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)
[e-mail]
EDWARD R. REINES (Bar No. 135960)
[e-mail]
SONAL N. MEHTA (Bar No. 222086)
[e-mail]
WEIL, GOTSHAL & MANGES LLP
Silicon Valley Office
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]

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