Elan Microelectronics Corporation v. Apple, Inc.

Filing 342

Declaration of Jane H. Bu in Support of 341 MOTION to Compel Discovery Related to Apple iOS Applications for the Accused Products 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)(Related document(s) 341 ) (Bu, Jane) (Filed on 7/15/2011)

EXHIBIT A

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MATTHEW D. POWERS (Bar No. 104795)
Email: [e-mail]
JARED BOBROW (Bar No. 133712)
Email: [e-mail]
SONAL N. MEHTA (Bar No. 222086)
Email: [e-mail]
DEREK WALTER (Bar No. 246322)
Email: [e-mail]
STEFANI SMITH (Bar No. 251305)
Email: [e-mail]
NATHAN GREENBLATT (Bar No. 262279)
Email: [e-mail]
WEIL, GOTSHAL & MANGES LLP
Silicon Valley Office
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant and Counterclaim
Plaintiff Apple Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ELAN MICROELECTRONICS
CORPORATION,

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Plaintiff and Counterclaim
Defendant,

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v.
APPLE INC.,
Defendant and Counterclaim
Plaintiff.

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Case No. C-09-01531 RS (PVT)
APPLE INC.’S OBJECTIONS AND
RESPONSES TO ELAN
MICROELECTRONICS
CORPORATION’S THIRD SET OF
REQUESTS FOR PRODUCTION OF
DOCUMENTS AND THINGS TO
DEFENDANT APPLE INC. [NOS. 73-99]
Hon. Richard Seeborg
Demand for Jury Trial

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Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, Defendant

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and Counterclaim Plaintiff Apple Inc. (“Apple”) hereby objects and responds to Plaintiff and

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Counterclaim Defendant Elan Microelectronics Corporation’s (“Elan”) Third Set of Requests For

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Production of Documents and Things To Defendant Apple Inc. (Nos. 73-99) (“Requests for

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Production”), as follows:
APPLE'S OBJECTIONS AND RESPONSES TO ELAN’S
THIRD SET OF RPDS

Case No. C-09-01531 RS (PVT)

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Subject to and without waiving its objections and following a reasonable search,

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Apple will produce relevant, non-privileged documents responsive to the above request to the

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extent such documents exists within its possession, custody, or control and have not already been

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produced.

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REQUEST FOR PRODUCTION NO. 82:

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All documents reflecting the number of units purchased, percentage purchased of

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total Apps downloaded or otherwise obtained and usage rates of Apple Apps that require the use

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of multiple fingers and/or the Multi-Touch technology.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 82:

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In addition to its General Objections, Apple objects to this Request to the extent it

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calls for information protected by the attorney-client privilege, work product doctrine or any other

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applicable privilege or immunity. Apple further objects to this Request as overbroad and unduly

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burdensome. Apple objects to this Request to the extent it seeks publicly available documents or

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information equally accessible to Elan.

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calculated to lead to the discovery of admissible evidence.

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REQUEST FOR PRODUCTION NO. 83:

Apple objects that this Request is not reasonably

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All documents and things relating to the costs, revenues, and profits, on monthly

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and annual basis, since January 1, 2003, relating to Apps that require the use of multiple fingers

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and/or the Multi-Touch technology.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 83:

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In addition to its General Objections, Apple objects to this Request to the extent it

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calls for information protected by the attorney-client privilege, work product doctrine or any other

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applicable privilege or immunity. Apple further objects to this Request as overbroad and unduly

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burdensome. Apple objects to this Request to the extent it seeks publicly available documents or

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information equally accessible to Elan.

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calculated to lead to the discovery of admissible evidence.

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REQUEST FOR PRODUCTION NO. 84:

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Apple objects that this Request is not reasonably

All documents relating to the marketing, post-sale and pre-sale market research,
APPLE'S OBJECTIONS AND RESPONSES TO ELAN’S
THIRD SET OF RPDS

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Case No. C-09-01531 RS (PVT)

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analysis and study of Apple Apps that require the use of multiple fingers and/or the Multi-Touch

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technology.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 84:

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In addition to its General Objections, Apple objects to this Request to the extent it

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calls for information protected by the attorney-client privilege, work product doctrine or any other

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applicable privilege or immunity. Apple further objects to this Request as overbroad and unduly

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burdensome. Apple objects to this Request to the extent it seeks publicly available documents or

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information equally accessible to Elan.

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calculated to lead to the discovery of admissible evidence.

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Apple objects that this Request is not reasonably

REQUEST FOR PRODUCTION NO. 85:

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All documents and things evidencing the market demand, including demand from

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individual consumers, corporate entities and software or program developers, for Apps for the

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Accused Products that require the use of multiple fingers and/or the Multi-Touch technology.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 85:

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In addition to its General Objections, Apple objects to this Request to the extent it

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calls for information protected by the attorney-client privilege, work product doctrine or any other

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applicable privilege or immunity. Apple further objects to this Request as overbroad and unduly

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burdensome. Apple objects to this Request to the extent it seeks publicly available documents or

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information equally accessible to Elan.

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calculated to lead to the discovery of admissible evidence.

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REQUEST FOR PRODUCTION NO. 86:

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Apple objects that this Request is not reasonably

All Licenses entered into by Apple relating to the Accused Instrumentality and/or

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the Multi-Touch technology.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 86:

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In addition to its General Objections, Apple objects to this Request to the extent it

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calls for information protected by the attorney-client privilege, work product doctrine or any other

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applicable privilege or immunity. Apple further objects to this Request as overbroad and unduly

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burdensome. Apple objects to this Request as not limited in time.
APPLE'S OBJECTIONS AND RESPONSES TO ELAN’S
THIRD SET OF RPDS

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Case No. C-09-01531 RS (PVT)

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extent such documents exist in its possession, custody, or control and have not already been

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produced.

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REQUEST FOR PRODUCTION NO. 99:

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All U.S. Patents that you claim is practiced in the Accused Products, and if any,

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royalties or other amounts Apple has paid or is paying for the use of each patent.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 99:

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In addition to its General Objections, Apple objects to this Request to the extent it

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calls for information protected by the attorney-client privilege, work product doctrine or any other

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applicable privilege or immunity. Apple further objects to this Request as overbroad and unduly

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burdensome. Apple objects to this Request to the extent it seeks publicly available documents or

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information equally accessible to Elan. Apple objects to this Request as compound, vague and

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duplicative of Request No. 88 with respect to “and if any, royalties or other amounts Apple has

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paid or is paying for the use of each patent.”

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Dated: May 12, 2011

WEIL, GOTSHAL & MANGES LLP

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By:

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/s/ Nathan Greenblatt
Nathan Greenblatt
Attorneys for Defendant and
Counterclaim Plaintiff Apple Inc.

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APPLE'S OBJECTIONS AND RESPONSES TO ELAN’S
THIRD SET OF RPDS

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Case No. C-09-01531 RS (PVT)