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 D

QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Claude M. Stern (Bar No. 96737) [e-mail] 2 Patrick Doolittle (Bar No. 203659) [e-mail] 3 50 California Street, 22nd Floor 4 San Francisco, California 94111 [phone] Telephone: [phone] Facsimile: 1 6 Attorneys for Defendant Fusion Garage PTE. Ltd 7 8 9 10 INTERSERVE, INC. dba TECHCRUNCH, a Delaware corporation, and CRUNCHPAD, 12 INC., a Delaware corporation, 11 13 14 15 16 Defendant. 17 18 19 PROPOUNDING PARTY: DEFENDANT FUSION GARAGE PTE. LTD 20 RESPONDING PARTY:. 21 22 23 Pursuant to Fed. R. Civ. P. 33, Defendant Fusion Garage PTE. Ltd. hereby requests that SET NO.: PLAINTIFF CRUNCHPAD, INC. ONE
V s.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

CASE NO.09-cv-5812 JW FUSION GARAGE PTE. LTD'S SPECIAL INTERROGATORIES, SET ONE, TO CRUNCHPAD, INC.

Plaintiffs,

FUSION GARAGE PTE. LTD, a Singapore company,

24 Plaintiff CrunchPad, Inc. respond, under oath, to the following interrogatories within 30 days from 25 the service of these interrogatories. 26 I. 27 DEFINITIONS 1. "YOU", "YOUR', or "PLAINTIFF" means Plaintiff CrunchPad, Inc., and any

28 person acting under its direction or on its behalf, including its employees, agents, and attorneys.
04049.51632/3272817.1

CASE NO.09-cv-5812 JW FUSION GARAGE PTE. LTWS SPECIAL INTERROGATORIES, SET ONE

2.

"FUSION GARAGE" or "DEFENDANT" means Defendant Fusion Garage PTE.

Ltd., and any person acting under its direction or on its behalf, including its employees, agents, and attorneys.
3. "DOCUMENT" shall include, without limitation, all written, graphic or otherwise

recorded material, including without limitation, microfilms or other film records or impressions, tape recordings or computer cards, floppy disks or printouts, any and all papers, photographs, films, recordings, memoranda, books, records, accounts, communications, letters, telegrams,

8 correspondence, notes of meetings, notes of conversations, notes of telephone calls, inter-office 9 memoranda or written communications of any nature, recordings of conversations either in 10 writings or upon any mechanical or electrical recording devices, including e-mail, notes, papers, II 12 13
reports, analyses, invoices, canceled checks or check stubs, receipts, minutes of meetings, time sheets, diaries, desk calendars, ledgers, schedules, licenses, financial statements, telephone bills, logs, and any differing versions of any of the foregoing, whether so denominated, formal, informal

14 or otherwise, as well as copies of the foregoing which differ in any way, including by the addition 15
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.

4.

"IDENTIFY" with respect to a DOCUMENT means to give a full, complete, and

particularized description of the DOCUMENT, including the DOCUMENT's date, title, author, recipient(s), type (e.g., letter, memorandum, etc.), custodian, and a description of the contents with sufficient specificity to be'the basis for discovery.
5. "IDENTIFY" with respect to a person means to provide the person's full name,

23 present or last known business and residence address, present or last known telephone numbers, 24 and present or last known employment position or business affiliation. 25 26 II. INSTRUCTIONS
1. Each answer must be as complete and straightforward as the information

27 reasonably available to YOU, including the information possessed by YOUR attorneys or agents, 28 permits. If an interrogatory cannot be answered completely, answer it to the extent possible.
04049 . 51632 /3272817.1

-2CASE NO. 09-cv-5812 JW FUSION GARAGE PTE. LTWS SPECIAL INTERROGATORIES. SET ONE

2.

If YOU are asserting a privilege or making an objection to an interrogatory, YOU

must specifically assert the privilege or state the objection in your written response. 111. INTERROGATORIES

INTERROGATORY NO. 1: Describe with particularity each and every "business idea" that YOU contend DEFENDANT misappropriated. INTERROGATORY NO. 2:
For each "business idea" that YOU identified in response to Interrogatory. No. 1, state all

9 facts that support YOUR contention that such alleged business idea is protectable as intellectual 10 property or otherwise. II 12
INTERROGATORY NO. 3:

IDENTIFY all DOCUMENTS that contain or memorialize every allegedly protectable

13 business idea that YOU identified in response to Interrogatory No. 1. 14 INTERROGATORY NO. 4: 15
Describe with particularity every contribution that YOU allege YOU made to the alleged collaboration with DEFENDANT relating to the development of the CrunchPad web tablet or any of its prototypes.

INTERROGATORY NO. 5: Describe with particularity the entire content of every alleged trade secret that YOU contend DEFENDANT misappropriated. INTERROGATORY NO. 6:
IDENTIFY all DOCUMENTS that contain or memorialize every alleged trade secret that YOU identified in response to Interrogatory No, 5.

INTERROGATORY NO. 7:
Describe with particularity every alleged item of intellectual property, including, but not limited to , trade secrets, copyrights, trademarks , patents , or any applications thereof, that YOU

27 contend DEFENDANT misappropriated. 28
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CASE NO. 09-cv-5812 JW -3FUSION GARAGE PTE. LTWS SPECIAL INTERROGATORIES, SET ONE

INTERROGATORY NO. 8:
Describe with particularity all facts supporting YOUR contention that PLAINTIFF and DEFENDANT entered into a partnership or joint venture.

.J

INTERROGATORY NO. 9: IDENTIFY all DOCUMENTS supporting YOUR contention that PLAINTIFF and DEFENDANT entered into a partnership or joint venture. INTERROGATORY NO. 10: IDENTIFY all persons affiliated with YOU who provided any allegedly protectable 9 business ideas, trade secrets, or intellectual property to DEFENDANT. 10 INTERROGATORY NO. 11: 11 Describe with particularity all alleged promises DEFENDANT made to YOU that

12 DEFENDANT did not fulfill. 13 14 DATED: January 8, 2010 15 16 17 18 19 20 21 22 23 24 25 26 27 28
04049 .5163213272817.1

QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP

BY-] Patrick Doolittle Attorney for Defendant FUSION GARAGE PTE. LTD

_q._ CASE NO. 09-cv-5812 JW FUSION GARAGE PTE. LTD.'S SPECIAL INTERROGATORIES, SET ONE