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

Filing 24

Declaration of Patrick Doolittle in Support of 23 MOTION for Protective Order Pending Plaintiff's Identification of its Allegedly Misappropriated Trade Secrets; Memorandum of Points and Authorities filed byFusion Garage PTE. LTD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 23 ) (Doolittle, Patrick) (Filed on 2/5/2010)

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

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EXHIBIT B

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Andrew P. Bridges (SBN: 122761) [e-mail] David S. Bloch (SBN: 184530) [e-mail] Nicholas Short (SBN: 253922) [e-mail] WINSTON & STRAWN LLP 101 California Street, 390i Floor San Francisco, CA 94111-5802 [phone] Telephone: [phone] Facsimile: Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA INTERSERVE, INC. dba TECHCRUNCH, a) Delaware corporation, and CRUNCHPAD, ) ) INC., a Delaware corporation, Plaintiffs, ) )
) )

Case No. C 09 5812 JW (PVT)

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14 vs. 15 FUSION GARAGE PTE: LTD., a Singapore } 16 17 18 PROPOUNDING PARTY: 19 RESPONDING PARTY: 20 SET NO.: 21 22 23 24 25
company, Defendant.

PLAINTIFF TECHCRUNCH'S' FIRST SET OF INTERROGATORIES

PLAINTIFF INTERSERVE, INC. dba TECHCRUNCH DEFENDANT FUSION GARAGE PTE. LTD. ONE

Pursuant to Federal Rule of Procedure 33, Plaintiff Interserve, Inc. d/b/a TechCrunch requests that Defendant Fusion Garage Pte. Ltd. respond to the Interrogatories below under oath within twenty (20) days of the date of service. For the purpose of these Interrogatories, the following instructions shall apply and the following terms will have the meaning indicated: INSTRUCTIONS 1) In answering these interrogatories, furnish all information, including but not limited

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to information contained in or on any document, that is known or available to you, including all sF-zs9o v 1
P[.,AlVTl1 1' "I'1;C FfCR.(JNC.I i'S FIRST SE, 'F OF INTERROGATORIES

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information in the possession of your attorneys or other persons acting on your behalf or under your attorney's employment or direction. 2) If you cannot answer any interrogatory fully and completely after exercising due

diligence to make inquiries and secure information necessary to do so, so state, and answer each

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such interrogatory to the full extent you deem possible, specify the portion of such interrogatory that you claim you are unable to answer fully and completely; state the facts on which you rely to support your contention that you are unable to answer such interrogatory fully and completely; and state what knowledge, information and belief you have concerning the unanswered portion of each such interrogatory. 3) The obligation to respond to these interrogatories continues and requires further

answer and amendment from now until the time of hearing or trial, as provided by Federal Rule of Civil Procedure 26(e). 13 14 15 1) DEFINITIONS The term "Fusion Garage," "Defendant," "you," or "your" refers to Defendant Fusion

Garage Pte. Ltd. and includes any persons controlled by or acting on behalf of either of Fusion Garage Pte. Ltd., including without limitation all past and present licensees, agents, attorneys, predecessors, subsidiaries, parent companies, or affiliated companies, and their agents, officers, directors, employees, representatives and attorneys. 2) The term "Plaintiffs" or "TechCrunch" shall mean Plaintiffs Interserve, Inc. d/b/a

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TechCrunch and CrunchPad, Inc. 3) The term "person" means any natural person or any business, legal or goverrunent

entity or association. 4) 24, 25 26 27 28 The term "identify" when referring to: (a) a person, means to give to the extent known, the person's full naive, present or

last known physical address, email address, and telephone number, and with respect to a natural person, the last known place of employment and job title; (b) a document, means to give to the extent known, the date of the document, the

title of the document, the authDr or originator of the document, the persons or entities to 2
- PLAINTIFF TECH(R.U\CIPS FIRST SET OF INTLRROGAI ORII S

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whom the document is addressed, the nature of the document, a brief summary or description of the document's contents, and if the document is not in your possession, the identity of its present or last known custodian and its location; (c) a component, means to identify the component by its generic name, its

manufacturer or creator(s), its provider(s) (if other than the manufacturer or creator), and its name and/or identifying number. 7 (d) a financial account, means to identify the person with which you hold the

account, the name(s) on the account, the type of account, the account number, and the contact information of your primary contact person(s) for the account. (e) a payment, means to identify the amount (including currency), date, means,

location(s), payor(s), payee(s), person(s) transmitting the payment if an intermediary between the payor(s) and payee(s), and the financial account(s) of the payee(s) with respect to the 1 payment.

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a promise, means to identify the substance of the promise; the specific

language of the promise; the means of communication of the promise (including documents if relevant); the persons participating in that communication or witnessing that promise; and the date, time, and location of the promise. (g) a representation, means to identify means to identify the substance of the

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representation; the specific language of the representation; the means of communication of the representation (including documents if relevant), the persons participating in that communication or witnessing that representation; and the date, time, and location of the representation. (i) an order, pre-order, sale, lease, and delivery, means to identify the person

placing an order or pre-order, or to whom the sale, lease, or delivery is made; the quantity and names of the items in the order, pre-order, sale, lease, or delivery; the date of the event; the location of the event; the terms (including price) of the event; and the payment method(s) associated with the event. 5) The terms "document" or "documents" shall have the same meaning as in Federal 3
PLAIN'fIF1= T1'sC)-ICRIJNCiI'S FIRST SET OF INTERROGATORIES

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Rule of Civil Procedure 34 (a) and includes, without limitation, any tangible thing upon which any information has been recorded by any means, including without limitation by writing, printing, typing, transcribing, charting, photographing, photocopying, or by digital, electronic, magnetic, or mechanical recording. The term "documents" includes e-mails and electronic files, audio and video tapes, microfiche, and other electronically stored information, The'term "document" also includes non-identical copies or drafts, and all attachments and enclosures. 6) constituting. 9) The terms "any" and "all" shall both mean "any and all" as appropriate in order to The term "concerning" means relating to, referring to, describing, evidencing, or'

bring within the scope of these interrogatories information and documents which might otherwise be considered to be beyond their scope. 10) The terms "each" and "every" shall both mean "each and every" as appropriate in

order to bring within the scope of these interrogatories information and documents which might 14 3 h 15 otherwise be considered to be beyond their scope. 11) The term "and" as well as "or" shall be construed either disjunctively or

conjunctively as necessary to bring within the scope of these interrogatories information and documents which might otherwise be considered to be beyond their scope. 12) The term "CrunchPad" means any version or prototype of the touch-screen based

computer developed as a result of work by Plaintiffs, by Defendant in conjunction with Plaintiffs, by Defendant in association with Plaintiffs, Or by Defendant in connection with the name °CrunchPad." 13) The term "JooJoo" means the touch-screen based computer exhibited or offered by

Defendant under the name JooJoo, INTERROGATORIES 1. Identify all components (hardware and software) in the JooJoo devices that you have

exhibited or delivered, or plan to exhibit or deliver, to any person. 2. Identify all persons who participate, or have participated in, the design of, or the

supply of components for, the JooJoo devices that you have exhibited or delivered or plan to deliver to any persons. 4
T PLAI`'l'il't '1'(iCHCRUNC:1VS F1RSf Sit"1' O IN PERRCGAA ORII s

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3.

Identify all persons whom you have employed or engaged who have communicated

with any persons whom Plaintiffs have employed or engaged. 4. Identify all persons who participate in the processing of transactions involving

preorders, orders, or payments for preorders, orders, sales, or leases of your products, including but not limited to JooJoo devices. 5. 6. Identify all financial accounts in which you have an interest. Identify all payments by others to you or for your benefit in connection with the

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development, marketing, preorders, orders, sales, leases, or deliveries of the JooJoo. 7. Identify all promises that Plaintiffs, or persons acting on their behalf, made to you

that Plaintiffs did not fulfill. 8. Identify all representations that Plaintiffs, or persons acting on their behalf, made- to

you or to your personnel that were false or misleading.
9. Identify all persons who participate or have participated in your advertising,

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promotion, marketing, or publicity regarding your company's commercial activities, including your participation in and termination of the CrunchPad project and your development, advertising, promotion, marketing, offer for sale or lease or order, or sale or lease or order of JooJoo devices:

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Identify all persons who have invested in your equity, debt, or other securities and the

amounts each of them have invested. 11. 12. Identify all orders, pre-orders, sales, leases, and deliveries of the JooJoo devices. State the revenues you have received from orders, pre-orders, sales, leases, and

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deliveries of the JooJoo devices, Dated: December 28, 2009 WINSTON & STRAWN LLP

By:
ANDYTT P. BRIDGES DAVID S, LOCH NICHOLAS SHORT Attorneys for Plaintiffs

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PLAINTIFFTECACRUNCH'S FIRST SI`T OF INTERROGATORIES