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

Filing 205

MOTION to Compel (Redacted) filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. Motion Hearing set for 9/13/2011 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 9/9/2011. Replies due by 9/12/2011. (Attachments: # 1 Jenkins Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Proposed Order)(Maroulis, Victoria) (Filed on 9/1/2011)

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EXHIBIT C 02198.51855/4324347.1 1 2 3 4 5 6 7 8 9 10 11 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 KENNETH H. BRIDGES (CA SBN 243541) kbridges@bridgesmav.com MICHAEL T. PIEJA (CA SBN 250351) mpieja@bridgesmav.com BRIDGES & MAVRAKAKIS LLP 3000 El Camino Real One Palo Alto Square, 2nd Floor Palo Alto, CA 94306 Telephone: (650) 804-7800 Facsimile: (650) 852-9224 WILLIAM F. LEE (pro hac vice anticipated) william.lee@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, MA 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 APPLE INC. 12 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN JOSE DIVISION 17 APPLE INC., a California corporation, 18 19 20 21 22 23 24 Plaintiff, v. SAMSUNG ELECTRONICS CO., LTD., a Korean corporation; SAMSUNG ELECTRONICS AMERICA, INC., a New York corporation; and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company, Case No. 11-cv-01846-LHK APPLE INC.’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS RELATING TO APPLE INC.’S MOTION FOR A PRELIMINARY INJUNCTION Defendants. 25 26 27 28 APPLE INC.’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION CASE NO. 11-CV-01846-LHK sf-3019412 1 In accordance with Rule 34 of the Federal Rules of Civil Procedure, Plaintiff Apple Inc. 2 (“Apple”) objects and responds to the Requests for Production of Documents and Things Relating 3 to Apple Inc.’s Motion for a Preliminary Injunction served by Defendants Samsung Electronics 4 Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC 5 (collectively “Samsung”) on July 6, 2011. 6 GENERAL OBJECTIONS 7 Apple makes the following general responses and objections (“General Objections”) to 8 each definition, instruction, and request propounded in Samsung’s Requests for Production of 9 Documents and Things Relating to Apple Inc.’s Motion for a Preliminary Injunction. These 10 General Objections are hereby incorporated into each specific response. The assertion of the 11 same, similar or additional objections or partial responses to the individual requests does not 12 waive any of Apple’s General Objections. 13 1. Apple objects to Samsung’s definitions of “APPLE,” “PLAINTIFF,” “YOU,” and 14 “YOUR” to the extent they purport to include persons or entities that are separate and distinct 15 from Apple and are not under Apple’s control. “Apple” refers only to Apple Inc. 16 2. Apple objects to Samsung’s definition of “PRIOR ART” as inaccurate, overly 17 broad, vague, ambiguous, and unduly burdensome. Samsung’s definition is particularly vague 18 and ambiguous in its use of the phrase “relevant to the validity,” and overly broad in attempting 19 to include information other than that cited to the Patent Office during the prosecutions of the 20 patents that are the subject of Apple’s Motion for a Preliminary Injunction. 21 3. Apple objects to these requests to the extent they incorporate Samsung’s definition 22 of “RELATING.” Samsung’s definition of this term renders each request incorporating the term 23 overly broad, vague, ambiguous, and unduly burdensome. 24 4. Apple objects to Samsung’s definitions of “DESIGN PATENTS” and the “’381 25 PATENT” because they are inaccurate, overly broad, vague, ambiguous, and unduly burdensome. 26 The phrase “design patents” means U.S. Design Patent Nos. D618,677, D593,087, and D504,889. 27 The “’381 patent” means U.S. Patent No. 7,469,381. 28 APPLE INC.’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION CASE NO. 11-CV-01846-LHK sf-3019412 1 5. Apple objects to Samsung’s instruction requiring that drafts of documents must be 2 produced “without abbreviation or redaction” to the extent that it calls for production of any 3 documents protected from discovery by the attorney-client privilege or the work product doctrine. 4 6. Apple objects to Samsung’s instruction requiring the identification of information 5 pertaining to documents that are withheld on the basis of a claim of privilege or immunity from 6 discovery to the extent that it purports to impose any requirement or obligation on Apple other 7 than as set forth in the Federal Rules of Civil Procedure. 8 9 7. Apple objects to the requests to the extent that they seek confidential or proprietary information pertaining to Apple’s business, trade secrets, or economic relationships, as a 10 protective order has not yet been entered. Apple also reserves the right to object to these requests 11 on any additional grounds. 12 Subject to the foregoing qualifications and General Objections and the specific objections 13 made below, Apple objects and responds to Samsung’s Requests for Production of Documents 14 and Things Relating to Apple Inc.’s Motion for a Preliminary Injunction as follows: 15 16 17 SPECIFIC OBJECTIONS AND RESPONSES REQUEST FOR PRODUCTION NO. 1: DOCUMENTS RELATING to the conception and reduction to practice of the DESIGN 18 PATENTS and the ’381 PATENT. 19 RESPONSE TO REQUEST FOR PRODUCTION NO. 1: 20 Apple incorporates its General Objections. Apple objects to this request to the extent it 21 seeks the production of documents that: (i) are protected from discovery by the attorney-client 22 privilege or the work product doctrine; (ii) are outside of Apple’s possession, custody, or control; 23 (iii) would require Apple to draw a legal conclusion to respond; or (iv) can be obtained as easily 24 by Samsung, are already in Samsung’s possession, or are publicly available. 25 Subject to these objections, Apple will produce relevant, non-privileged documents within 26 its possession, custody, or control, if any, after conducting a reasonable search. 27 REQUEST FOR PRODUCTION NO. 2: 28 APPLE INC’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION CASE NO. 11-CV-01846-LHK sf-3019412 2 1 DOCUMENTS sufficient to identify the individuals, including but not limited to named 2 inventors, who contributed to the conception of the designs or alleged inventions of the DESIGN 3 PATENTS or the ’381 PATENT. 4 RESPONSE TO REQUEST FOR PRODUCTION NO. 2: 5 Apple incorporates its General Objections. Apple objects to this request to the extent it 6 seeks the production of documents that: (i) are protected from discovery by the attorney-client 7 privilege or the work product doctrine; (ii) would require Apple to draw a legal conclusion to 8 respond; or (iii) can be obtained as easily by Samsung, are already in Samsung’s possession, or 9 are publicly available. 10 Subject to these objections, Apple will produce relevant, non-privileged documents within 11 its possession, custody, or control, if any, after conducting a reasonable search. 12 REQUEST FOR PRODUCTION NO. 3: 13 Samples of all products that Apple contends infringe the DESIGN PATENTS and the 14 ’381 PATENT. 15 RESPONSE TO REQUEST FOR PRODUCTION NO. 3: 16 Apple incorporates its General Objections. Apple objects to this request as overly broad, 17 unduly burdensome, and not reasonably calculated to lead to the discovery of admissible 18 evidence, especially because it requests samples of “all products,” including Samsung’s own 19 products and non-party products. Apple objects that this request calls for information that is not 20 relevant to the claims or defenses at issue in Apple’s Motion for a Preliminary Injunction. Apple 21 objects to this request to the extent it seeks the production of documents that: (i) are protected 22 from discovery by the attorney-client privilege or the work product doctrine; (ii) are outside of 23 Apple’s possession, custody, or control; (iii) would require Apple to draw a legal conclusion to 24 respond; (iv) can be obtained as easily by Samsung, are already in Samsung’s possession, or are 25 publicly available; or (v) are subject to a confidentiality or non-disclosure agreement or governed 26 by a protective order preventing its production. 27 REQUEST FOR PRODUCTION NO. 4: 28 APPLE INC’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION CASE NO. 11-CV-01846-LHK sf-3019412 3 1 Communications between YOU and any other person, including, but not limited to, the 2 inventors of the DESIGN PATENTS and of the ’381 PATENT, concerning the DESIGN 3 PATENTS or the ’381 PATENT, any products accused of infringing the DESIGN PATENTS or 4 the ’381 PATENT, or This Lawsuit. 5 RESPONSE TO REQUEST FOR PRODUCTION NO. 4: 6 Apple incorporates its General Objections. Apple objects to this request as overly broad, 7 unduly burdensome, and not reasonably calculated to lead to the discovery of admissible 8 evidence, especially as its seeks communications with parties other than Samsung or involving 9 Samsung products other than those at issue in Apple’s Motion for a Preliminary Injunction. 10 Apple objects to this request as calling for information that is not relevant to the claims or 11 defenses at issue in Apple’s Motion for a Preliminary Injunction. Apple objects to this request to 12 the extent it seeks the production of documents that: (i) are protected from discovery by the 13 attorney-client privilege or the work product doctrine; (ii) are outside of Apple’s possession, 14 custody, or control; (iii) would require Apple to draw a legal conclusion to respond; (iv) can be 15 obtained as easily by Samsung, are already in Samsung’s possession, or are publicly available; or 16 (v) are subject to a confidentiality or non-disclosure agreement or governed by a protective order 17 preventing its production. 18 Subject to these objections, Apple will produce relevant, non-privileged documents within 19 its possession, custody, or control, if any, after conducting a reasonable search. 20 REQUEST FOR PRODUCTION NO. 5: 21 DOCUMENTS RELATING to the functionality—including the ease of manufacturing, 22 cost savings, or any other benefit of any claimed feature, element or combination of elements in 23 any of the DESIGN PATENTS, including without limitation: 24 (a) a flat front screen, 25 (b) a clear front screen, 26 (c) a black-colored front surface, 27 (d) rectangular shape, 28 (e) four corners, rounded corners, APPLE INC’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION CASE NO. 11-CV-01846-LHK sf-3019412 4 1 (g) symmetry, 2 (h) a rectangular screen, 3 (i) an inset screen, substantial borders on two sides of a screen, 4 (k) narrow borders on two sides of a screen, 5 (1) a horizontal speaker slot, 6 (m) a speaker slot on the front, 7 (n) a centered speaker, 8 (o) a speaker above a display screen, 9 (p) a speaker near the top of a phone handset, 10 (q) a bezel around the edge of product, 11 (r) a circular button on the front, or 12 (s) a button located at the center bottom. 13 14 RESPONSE TO REQUEST FOR PRODUCTION NO. 5: Apple incorporates its General Objections. Apple objects to the phrase “any other 15 benefit” as vague and ambiguous. Apple objects to this request as overly broad, unduly 16 burdensome, and not reasonably calculated to lead to the discovery of admissible evidence and as 17 calling for information that is not relevant to the claims or defenses at issue in Apple’s Motion for 18 a Preliminary Injunction. Apple objects to this request to the extent it seeks the production of 19 documents that: (i) are protected from discovery by the attorney-client privilege or the work 20 product doctrine; (ii) are outside of Apple’s possession, custody, or control; (iii) would require 21 Apple to draw a legal conclusion to respond; (iv) can be obtained as easily by Samsung, are 22 already in Samsung’s possession, or are publicly available; or (v) are subject to a confidentiality 23 or non-disclosure agreement or governed by a protective order preventing its production. 24 Subject to these objections, Apple will meet and confer with Samsung about reasonable 25 limitations in response to this request. 26 REQUEST FOR PRODUCTION NO. 6: 27 28 DOCUMENTS RELATING to the scope, construction, meaning or interpretation of the DESIGN PATENTS or the ’381 PATENT. APPLE INC’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION CASE NO. 11-CV-01846-LHK sf-3019412 5 1 2 RESPONSE TO REQUEST FOR PRODUCTION NO. 6: Apple incorporates its General Objections. Apple objects to this request as overly broad, 3 unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence 4 and as calling for information that is not relevant to the claims or defenses at issue in Apple’s 5 Motion for a Preliminary Injunction. Apple objects to this request to the extent it seeks the 6 production of documents that: (i) are protected from discovery by the attorney-client privilege or 7 the work product doctrine; (ii) are outside of Apple’s possession, custody, or control; (iii) would 8 require Apple to draw a legal conclusion to respond; (iv) can be obtained as easily by Samsung, 9 are already in Samsung’s possession, or are publicly available; or (v) are subject to a 10 confidentiality or non-disclosure agreement or governed by a protective order preventing its 11 production. 12 Subject to these objections, Apple will produce relevant, non-privileged documents within 13 its possession, custody, or control, if any, after conducting a reasonable search. 14 REQUEST FOR PRODUCTION NO. 7: 15 DOCUMENTS RELATING to any re-examination proceedings before the United States 16 Patent and Trademark Office RELATING to the ’381 PATENT. 17 RESPONSE TO REQUEST FOR PRODUCTION NO. 7: 18 Apple incorporates its General Objections. Apple objects to this request to the extent it 19 seeks the production of documents that: (i) are protected from discovery by the attorney-client 20 privilege or the work product doctrine; (ii) are outside of Apple’s possession, custody, or control; 21 or (iii) can be obtained as easily by Samsung, are already in Samsung’s possession, or are 22 publicly available. 23 Subject to these objections, Apple will produce relevant, non-privileged documents within 24 its possession, custody, or control, if any, after conducting a reasonable search. 25 REQUEST FOR PRODUCTION NO. 8: 26 DOCUMENTS discussing, reflecting, supporting, undermining, or otherwise RELATING 27 to the scope, infringement, validity, and enforceability of any claim of the DESIGN PATENTS or 28 the ’381 PATENT. APPLE INC’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION CASE NO. 11-CV-01846-LHK sf-3019412 6 1 2 RESPONSE TO REQUEST FOR PRODUCTION NO. 8: Apple incorporates its General Objections. Apple objects to this request as overly broad, 3 unduly burdensome, and not reasonably calculated to lead to the discovery of admissible 4 evidence. Apple also objects to this request as calling for information that is not relevant to the 5 claims or defenses at issue in Apple’s Motion for a Preliminary Injunction because, for example, 6 Samsung has not pleaded unenforceability in its Answer and Counterclaims. Apple objects to this 7 request to the extent it seeks the production of documents that: (i) are protected from discovery 8 by the attorney-client privilege or the work product doctrine; (ii) are outside of Apple’s 9 possession, custody, or control; (iii) would require Apple to draw a legal conclusion to respond; 10 (iv) can be obtained as easily by Samsung, are already in Samsung’s possession, or are publicly 11 available; or (v) are subject to a confidentiality or non-disclosure agreement or governed by a 12 protective order preventing its production. 13 Subject to these objections, Apple will produce relevant, non-privileged documents within 14 its possession, custody, or control, if any, after conducting a reasonable search. 15 REQUEST FOR PRODUCTION NO. 9: 16 Transcripts of testimony given at a deposition, hearing, trial, or other proceeding by the 17 named inventors of the DESIGN PATENTS or the ’381 PATENT RELATING to the DESIGN 18 PATENTS or the ’381 PATENT, including any testimony provided by Bas Ording RELATING 19 to the ’381 PATENT. 20 RESPONSE TO REQUEST FOR PRODUCTION NO. 9: 21 Apple incorporates its General Objections. Apple objects to the phrase “other 22 proceeding” as vague and ambiguous. Apple objects to this request to the extent it seeks the 23 production of documents that: (i) are outside of Apple’s possession, custody, or control; (ii) can 24 be obtained as easily by Samsung, are already in Samsung’s possession, or are publicly available; 25 or (iii) are subject to a confidentiality or non-disclosure agreement or governed by a protective 26 order preventing its production. 27 28 Subject to these objections, Apple will produce relevant, non-privileged documents within its possession, custody, or control, if any, after conducting a reasonable search. APPLE INC’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION CASE NO. 11-CV-01846-LHK sf-3019412 7 1 2 3 REQUEST FOR PRODUCTION NO. 10: PRIOR ART relating to the DESIGN PATENTS or the ’381 PATENT. RESPONSE TO REQUEST FOR PRODUCTION NO. 10: 4 Apple incorporates its General Objections. Apple objects to this request to the extent it 5 seeks the production of documents that: (i) are protected from discovery by the attorney-client 6 privilege or the work product doctrine; (ii) are outside of Apple’s possession, custody, or control; 7 (iii) would require Apple to draw a legal conclusion to respond; (iv) can be obtained as easily by 8 Samsung, are already in Samsung’s possession, or are publicly available; or (v) are subject to a 9 confidentiality or non-disclosure agreement or governed by a protective order preventing its 10 11 production. Subject to these objections, Apple will produce relevant, non-privileged documents within 12 its possession, custody, or control, if any, after conducting a reasonable search. 13 REQUEST FOR PRODUCTION NO. 11: 14 Samples of all products that embody the claims of any of the DESIGN PATENTS or the 15 ’381 PATENT and publications, product literature or publications relating to such products. 16 RESPONSE TO REQUEST FOR PRODUCTION NO. 11: 17 Apple incorporates its General Objections. Apple objects to the phrase “publications, 18 product literature or publications relating to such products” as vague and ambiguous. Apple 19 objects to this request as overly broad, unduly burdensome, and not reasonably calculated to lead 20 to the discovery of admissible evidence and calling for information that is not relevant to the 21 claims or defenses at issue in Apple’s Motion for a Preliminary Injunction. Apple objects to this 22 request to the extent it seeks the production of documents that: (i) are protected from discovery 23 by the attorney-client privilege or the work product doctrine; (ii) are outside of Apple’s 24 possession, custody, or control; (iii) would require Apple to draw a legal conclusion to respond; 25 (iv) can be obtained as easily by Samsung, are already in Samsung’s possession, or are publicly 26 available; or (v) are subject to a confidentiality or non-disclosure agreement or governed by a 27 protective order preventing its production. 28 APPLE INC’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION CASE NO. 11-CV-01846-LHK sf-3019412 8 1 Subject to these objections, Apple will make available for inspection released iPhone or 2 iPad products that are not already in Samsung's possession or publicly available. 3 REQUEST FOR PRODUCTION NO. 12: 4 DOCUMENTS sufficient to identify every foreign counterpart patent application to the 5 DESIGN PATENTS and the ’381 PATENT. 6 RESPONSE TO REQUEST FOR PRODUCTION NO. 12: 7 Apple incorporates its General Objections. Apple objects to this request as calling for 8 information that is not relevant to the claims or defenses at issue in Apple’s Motion for a 9 Preliminary Injunction. Apple objects to this request to the extent it seeks the production of 10 documents that: (i) are protected from discovery by the attorney-client privilege or the work 11 product doctrine; (ii) are outside of Apple’s possession, custody, or control; (iii) would require 12 Apple to draw a legal conclusion to respond; or (iv) can be obtained as easily by Samsung, are 13 already in Samsung’s possession, or are publicly available. 14 Subject to these objections, Apple will produce relevant, non-privileged documents within 15 its possession, custody, or control, if any, after conducting a reasonable search. 16 REQUEST FOR PRODUCTION NO. 13: 17 The prosecution history for every foreign counterpart patent application to the DESIGN 18 PATENTS and the ’381 PATENT, including any English translations. 19 RESPONSE TO REQUEST FOR PRODUCTION NO. 13: 20 Apple incorporates its General Objections. Apple objects to this request as calling for 21 information that is not relevant to the claims or defenses at issue in Apple’s Motion for a 22 Preliminary Injunction. Apple objects to this request to the extent it seeks the production of 23 documents that: (i) are protected from discovery by the attorney-client privilege or the work 24 product doctrine; (ii) are outside of Apple’s possession, custody, or control; (iii) would require 25 Apple to draw a legal conclusion to respond; or (iv) can be obtained as easily by Samsung, are 26 already in Samsung’s possession, or are publicly available. 27 28 Subject to these objections, Apple will produce relevant, non-privileged documents within its possession, custody, or control, if any, after conducting a reasonable search. APPLE INC’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION CASE NO. 11-CV-01846-LHK sf-3019412 9 1 2 REQUEST FOR PRODUCTION NO. 14: Each item of PRIOR ART cited in the prosecution history for every foreign counterpart 3 patent application to the DESIGN PATENTS and the ’381 PATENT, including any English 4 translations. 5 RESPONSE TO REQUEST FOR PRODUCTION NO. 14: 6 Apple incorporates its General Objections. Apple objects to this request to the extent it 7 seeks the production of documents that: (i) are protected from discovery by the attorney-client 8 privilege or the work product doctrine; (ii) are outside of Apple’s possession, custody, or control; 9 (iii) would require Apple to draw a legal conclusion to respond; or (iv) can be obtained as easily 10 11 by Samsung, are already in Samsung’s possession, or are publicly available. Subject to these objections, Apple will produce relevant, non-privileged documents within 12 its possession, custody, or control, if any, after conducting a reasonable search. 13 REQUEST FOR PRODUCTION NO. 15: 14 All DOCUMENTS relied on by Cooper Woodring in his declaration submitted in support 15 of YOUR Motion for Preliminary Injunction dated July 1, 2011. 16 RESPONSE TO REQUEST FOR PRODUCTION NO. 15: 17 Apple incorporates its General Objections. Apple objects to this request to the extent it 18 seeks the production of documents that: (i) are protected from discovery by the attorney-client 19 privilege or the work product doctrine; (ii) are outside of Apple’s possession, custody, or control; 20 or (iii) can be obtained as easily by Samsung, are already in Samsung’s possession, or are 21 publicly available. 22 Subject to these objections, Apple will produce relevant, non-privileged documents within 23 its possession, custody, or control, if any, after conducting a reasonable search. 24 REQUEST FOR PRODUCTION NO. 16: 25 All prior expert reports and declarations submitted by Cooper Woodring in other 26 litigations involving design patent infringement, industrial design, or electronic consumer goods. 27 RESPONSE TO REQUEST FOR PRODUCTION NO. 16: 28 APPLE INC’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION CASE NO. 11-CV-01846-LHK sf-3019412 10 1 Apple incorporates its General Objections. Apple objects to this request as overly broad, 2 unduly burdensome, not reasonably calculated to lead to the discovery of admissible evidence, 3 and not limited in time. Apple objects to this request as calling for information that is not 4 relevant to the claims or defenses at issue in Apple’s Motion for a Preliminary Injunction, 5 including reports and declarations that do not relate to the design patents at issue in that motion. 6 Apple objects to this request to the extent it seeks the production of documents that: (i) are 7 protected from discovery by the attorney-client privilege or the work product doctrine; (ii) are 8 outside of Apple’s possession, custody, or control; (iii) can be obtained as easily by Samsung, are 9 already in Samsung’s possession, or are publicly available; or (iv) are subject to a confidentiality 10 or non-disclosure agreement or governed by a protective order preventing its production. 11 Subject to these objections, Apple will produce relevant, non-privileged documents 12 relating to Apple, if any, within its possession, custody, or control after conducting a reasonable 13 search. 14 REQUEST FOR PRODUCTION NO. 17: 15 All trial and deposition transcripts from other litigations in which Cooper Woodring 16 testified as an expert. 17 RESPONSE TO REQUEST FOR PRODUCTION NO. 17: 18 Apple incorporates its General Objections. Apple objects to this request as overly broad, 19 unduly burdensome, not reasonably calculated to lead to the discovery of admissible evidence, 20 and not limited in time. Apple objects to this request as calling for information that is not 21 relevant to the claims or defenses at issue in Apple’s Motion for a Preliminary Injunction, 22 including transcripts that do not relate to the design patents at issue in that motion. Apple objects 23 to this request to the extent it seeks the production of documents that: (i) are protected from 24 discovery by the attorney-client privilege or the work product doctrine; (ii) are outside of Apple’s 25 possession, custody, or control; (iii) can be obtained as easily by Samsung, are already in 26 Samsung’s possession, or are publicly available; or (iv) are subject to a confidentiality or non- 27 disclosure agreement or governed by a protective order preventing its production. 28 APPLE INC’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION CASE NO. 11-CV-01846-LHK sf-3019412 11 1 Subject to these objections, Apple will produce relevant, non-privileged documents 2 relating to Apple, if any, within its possession, custody, or control after conducting a reasonable 3 search. 4 REQUEST FOR PRODUCTION NO. 18: 5 All DOCUMENTS relied on by Ravin Balakrishnan in his declaration submitted in 6 support of YOUR Motion for Preliminary Injunction dated July 1, 2011. 7 RESPONSE TO REQUEST FOR PRODUCTION NO. 18: 8 Apple incorporates its General Objections. Apple objects to this request to the extent it 9 seeks the production of documents that: (i) are protected from discovery by the attorney-client 10 privilege or the work product doctrine; (ii) are outside of Apple’s possession, custody, or control; 11 (iii) or can be obtained as easily by Samsung, are already in Samsung’s possession, or are 12 publicly available. 13 Subject to these objections, Apple will produce relevant, non-privileged documents within 14 its possession, custody, or control, if any, after conducting a reasonable search. 15 REQUEST FOR PRODUCTION NO. 19: 16 All prior expert reports and declarations submitted by Ravin Balakrishnan in other 17 litigations involving utility patents. 18 RESPONSE TO REQUEST FOR PRODUCTION NO. 19: 19 Apple incorporates its General Objections. Apple objects to this request as overly broad, 20 unduly burdensome, not reasonably calculated to lead to the discovery of admissible evidence, 21 and not limited in time. Apple objects to this request as calling for information that is not 22 relevant to the claims or defenses at issue in Apple’s Motion for a Preliminary Injunction, 23 including reports and declarations that do not relate to the utility patent at issue in that motion. 24 Apple objects to this request to the extent it seeks the production of documents that: (i) are 25 protected from discovery by the attorney-client privilege or the work product doctrine; (ii) are 26 outside of Apple’s possession, custody, or control; (iii) can be obtained as easily by Samsung, are 27 already in Samsung’s possession, or are publicly available; (iv) are subject to a confidentiality or 28 non-disclosure agreement or governed by a protective order preventing its production. APPLE INC’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION CASE NO. 11-CV-01846-LHK sf-3019412 12 1 Subject to these objections, Apple will produce relevant, non-privileged documents 2 relating to Apple, if any, within its possession, custody, or control after conducting a reasonable 3 search. 4 REQUEST FOR PRODUCTION NO. 20: 5 All trial and deposition transcripts from other litigations in which Ravin Balakrishnan 6 testified as an expert. 7 RESPONSE TO REQUEST FOR PRODUCTION NO. 20: 8 9 Apple incorporates its General Objections. Apple objects to this request as overly broad, unduly burdensome, not reasonably calculated to lead to the discovery of admissible evidence, 10 and not limited in time. Apple objects to this request as calling for information that is not 11 relevant to the claims or defenses at issue in Apple’s Motion for a Preliminary Injunction, 12 including transcripts that do not relate to the utility patent at issue in that motion. Apple objects 13 to this request to the extent it seeks the production of documents that: (i) are protected from 14 discovery by the attorney-client privilege or the work product doctrine; (ii) are outside of Apple’s 15 possession, custody, or control; (iii) can be obtained as easily by Samsung, are already in 16 Samsung’s possession, or are publicly available; or (iv) are subject to a confidentiality or non- 17 disclosure agreement or governed by a protective order preventing its production. 18 Subject to these objections, Apple will produce relevant, non-privileged documents 19 relating to Apple, if any, within its possession, custody, or control after conducting a reasonable 20 search. 21 REQUEST FOR PRODUCTION NO. 21: 22 DOCUMENTS from any prior or current litigation or dispute relating to infringement, 23 validity, enforceability, or ownership of the DESIGN PATENTS, including Apple Inc. v. Brilliant 24 Store, Inc., Case No. 10-cv-2996-SBA. 25 RESPONSE TO REQUEST FOR PRODUCTION NO. 21: 26 Apple incorporates its General Objections. Apple objects to this request as overly broad, 27 unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence 28 and as calling for information that is not relevant to the claims or defenses at issue in Apple’s APPLE INC’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION CASE NO. 11-CV-01846-LHK sf-3019412 13 1 Motion for a Preliminary Injunction. Apple objects to this request to the extent it seeks the 2 production of documents that: (i) are protected from discovery by the attorney-client privilege or 3 the work product doctrine; (ii) are outside of Apple’s possession, custody, or control; (iii) can be 4 obtained as easily by Samsung, are already in Samsung’s possession, or are publicly available; or 5 (iv) are subject to a confidentiality or non-disclosure agreement or governed by a protective order 6 preventing its production. 7 Subject to these objections, Apple will produce relevant, non-privileged documents within 8 its possession, custody, or control, if any, after conducting a reasonable search. 9 REQUEST FOR PRODUCTION NO. 22: 10 DOCUMENTS from any prior or current litigation or dispute relating to infringement, 11 validity, enforceability, or ownership of the ’381 PATENT, including Nokia Corp. v. Apple Inc., 12 Case No. 1:09-cv-00791 (D. Del.), and Apple Inc. v. High Tech Computer Corp. (HTC), Case No. 13 1:10-cv-00167 (D. Del.) 14 RESPONSE TO REQUEST FOR PRODUCTION NO. 22: 15 Apple incorporates its General Objections. Apple objects to this request as overly broad, 16 unduly burdensome, and not reasonably calculated to lead to the discovery of admissible 17 evidence, especially as it generally seeks documents relating to prior litigations or “disputes.” 18 Apple objects to this request as calling for information that is not relevant to the claims or 19 defenses at issue in Apple’s Motion for a Preliminary Injunction. Apple objects to this request to 20 the extent it seeks the production of documents that: (i) are protected from discovery by the 21 attorney-client privilege or the work product doctrine; (ii) are outside of Apple’s possession, 22 custody, or control; (iii) can be obtained as easily by Samsung, are already in Samsung’s 23 possession, or are publicly available; or (iv) are subject to a confidentiality or non-disclosure 24 agreement or governed by a protective order preventing its production. 25 Subject to these objections, Apple will produce relevant, non-privileged documents within 26 its possession, custody, or control, if any, after conducting a reasonable search. 27 REQUEST FOR PRODUCTION NO. 23: 28 APPLE INC’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION CASE NO. 11-CV-01846-LHK sf-3019412 14 1 DOCUMENTS RELATING to all licenses and potential licenses for the DESIGN 2 PATENTS or the ’381 PATENT, including all correspondence and DOCUMENTS RELATING 3 to licensing offers or negotiations. 4 RESPONSE TO REQUEST FOR PRODUCTION NO. 23: 5 Apple incorporates its General Objections. Apple objects to this request as overly broad, 6 unduly burdensome, and not reasonably calculated to lead to the discovery of admissible 7 evidence, especially to the extent that it seeks “licenses,” “potential licenses,” and “licensing 8 offers or negotiations” not involving Samsung. Apple objects to this request as calling for 9 information that is not relevant to the claims or defenses at issue in Apple’s Motion for a 10 Preliminary Injunction. Apple objects to this request to the extent it seeks the production of 11 documents that: (i) are protected from discovery by the attorney-client privilege or the work 12 product doctrine; (ii) are outside of Apple’s possession, custody, or control; (iii) can be obtained 13 as easily by Samsung, are already in Samsung’s possession, or are publicly available; or (iv) are 14 subject to a confidentiality or non-disclosure agreement or governed by a protective order 15 preventing its production. 16 Subject to these objections, Apple will produce relevant, non-privileged documents within 17 its possession, custody, or control, if any, after conducting a reasonable search. 18 REQUEST FOR PRODUCTION NO. 24: 19 DOCUMENTS RELATING to competition between each version of the iPhone and any 20 product YOU accuse of infringing the DESIGN PATENTS or the ’381 PATENT. 21 RESPONSE TO REQUEST FOR PRODUCTION NO. 24: 22 Apple incorporates its General Objections. Apple objects to the term “competition” as 23 vague and ambiguous. Apple objects to this request as overly broad, unduly burdensome, and not 24 reasonably calculated to lead to the discovery of admissible evidence, especially to the extent that 25 it seeks documents relating to “any product YOU accuse of infringing the DESIGN PATENTS or 26 the ’381 PATENT” or any products other than the Samsung products at issue in Apple’s Motion 27 for a Preliminary Injunction. Apple also objects to this request as calling for information that is 28 not relevant to the claims or defenses at issue in Apple’s Motion for a Preliminary Injunction. APPLE INC’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION CASE NO. 11-CV-01846-LHK sf-3019412 15 1 Apple objects to this request to the extent it seeks the production of documents that: (i) are 2 protected from discovery by the attorney-client privilege or the work product doctrine; (ii) are 3 outside of Apple’s possession, custody, or control; (iii) would require Apple to draw a legal 4 conclusion to respond; (iv) can be obtained as easily by Samsung, are already in Samsung’s 5 possession, or are publicly available; or (v) are subject to a confidentiality or non-disclosure 6 agreement or governed by a protective order preventing its production. 7 Subject to these objections, Apple will produce relevant, non-privileged documents within 8 its possession, custody, or control, if any, after conducting a reasonable search. 9 REQUEST FOR PRODUCTION NO. 25: 10 DOCUMENTS RELATING to competition between each version of the iPad and any 11 product YOU accuse of infringing the DESIGN PATENTS or the ’381 PATENT. 12 RESPONSE TO REQUEST FOR PRODUCTION NO. 25: 13 Apple incorporates its General Objections. Apple objects to the term “competition” as 14 vague and ambiguous. Apple objects to this request as overly broad, unduly burdensome, and not 15 reasonably calculated to lead to the discovery of admissible evidence, especially to the extent that 16 it seeks documents relating to “any product YOU accuse of infringing the DESIGN PATENTS or 17 the ’381 PATENT” or any products other than the Samsung products at issue in Apple’s Motion 18 for a Preliminary Injunction. Apple also objects to this request as calling for information that is 19 not relevant to the claims or defenses at issue in Apple’s Motion for a Preliminary Injunction. 20 Apple objects to this request to the extent it seeks the production of documents that: (i) are 21 protected from discovery by the attorney-client privilege or the work product doctrine; (ii) are 22 outside of Apple’s possession, custody, or control; (iii) would require Apple to draw a legal 23 conclusion to respond; (iv) can be obtained as easily by Samsung, are already in Samsung’s 24 possession, or are publicly available; or (v) are subject to a confidentiality or non-disclosure 25 agreement or governed by a protective order preventing its production. 26 Subject to these objections, Apple will produce relevant, non-privileged documents within 27 its possession, custody, or control, if any, after conducting a reasonable search. 28 REQUEST FOR PRODUCTION NO. 26: APPLE INC’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION CASE NO. 11-CV-01846-LHK sf-3019412 16 1 DOCUMENTS sufficient to identify the respective markets of each version of the iPhone 2 and the iPad. 3 RESPONSE TO REQUEST FOR PRODUCTION NO. 26: 4 Apple incorporates its General Objections. Apple objects to this request as overly broad, 5 unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence 6 and as calling for information that is not relevant to the claims or defenses at issue in Apple’s 7 Motion for a Preliminary Injunction. Apple objects to this request to the extent it seeks the 8 production of documents that: (i) are protected from discovery by the attorney-client privilege or 9 the work product doctrine; (ii) are outside of Apple’s possession, custody, or control; (iii) can be 10 obtained as easily by Samsung, are already in Samsung’s possession, or are publicly available; or 11 (iv) are subject to a confidentiality or non-disclosure agreement or governed by a protective order 12 preventing its production. 13 Subject to these objections, Apple will produce relevant, non-privileged documents within 14 its possession, custody, or control, if any, after conducting a reasonable search. 15 REQUEST FOR PRODUCTION NO. 27: 16 DOCUMENTS sufficient to identify the respective market shares of each version of the 17 iPhone and the iPad. 18 RESPONSE TO REQUEST FOR PRODUCTION NO. 27: 19 Apple incorporates its General Objections. Apple objects to this request as overly broad, 20 unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence 21 and as calling for information that is not relevant to the claims or defenses at issue in Apple’s 22 Motion for a Preliminary Injunction. Apple objects to this request to the extent it seeks the 23 production of documents that: (i) are protected from discovery by the attorney-client privilege or 24 the work product doctrine; (ii) are outside of Apple’s possession, custody, or control; (iii) can be 25 obtained as easily by Samsung, are already in Samsung’s possession, or are publicly available; or 26 (iv) are subject to a confidentiality or non-disclosure agreement or governed by a protective order 27 preventing its production. 28 APPLE INC’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION CASE NO. 11-CV-01846-LHK sf-3019412 17 1 Subject to these objections, Apple will produce relevant, non-privileged documents within 2 its possession, custody, or control, if any, after conducting a reasonable search. 3 REQUEST FOR PRODUCTION NO. 28: 4 DOCUMENTS sufficient to identify the respective market share of each product that 5 competes with the iPhone or the iPad. 6 RESPONSE TO REQUEST FOR PRODUCTION NO. 28: 7 Apple incorporates its General Objections. Apple objects to the term “competes” as 8 vague and ambiguous. Apple objects to this request as overly broad, unduly burdensome, and not 9 reasonably calculated to lead to the discovery of admissible evidence. Apple objects to this 10 request as calling for information that is not relevant to the claims or defenses at issue in Apple’s 11 Motion for a Preliminary Injunction, especially to the extent that it seeks documents relating to 12 products other than the Samsung products at issue in the motion. Apple objects to this request to 13 the extent it seeks the production of documents that: (i) are protected from discovery by the 14 attorney-client privilege or the work product doctrine; (ii) are outside of Apple’s possession, 15 custody, or control; (iii) can be obtained as easily by Samsung, are already in Samsung’s 16 possession, or are publicly available; or (iv) are subject to a confidentiality or non-disclosure 17 agreement or governed by a protective order preventing its production. 18 Subject to these objections, Apple will produce relevant, non-privileged documents within 19 its possession, custody, or control, if any, after conducting a reasonable search. 20 REQUEST FOR PRODUCTION NO. 29: 21 DOCUMENTS sufficient to identify all projections YOU have reviewed or considered as 22 to what the respective market share of the iPhone and iPad, and each product that competes with 23 the iPhone or the iPad, are likely to be at any future point. 24 RESPONSE TO REQUEST FOR PRODUCTION NO. 29: 25 Apple incorporates its General Objections. Apple objects to the term “competes” as 26 vague and ambiguous. Apple objects to this request as overly broad, unduly burdensome, and not 27 reasonably calculated to lead to the discovery of admissible evidence. Apple objects to this 28 request as calling for information that is not relevant to the claims or defenses at issue in Apple’s APPLE INC’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION CASE NO. 11-CV-01846-LHK sf-3019412 18 1 Motion for a Preliminary Injunction, especially to the extent that it seeks documents relating to 2 products other than the Samsung products at issue in the motion. Apple objects to this request to 3 the extent it seeks the production of documents that: (i) are protected from discovery by the 4 attorney-client privilege or the work product doctrine; (ii) are outside of Apple’s possession, 5 custody, or control; (iii) can be obtained as easily by Samsung, are already in Samsung’s 6 possession, or are publicly available; or (iv) are subject to a confidentiality or non-disclosure 7 agreement or governed by a protective order preventing its production. 8 9 Subject to these objections, Apple will produce relevant, non-privileged documents within its possession, custody, or control, if any, after conducting a reasonable search. 10 11 Dated: July 14, 2011 MORRISON & FOERSTER LLP 12 13 By: 14 /s/ Richard S.J. Hung RICHARD S.J. HUNG 15 Attorneys for Plaintiff APPLE INC. 16 17 18 19 20 21 22 23 24 25 26 27 28 APPLE INC’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION CASE NO. 11-CV-01846-LHK sf-3019412 19 1 CERTIFICATE OF SERVICE 2 I, Deok Keun Matthew Ahn, hereby certify that on July 14, 2011, true and correct 3 copies of the foregoing document were served on the following counsel of record at the 4 addresses and in the manner indicated: 5 VIA ELECTRONIC MAIL 6 Charles K. Verhoeven charlesverhoeven@quinnemanuel.com Quinn Emanuel Urquhart Oliver & Hedges, LLP 50 California Street, 22nd Floor San Francisco, California 94111 Telephone: (415) 875-6600 Facsimile: (415) 875-6700 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Kevin P.B. Johnson kevinjohnson@quinnemanuel.com Victoria F. Maroulis victoriamaroulis@quinnemanuel.com Quinn Emanuel Urquhart Oliver & Hedges, LLP 555 Twin Dolphin Drive 5th Floor Redwood Shores, California 94065 Telephone: (650) 801-5000 Facsimile: (650) 801-5100 Edward J. DeFranco eddefranco@quinnemanuel.com Quinn Emanuel Urquhart Oliver & Hedges, LLP 335 Madison Avenue, 22nd Floor New York, NY 10017 Telephone: (212) 849-7000 Facsimile: (212) 849-7100 Michael Thomas Zeller michaelzeller@quinnemanuel.com Quinn Emanuel Urquhart Oliver & Hedges, LLP 865 S. Figueroa Street, 10th Floor Los Angeles, CA 90017 Telephone: (213) 443-3000 Facsimile: (213) 443-3100 23 24 I declare under the penalty of perjury that the foregoing is true and correct. /s/ Deok Keun Matthew Ahn Deok Keun Matthew Ahn 25 26 27 28 CERTIFICATE OF SERVICE CASE NO. 4:11-CV-1846-LHK sf-3019402

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