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)

EXHIBIT 7

1
2
3
4
5
6
7
8
9
10
11

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]
JENNIFER LIU (SBN 268990)
[e-mail]
PALANI P. RATHINASAMY (SBN 269852)
[e-mail]
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)