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 D

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MATTHEW D. POWERS (Bar No. 104795)
[e-mail]
EDWARD R. REINES (Bar No. 135960)
[e-mail]
SONAL N. MEHTA (Bar No. 222086)
[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 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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Case No. C-09-01531 RS
APPLE INC.’S FIRST SUPPLEMENTAL
RESPONSES AND OBJECTIONS TO
ELAN MICROELECTRONICS
CORPORATION’S FIRST REQUEST
FOR DOCUMENTS AND THINGS TO
APPLE, INC.

Plaintiff and Counterclaim
Defendant,

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

Demand for Jury Trial

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Pursuant to Federal Rule of Civil Procedure 34, Defendant and Counterclaim

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Plaintiff Apple Inc. (“Apple”) hereby supplements its responses to Plaintiff and Counterclaim

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Defendant Elan Microelectronics Corporation’s (“Elan”) First Requests for Documents and

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Things to Apple, Inc. (“Requests”), as follows:
GENERAL OBJECTIONS

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Apple makes the following General Objections to the Requests, which apply to

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each Request therein regardless of whether a General Objection is specifically incorporated into a

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response to a particular request.

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APPLE'S FIRST SUPPLEMENTAL RESPONSES AND
OBJECTIONS TO ELAN’S FIRST SET OF DOCUMENT
REQUESTS

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CV 09-1531(RS)

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burdensome and because it requests information not relevant to a claim or defense in this action

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and not reasonably calculated to lead to the discovery of admissible evidence.

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Subject to and without waiving its objections, Apple will produce non-privileged

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documents sufficient to identify individuals who have participated in the design, development, or

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marketing of the relevant functionalities of any products that Apple identifies as embodying the

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asserted claims of the Apple Patents, to the extent such documents exist in its possession,

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custody, or control.

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REQUEST NO. 12:

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All documents concerning the construction, scope, infringement, noninfringement, validity, invalidity, enforceability, or unenforceability of any claims of the Apple
Patents, or the related patents or related patent applications.

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RESPONSE TO REQUEST NO. 12:

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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 premature because it

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seeks expert opinion evidence and because discovery is ongoing. Apple further objects to this

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request as overbroad and unduly burdensome insofar as it seeks the production of documents and

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things not in Apple’s possession, custody, or control, including publicly available documents or

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information equally accessible to Elan. Apple further objects to this Request as premature insofar

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as it seeks the production of documents relating to claim construction, infringement or invalidity

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contentions or expert opinions before the time specified for such a production under this Court’s

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rules and schedule.

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Subject to and without waiving its objections, Apple will produce non-privileged

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documents responsive to this request according to the Court’s rules and schedule to the extent

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such documents exist in its possession, custody, or control.

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REQUEST NO. 13:

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All documents and things concerning any instance in which the validity,
enforceability, or construction of any claim contained in any of the Apple Patents or any related
patents or related patent applications has been challenged or questioned, including, without
limitation, all documents relating to any action or proceeding concerning any of the Apple Patents
or any related patents or related patent applications.

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APPLE'S FIRST SUPPLEMENTAL RESPONSES AND
OBJECTIONS TO ELAN’S FIRST SET OF DOCUMENT
REQUESTS

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CV 09-1531(RS)

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

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burdensome and because it requests information not relevant to a claim or defense in this action

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and not reasonably calculated to lead to the discovery of admissible evidence. Apple objects to

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this Request to the extent it seeks publicly available documents or information equally accessible

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to Elan.

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REQUEST NO. 18:

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Two functional samples of any devices made or sold by Apple that embody any
claim of the Apple Patents, along with any manuals or other documents provided to purchasers of
that product.

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RESPONSE TO REQUEST NO. 18:

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In addition to its General Objections, Apple objects to this request as overbroad
and unduly burdensome insofar as it seeks products that are available for purchase by Elan.
Subject to and without waiving its objections, Apple will make any products that

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Apple identifies as embodying the asserted claims of the Apple Patents available for purchase.

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REQUEST NO. 26:

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All documents and things concerning any allegations, accusations, or assertions by
Apple of infringement by any third-party of any of the Apple Patents.

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RESPONSE TO REQUEST NO. 26:

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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 and because it requests information not relevant to a claim or defense in this action

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and not reasonably calculated to lead to the discovery of admissible evidence. Apple objects to

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this Request to the extent it seeks publicly available documents or information equally accessible

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to Elan. Apple further objects to this Request to the extent it seeks information that is the

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confidential or proprietary information of a third party that is in Apple’s possession subject to an

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obligation to a third party.

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Subject to and without waiving its objections, Apple will produce non-privileged

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documents responsive to this request, to the extent such documents exist in its possession,
APPLE'S FIRST SUPPLEMENTAL RESPONSES AND
OBJECTIONS TO ELAN’S FIRST SET OF DOCUMENT
REQUESTS

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CV 09-1531(RS)

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custody, or control.

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REQUEST NO. 27:

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Exclusive of documents produced to Apple by Elan during this litigation, all
documents and things in the possession, custody, or control of Apple concerning, relating to, or
describing the Elan Product(s) or prototypes thereof, including, but not limited to, all documents
relating to any testing, analysis, or evaluations of the Elan Product(s).

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RESPONSE TO REQUEST NO. 27:

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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 and because it requests information not relevant to a claim or defense in this action

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and not reasonably calculated to lead to the discovery of admissible evidence.

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Subject to and without waiving its objections, Apple will produce non-privileged

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documents sufficient to show testing, analysis or evaluation of the relevant functionality of Elan

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products to the extent such documents exist in its possession, custody, or control.

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REQUEST NO. 28:

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All documents supporting, referring to, or relating to Apple’s contentions that Elan
infringes the Apple Patents.

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RESPONSE TO REQUEST NO. 28:

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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 objects to this Request to the extent it seeks publicly

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available documents or information equally accessible to Elan. Apple further objects to this

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Request as premature insofar as it seeks the production of documents relating to claim

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construction, infringement or invalidity contentions before the time specified for such a

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production under this Court’s rules and schedule.

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Subject to and without waiving its objections, Apple will produce non-privileged

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documents responsive to this request according to the Court’s rules and schedule to the extent

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such documents exist in its possession, custody, or control.
APPLE'S FIRST SUPPLEMENTAL RESPONSES AND
OBJECTIONS TO ELAN’S FIRST SET OF DOCUMENT
REQUESTS

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CV 09-1531(RS)

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REQUEST NO. 29:

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All documents and things relating to or comprising Apple’s communications with
Elan’s customers or potential customers concerning the Apple Patents, Elan’s Product(s), or
products that incorporate Elan’s Product(s).

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RESPONSE TO REQUEST NO. 29:

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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 and because it requests information not relevant to a claim or defense in this action

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and not reasonably calculated to lead to the discovery of admissible evidence. Apple objects to

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this Request to the extent it seeks publicly available documents or information equally accessible

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to Elan.

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Subject to and without waiving its objections, Apple will produce non-privileged

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documents sufficient to show Apple’s communications with Elan’s customers or potential

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customers concerning the relevant functionality of Apple Patents, Elan’s Product(s), or products

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that incorporate Elan’s Products, to the extent such documents exist in its possession, custody, or

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control.

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REQUEST NO. 30:

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All documents relating to any infringement of Apple’s Patents by Elan’s Product.
RESPONSE TO REQUEST NO. 30:

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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 objects to this Request to the extent it seeks publicly

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available documents or information equally accessible to Elan. Apple further objects to this

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Request as premature insofar as it seeks the production of documents relating to claim

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construction, infringement or invalidity contentions before the time specified for such a

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production under this Court’s rules and schedule.

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Subject to and without waiving its objections, Apple will produce non-privileged

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documents responsive to this request according to the Court’s rules and schedule to the extent
APPLE'S FIRST SUPPLEMENTAL RESPONSES AND
OBJECTIONS TO ELAN’S FIRST SET OF DOCUMENT
REQUESTS

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CV 09-1531(RS)

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REQUEST NO. 63:

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All documents and things evidencing any erosion of the price of Apple's
Product(s) attributable to Elan's alleged infringement.

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RESPONSE TO REQUEST NO. 63:

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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 and because it requests information not relevant to a claim or defense in this action

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and not reasonably calculated to lead to the discovery of admissible evidence. Apple objects to

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this Request to the extent it seeks publicly available documents or information equally accessible

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to Elan.

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REQUEST NO. 64:

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All documents concerning or identifying Apple's policy and past decisions in
licensing any of the Apple Patents.

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RESPONSE TO REQUEST NO. 64:

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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 and because it requests information not relevant to a claim or defense in this action

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and not reasonably calculated to lead to the discovery of admissible evidence.

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Subject to and without waiving its objections, Apple will produce non-privileged

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documents sufficient to show actual or proposed licensing of any of the Apple Patents, to the

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extent such documents exist in its possession, custody, or control.

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Dated: January 26, 2010

WEIL, GOTSHAL & MANGES LLP

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By:

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APPLE'S FIRST SUPPLEMENTAL RESPONSES AND
OBJECTIONS TO ELAN’S FIRST SET OF DOCUMENT
REQUESTS

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/s/ Sonal N. Mehta
Sonal N. Mehta
Attorneys for Defendant and
Counterclaim Plaintiff Apple Inc.

CV 09-1531(RS)