Elan Microelectronics Corporation v. Apple, Inc.

Filing 210

Declaration of Palani P. Rathinasamy in Support of 209 MOTION to Compel Apple to Supplement Its Response to Elan's Interrogatory No. 13 filed byElan Microelectronics Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B-MFN, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E-MFN, # 6 Exhibit F-MFN, # 7 Exhibit G-MFN, # 8 Exhibit H-MFN, # 9 Exhibit I-MFN, # 10 Exhibit J-MFN, # 11 Exhibit K, # 12 Exhibit L-MFN, # 13 Exhibit M-MFN)(Related document(s) 209 ) (Rathinasamy, Palani) (Filed on 5/24/2011)

EXHIBIT A

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Yitai Hu (SBN 248085) ([e-mail])
Sean P. DeBruine (SBN 168071) ([e-mail])
Elizabeth H. Rader (SBN 184963) ([e-mail])
Jane Han Bu (SBN 240081) ([e-mail])
Tsai-Yu (April) Chen (SBN 264523) ([e-mail])
Jennifer Liu (SBN 268990) ([e-mail])
ALSTON & BIRD LLP
275 Middlefield Road, Suite 150
Menlo Park, California 94025
Telephone:
650-838-2000
Facsimile:
650-838-2001
Attorneys for Plaintiff and Counterdefendant
ELAN MICROELECTRONICS CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ELAN MICROELECTRONICS
CORPORATION,

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Plaintiff and Counterdefendant,

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v.
APPLE, INC.,

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Case No. 09-cv-01531 RS
PLAINTIFF ELAN
MICROELECTRONICS
CORPORATION’S SECOND SET OF
INTERROGATORIES TO DEFENDANT
APPLE INC. [Nos. 13-15]

Defendant and Counterplaintiff.

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AND RELATED COUNTERCLAIMS

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PROPOUNDING PARTY: Plaintiff ELAN MICROELECTRONICS CORPORATION
RESPONDING PARTY:

Defendant APPLE INC.

SET NUMBER:

TWO

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PLAINTIFF ELAN MICROELECTRONICS CORPORATION’S
SECOND SET OF INTERROGATORIES TO DEFENDANT
APPLE INC.

Case No. 09-cv-01531 RS

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TO DEFENDANT APPLE, INC. AND ITS ATTORNEYS OF RECORD:

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Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Plaintiff Elan

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Microelectronics Corporation (“Elan”) by and through its attorneys, requests that Defendant

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Apple, Inc. (“Apple”) answer the following interrogatories under oath within thirty (30) days of

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service.
DEFINITIONS

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A.

The term “Plaintiff” or “Elan “refers to Elan Microelectronics Corporation and its

subsidiaries and divisions.
B.

The term “Defendant” or “Apple” shall mean Defendant Apple, Inc., and its

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subsidiaries and divisions, all predecessors, successors and assigns of the foregoing, and all

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officers, directors, employees, managing agents, consultants, attorneys and others under the

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control of any of the foregoing entities.

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C.

The term “Elan Patents,” “Elan’s Patents” or “Plaintiff’s Patents” refers U.S. Patent

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No. 5,825,352 (“the ‘352 patent”) entitled “Multiple Fingers Contact Sensing Method For

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Emulating Mouse Buttons And Mouse Operations On A Touch Sensor Pad,” and U.S. Patent No.

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7,274,353 (“the ‘353 patent”) entitled “Capacitive Touchpad Integrated With Key and

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Handwriting Functions.”

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D.

The term “Apple Patents,” “Apple’s Patents” or “Defendant’s Patents” refers to

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U.S. Patent No. 5,764,218 (“the ‘218 patent”) entitled “Method And Apparatus For Contacting A

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Touch-Sensitive Cursor-Controlling Input Device To Generate Button Values” and U.S. Patent

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No. 7,495,659 (“the ‘659 patent”) entitled “Touch Pad For Handheld Device.”

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E.

“And” and “or” shall be construed conjunctively and disjunctively so as to acquire

the broadest possible meaning.

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F.

The terms “any,” “all” or “each” shall be construed as “any, all and each.”

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G.

The singular and masculine form of a noun or pronoun shall embrace, and shall be

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read and applied as, the plural or the feminine or neuter, as the particular context makes

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appropriate or permits to obtain the broadest possible meaning.

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H.

The use of the singular form of any word shall include the plural and vice versa.

PLAINTIFF ELAN MICROELECTRONICS CORPORATION’S
SECOND SET OF INTERROGATORIES TO DEFENDANT APPLE
INC.

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Case No. 09-cv-01531 RS

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I.

The term “referring,” “relating” or “related” shall mean, without limitation,

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constituting, describing, discussing, embodying, reflecting, or in any way relevant to the particular

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subject matter identified.

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J.

The term “concerning” shall mean comprising, constituting, containing, describing,

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discussing, embodying, evidencing, evincing, identifying, indicating, involving, referring to,

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reflecting, relating to, supporting, or otherwise in any way pertaining directly or indirectly to.

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K.

The term “Patent and Trademark Office” or “USPTO” shall mean, the United

States Patent and Trademark Office.
L.

The term “prosecution,” in relation to a patent or patent application, means all

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proceedings before, and communications with, a patent office relating to a patent, patent

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application, continuation, continuation-in-part, and/or divisional, including, but not limited to,

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interference, reissue, reexamination, opposition, and cancellation proceedings.

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M.

The term “prior art” shall mean all patents, patent applications, publications, other

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references, disclosures, sales, and any other acts or occurrences included within the broadest

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meaning of 35 U.S.C. § 102 and 35 U.S.C. § 103.

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N.

The term “identify,” when used with respect to any natural person, means that the

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following information shall be provided: the person’s full name; present or last known home

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address and telephone number; present or last known business address and telephone number; last

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known title or occupation; and present or last known employer.

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O.

The term “identify,” when used with respect to any legal entity, such as a

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corporation, company, or person other than a natural person, means that the following information

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shall be provided: the entity’s name; the place of incorporation or organization; the principal place

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of business; and the nature of the business conducted by that legal entity.

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P.

The term “identify,” when used with respect to any oral statement means: state the

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name of the speaker, the date of the statement; the place at which the statement was made; the

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person or persons to whom the statement was addressed; if practicable, and otherwise a general

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description of the persons to whom the statement was addressed; the subject matter of the

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statement; and if the statement was memorialized in writing or mechanical or other recording,
PLAINTIFF ELAN MICROELECTRONICS CORPORATION’S
SECOND SET OF INTERROGATORIES TO DEFENDANT APPLE
INC.

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state the date and present location of said writing or mechanical or other recording.
Q.

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The term “identify,” when used with respect to any written document or statement,

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means: state the name of the author; the type of document or writing; the date of the document; the

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addressee; or recipient, if practicable, and otherwise a general description of the persons to whom

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the writing was distributed; the subject matter; and the present location and custodian of the

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original document or thing and any copies thereof. In lieu of such identification, you may attach a

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copy of the writing containing said written statement and refer thereto in your answer.
R.

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The term “communication” shall mean the transmittal of information in the form of

facts, ideas, inquiries or otherwise, orally, in writing, or in any other form.
S.

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The term “document” shall have the broadest meaning permitted by Rule 34(a) of

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the Federal Rules of Civil Procedure, and shall include, without limitation, any tangible

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recordation of information by any means and in any medium, including, but not limited to,

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information that is handwritten, typewritten, printed, recorded, filmed, stored on computer disks or

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electronic databases, e-mail and/or any other tangible recordation discoverable under the Federal

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Rules of Civil Procedure that are in Apple’s possession, custody, or control or to which Apple

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otherwise has access. The term “document” further includes, without limitation, the original, any

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draft, and any non-identical version or copy. Documents having self-stick removable notes shall

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be produced in a manner so that all material on both the note and the document is legible.
T.

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The term “person” shall mean any natural person or any business, firm, association,

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organization, joint venture, partnership, corporation, any legal or governmental entity, or any other

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organization or entity.
U.

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The terms “related patent” and “related patent application” shall mean any parent or

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parent application, any continuation, continuation-in-part, divisional, reissue, or reexamination of

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the identified patent, and any foreign counterpart patent or foreign counterpart patent application

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that discloses or claims all or part of the subject matter disclosed or claimed in the identified

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patent.

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V.

The term “Elan Product(s),” “Elan’s Product(s)” or “Plaintiff’s Product(s)” shall

mean any touch-sensitive input device, or product including such a device made by or sold by
PLAINTIFF ELAN MICROELECTRONICS CORPORATION’S
SECOND SET OF INTERROGATORIES TO DEFENDANT APPLE
INC.

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Case No. 09-cv-01531 RS

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Elan, and any parts, supplies, service or maintenance for such product.
W.

The term “Apple Product(s),” “Apple’s Product(s)” or “Defendant’s Product(s)”

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shall mean any product made by or on behalf of Apple and/or sold by or on behalf of Apple that

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consists of or includes a touch-sensitive input device capable of detecting the simultaneous

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presence of two or more objects, switching between handwriting and key entry modes, or that

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embodies any claim of the Apple Patents, including any parts, supplies, service or maintenance for

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such product.

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Y.

As used herein, the term “related fields” shall mean the fields of technology

involved in or pertaining to a touch pad or pointer device.
INSTRUCTIONS

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A.

Where knowledge, information, or documents in your possession, custody, or

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control is requested or inquired of, the request or inquiry shall include knowledge, information, or

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documents in the possession, custody, or control of each of your agents, employees,

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representatives, Defendant’s attorneys. Whenever an answer to these interrogatories contains

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information that is not based upon your personal knowledge, state the source and the nature of

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such information.

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B.

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Where an objection is made to any interrogatory or sub-part thereof, the objection

shall state with specificity all grounds for the objection.
C.

If you contend that the answer to any interrogatory is privileged in whole or in part,

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state all facts supporting such privilege, and identify each person having knowledge of the factual

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basis on which the privilege is asserted.

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D.

With respect to each of the following requests, unless otherwise stated in a

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particular request, the information sought is that which is current as of the date of Apple’s

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response thereto.

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E.

Consistent with Rule 26(e) of the Federal Rules of Civil Procedure, these

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interrogatories are continuing in nature. Your response to these interrogatories must be

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supplemented as you obtain additional information affecting any of your responses. With respect

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to any of the following interrogatories as to which Apple, after responding, discovers or acquires
PLAINTIFF ELAN MICROELECTRONICS CORPORATION’S
SECOND SET OF INTERROGATORIES TO DEFENDANT APPLE
INC.

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Case No. 09-cv-01531 RS