Elan Microelectronics Corporation v. Apple, Inc.

Filing 288

Declaration of Jane H. Bu in Support of Elan Microelectronics Corporation's Opposition to Apple, Inc.'s Motion to Compel filed byElan Microelectronics Corporation. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 7, # 5 Exhibit 8, # 6 Exhibit 12)(Bu, Jane) (Filed on 6/14/2011)

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EXHIBIT 7 1 2 3 4 5 6 7 8 9 10 11 YITAI HU (SBN 248085) yitai.hu@alston.com SEAN P. DEBRUINE (SBN 168071) sean.debruine@alston.com ELIZABETH H. RADER (SBN 184963) elizabeth.rader@alston.com JANE HAN BU (SBN 240081) jane.bu@alston.com JENNIFER LIU (SBN 268990) celine.liu@alston.com PALANI P. RATHINASAMY (SBN 269852) palani.rathinasamy@alston.com ALSTON & BIRD LLP 275 Middlefield Road, Suite 150 Menlo Park, CA 94025-4008 Telephone: 650-838-2000 Facsimile: 650-838-2001 Attorneys for Plaintiff and Counterdefendant ELAN MICROELECTRONICS CORPORATION 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN JOSE DIVISION 16 17 18 21 22 23 ELAN MICROELECTRONICS CORPORATION’S OBJECTIONS AND RESPONSES TO APPLE, INC.’S NOTICE OF DEPOSITION Plaintiff, 19 20 Case No. 09-cv-01531 RS (PSG) ELAN MICROELECTRONICS CORPORATION, v. APPLE, INC., Defendant. AND RELATED COUNTERCLAIMS 24 25 26 27 28 ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE OF DEPOSITION 1 Case No. 09-cv-01531 RS (PSG) Plaintiff Elan Microelectronics Corporation (“Elan”) objects and responds to Defendant 1 2 Apple, Inc.’s (“Apple”) Notice of Deposition to Elan Microelectronics Corporation (“Topics”) as 3 follows: GENERAL STATEMENTS AND OBJECTIONS 4 1. 5 Elan’s responses to Apple’s Notice of Depositions are based on Elan’s current 6 knowledge after a reasonable inquiry. Elan’s investigation with regard to the subject matter of this 7 action is ongoing, and Elan will supplement its responses and objections in accordance with 8 applicable law. The following responses are provided without prejudice to Elan’s right to introduce 9 at hearing or trial any evidence that is subsequently discovered relating to proof of currently known 10 facts and to produce and introduce all evidence whenever discovered relating to the proof of 11 subsequently discovered material facts. The following objections and responses do not constitute 12 any admission by Elan as to the relevance, materiality, or admissibility into evidence of the subject 13 matter or facts contained in any Topic or in Elan’s response. Elan reserves its right to refer to, 14 conduct discovery with reference to, or offer into evidence any and all facts, and information 15 notwithstanding the initial responses and objections interposed herein, consistent with applicable 16 law. 17 2. a. 18 19 22 Elan’s right to object on any ground (e.g., relevance, etc.) to the use of Elan’s responses or any portion thereof in any proceedings, including this or any other action; and b. 20 21 Elan’s responses are made subject to and without waiver of: Elan’s right to object on any ground to any additional discovery requests that may be served in this action. 3. Any statement made herein of an intent to produce documents is not, and shall not be 23 deemed, an admission of any factual or legal contention contained in any individual Topic, nor that 24 any particular documents exist or are relevant and admissible in this matter. 25 4. In addition to any specific objections which may be made on an individual basis in 26 the separate responses set forth below, Elan objects generally to each Topic to the extent that it 27 seeks to elicit information subject to and protected by the attorney-client privilege, the attorney 28 work product doctrine and/or any other applicable privilege, immunity, or protection. Any ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE OF DEPOSITION 1 Case No. 09-cv-01531 RS (PSG) 1 inadvertent disclosure of such information shall not be deemed a waiver of the attorney-client 2 privilege, the work product doctrine, or any other applicable privilege or immunity. 3 5. Elan objects to the Topics, including without limitation the “Definitions” and 4 “Instructions” contained therein, to the extent that they seek to impose burdens or obligations upon 5 Elan beyond what is prescribed and/or required by applicable law or Commission rules. 6 7 8 6. Elan objects generally to each Topic to the extent it seeks information or documents consisting of confidential, proprietary, or trade secret information of non-parties. 7. Elan objects generally to each Topic to the extent it seeks information that is not in 9 Elan’s possession, custody, or control, or information that would be burdensome to locate, retrieve, 10 prepare, review, and/or produce, where such burden outweighs any material benefit the information 11 would have to the Investigation. 12 13 14 8. Elan objects generally to each Topic to the extent that it contains any factual or legal misrepresentations, or where they are vague and/or ambiguous. 9. These general objections are applicable to each and every one of the following 15 specific objections and responses, and failure to repeat an objection in response to a specific Topic 16 shall not be deemed a waiver of the objection. Further, if Elan specifically repeats one or more of 17 these general objections in response to a specific Topic, such specific response shall not be a waiver 18 of any other general objections. 19 20 10. Elan’s discovery responses are subject to any present or future Protective Order in this case. 21 GENERAL OBJECTIONS TO APPLE’S DEFINITIONS AND INSTRUCTIONS 22 Elan objects to Apple’s “Definitions” and “Instructions” set forth in Apple’s Notice of 23 24 Deposition as follows: 1. Elan objects to the definition of “Elan,” “you,” and “your” to the extent that these 25 terms are defined to include consultants and other categories of persons who are not parties to the 26 above-captioned matter. Elan understands the term “Elan” to mean Elan Microelectronics 27 Corporation, including its officers, directors, agents and representatives acting on its behalf. Elan 28 objects to any Topic that purports to impose any obligation to obtain responsive information from ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE OF DEPOSITION 2 Case No. 09-cv-01531 RS (PSG) 1 non-parties. Elan will undertake to disclose responsive information, as further described below, that 2 is located within the possession, custody, or control of Elan. 3 2. Elan objects to the definition of “Respondent” as vague, and as overbroad and 4 unduly burdensome, to the extent that term is defined to include entities not named in the 5 Investigation. 6 3. Elan objects to the definition of “Prior Art” to the extent that term is defined to 7 include any system, method, apparatus, publication, patent or use which has been cited to Elan by a 8 person or entity as prior art to the 352 patent with no reasonable basis. 9 4. Elan objects to the definition of “Related Patents” as overbroad and unduly 10 burdensome. Elan objects to the definitions as they are used to seek information that is neither 11 relevant nor reasonably calculated to lead to the discovery of admissible evidence. 12 5. Elan objects to the definition of “Communication” as overbroad. Elan also objects 13 to this definition as vague and ambiguous with respect to the term, “any other medium,” which 14 prevents Elan from reasonably ascertaining the meaning and scope of the term “Communication.” 15 16 6. Elan objects to the definition of “Document” as overbroad and unduly burdensome to the extent it encompasses documents not in Elan’s possession, custody or control. SPECIFIC OBJECTIONS AND RESPONSES TO TOPICS 17 18 19 TOPIC NO. 1: The design, development, structure, function, and operation of Elan Touchpads or 20 touchscreens that have been sold or offered for sale in, or imported into, the United States. 21 RESPONSE TO TOPIC NO. 1: 22 Elan incorporates by reference each of its foregoing General Objections. Elan further 23 objects to this Topic to the extent it seeks information that is not within Elan’s possession, control 24 or custody. Elan objects to this topic as vague and impossible for Elan to discern. Elan does not 25 have sufficient knowledge with respect to its touchpads or touchscreens that have been “sold, 26 offered for sale or imported into, the United States” as Elan does not directly sell its touch-sensing 27 products to downstream U.S. customers. Elan also objects to the Topic to the extent it is 28 redundant to the depositions already taken by Apple in the parallel ITC Action. ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE OF DEPOSITION 3 Case No. 09-cv-01531 RS (PSG) Subject to and without waiving the above general and specific objections, Elan will 1 2 designate and produce one or more witnesses to testify to Elan’s knowledge of this Topic at a 3 time and place to be agreed upon by the parties to this action. 4 TOPIC NO. 2: The sales and marketing of Elan Touchpads or touchscreens that have been sold or offered 5 6 for sale in, or imported into, the United States, including without limitation, all efforts to sell, 7 market or promote the inclusion or use of Elan Touchpads or touchscreens in products sold, 8 offered for sale, imported, or intended for sale, offer for sale, importation or use in the United 9 States. 10 RESPONSE TO TOPIC NO. 2: Elan incorporates by reference each of its foregoing General Objections. Elan further 11 12 objects to this Topic to the extent it seeks information that is not within Elan’s possession, control 13 or custody. Elan objects to this topic as vague and impossible for Elan to discern. Elan does not 14 have sufficient knowledge with respect to its touchpads or touchscreens that have been “sold, 15 offered for sale or imported into, the United States” as Elan does not directly sell its touch-sensing 16 products to downstream U.S. customers, and Elan does not have the knowledge whether other 17 parties “intend” to sell Elan touch-sensing products in the United States. Elan also objects to the 18 Topic to the extent it is redundant to the depositions already taken by Apple in the parallel ITC 19 Action. 20 Subject to and without waiving the above general and specific objections, Elan will 21 designate and produce one or more witnesses to testify to Elan’s knowledge of this Topic at a time 22 and place to be agreed upon by the parties to this action. 23 TOPIC NO. 3: 24 Elan’s communications and contacts with third parties relating to the actual or potential 25 supply or inclusion of Elan Touchpads or touchscreens in products that have been sold or offered 26 for sale in, or imported into, the United States. 27 RESPONSE TO TOPIC NO. 3: 28 Elan incorporates by reference each of its foregoing General Objections. Elan further ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE OF DEPOSITION 4 Case No. 09-cv-01531 RS (PSG) 1 objects to this Topic to the extent it seeks information that is not within Elan’s possession, control 2 or custody. Elan also objects to the Topic to the extent it is redundant of Topic 2 and of the 3 depositions already taken by Apple in the parallel ITC Action. 4 Subject to and without waiving the above general and specific objections, Elan will 5 designate and produce one or more witnesses to testify to Elan’s knowledge of this Topic at a time 6 and place to be agreed upon by the parties to this action. 7 TOPIC NO. 4: 8 9 The transfer or acquisition of rights to or in US Patent No. 5,825,352, including without limitation, all agreements by or between Logitech, Inc., K-Tech Devices Corp., Elantech Devices 10 Corp. and/or Elan. 11 RESPONSE TO TOPIC NO. 4: 12 Elan incorporates by reference each of its foregoing General Objections. Elan further 13 objects to this Topic to the extent it seeks information protected from disclosure by the attorney- 14 client privilege, the attorney work product doctrine or any other applicable privilege, immunity or 15 protection. Elan also objects to this Topic since it is redundant to the discovery, including 16 deposition testimony, already taken by Apple in the parallel ITC Action. Particularly, Elan directs 17 Apple to Mr. Wayne Chang’s testimony given during his November 15-16, 2010 depositions and 18 the ITC Action. 19 Subject to and without waiving the above general and specific objections, Elan responds 20 that it is willing to meet and confer with Apple to determine what if any additional, relevant 21 information Elan might provide in response to this Topic. 22 TOPIC NO. 5: 23 24 25 The merger or acquisition of K-Tech Devices Corp. with or by Elantech Devices Corp. RESPONSE TO TOPIC NO. 5: Elan incorporates by reference each of its foregoing General Objections. Elan further 26 objects to this Topic to the extent it seeks information protected from disclosure by the attorney- 27 client privilege, the attorney work product doctrine or any other applicable privilege, immunity or 28 protection. Elan also objects to this Topic since it is redundant to the discovery, including ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE OF DEPOSITION 5 Case No. 09-cv-01531 RS (PSG) 1 deposition testimony, already taken by Apple in the parallel ITC Action. Particularly, Elan directs 2 Apple to Mr. Wayne Chang’s testimony given during his November 15-16, 2010 depositions and 3 the ITC Action. 4 Subject to and without waiving the above general and specific objections, Elan responds 5 that it is willing to meet and confer with Apple to determine what if any additional, relevant 6 information Elan might provide in response to this Topic. 7 TOPIC NO. 6: 8 9 10 The conception and reduction to practice of U.S. Patent No. 5,825,352. RESPONSE TO TOPIC NO. 6: Elan incorporates by reference each of its foregoing General Objections. Elan further 11 objects to this Topic to the extent it seeks information that is not within Elan’s possession, control 12 or custody. Elan also objects to the Topic to the extent it is redundant to the depositions 13 previously taken by Apple. Particularly, Elan directs Apple to Mr. Steven Bisset and Mr. Paul 14 Haughey’s depositions taken on September 27, 2010 and October 12, 2010 and to Apple’s March 15 26, 2010 Subpoena issued to Logitech and any documents produced by Logitech in response to 16 that subpoena. 17 Subject to and without waiving the above general and specific objections, Elan responds 18 that Elan will not designate or produce additional witness(es) for this Topic. However, Elan is 19 willing to meet and confer with Apple to determine what if any additional, relevant information 20 Elan might provide in response to this Topic. 21 TOPIC NO. 7: 22 23 24 The conception and reduction to practice of U.S. Patent No. 7,274,353. RESPONSE TO TOPIC NO. 7: Elan incorporates by reference each of its foregoing General Objections. Elan further 25 objects to this Topic to the extent it seeks information that is not within Elan’s possession, control 26 or custody. Particularly, none of the 353 patent inventors are still employed by Elan. 27 Subject to and without waiving the above general and specific objections, Elan will 28 designate and produce one or more witnesses to testify to Elan’s knowledge of this Topic at a time ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE OF DEPOSITION 6 Case No. 09-cv-01531 RS (PSG) 1 and place to be agreed upon by the parties to this action. 2 TOPIC NO. 8: 3 Licensing or efforts to license US Patent No. 5,825,352, US Patent No. 7,274,353 and 4 related patents, including without limitation, the nature, terms, and scope of any license or offer to 5 license; all efforts to license and all negotiations related to the licensing; discussions or 6 communications relating to possible business agreements or arrangements relating to or arising out 7 of licensing discussions; and discussions or communications with prospective licensees, including 8 but not limited to demand letters, notice letters, presentations and claim charts. 9 RESPONSE TO TOPIC NO. 8: 10 Elan incorporates by reference each of its foregoing General Objections. Elan further 11 objects to this Topic to the extent it seeks information protected from disclosure by the attorney- 12 client privilege, the attorney work product doctrine or any other applicable privilege, immunity or 13 protection. Elan also objects to this Topic since it is redundant to the discovery, including 14 deposition testimony, already taken by Apple in the parallel ITC Action. Particularly, Elan directs 15 Apple to Mr. Wayne Chang’s testimony given during his November 15-16, 2010 depositions and 16 the ITC Action. Elan further directs Apple to Elan’s Second Supplemental response to Apple’s 17 Interrogatory No. 7 dated May 13, 2011 where it states that Elan has not licensed or attempted to 18 license the 353 patent. 19 Subject to and without waiving the above general and specific objections, Elan responds 20 that it is willing to meet and confer with Apple to determine what if any additional, relevant 21 information Elan might provide in response to this Topic. 22 TOPIC NO. 9: 23 The settlement of any claim relating to US Patent No. 5,825,352, US Patent No. 7,274,353 24 and related patents, including without limitation, settlement negotiations. 25 RESPONSE TO TOPIC NO. 9: 26 Elan incorporates by reference each of its foregoing General Objections. Elan further 27 objects to this Topic to the extent it seeks information protected from disclosure by the attorney- 28 client privilege, the attorney work product doctrine or any other applicable privilege, immunity or ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE OF DEPOSITION 7 Case No. 09-cv-01531 RS (PSG) 1 protection. Elan also objects to this Topic since it is redundant to the discovery, including 2 deposition testimony, already taken by Apple in the parallel ITC Action. Particularly, Elan directs 3 Apple to Mr. Wayne Chang’s testimony given during his November 15-16, 2010 depositions and 4 the ITC Action. Elan further directs Apple to Elan’s Second Supplemental response to Apple’s 5 Interrogatory No. 7 dated May 13, 2011 where it states that Elan has not licensed or attempted to 6 license the 353 patent. Subject to and without waiving the above general and specific objections, Elan responds 7 8 that it is willing to meet and confer with Apple to determine what if any additional, relevant 9 information Elan might provide in response to this Topic. 10 TOPIC NO. 10: The revenues, sales, costs, profits, margins, expenses and other financial information for 11 12 the Elan Touchpads or touchscreens that have been sold or offered for sale in, or imported into, the 13 United States. 14 RESPONSE TO TOPIC NO. 10: Elan incorporates by reference each of its foregoing General Objections. Elan further 15 16 objects to this Topic to the extent it seeks information that is not within Elan’s possession, control 17 or custody. Elan objects to this topic as vague and impossible for Elan to discern. Elan does not 18 have knowledge of all of the Elan touchpads or touchscreens that have been “sold, offered for sale 19 or imported into, the United States” as Elan does not directly sell its touch-sensing products to 20 downstream U.S. customers. Subject to and without waiving the above general and specific objections, Elan will 21 22 designate and produce one or more witnesses having knowledge responsive to Elan’s financial 23 information for the Elan Touchpads or touchscreens at a time and place to be agreed upon by the 24 parties to this action. 25 TOPIC NO. 11: Elan’s knowledge of Apple’s alleged infringement of each asserted claim of US Patent No. 26 27 5,825,352 and US Patent No. 7,274,353. 28 /// ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE OF DEPOSITION 8 Case No. 09-cv-01531 RS (PSG) 1 RESPONSE TO TOPIC NO. 11: 2 Elan incorporates by reference each of its foregoing General Objections. Elan further 3 objects to this Topic to the extent it seeks information that is protected from disclosure by the 4 attorney-client privilege, the attorney work product doctrine or any other applicable privilege, 5 immunity or protection. To the extent there is any non-privileged information, Elan objects to this 6 Topic since it is redundant to the discovery, including deposition testimony, already taken by 7 Apple in the parallel ITC Action. Particularly, Elan directs Apple to Mr. Wayne Chang’s 8 testimony given during his November 15-16, 2010 depositions and the ITC Action and Elan’s 9 interrogatory responses to Apple. 10 Subject to and without waiving the above general and specific objections, Elan responds 11 that Elan will not designate or produce a witness for this Topic. 12 TOPIC NO. 12: 13 Elan’s decision to bring this action against Apple, including, but not limited to, Elan’s 14 decision to assert each of US Patent No. 5,825,352, US Patent No. 7,274,353 and related patents 15 against Apple. 16 RESPONSE TO TOPIC NO. 12: 17 Elan incorporates by reference each of its foregoing General Objections. Elan further 18 objects to this Topic to the extent it seeks information that is protected from disclosure by the 19 attorney-client privilege, the attorney work product doctrine or any other applicable privilege, 20 immunity or protection. To the extent there is any non-privileged information, Elan objects to this 21 Topic since it is redundant to the discovery, including deposition testimony, already taken by 22 Apple in the parallel ITC Action. Particularly, Elan directs Apple to Mr. Wayne Chang’s 23 testimony given during his November 15-16, 2010 depositions and the ITC Action and Elan’s 24 interrogatory responses to Apple. 25 Subject to and without waiving the above general and specific objections, Elan responds 26 that Elan will not designate or produce a witness for this Topic. 27 TOPIC NO. 13: 28 All efforts by or on behalf of Elan to satisfy the marking requirements of 35 U.S.C. § 287 ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE OF DEPOSITION 9 Case No. 09-cv-01531 RS (PSG) 1 for each of US Patent No. 5,825,352, US Patent No. 7,274,353 and related patents. 2 RESPONSE TO TOPIC NO. 13: Elan incorporates by reference each of its foregoing General Objections. Subject to and 3 4 without waiving the above general and specific objections, Elan will designate and produce one or 5 more witnesses having knowledge responsive to this Topic at a time and place to be agreed upon 6 by the parties to this action. 7 TOPIC NO. 14: Elan’s first awareness of the Apple patents-in-suit and actions taken in response, including 8 9 without limitation, any study, investigation or analysis of the Apple patents-in-suit or related 10 patents. 11 RESPONSE TO TOPIC NO. 14: 12 Elan incorporates by reference each of its foregoing General Objections. Elan further 13 objects to this Topic to the extent it seeks information that is protected from disclosure by the 14 attorney-client privilege, the attorney work product doctrine or any other applicable privilege, 15 immunity or protection. To the extent there is any non-privileged information, Elan directs Apple 16 to Elan’s response to Apple’s Interrogatory No. 11. Subject to and without waiving the above general and specific objections, Elan responds 17 18 that Elan will not designate or produce a witness for this Topic. 19 TOPIC NO. 15: The demonstration, use, and identity of Elan products and literature shown, displayed 20 21 and/or demonstrated at tradeshows or conferences in the United States, including without 22 limitation, CES. 23 RESPONSE TO TOPIC NO. 15: Elan incorporates by reference each of its foregoing General Objections. Subject to and 24 25 without waiving the above general and specific objections, Elan will designate and produce one or 26 more witnesses having knowledge responsive to this Topic at a time and place to be agreed upon 27 by the parties to this action. 28 /// ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE OF DEPOSITION 10 Case No. 09-cv-01531 RS (PSG) 1 2 TOPIC NO. 16: All indemnity agreements in which Elan has an indemnity obligation to another party 3 related to patent infringement in the United States, including without limitation, for the Apple 4 patents-in-suit. 5 RESPONSE TO TOPIC NO. 16: 6 Elan incorporates by reference each of its foregoing General Objections. Elan further 7 objects to this Topic to the extent it seeks information that is protected from disclosure by the 8 attorney-client privilege, the attorney work product doctrine or any other applicable privilege, 9 immunity or protection. Elan also objects to this Topic to the extent it seeks information that is 10 not within Elan’s possession, control or custody. 11 Subject to and without waiving the above general and specific objections, Elan will 12 designate and produce one or more witnesses having knowledge responsive to this Topic at a time 13 and place to be agreed upon by the parties to this action. 14 TOPIC NO. 17: 15 Elan’s use or reference to Apple, Apple products or Apple patents in the sales and 16 marketing of Elan products. 17 RESPONSE TO TOPIC NO. 17: 18 Elan incorporates by reference each of its foregoing General Objections. Elan further 19 objects to this Topic to the extent it seeks information that is protected from disclosure by the 20 attorney-client privilege, the attorney work product doctrine, common interest privilege or any 21 other applicable privilege, immunity or protection. Elan also objects to the Topic to the extent it is 22 redundant to the depositions already taken by Apple in the parallel ITC Action. 23 Subject to and without waiving the above general and specific objections, Elan will 24 designate and produce one or more witnesses having knowledge responsive to this Topic at a time 25 and place to be agreed upon by the parties to this action. 26 TOPIC NO. 18: 27 28 Communications or contacts with existing or potential customers regarding Apple products or Apple patents. ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE OF DEPOSITION 11 Case No. 09-cv-01531 RS (PSG) 1 RESPONSE TO TOPIC NO. 18: 2 Elan incorporates by reference each of its foregoing General Objections. Elan further 3 objects to this Topic to the extent it seeks information that is protected from disclosure by the 4 attorney-client privilege, the attorney work product doctrine, common interest privilege or any 5 other applicable privilege, immunity or protection. Elan also objects to the Topic to the extent it is 6 redundant to the depositions already taken by Apple in the parallel ITC Action. 7 Subject to and without waiving the above general and specific objections, Elan will 8 designate and produce one or more witnesses having knowledge responsive to this Topic at a time 9 and place to be agreed upon by the parties to this action. 10 TOPIC NO. 19: The emulation, use, study, reverse-engineering, or other consideration of any Apple 11 12 product in the design and development of Elan products. 13 RESPONSE TO TOPIC NO. 19: 14 Elan incorporates by reference each of its foregoing General Objections. Elan further 15 objects to this Topic to the extent it seeks information that is protected from disclosure by the 16 attorney-client privilege, the attorney work product doctrine, common interest privilege or any 17 other applicable privilege, immunity or protection. Subject to and without waiving the above general and specific objections, to the extent 18 19 there is non-privileged information, Elan will designate and produce one or more witnesses having 20 knowledge responsive to this Topic at a time and place to be agreed upon by the parties to this 21 action. 22 TOPIC NO. 20: 23 24 25 Authentication of documents and things regarding the foregoing topics. RESPONSE TO TOPIC NO. 20: Elan incorporates by reference each of its foregoing General Objections. Elan also objects 26 that this Topic is vague and ambiguous as to the “documents and things” Apple intends. Elan 27 further objects to this Topic as it is calling for a legal conclusion. 28 Subject to and without waiving the above general and specific objections, Elan will ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE OF DEPOSITION 12 Case No. 09-cv-01531 RS (PSG) 1 designate and produce one or more witnesses to testify to Elan’s knowledge of this Topic at a time 2 and place to be agreed upon by the parties to this action. 3 TOPIC NO. 21: 4 5 6 The identity of persons knowledgeable regarding the foregoing topics. RESPONSE TO TOPIC NO. 21: Elan incorporates by reference each of its foregoing General Objections. Subject to and 7 without waiving the above general and specific objections, Elan will designate and produce one or 8 more witnesses to testify to Elan’s knowledge of this Topic at a time and place to be agreed upon 9 by the parties to this action. 10 DATED: June 9, 2011 11 Respectfully submitted, ALSTON & BIRD LLP 12 13 By: 14 15 LEGAL02/32674006v2 /s/ Sean P. DeBruine Sean P. DeBruine Attorneys for Plaintiff ELAN MICROELECTRONICS CORPORATION 16 17 18 19 20 21 22 23 24 25 26 27 28 ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE OF DEPOSITION 13 Case No. 09-cv-01531 RS (PSG)

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