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

Filing 32

Declaration of Patrick C. Doolittle in Support of 31 Reply to Response to Motion, for Protective Order filed byFusion Garage PTE. LTD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Related document(s) 31 ) (Doolittle, Patrick) (Filed on 3/2/2010)

EXHIBIT A

QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Claude M. Stern (Bar No . 96737) 2 claudestem @ quinnemanuel.com Patrick Doolittle ( Bar No. 203659) [e-mail] 3 I
50 California Street, 22nd Floor

4

San Francisco , California 94111 ( 415) 875-6600 Telephone : [phone] Facsimile : 6 Attorneys for Defendant Fusion Garage PTE. Ltd 7 8 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

10 II
12

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

CASE NO. 09-cv-5812 JW FUSION GARAGE PTE. LTD'S REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE)

13 14 15 16

FUSION GARAGE PTE. LTD, a Singapore company,

Defendant. 17 18 19 20 PROPOUNDING PARTY: 21 22 SET NO.: 23 24
Pursuant to Fed . R. Civ. P. 34, Defendant Fusion Garage PTE. Ltd. respectfully requests

DEFENDANT FUSION GARAGE PTE. LTD PLAINTIFFS INTERSERVE, INC., TECHCRUNCH AND CRUNCHPAD, INC. ONE

RESPONDING PARTY:

25 that , within thirty (30) days after service of these Requests , Plaintiffs Interserve , Inc., d/b/a 26 TechCrunch, and CrunchPad, Inc. serve a written response to, and produce at the offices of 27 Defendant ' s counsel, Quinn Emanuel Urquhart Oliver & Hedges, LLP, 50 California Street, 22nd 28
04049.51632/3272542.1

CASE NO. 09-cv-5812 JW FUSION GARAGE PTE. LTD'S REOUEST FOR PRODUCTION OF DOCUMENTS (SET ONE)

1

Floor, San Francisco , CA 94111, the following documents and tangible things in accordance with

2 the following Definitions and Instructions: 3 4 5 1. DEFINITIONS
A. "YOU", "YOUR", or "PLAINTIFFS" mean Plaintiffs Interserve , Inc., d/b/a

TechCrunch, and CrunchPad, Inc., and any person acting under their direction or on their behalf,

6 including their employees, agents, and attorneys. 7 8 B. "FUSION GARAGE" or "DEFENDANT" mean defendant Fusion Garage PTE.

Ltd., and any person acting under its direction or on its behalf, including its employees, agents,

9 and attorneys. 10 11
C. "DOCUMENT" shall include , without limitation, all written , graphic or otherwise

recorded material, including without limitation , microfilms or other film records or impressions,

12 tape recordings or computer cards, floppy disks or printouts, any and all papers, photographs,
13 14 films, recordings , memoranda , books, records, accounts , communications , letters, telegrams, correspondence , notes of meetings, notes of conversations , notes of telephone calls, inter-office memoranda or written communications of any nature, recordings of conversations either in

15

16 writings or upon any mechanical or electrical recording devices, including e-mail, notes, papers, 17 reports, analyses, invoices , canceled checks or check stubs, receipts, minutes of meetings, time 18
sheets, diaries, desk calendars , ledgers, schedules , licenses, financial statements , telephone bills,

19 logs, and any differing versions of any of the foregoing, whether so denominated , formal , informal 20 or otherwise , as well as copies of the foregoing which differ in any way, including by the addition 21 22 23 24 25
of handwritten notations or other written or printed matter of any nature , from the original. The foregoing specifically includes information stored in a computer database and capable of being generated in documentary form, such as electronic mail. D. "RELATE TO" or "REFER TO" or any variants thereof, means mentions,

discusses , describes , comments on, refers, or pertains to the subject matter of the request, directly

26 or indirectly, in whole or in part. 27 28
04049 , 51632 /3272542.1

E.

"ANY" includes "any ," "all," "each," and "every."

-2CASE NO. 09-cv-5812 JW FUSION GARAGE PTE. LTD'S REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE)

I 2 3

II,

INSTRUCTIONS
A. Each document and thing produced in response hereto shall either be produced as it

is kept in the usual course of business or shall be organized and labeled to correspond with the

4 categories of the request in response to which it is being produced. 5
B. A representation of inability to comply with a particular request shall affirm that a

6 diligent search and a reasonable inquiry have been made . The statement shall also specify whether 7 8
inability to comply is because the item has never existed; has been destroyed ; has been lost, misplaced or stolen ; or has never been, or no longer is, in your possession, custody, or control. If

9 the item is not in your possession , custody or control , the statement shall specify the name and 10 address of any natural person or organization believed to have such possession , custody or control. 11 12 13
C. In the event that any document called for is withheld from production under a claim

of privilege or other claimed immunity from discovery, such document shall be identified in writing by stating (a) its author; (b) each addressee ; (c) each person who has received a copy of the

14 document ; (d) the document' s date, general subject matter , number of pages, attachments or 15
appendices ; (e) the present custodian of the document; and (f) the nature of the privilege or

16 immunity asserted. If the document is withheld on attorney-client privilege grounds, the name of 17 the attorney, name of the client, and basis for the claim of privilege shall also be identified. 18
D. If you object to the production of any document on the grounds that it is protected

19 from disclosure by the attorney-client privilege, work-product doctrine , or any other privilege, you 20 are requested to identify each document for which the privilege is claimed and give all information 21
22 required by applicable case law, including but not limited to the following: 1. 2. the name of the writer, sender, or initiator of each copy of the document; the name of the recipient, addressee, or party to whom any copy of the document was sent; 3. 4. 5. the date of each copy of the document, if any, or an estimate of its date; a statement of the basis for the claim of privilege; and a description of the document sufficient for the Court to rule on the applicability and appropriateness of the claimed privilege.
CASE NO. 09-cv-5812 JW -3FUSION GARAGE PTE. LTD'S REOUEST FOR PRODUCTION OF DOCUMENTS (SET ONE)

23 24 25 26 27 28
04049 . 51632 /3272542.1

.l

E.

To the extent that you object to any part of the following requests ( or definitions

2 and instructions applicable thereto ), produce the documents responsive to that part of the request
to which you do not object, and state specifically each ground upon which objection is made. F. In the event that any document requested herein has been lost, discarded , destroyed

or transferred beyond your control , identify such document by providing as much of the following information as is possible: the type of document ; the date of the document ; the approximate date it was lost, discarded, destroyed or transferred; the reason or reasons for disposing of the document; the identity of all persons authorizing or having knowledge of the circumstances surrounding the

9 disposal of the document ; the identity of the person (s) who lost, discarded , destroyed or 10 transferred the document ; and the identity of all persons who have knowledge of the document's 11 12 13
contents. G. It is your obligation to provide all responsive documents in your possession,

custody or control . This includes documents in the possession of your attorneys, agents,

14 representatives , other outside service providers and persons employed by you or your attorneys. 15 H. The request for production of documents herein shall be deemed continuous up to

16 and following the date of your production such that any document requested herein which is either 17 discovered by you or comes within your possession , custody, or control subsequent to your initial 18 production but prior to the final conclusion of this case should be produced immediately upon its 19 discovery or receipt. 20 III. 21 22 23 DOCUMENTS REQUESTED

REQUEST FOR PRODUCTION NO. 1:
All DOCUMENTS disclosing or describing each alleged "business idea" that YOU contend DEFENDANT misappropriated.

24 REQUEST FOR PRODUCTION NO. 2: 25
All DOCUMENTS disclosing or describing each alleged trade secret that YOU contend

26 DEFENDANT misappropriated. 27 28
04049 . 51632/3272542.1

REQUEST FOR PRODUCTION NO. 3:
All DOCUMENTS disclosing or describing each alleged item of intellectual property,
CASE NO. 09-ev-5812 JW _4_ FUSION GARAGE PTE. LTD'S REOUEST FOR PRODUCTION OF DOCUMENTS (SET ONE)

I
2

including, but not limited to, copyrights, trademarks, patents, or any applications thereof, that YOU contend DEFENDANT misappropriated or infringed.

REQUEST FOR PRODUCTION NO. 4: All DOCUMENTS supporting YOUR contention that PLAINTIFFS and DEFENDANT
entered into a partnership or joint venture. REQUEST FOR PRODUCTION NO. 5:

7

All DOCUMENTS reflecting communications amongst YOUR employees or agents

8 relating to YOUR alleged collaboration with DEFENDANT to develop the CrunchPad web tablet 9 or any of its prototypes. 10 REQUEST FOR PRODUCTION NO. 6: 11 12 13
All DOCUMENTS reflecting communications between YOUR employees or agents and DEFENDANT' S employees or agents relating to YOUR alleged collaboration with DEFENDANT to develop the CrunchPad web tablet or any of its prototypes.

14 REQUEST FOR PRODUCTION NO. 7: 15 16 17 18 19
All DOCUMENTS reflecting communications between YOUR employees or agents and any third party relating to YOUR alleged collaboration with DEFENDANT to develop the CrunchPad web tablet or any of its prototypes.

REQUEST FOR PRODUCTION NO. 8: All DOCUMENTS concerning DEFENDANT or any of its personnel.

20 REQUEST FOR PRODUCTION NO. 9: 21
All DOCUMENTS relating to YOUR projected revenues, expenses, or profits from any

22 projected sales of the CrunchPad web tablet. 23 24 REQUEST FOR PRODUCTION NO. 10:
All DOCUMENTS created or drafted by YOU relating to the marketing or promotion of

25 the CrunchPad web tablet or any of its prototypes. 26 REQUEST FOR PRODUCTION NO. 11: 27 28
04049.51632/3272542.1

All DOCUMENTS created or drafted by YOU relating to the design, technical specifications, computer code, software architecture, or hardware architecture of the CrunchPad
-5_ CASE NO.09-cv-5812 JW FUSION GARAGE PTE. LTD'S REOUEST FOR PRODUCTION OF DOCUMENTS (SET ONE)

I

web tablet or any of its prototypes.

2 REQUEST FOR PRODUCTION NO. 12:
All DOCUMENTS containing statements made by DEFENDANT that YOU contend were false and misleading under the Lanham Act and/or the California Business and Professions Code. REQUEST FOR PRODUCTION NO. 13:

All DOCUMENTS reflecting or containing alleged promises from DEFENDANT to YOU 7 that YOU contend DEFENDANT did not fulfill. 8 9 10 II 12 13 REQUEST FOR PRODUCTION NO. 14: All DOCUMENTS that YOU referenced or relied upon in responding to DEFENDANT'S Special Interrogatories , Set One, served concurrently herewith on PLAINTIFFS. REQUEST FOR PRODUCTION NO. 15:
All DOCUMENTS reflecting blog posts or other internet postings that REFER TO the CrunchPad web tablet or any of its prototypes.

14 REQUEST FOR PRODUCTION NO. 16: 15 All DOCUMENTS reflecting blog posts or other internet postings that REFER TO the

16 JooJoo device. 17 REQUEST FOR PRODUCTION NO. 17: 18 All DOCUMENTS reflecting blog posts or other internet postings that REFER TO this

19 litigation. REQUEST FOR PRODUCTION NO. 18:
All DOCUMENTS reflecting communications between YOUR employees or agents and any third party that RELATE TO this litigation.

REQUEST FOR PRODUCTION NO. 19:
All DOCUMENTS reflecting Non-Disclosure Agreements that RELATE TO YOUR alleged collaboration with DEFENDANT to develop the CrunchPad web tablet or any of its prototypes.

27 28
04049.5163213272542.1

CASE NO. 09-cv-5812 JW -6FUSION GARAGE PTE. LTD's REOUEST FOR PRODUCTION OF DOCUMENTS (SET ONE)

I
2

REQUEST FOR PRODUCTION NO. 20: All DOCUMENTS reflecting development agreements, partnership agreements, joint venture agreements , or other written agreements that RELATE TO YOUR alleged collaboration

3

4 with DEFENDANT to develop the CrunchPad web tablet or any of its prototypes, including all 5 drafts of such agreements.

6 REQUEST FOR PRODUCTION NO. 21: 7 All DOCUMENTS reflecting communications between Michael Arrington and Heather

8 Harde that RELATE TO this litigation. 9 REQUEST FOR PRODUCTION NO. 22: 10 11 12 13
14

All DOCUMENTS reflecting communications between Michael Arrington and Heather Harde that RELATE TO DEFENDANT.

DATED: January 8, 2010

QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP

15 16 By__]
Patrick Doolittle

Attorney for Defendant FUSION GARAGE PTE. LTD

27 28
04049.51632/3272542.1

CASE NO.09-cv-5812 JW -7FUSION GARAGE PTE. LTD'S REOUEST FOR PRODUCTION OF DOCUMENTS (SET ONE)