Elan Microelectronics Corporation v. Apple, Inc.
Filing
251
Declaration of Palani P. Rathinasamy in Support of 249 MOTION to Compel Apple, Inc. to Produce Testing Tool (Public Version) filed byElan Microelectronics Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Related document(s) 249 ) (Rathinasamy, Palani) (Filed on 6/7/2011)
EXHIBIT B
1
2
3
4
5
6
7
MATTHEW D. POWERS (Bar No. 104795)
matthew.powers@weil.com
EDWARD R. REINES (Bar No. 135960)
edward.reines@weil.com
SONAL N. MEHTA (Bar No. 222086)
sonal.mehta@weil.com
WEIL, GOTSHAL & MANGES LLP
Silicon Valley Office
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: (650) 802-3000
Facsimile: (650) 802-3100
8
9
Attorneys for Apple Inc.
10
UNITED STATES DISTRICT COURT
11
NORTHERN DISTRICT OF CALIFORNIA
12
SAN JOSE DIVISION
13
14
ELAN MICROELECTRONICS
CORPORATION,
15
18
19
APPLE INC.’S RESPONSES AND
OBJECTIONS TO ELAN
MICROELECTRONICS
CORPORATION’S FIRST REQUEST
FOR DOCUMENTS AND THINGS TO
APPLE, INC. [NOS. 1-65]
Plaintiff and Counterclaim
Defendant,
16
17
Case No. C-09-01531 RS
v.
APPLE INC.,
Hon. Richard Seeborg
Defendant and Counterclaim
Plaintiff.
Demand for Jury Trial
20
21
Pursuant to Federal Rule of Civil Procedure 34, Defendant and Counterclaim
22
Plaintiff Apple Inc. (“Apple”) hereby objects and responds to Plaintiff and Counterclaim
23
Defendant Elan Microelectronics Corporation’s (“Elan”) First Requests for Documents and
24
Things to Apple, Inc. [Nos. 1-65] (“Requests”), as follows:
GENERAL OBJECTIONS
25
26
Apple makes the following General Objections to the Requests, which apply to
27
each Request therein regardless of whether a General Objection is specifically incorporated into a
28
response to a particular request.
APPLE'S RESPONSES AND OBJECTIONS TO ELAN’S
FIRST SET OF DOCUMENT REQUESTS
1
1
2
such documents exist in its possession, custody, or control.
REQUEST NO. 20:
3
4
All documents and things concerning the design, research, development, and/or
testing of Apple’s Products.
5
RESPONSE TO REQUEST NO. 20:
6
In addition to its General Objections, Apple objects to this Request to the extent it
7
calls for information protected by the attorney-client privilege, work product doctrine or any other
8
applicable privilege or immunity. Apple further objects to this Request as overbroad and unduly
9
burdensome and because it requests information not relevant to a claim or defense in this action
10
and not reasonably calculated to lead to the discovery of admissible evidence.
11
Subject to and without waiving its objections, Apple will produce non-privileged
12
documents sufficient to show the design, development, and/or testing of the relevant
13
functionalities in the accused Apple products, to the extent such documents exist in its possession,
14
custody, or control.
15
REQUEST NO. 21:
16
18
Documents concerning or relating to the structure, function, or operation of the
Apple Product(s), including, but not limited to specifications, data sheets, drawings, diagrams,
circuits, schematics, notebooks, project reports, workbooks, lab books, notes, code, memoranda,
test plans, test results, CAD, simulation files, and marketing and sales materials.
19
RESPONSE TO REQUEST NO. 21:
17
20
In addition to its General Objections, Apple objects to this Request to the extent it
21
calls for information protected by the attorney-client privilege, work product doctrine or any other
22
applicable privilege or immunity. Apple further objects to this Request as overbroad and unduly
23
burdensome and because it requests information not relevant to a claim or defense in this action
24
and not reasonably calculated to lead to the discovery of admissible evidence. Apple objects to
25
each Request to the extent that it seeks confidential source code information where the relevant
26
operation or functionality can be determined without reference to the source code. Apple will
27
make source code for relevant operations or functionalities that are not otherwise ascertainable
28
available for inspection after the Court has entered a protective order governing the inspection of
APPLE'S RESPONSES AND OBJECTIONS TO ELAN’S
FIRST SET OF DOCUMENT REQUESTS
14
1
2
source code.
information equally accessible to Elan.
3
4
5
6
7
Apple objects to this Request to the extent it seeks publicly available documents or
Subject to and without waiving its objections, Apple will produce non-privileged
documents sufficient to show the structure, function, or operation of the relevant functionalities of
the accused Apple products, to the extent such documents exist in its possession, custody, or
control.
REQUEST NO. 22:
8
9
10
The source code for each version of software, including firmware, relating to the
touch pad or touch screen aspects of the Apple Products.
RESPONSE TO REQUEST NO. 22:
11
In addition to its General Objections, Apple objects to this Request to the extent it
12
calls for information protected by the attorney-client privilege, work product doctrine or any other
13
applicable privilege or immunity. Apple further objects to this Request as overbroad and unduly
14
burdensome and because it requests information not relevant to a claim or defense in this action
15
and not reasonably calculated to lead to the discovery of admissible evidence. Apple objects to
16
each Request to the extent that it seeks confidential source code information where the relevant
17
operation or functionality can be determined without reference to the source code.
18
Subject to and without waiving its objections, Apple will make source code for
19
relevant operations or functionalities that are not otherwise ascertainable available for inspection
20
after the Court has entered a protective order governing the inspection of source code.
21
REQUEST NO. 23:
22
23
24
25
26
27
All documents referring or relating to the source code, including but not limited to
programming documentation, specifications, flow charts, schematic drawings, design documents,
or other documents referring or relating to the source code’s structure or logic.
RESPONSE TO REQUEST NO. 23:
In addition to its General Objections, Apple objects to this Request to the extent it
calls for information protected by the attorney-client privilege, work product doctrine or any other
applicable privilege or immunity. Apple further objects to this Request as overbroad and unduly
28
APPLE'S RESPONSES AND OBJECTIONS TO ELAN’S
FIRST SET OF DOCUMENT REQUESTS
15
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?