Interserve, Inc. et al v. Fusion Garage PTE. LTD

Filing 180

EXHIBITS re 179 Memorandum in Opposition, Exhibit G filed byFusion Garage PTE. LTD. (Attachments: # 1 Exhibit H, # 2 Exhibit I, # 3 Exhibit J, # 4 Exhibit K, # 5 Proposed Order)(Related document(s) 179 ) (Pennypacker, Evette) (Filed on 9/23/2010)

Interserve, Inc. et al v. Fusion Garage PTE. LTD

Doc. 180 Att. 3

EXHIBIT J

Dockets.Justia.com

QUINN EMANUEL URQUHART & SULLIVAN, LLP Claude M. Stern ( Bar No. 96737) 2 claudestern @ quinnemanuel.com Evette Pennypacker ( Bar No. 203515) 3 evettepennypacker @ quinnemanuel.com 555 Twin Dolphin Dr., 5`" floor 4 Redwood Shores , CA 94065 Telephone : [phone] Facsimile : [phone] Joshua L. Sohn (Bar No. 250105) joshuasohn @ quinnemanuel.com 7 Sam S . Stake ( Bar No. 257916) samstake @ quinnemanuel.com 8 50 California Street , 22nd Floor San Francisco , California 94111 9 Telephone: [phone] Facsimile : [phone] 10 Attorneys for Defendant Fusion Garage PTE. Ltd II 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 14 15 16 17 Plaintiffs, 18
VS.

I

6

INTERSERVE, INC. dba TECHCRUNCH, a Delaware corporation , and CRUNCHPAD, INC., a Delaware corporation,

CASE NO . 09-cv-5812 RS RESPONSES OF DEFENDANT FUSION GARAGE PTE LTD. TO FIFTH SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS PROPOUNDED BY PLAINTIFF INTERSERVE, INC. dba TECHCRUNCH

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04049.51632/3571354.2 11

FUSION GARAGE PTE. LTD , a Singapore company,

Defendant.

PROPOUNDING PARTY: RESPONDING PARTY: SET NO.:

PLAINTIFF INTERSERVE, INC. dba TECHCRUNCH DEFENDANT FUSION GARAGE PTE LTD. FIVE (NOS. 52-83)

RESPONSES OF FUSION GARAGE TO FIFTH SET OF REOUESTS FOR PRODUCTION

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RESPONSES TO DOCUMENTS REQUESTED

REQUEST FOR PRODUCTION NO. 52: Every document containing the term "CrunchPad."

RESPONSE TO REQUEST FOR PRODUCTION NO. 52: Fusion Garage incorporates each of its General Objections as expressly set forth therein. Fusion Garage further objects to this request on the grounds that it is overly broad and unduly

9 burdensome. Fusion Garage further objects to this request to the extent that it calls for the 10 II 12 13 14 15 disclosure of information subject to the attorney - client privilege, the work-product doctrine, or any other applicable privileges . Fusion Garage objects to this request on the grounds that it seeks information regarding the "CrunchPad ," as Fusion Garage understands that no such device exists. Fusion Garage further objects that TechCrunch is trying to use these requests to elicit a response or objection that a Fusion Garage product is , or is related to, the CrunchPad. Fusion Garage further objects to this request to the extent that it seeks information which is neither relevant nor

16 reasonably calculated to lead to the discovery of admissible evidence . Fusion Garage further 17 18 19 20 21 22 23 24 25 26 27 28
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objects to this request to the extent that it seeks Fusion Garage's highly proprietary information and/or source code , which is not discoverable before TechCrunch submits a Statement that adequately identifies and delineates its allegedly misappropriated business ideas. (See Dkt. 62). Subject to the foregoing general and specific objections, Fusion Garage will produce any non-privileged documents within its possession , custody, or control that contain the term "CrunchPad," to the extent such documents have not already been produced in this litigation.

REQUEST FOR PRODUCTION NO. 53: Every document created or received before November 17, 2009 that contains the term "JooJoo."

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REQUEST FOR PRODUCTION NO. 62: All documents reflecting any agreement or proposal concerning, mentioning, or discussing you and Plaintiffs each profiting or deriving revenues related to developing , marketing , or sale of a

4 tablet computer. 5 6 RESPONSE TO REQUEST FOR PRODUCTION NO. 62: 7 8
Fusion Garage incorporates each of its General Objections as expressly set forth therein. Fusion Garage further objects to this request to the extent that it seeks to elicit information

9 protected by the attorney - client privilege, the work product protection, or any other applicable 10 privilege or protection . Fusion Garage further objects to this request to the extent it seeks to elicit II 12 13 14 15 16 17 18 19 20 21 22 23 RESPONSE TO REQUEST FOR PRODUCTION NO. 63: Fusion Garage incorporates each of its General Objections as expressly set forth therein. Fusion Garage further objects to this request to the extent that it seeks to elicit information REQUEST FOR PRODUCTION NO. 63: All documents reflecting any agreement or proposal concerning , mentioning, or discussing you and Plaintiffs each bearing their own losses or costs related to developing , marketing, or sale of a tablet computer.
information that would violate the privacy rights of third parties. Subject to the foregoing general and specific objections, Fusion Garage responds that it is not aware of any documents reflecting any agreement or proposal concerning , mentioning , or discussing Fusion Garage and Plaintiffs each profiting or deriving revenues related to developing, marketing , or sale of a tablet computer.

24 protected by the attorney - client privilege, the work product protection , or any other applicable 25 26 27 28
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privilege or protection. Fusion Garage further objects to this request to the extent it seeks to elicit information that would violate the privacy rights of third parties . Subject to the foregoing general and specific objections, Fusion Garage responds that it is not aware of any documents reflecting any agreement or proposal concerning , mentioning, or discussing Fusion Garage and Plaintiffs -11RESPONSES OF FUSION GARAGE TO FIFTH SET OF REOUESTS FOR PRODUCTION

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each bearing their own losses or costs related to developing, marketing, or sale of a tablet

2 computer. 3 4 5 6 REQUEST FOR PRODUCTION NO. 64: All documents you have received in response to any subpoenas you have served in relation

7 to this case. 8 9 RESPONSE TO REQUEST FOR PRODUCTION NO. 64: 10 II 12 13 14 15 16 REQUEST FOR PRODUCTION NO. 65: 17 18 19 20 21 22 23 24 25 26 27 28
04049.51632/3571354.2

Fusion Garage incorporates each of its General Objections as expressly set forth therein. Subject to the foregoing general objections, Fusion Garage will produce any non-privileged documents within its possession , custody, or control that Fusion Garage received in response to any subpoenas in this case , to the extent such documents have not already been produced in this litigation.

All communications between you or your counsel and anyone you have subpoenaed in this case that concern this litigation or your subpoena.

RESPONSE TO REQUEST FOR PRODUCTION NO. 65: Fusion Garage incorporates each of its General Objections as expressly set forth therein. Fusion Garage further objects to this request on the ground that it is overly broad and unduly burdensome . Fusion Garage further objects to this request on the ground that it seeks evidence which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Subject to the foregoing general and specific objections, Fusion Garage will produce all communications between it or its counsel and anyone whom Fusion Garage subpoenaed in this case, to the extent such documents have not already been produced in this litigation.

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understands that no such device exists . Fusion Garage further objects that TechCrunch is trying to use these requests to elicit a response or objection that a Fusion Garage product is, or is related to, the CrunchPad . Fusion Garage further objects to this request to the extent that it calls for the disclosure of information subject to the attorney - client privilege, the work-product doctrine, or any 5 6 other applicable privileges. Subject to the foregoing general and specific objections , Fusion Garage will produce non-

7 privileged documents sufficient to show salaries or other compensation paid by Fusion Garage to 8 9 10 II 12 13 14 15 16 RESPONSE TO REQUEST FOR PRODUCTION NO. 69: 17 18 19 20 21 22 23 24 25 26 27 28
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any person or organization that worked on, contributed to, or otherwise participated in the CrunchPad or JooJoo projects.

REQUEST FOR PRODUCTION NO. 69: All documents referring or relating to an actual or potential merger or acquisition between you and Plaintiffs , including but not limited to agreements, letters of intent, memoranda of understanding , term sheets or any drafts of or communications comprising or regarding same.

Fusion Garage incorporates each of its General Objections as expressly set forth therein. Fusion Garage further objects to this request to the extent that it calls for the disclosure of information subject to the attorney-client privilege, the work-product doctrine , or any other applicable privileges . Subject to the foregoing general objections, after reasonable investigation, Fusion Garage has produced all non-privileged documents within its possession , custody, or control that refer or relate to a potential merger or acquisition between Fusion Garage and Plaintiffs.

REQUEST FOR PRODUCTION NO. 70: All communications between you and any third party reflecting an interest in collaborating, assisting , contributing or otherwise working with you to develop a web tablet.

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RESPONSE TO REQUEST FOR PRODUCTION NO. 70: Fusion Garage incorporates each of its General Objections as expressly set forth therein. Fusion Garage further objects to this request on the grounds that it is overly broad and unduly

4 burdensome. Fusion Garage further objects to this request on the ground that it seeks evidence 5 6 7 8 which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Fusion Garage further objects to this request to the extent that it calls for the disclosure of information subject to the attorney - client privilege, the work- product doctrine, or any other applicable privileges . Fusion Garage further objects to this request to the extent that it seeks

9 Fusion Garage ' s highly proprietary information and/or source code, which is not discoverable 10 before TechCrunch submits a Statement that adequately identifies and delineates its allegedly II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
04049 . 51632 / 3571354.2

misappropriated business ideas. (See Dkt. 62).
Subject to the foregoing general and specific objections , Fusion Garage will produce any non-privileged documents within its possession , custody, or control that constitute communications between Fusion Garage and any third party reflecting an interest in collaborating, assisting , contributing or otherwise working with Fusion Garage to develop the JooJoo.

REQUEST FOR PRODUCTION NO. 71: All documents relating to any third party' s actual or contemplated funding of or investment in the CrunchPad , JooJoo, or other web tablet on which either party worked , including communications with those third parties.

RESPONSE TO REQUEST FOR PRODUCTION NO. 71: Fusion Garage incorporates each of its General Objections as expressly set forth therein. Fusion Garage further objects to this request on the grounds that it is overly broad and unduly burdensome. Fusion Garage further objects to this request on the ground that it seeks evidence which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Fusion Garage further objects to each request to the extent that it seeks the disclosure of
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documents that would invade the privacy rights of third persons. Fusion Garage objects to this 2 3 request on the grounds that it seeks information regarding the "CrunchPad," as Fusion Garage understands that no such device exists . Fusion Garage further objects that TechCrunch is trying to

4 use these requests to elicit a response or objection that a Fusion Garage product is , or is related to, 5 6 the CrunchPad . Fusion Garage further objects to this request to the extent that it calls for the disclosure of information subject to the attorney-client privilege, the work-product doctrine, or any

7 other applicable privileges. 8 Subject to the foregoing general and specific objections , Fusion Garage will produce any

9 non-privileged documents within its possession, custody, or control that relate to any third party's 10 II 12 13 14 15 16 17 18 19 Fusion Garage objects to this request on the grounds that it seeks information regarding the 20 21 22 23 24 25 26 27 28
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actual or contemplated funding of or investment in the CrunchPad or JooJoo projects, to the extent such documents have not already been produced in this litigation.

REQUEST FOR PRODUCTION NO. 72: A specimen of each prototype or version of the tablet computer known as the "CrunchPad."

RESPONSE TO REQUEST FOR PRODUCTION NO. 72: Fusion Garage incorporates each of its General Objections as expressly set forth therein.

"CrunchPad ," as Fusion Garage understands that no such device exists. Fusion.Garage further objects that TechCrunch is trying to use these requests to elicit a response or objection that a Fusion Garage product is, or is related to, the CrunchPad . Fusion Garage further objects that this request seeks items that are within the custody or control of TechCrunch or equally available to TechCrunch.

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REQUEST FOR PRODUCTION NO. 73: A specimen of each prototype or version of any tablet computer that you developed as part of "Project Fuse."

RESPONSE TO REQUEST FOR PRODUCTION NO. 73:

Fusion Garage incorporates each of its General Objections as expressly set forth therein. Subject to the foregoing general objections , Fusion Garage is willing to meet and confer about a mutually agreeable time and location that it will make such specimen( s) available for inspection, 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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to the extent such specimens can be located after a reasonably diligent search.

REQUEST FOR PRODUCTION NO. 74: A specimen of each prototype or version of the JooJoo , including at least (a) the version that Mr. Rathakrishnan demonstrated during the December 7, 2009 launch video; (b) the version that Mr. Rathakrishnan first provided to media personnel for evaluation outside the supervision of Fusion Garage personnel; (c) the version first shipped to an arms - length purchaser in the United States; and (d) the version first shipped to an arms - length purchaser abroad.

RESPONSE TO REQUEST FOR PRODUCTION NO. 74: Fusion Garage incorporates each of its General Objections as expressly set forth therein. Fusion Garage further objects that the JooJoo is publicly available for purchase by TechCrunch and therefore need not produced during discovery. See SEC v. Sloan & Co., 369 F.Supp. 994, 996 (S.D.N.Y. 1973); Caterpillar, Inc. v. Deere & Co., 1997 WL 399627, *3 (N.D. 111. July 11, 1997). Fusion Garage further objects on the grounds that "arms-length purchaser" is vague and ambiguous. Subject to the foregoing general and specific objections , Fusion Garage is willing to meet and confer about a mutually agreeable time and location that it will make available a specimen of

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any JooJoo version that differs from the publicly - accessible version(s), to the extent such specimen ( s) can be located after a reasonably diligent search.

4 REQUEST FOR PRODUCTION NO. 75: 5 6 7 8 9 10 II 12 13 RESPONSE TO REQUEST FOR PRODUCTION NO. 75: Fusion Garage incorporates each of its General Objections as expressly set forth therein. Fusion Garage further objects to this request on the ground that it is vague and ambiguous. Fusion Garage further objects to this request on the ground that it seeks evidence which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Fusion Garage further objects to this request to the extent that it calls for the disclosure of information subject to All documents that refer or relate to Plaintiffs advancing Fusion Garage money or paying Fusion Garage's bills.

14 the attorney - client privilege, the work - product doctrine , or any other applicable privileges. 15 Subject to the foregoing general and specific objections , Fusion Garage will produce any

16 non-privileged documents within its possession , custody, or control that refer or relate to Plaintiffs 17 advancing Fusion Garage money or paying Fusion Garage's bills, to the extent such documents 18 19 20 21 22 23 24 25 26 27 28
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exist and have not already been produced in this litigation.

REQUEST FOR PRODUCTION NO. 76: Documents sufficient to identify any products you have developed other than a web tablet.

RESPONSE TO REQUEST FOR PRODUCTION NO 76:
Fusion Garage incorporates each of its General Objections as expressly set forth therein. Fusion Garage further objects to this request on the ground that it is overly broad and unduly

burdensome . Fusion Garage further objects to this request on the ground that it seeks evidence which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Fusion Garage further objects to this request to the extent that it seeks Fusion Garage's highly
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relate to the design, development and/or manufacture of each prototype or version of the tablet

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computer known as the "CrunchPad," other than "Prototype A," "Prototype B," "Prototype B.5?," and the "launch prototype," to the extent such documents do not disclose Fusion Garage's highly

4 proprietary information and/or source code. 5 6 7 8 9 RESPONSE TO REQUEST FOR PRODUCTION NO. 82: 10 II 12 13 objects to this request on the ground that it seeks evidence which is neither relevant nor reasonably 14 15 16 17 18 19 20 21 Garage further objects that TechCrunch is trying to use these requests to elicit a response or 22 23 24 25 26 27 28
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REQUEST FOR PRODUCTION NO. 82: All documents concerning work on presentations concerning the CrunchPad.

Fusion Garage incorporates each of its General Objections as expressly set forth therein. Fusion Garage further objects to this request to the extent that it seeks information within the custody or control of TechCrunch or equally available to TechCrunch. Fusion Garage further

calculated to lead to the discovery of admissible evidence. Fusion Garage further objects to this request on the grounds that the phrase "work on presentations" is vague and ambiguous. Fusion Garage further objects to this request to the extent that it calls for the disclosure of information subject to the attorney-client privilege, the work-product doctrine, or any other applicable privileges. Fusion Garage objects to this request on the grounds that it seeks information regarding the "CrunchPad," as Fusion Garage understands that no such device exists. Fusion

objection that a Fusion Garage product is, or is related to, the CrunchPad. Fusion Garage further objects that this request seeks items that are within the custody or control of TechCrunch or equally available to TechCrunch. Subject to the foregoing general and specific objections, after reasonable investigation, Fusion Garage responds that it has produced all non-privileged documents within its possession, custody, or control that concern work on presentations concerning the CrunchPad.
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REQUEST FOR PRODUCTION NO. 83: 2 3 4 5 6 RESPONSE TO REQUEST FOR PRODUCTION NO. 83: Fusion Garage incorporates each of its General Objections as expressly set forth therein. All documents concerning presentations or other marketing communications you have made to promote the JooJoo outside of the United States.

7 Fusion Garage further objects to this request on the ground that it seeks evidence which is neither 8 9 relevant nor reasonably calculated to lead to the discovery of admissible evidence . Fusion Garage further objects to this request to the extent that it calls for the disclosure of information subject to

10 the attorney-client privilege , the work-product doctrine , or any other applicable privileges. II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Subject to the foregoing general and specific objections , Fusion Garage will produce any non-privileged responsive documents within its possession , custody, or control , to the extent such documents exist and have not already been produced in this litigation.

DATED : July 22, 2010

QUINN EMANUEL URQUHART & SULLIVAN, LLP

By /s/Evette D. Pennypacker Evette D. Pennypacker

Attorneys for Defendant FUSION GARAGE PTE LTD

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