Elan Microelectronics Corporation v. Apple, Inc.

Filing 341

MOTION to Compel Discovery Related to Apple iOS Applications for the Accused Products filed by Elan Microelectronics Corporation. Motion Hearing set for 8/23/2011 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 7/29/2011. Replies due by 8/5/2011. (Attachments: # 1 Proposed Order)(Bu, Jane) (Filed on 7/15/2011)

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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]
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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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[PROPOSED] ORDER GRANTING ELAN
MICROELECTRONICS
CORPORATION’S MOTION TO
COMPEL DISCOVERY RELATED TO
APPLE iOS APPLICATIONS FOR THE
ACCUSED PRODUCTS

Plaintiff and Counterdefendant,

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Case No. 09-cv-01531 RS (PSG)

ELAN MICROELECTRONICS
CORPORATION,

v.
APPLE, INC.,
Defendant and Counterplaintiff.

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AND RELATED COUNTERCLAIMS

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[PROPOSED] ORDER GRANTING ELAN’S MOT. TO COMPEL
DISCOVERY RELATED TO APPLE iOS APPLICATIONS
FOR THE ACCUSED PRODUCTS

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Case No. 09-cv-01531 RS (PSG)

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The Court has received Elan Microelectronics Corporation’s (“Elan’s”) Motion to Compel

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Apple, Inc. (“Apple”) iOS Application Discovery. Good cause appearing, the motion is

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GRANTED.

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Apple is hereby ORDERED to produce, within 10 days, Apple’s iOS app financial
information, including without limitation:

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1. The identity of the 100 top -selling iOS apps annually since 2007;

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2. For each of those apps, by year, spreadsheet(s) in native format, detailing the title,

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volume of sales (or numbers downloaded), unit price, Apple’s cost, Apples’ revenue or profit

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made on these apps;

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3. Underlying documentation that reflects the percentage of profit or revenue Apple is
entitled to obtain for the sale of any third party iOS apps;
4. Any marketing information or ads relating to the iOS apps that highlight the use of the
multifinger input; and
5. A Rule 30(6)(6) witness who can attest to the requested discovery from items 1-4.

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IT IS SO ORDERED.

DATED: ________________, 2011

____________________________________
UNITED STATES MAGISTRATE JUDGE

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[PROPOSED] ORDER GRANTING ELAN’S MOT. TO COMPEL
DISCOVERY RELATED TO APPLE iOS APPLICATIONS
FOR THE ACCUSED PRODUCTS

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Case No. 09-cv-01531 RS (PSG)