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 B

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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]
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,
Plaintiff and Counterclaim
Defendant,

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v.

Case No. C-09-01531 RS
APPLE INC.’S RESPONSES AND
OBJECTIONS TO ELAN
MICROELECTRONICS
CORPORATION’S THIRD SET OF
INTERROGATORIES TO APPLE INC.
[NOS.16-23]

APPLE INC.,
Hon. Richard Seeborg
Defendant and Counterclaim
Plaintiff.

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 to Plaintiff and Counterclaim

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Defendant Elan Microelectronics Corporation’s (“Elan”) Third Set of Interrogatories to Apple

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Inc. [Nos. 16-23] (“Interrogatories”), as follows:
APPLE'S RESPONSES AND OBJECTIONS TO ELAN’S
THIRD SET OF INTERROGATORIES

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APEL0249521-0253953 (MacBook Air)

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APEL0261345-0293031 (MacBook)

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APEL0294884-0300036 (MacBook Pro)

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APEL0300037-0301934 (MacBook)

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APEL0301935-0329552 (MacBook Pro)

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APEL1269766-1270471 (iPad)

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APEL1442393-1444569 (iPhone 4)

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APEL1444570-1444860 (Magic Trackpad)
INTERROGATORY NO. 19:

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State on a monthly basis from January 1, 2003 to the present, the total units of the
Accused Instrumentality (including but not limited to touch pads and touch screens or
components thereof that is incorporated into or implemented by each of the Accused Product)
Apple purchased, Apple’s cost incurred for purchasing these units.
RESPONSE TO INTERROGATORY NO. 19:

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In addition to its General Objections, Apple objects to this Interrogatory to the
extent it calls for information protected by the attorney-client privilege, work product doctrine or
any other applicable privilege or immunity. Apple objects to this Interrogatory as overbroad and
unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence.

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Subject to and without waiving its objections and following a reasonable search,
Apple will produce documents pursuant to Rule 33(d) from which the requested information can
be ascertained.
INTERROGATORY NO. 20:
Identify all Apps and indicate those that require or include features that utilize the
use of multiple fingers or the Multi-Touch technology.
RESPONSE TO INTERROGATORY NO. 20:
In addition to its General Objections, Apple objects to this Interrogatory to the
extent it calls for information protected by the attorney-client privilege, work product doctrine or

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

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any other applicable privilege or immunity. Apple objects to this Interrogatory as overbroad and
unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence.
Apple further objects that the requested information is publicly available and equally accessible to
Elan.
INTERROGATORY NO. 21:
State, on a monthly basis since January 1, 2003, the revenue and profit generated
by Apple from each App identified in Interrogatory 17, including but not limited to sales,
subscriptions, royalties, license revenues or any other form of compensation from consumers,
developers, publishers or other third parties.
RESPONSE TO INTERROGATORY NO. 21:
In addition to its General Objections, Apple objects to this Interrogatory to the
extent it calls for information protected by the attorney-client privilege, work product doctrine or
any other applicable privilege or immunity. Apple objects to this Interrogatory as overbroad and
unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence.
INTERROGATORY NO. 22:
Identify all surveys, market or product projections, market or consumer research or
report, or group studies conducted or commissioned by or on behalf of, or otherwise in the
possession of, Apple that relate to, or include as part of the subject matter of the overall Accused
Products, the Accused Instrumentality, Multi-Touch technology or the functionalities of touchsensing input devices.
RESPONSE TO INTERROGATORY NO. 22:
In addition to its General Objections, Apple objects to this Interrogatory to the
extent it calls for information protected by the attorney-client privilege, work product doctrine or
any other applicable privilege or immunity. Apple objects to this Interrogatory as overbroad and
unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence.

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

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US7655937; US7656393l; US7663601; US7663607; US7671837; US7673510; US7692638;
US7715187; US7719522; US7728823; US7766517; US7800592; US7808479; US7812827;
US7876310; US7916467; USD527659; USD527660; and USD532324. As another example, a
search of issued patents in a public database has identified the following U.S. patents on which
Wayne Westerman, Firmware Engineer 5, Human Interface Devices is named as an inventor and
some which may be relevant to the accused functionalities: US6323846; US6570557;
US6677932; US6888536; US7030861; US7339580; US7479949; US7619618; US7643010;
US7643011; US7656394; US7705830; US7764274; US7777732; US7782307; US7812828;
US7818393; US7840912; US7841512; US7855718; US7867403; US7876310; US7876311;
US7877707; US7916126; US7920131; US7924271; US7932896; US7932897; USRE40153; and
USRE40993. Apple has numerous other patents and patent applications, both in the United States
and abroad, that relate to various innovations, including innovations relating to its product
portfolio, including the accused Apple products.

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Dated: May 12, 2011

WEIL, GOTSHAL & MANGES LLP

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By:

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

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