Elan Microelectronics Corporation v. Apple, Inc.
Filing
358
Declaration of Jane H. Bu in Support of 357 MOTION to Compel Discovery on Various Issues filed byElan Microelectronics Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 357 ) (Bu, Jane) (Filed on 7/26/2011)
EXHIBIT A
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MATTHEW D. POWERS (Bar No. 104795)
Email: matthew.powers@weil.com
JARED BOBROW (Bar No. 133712)
Email: jared.bobrow@weil.com
SONAL N. MEHTA (Bar No. 222086)
Email: sonal.mehta@weil.com
DEREK WALTER (Bar No. 246322)
Email: derek.walter@weil.com
STEFANI SMITH (Bar No. 251305)
Email: stefani.smith@weil.com
NATHAN GREENBLATT (Bar No. 262279)
Email: nathan.greenblatt@weil.com
WEIL, GOTSHAL & MANGES LLP
Silicon Valley Office
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: (650) 802-3000
Facsimile: (650) 802-3100
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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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variances;
i. any claimed relevant allocation of overhead, the detail of costs included in such
overhead and the bases and methods for allocating such overhead to the Accused Products;
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j. research and development costs for the Accused Instrumentality;
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k. total gross and net revenues that is generated by the Accused Instrumentality
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from sales in the United States, if the Accused Instrumentality is sold separately from the
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Accused Products; and
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l. the underlying documents reflecting or relating to the method of determining
revenue and costs in items (a) through (e).
RESPONSE TO REQUEST FOR PRODUCTION NO. 78:
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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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Subject to and without waiving its objections and following a reasonable search,
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Apple will produce non-privileged documents sufficient to show the following financial
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information for the Accused Products on a product line basis, to the extent such documents exist
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in its possession, custody, or control and are maintained in the ordinary course of business:
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revenues, units sold, costs of goods sold, overhead, and research and development costs.
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REQUEST FOR PRODUCTION NO. 79:
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All documents relating to any internal analysis or study of anticipated and realized
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changes in product price, profits per units and sales volumes due to the incorporation of the
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Accused Instrumentality and/or the Multi-Touch technology into the Accused Products.
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RESPONSE TO REQUEST FOR PRODUCTION NO. 79:
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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
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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burdensome.
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Subject to and without waiving its objections, Apple will produce non-privileged
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responsive documents in its possession, custody or control, if any exist and are located following
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a reasonable search.
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REQUEST FOR PRODUCTION NO. 80:
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All documents related to customer acceptance of the iPod Touch compared to the
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iPod without the Multi-Touch technology.
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RESPONSE TO REQUEST FOR PRODUCTION NO. 80:
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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 that this request is duplicative of other
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requests for production including Request No. 54.
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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. 81:
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All documents related customer acceptance of MacBooks with Multi-Touch
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technology compared to those without.
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RESPONSE TO REQUEST FOR PRODUCTION NO. 81:
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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 that this request is duplicative of other
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requests for production including Request No. 54.
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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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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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)
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