO COMPEL

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ATTESTATION OF CONCURRENCE IN FILING
In accordance with the Northern District of California’s General Order No. 45, Section X(B),

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I attest that concurrence in the filing of the document has been obtained from Steven Kalogeras.

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Dated: November 6, 2014

MCKOOL SMITH HENNIGAN, P.C.

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By /s/ John B. Campbell, Jr.

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Courtland L. Reichman (SBN 268873)
[e-mail]
MCKOOL SMITH HENNIGAN, P.C.
255 Shoreline Drive, Suite 510
Redwood Shores, CA 94065
Telephone:[phone]
Facsimile: [phone]

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Theodore Stevenson III (pro hac vice)
[e-mail]
McKool Smith, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone:
[phone]
Fax:
[phone]

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Kevin Burgess (pro hac vice)
[e-mail]
John B. Campbell (pro hac vice)
[e-mail]
Kevin Kneupper (pro hac vice)
[e-mail]
McKool Smith, P.C.
300 W. 6th St., Suite 1700
Austin, Texas 78701
Telephone:
[phone]
Fax:
[phone]g

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Dated: 11/7/14

UNIT
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PLANET LLC

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Case No. 3:13-CV-04134-VC (JCS)

STIPULATION OF RESOLUTION OF UNWIRED
PLANET’S MOTION TO COMPEL