Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 1041

Administrative Motion to File Under Seal Apple Inc.'s Opposition to Samsung's Motion to Enforce April 12, 2012 Order filed by Apple Inc.. (Attachments: #1 Declaration of Erica Tierney in Support of Admin. Motion to Seal, #2 Proposed Order Granting Motion to Seal, #3 Apple's Opposition to Samsung's Motion to Enforce April 12, 2012 Order, #4 Proposed Order Denying Samsung's Motion, #5 Declaration of Mia Mazza in Support of Apple's Opposition, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7)(Jacobs, Michael) (Filed on 6/5/2012) Modified on 6/6/2012 pursuant to General Order No. 62, attachment #1 sealed (dhm, COURT STAFF).

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DECLARATION OF MIA MAZZA IN SUPPORT OF APPLE’S OPPOSITIONS TO SAMSUNG’S MOTION FOR SANCTIONS AND MOTION TO ENFORCE EXHIBIT 1 PUBLIC REDACTED VERSION SUBJECT TO PROTECTIVE ORDER CONTAINS CONFIDENTIAL INFORMATION 1 2 3 4 5 6 HAROLD J. MCELHINNY (CA SBN 66781) hmcelhinny@mofo.com MICHAEL A. JACOBS (CA SBN 111664) mjacobs@mofo.com RICHARD S.J. HUNG (CA SBN 197425) rhung@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 7 8 9 10 11 WILLIAM F. LEE (pro hac vice) william.lee@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, Massachusetts 02109 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 MARK D. SELWYN (SBN 244180) mark.selwyn@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, California 94304 Telephone: (650) 858-6000 Facsimile: (650) 858-6100 Attorneys for Plaintiff and Counterclaim-Defendant Apple Inc. 12 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 14 15 16 APPLE INC., a California corporation, 17 Plaintiff, 18 19 20 21 22 23 Civil Action No. 11-CV-01846-LHK vs. APPLE INC.’S OBJECTIONS AND RESPONSES TO SAMSUNG’S SECOND SET OF INTERROGATORIES SAMSUNG ELECTRONICS CO., LTD., a Korean business entity, SAMSUNG ELECTRONICS AMERICA, INC., a New York corporation, and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company, CONFIDENTIAL UNDER THE PROTECTIVE ORDER Defendants. 24 25 26 27 28 1 APPLE INC.’S RESPONSES TO SAMSUNG’S SECOND SET OF INTERROGATORIES Case No. 11-cv-01846 (LHK) SUBJECT TO PROTECTIVE ORDER CONTAINS CONFIDENTIAL INFORMATION 1 2 3 4 SAMSUNG ELECTRONICS CO., LTD., a Korean business entity, SAMSUNG ELECTRONICS AMERICA, INC., a New York corporation, and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company, a California corporation, 5 Counterclaim-Plaintiffs, 6 7 8 9 v. APPLE INC., a California corporation, Counterclaim-Defendant. 10 11 12 PLAINTIFF AND COUNTERCLAIM-DEFENDANT APPLE INC.’S OBJECTIONS AND RESPONSES TO SAMSUNG’S SECOND SET OF INTERROGATORIES (NOS. 19-32) 13 14 15 16 Under Rules 26 and 33 of the Federal Rules of Civil Procedure and Local Rule 33, Apple Inc. (“Apple”) hereby objects and responds to the Second Set of Interrogatories to Apple Inc. (Nos. 19-32) served by Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and 17 Samsung Telecommunications America LLC (collectively, “Samsung”) on September 16, 2011. 18 19 These responses are based on information reasonably available to Apple at the present time. 20 Apple reserves the right to amend and supplement these responses when and if additional 21 information becomes available. 22 23 GENERAL OBJECTIONS Apple makes the following general responses and objections (“General Objections”) to 24 25 26 each definition, instruction, and interrogatory propounded in Samsung’s Second Set of Interrogatories to Apple Inc. These General Objections are hereby incorporated into each 27 28 2 APPLE INC.’S RESPONSES TO SAMSUNG’S SECOND SET OF INTERROGATORIES Case No. 11-cv-01846 (LHK) SUBJECT TO PROTECTIVE ORDER CONTAINS CONFIDENTIAL INFORMATION 1 2 3 OBJECTIONS AND RESPONSES TO INTERROGATORIES Subject to the foregoing qualifications and General Objections and the specific objections made below, Apple objects and responds to Samsung Electronics Co. Ltd.’s Second Set of 4 Interrogatories to Apple Inc. as follows: 5 6 7 Interrogatory No. 19 Separately for each APPLE ACCUSED PRODUCT, IDENTIFY: (1) the Baseband 8 Processor used; (2) the Executable Software incorporated or installed in the APPLE ACCUSED 9 PRODUCT; (2) the 3 GPP Release(s) supported (including which versions and subversions of 10 the 3GPP specification are supported within each Release); (3) the version(s) of HSUPA 11 12 supported; and (4) the version(s) of HSDPA supported, and IDENTIFY any documents which 13 reflect these categories of information. 14 Response to Interrogatory No. 19 15 Apple objects to this Interrogatory on the grounds that it is overbroad, unduly 16 burdensome, and not reasonably calculated to lead to the discovery of admissible evidence, 17 especially to the extent it seeks information about the accused Apple products beyond the 18 19 components, functionalities, or technologies of those products that may be relevant to Samsung’s 20 patents-in-suit, and/or that Samsung has placed at issue in this case in its Patent Rule 3-1 21 Disclosures. Accordingly, in responding to this interrogatory, Apple is not providing 22 information about versions of the iPhone 4 and iPad 2 3G that are not compatible with the 3GPP 23 UMTS standard, as those are outside the scope of Samsung’s infringement contentions. Apple 24 objects that the phrase “Executable Software incorporated or installed” is vague, overbroad, and 25 26 not reasonably calculated to lead to the discovery of admissible evidence. Apple objects to this 27 28 9 APPLE INC.’S RESPONSES TO SAMSUNG’S SECOND SET OF INTERROGATORIES Case No. 11-cv-01846 (LHK) SUBJECT TO PROTECTIVE ORDER CONTAINS CONFIDENTIAL INFORMATION 1 Interrogatory as it contains subparts that each should count as a separate Interrogatory. Apple 2 objects to the phrases “supported” and “which reflect these categories” as vague and ambiguous. 3 Apple also objects to this Interrogatory to the extent it seeks information that is subject to 4 a confidentiality or non-disclosure agreement or governed by a protective order preventing its 5 6 production, or otherwise seeks confidential, proprietary, or trade secret information of third 7 parties. Apple further objects to this Interrogatory to the extent it requires information outside 8 Apple’s possession, custody, and control, including, for example, information concerning 9 components that Apple has purchased from third parties. 10 Subject to and without waiving the foregoing General and Specific Objections, Apple 11 12 responds that in accordance with Federal Rule of Civil Procedure 33(d), Apple has produced 13 and/or will produce documents responsive to this Interrogatory, and that the burden of 14 ascertaining the answer to this Interrogatory from the produced business records is substantially 15 the same for Apple as for Samsung. Apple further designates, at this time, the following 16 documents from which information responsive to this Interrogatory may be ascertained, which 17 Apple has produced to Samsung in the matter captioned In the Matter of Certain Electronic 18 19 20 21 22 23 Devices, Including Wireless Communications Devices, Portable Music and Data Processing Devices, and Tablet Computers, Inv. No. 337-TA-794: Apple iPhone related documents: APL7940001420081 - APL7940001420106, APL7940001420107 - APL7940001420270, APL7940001420271 - APL7940001420363, APL7940001420364 - APL7940001420418, APL7940001420419 - APL7940001420468, 24 APL7940001420469 - APL7940001420529, APL7940001420530 - APL7940001420761, and 25 26 APL7940001420762 - APL794000142941. 27 28 10 APPLE INC.’S RESPONSES TO SAMSUNG’S SECOND SET OF INTERROGATORIES Case No. 11-cv-01846 (LHK) SUBJECT TO PROTECTIVE ORDER CONTAINS CONFIDENTIAL INFORMATION Apple iPad related documents: APL7940001420942 - APL7940001421023, 1 2 APL7940001421024 - APL7940001421103, and APL7940001421104 - APL7940001421202. 3 Apple further responds that at least the following baseband chips are included in the 4 Accused Products in the United States: 5 7 8 9 Baseband Chip Product 6 iPhone iPhone 3G iPhone 3GS 10 11 12 iPhone 4 AT&T iPad 1 13 iPad 1 3G 14 iPad 2 15 iPad 2 3G AT&T 16 17 18 19 Interrogatory No. 20 Separately for each APPLE ACCUSED PRODUCT and each Baseband Processor, IDENTIFY the Software or portions of Software (including corresponding file name and line 20 21 numbers) for performing multiplexing, channel coding, interleaving, demultiplexing of radio 22 frames, generating scrambling codes and/or rate matching, or state which of these functions are 23 not performed by the APPLE ACCUSED PRODUCT or Baseband Processor. 24 Response to Interrogatory No. 20 25 Apple objects to this Interrogatory on the grounds that it is overbroad, unduly 26 burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 27 28 11 APPLE INC.’S RESPONSES TO SAMSUNG’S SECOND SET OF INTERROGATORIES Case No. 11-cv-01846 (LHK)

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