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)
EXHIBIT C
02198.51855/4324347.1
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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.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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APPLE INC., a California corporation,
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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.
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APPLE INC.’S OBJECTIONS AND RESPONSES TO SAMSUNG’S REQUESTS FOR PRODUCTION
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In accordance with Rule 34 of the Federal Rules of Civil Procedure, Plaintiff Apple Inc.
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(“Apple”) objects and responds to the Requests for Production of Documents and Things Relating
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to Apple Inc.’s Motion for a Preliminary Injunction served by Defendants Samsung Electronics
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Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC
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(collectively “Samsung”) on July 6, 2011.
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GENERAL OBJECTIONS
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Apple makes the following general responses and objections (“General Objections”) to
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each definition, instruction, and request propounded in Samsung’s Requests for Production of
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Documents and Things Relating to Apple Inc.’s Motion for a Preliminary Injunction. These
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General Objections are hereby incorporated into each specific response. The assertion of the
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same, similar or additional objections or partial responses to the individual requests does not
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waive any of Apple’s General Objections.
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1.
Apple objects to Samsung’s definitions of “APPLE,” “PLAINTIFF,” “YOU,” and
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“YOUR” to the extent they purport to include persons or entities that are separate and distinct
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from Apple and are not under Apple’s control. “Apple” refers only to Apple Inc.
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2.
Apple objects to Samsung’s definition of “PRIOR ART” as inaccurate, overly
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broad, vague, ambiguous, and unduly burdensome. Samsung’s definition is particularly vague
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and ambiguous in its use of the phrase “relevant to the validity,” and overly broad in attempting
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to include information other than that cited to the Patent Office during the prosecutions of the
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patents that are the subject of Apple’s Motion for a Preliminary Injunction.
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3.
Apple objects to these requests to the extent they incorporate Samsung’s definition
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of “RELATING.” Samsung’s definition of this term renders each request incorporating the term
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overly broad, vague, ambiguous, and unduly burdensome.
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4.
Apple objects to Samsung’s definitions of “DESIGN PATENTS” and the “’381
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PATENT” because they are inaccurate, overly broad, vague, ambiguous, and unduly burdensome.
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The phrase “design patents” means U.S. Design Patent Nos. D618,677, D593,087, and D504,889.
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The “’381 patent” means U.S. Patent No. 7,469,381.
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5.
Apple objects to Samsung’s instruction requiring that drafts of documents must be
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produced “without abbreviation or redaction” to the extent that it calls for production of any
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documents protected from discovery by the attorney-client privilege or the work product doctrine.
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6.
Apple objects to Samsung’s instruction requiring the identification of information
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pertaining to documents that are withheld on the basis of a claim of privilege or immunity from
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discovery to the extent that it purports to impose any requirement or obligation on Apple other
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than as set forth in the Federal Rules of Civil Procedure.
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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
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protective order has not yet been entered. Apple also reserves the right to object to these requests
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on any additional grounds.
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Subject to the foregoing qualifications and General Objections and the specific objections
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made below, Apple objects and responds to Samsung’s Requests for Production of Documents
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and Things Relating to Apple Inc.’s Motion for a Preliminary Injunction as follows:
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SPECIFIC OBJECTIONS AND RESPONSES
REQUEST FOR PRODUCTION NO. 1:
DOCUMENTS RELATING to the conception and reduction to practice of the DESIGN
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PATENTS and the ’381 PATENT.
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RESPONSE TO REQUEST FOR PRODUCTION NO. 1:
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Apple incorporates its General Objections. Apple objects to this request to the extent it
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seeks the production of documents that: (i) are protected from discovery by the attorney-client
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privilege or the work product doctrine; (ii) are outside of Apple’s possession, custody, or control;
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(iii) would require Apple to draw a legal conclusion to respond; or (iv) can be obtained as easily
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by Samsung, are already in Samsung’s possession, or are publicly available.
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Subject to these objections, Apple will produce relevant, non-privileged documents within
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its possession, custody, or control, if any, after conducting a reasonable search.
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REQUEST FOR PRODUCTION NO. 2:
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DOCUMENTS sufficient to identify the individuals, including but not limited to named
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inventors, who contributed to the conception of the designs or alleged inventions of the DESIGN
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PATENTS or the ’381 PATENT.
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RESPONSE TO REQUEST FOR PRODUCTION NO. 2:
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Apple incorporates its General Objections. Apple objects to this request to the extent it
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seeks the production of documents that: (i) are protected from discovery by the attorney-client
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privilege or the work product doctrine; (ii) would require Apple to draw a legal conclusion to
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respond; or (iii) can be obtained as easily by Samsung, are already in Samsung’s possession, or
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are publicly available.
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Subject to these objections, Apple will produce relevant, non-privileged documents within
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its possession, custody, or control, if any, after conducting a reasonable search.
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REQUEST FOR PRODUCTION NO. 3:
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Samples of all products that Apple contends infringe the DESIGN PATENTS and the
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’381 PATENT.
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RESPONSE TO REQUEST FOR PRODUCTION NO. 3:
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Apple incorporates its General Objections. Apple objects to this request as overly broad,
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unduly burdensome, and not reasonably calculated to lead to the discovery of admissible
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evidence, especially because it requests samples of “all products,” including Samsung’s own
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products and non-party products. Apple objects that this request calls for information that is not
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relevant to the claims or defenses at issue in Apple’s Motion for a Preliminary Injunction. Apple
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objects to this request to the extent it seeks the production of documents that: (i) are protected
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from discovery by the attorney-client privilege or the work product doctrine; (ii) are outside of
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Apple’s possession, custody, or control; (iii) would require Apple to draw a legal conclusion to
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respond; (iv) can be obtained as easily by Samsung, are already in Samsung’s possession, or are
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publicly available; or (v) are subject to a confidentiality or non-disclosure agreement or governed
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by a protective order preventing its production.
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REQUEST FOR PRODUCTION NO. 4:
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Communications between YOU and any other person, including, but not limited to, the
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inventors of the DESIGN PATENTS and of the ’381 PATENT, concerning the DESIGN
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PATENTS or the ’381 PATENT, any products accused of infringing the DESIGN PATENTS or
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the ’381 PATENT, or This Lawsuit.
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RESPONSE TO REQUEST FOR PRODUCTION NO. 4:
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Apple incorporates its General Objections. Apple objects to this request as overly broad,
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unduly burdensome, and not reasonably calculated to lead to the discovery of admissible
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evidence, especially as its seeks communications with parties other than Samsung or involving
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Samsung products other than those at issue in Apple’s Motion for a Preliminary Injunction.
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Apple objects to this request as calling for information that is not relevant to the claims or
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defenses at issue in Apple’s Motion for a Preliminary Injunction. Apple objects to this request to
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the extent it seeks the production of documents that: (i) are protected from discovery by the
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attorney-client privilege or the work product doctrine; (ii) are outside of Apple’s possession,
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custody, or control; (iii) would require Apple to draw a legal conclusion to respond; (iv) can be
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obtained as easily by Samsung, are already in Samsung’s possession, or are publicly available; or
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(v) are subject to a confidentiality or non-disclosure agreement or governed by a protective order
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preventing its production.
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Subject to these objections, Apple will produce relevant, non-privileged documents within
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its possession, custody, or control, if any, after conducting a reasonable search.
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REQUEST FOR PRODUCTION NO. 5:
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DOCUMENTS RELATING to the functionality—including the ease of manufacturing,
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cost savings, or any other benefit of any claimed feature, element or combination of elements in
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any of the DESIGN PATENTS, including without limitation:
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(a)
a flat front screen,
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(b)
a clear front screen,
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(c)
a black-colored front surface,
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(d)
rectangular shape,
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(e)
four corners, rounded corners,
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(g)
symmetry,
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(h)
a rectangular screen,
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(i)
an inset screen, substantial borders on two sides of a screen,
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(k)
narrow borders on two sides of a screen,
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(1)
a horizontal speaker slot,
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(m)
a speaker slot on the front,
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(n)
a centered speaker,
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(o)
a speaker above a display screen,
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(p)
a speaker near the top of a phone handset,
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(q)
a bezel around the edge of product,
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(r)
a circular button on the front, or
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(s)
a button located at the center bottom.
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RESPONSE TO REQUEST FOR PRODUCTION NO. 5:
Apple incorporates its General Objections. Apple objects to the phrase “any other
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benefit” as vague and ambiguous. Apple objects to this request as overly broad, unduly
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burdensome, and not reasonably calculated to lead to the discovery of admissible evidence and as
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calling for information that is not relevant to the claims or defenses at issue in Apple’s Motion for
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a Preliminary Injunction. Apple objects to this request to the extent it seeks the production of
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documents that: (i) are protected from discovery by the attorney-client privilege or the work
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product doctrine; (ii) are outside of Apple’s possession, custody, or control; (iii) would require
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Apple to draw a legal conclusion to respond; (iv) can be obtained as easily by Samsung, are
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already in Samsung’s possession, or are publicly available; or (v) are subject to a confidentiality
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or non-disclosure agreement or governed by a protective order preventing its production.
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Subject to these objections, Apple will meet and confer with Samsung about reasonable
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limitations in response to this request.
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REQUEST FOR PRODUCTION NO. 6:
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DOCUMENTS RELATING to the scope, construction, meaning or interpretation of the
DESIGN PATENTS or the ’381 PATENT.
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RESPONSE TO REQUEST FOR PRODUCTION NO. 6:
Apple incorporates its General Objections. Apple objects to this request as overly broad,
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unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence
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and as calling for information that is not relevant to the claims or defenses at issue in Apple’s
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Motion for a Preliminary Injunction. Apple objects to this request to the extent it seeks the
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production of documents that: (i) are protected from discovery by the attorney-client privilege or
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the work product doctrine; (ii) are outside of Apple’s possession, custody, or control; (iii) would
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require Apple to draw a legal conclusion to respond; (iv) can be obtained as easily by Samsung,
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are already in Samsung’s possession, or are publicly available; or (v) are subject to a
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confidentiality or non-disclosure agreement or governed by a protective order preventing its
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production.
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Subject to these objections, Apple will produce relevant, non-privileged documents within
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its possession, custody, or control, if any, after conducting a reasonable search.
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REQUEST FOR PRODUCTION NO. 7:
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DOCUMENTS RELATING to any re-examination proceedings before the United States
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Patent and Trademark Office RELATING to the ’381 PATENT.
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RESPONSE TO REQUEST FOR PRODUCTION NO. 7:
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Apple incorporates its General Objections. Apple objects to this request to the extent it
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seeks the production of documents that: (i) are protected from discovery by the attorney-client
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privilege or the work product doctrine; (ii) are outside of Apple’s possession, custody, or control;
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or (iii) can be obtained as easily by Samsung, are already in Samsung’s possession, or are
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publicly available.
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Subject to these objections, Apple will produce relevant, non-privileged documents within
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its possession, custody, or control, if any, after conducting a reasonable search.
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REQUEST FOR PRODUCTION NO. 8:
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DOCUMENTS discussing, reflecting, supporting, undermining, or otherwise RELATING
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to the scope, infringement, validity, and enforceability of any claim of the DESIGN PATENTS or
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the ’381 PATENT.
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RESPONSE TO REQUEST FOR PRODUCTION NO. 8:
Apple incorporates its General Objections. Apple objects to this request as overly broad,
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unduly burdensome, and not reasonably calculated to lead to the discovery of admissible
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evidence. Apple also objects to this request as calling for information that is not relevant to the
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claims or defenses at issue in Apple’s Motion for a Preliminary Injunction because, for example,
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Samsung has not pleaded unenforceability in its Answer and Counterclaims. Apple objects to this
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request to the extent it seeks the production of documents that: (i) are protected from discovery
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by the attorney-client privilege or the work product doctrine; (ii) are outside of Apple’s
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possession, custody, or control; (iii) would require Apple to draw a legal conclusion to respond;
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(iv) can be obtained as easily by Samsung, are already in Samsung’s possession, or are publicly
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available; or (v) are subject to a confidentiality or non-disclosure agreement or governed by a
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protective order preventing its production.
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Subject to these objections, Apple will produce relevant, non-privileged documents within
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its possession, custody, or control, if any, after conducting a reasonable search.
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REQUEST FOR PRODUCTION NO. 9:
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Transcripts of testimony given at a deposition, hearing, trial, or other proceeding by the
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named inventors of the DESIGN PATENTS or the ’381 PATENT RELATING to the DESIGN
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PATENTS or the ’381 PATENT, including any testimony provided by Bas Ording RELATING
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to the ’381 PATENT.
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RESPONSE TO REQUEST FOR PRODUCTION NO. 9:
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Apple incorporates its General Objections. Apple objects to the phrase “other
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proceeding” as vague and ambiguous. Apple objects to this request to the extent it seeks the
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production of documents that: (i) are outside of Apple’s possession, custody, or control; (ii) can
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be obtained as easily by Samsung, are already in Samsung’s possession, or are publicly available;
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or (iii) are subject to a confidentiality or non-disclosure agreement or governed by a protective
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order preventing its production.
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Subject to these objections, Apple will produce relevant, non-privileged documents within
its possession, custody, or control, if any, after conducting a reasonable search.
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REQUEST FOR PRODUCTION NO. 10:
PRIOR ART relating to the DESIGN PATENTS or the ’381 PATENT.
RESPONSE TO REQUEST FOR PRODUCTION NO. 10:
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Apple incorporates its General Objections. Apple objects to this request to the extent it
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seeks the production of documents that: (i) are protected from discovery by the attorney-client
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privilege or the work product doctrine; (ii) are outside of Apple’s possession, custody, or control;
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(iii) would require Apple to draw a legal conclusion to respond; (iv) can be obtained as easily by
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Samsung, are already in Samsung’s possession, or are publicly available; or (v) are subject to a
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confidentiality or non-disclosure agreement or governed by a protective order preventing its
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production.
Subject to these objections, Apple will produce relevant, non-privileged documents within
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its possession, custody, or control, if any, after conducting a reasonable search.
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REQUEST FOR PRODUCTION NO. 11:
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Samples of all products that embody the claims of any of the DESIGN PATENTS or the
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’381 PATENT and publications, product literature or publications relating to such products.
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RESPONSE TO REQUEST FOR PRODUCTION NO. 11:
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Apple incorporates its General Objections. Apple objects to the phrase “publications,
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product literature or publications relating to such products” as vague and ambiguous. Apple
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objects to this request as overly broad, unduly burdensome, and not reasonably calculated to lead
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to the discovery of admissible evidence and calling for information that is not relevant to the
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claims or defenses at issue in Apple’s Motion for a Preliminary Injunction. Apple objects to this
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request to the extent it seeks the production of documents that: (i) are protected from discovery
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by the attorney-client privilege or the work product doctrine; (ii) are outside of Apple’s
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possession, custody, or control; (iii) would require Apple to draw a legal conclusion to respond;
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(iv) can be obtained as easily by Samsung, are already in Samsung’s possession, or are publicly
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available; or (v) are subject to a confidentiality or non-disclosure agreement or governed by a
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protective order preventing its production.
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Subject to these objections, Apple will make available for inspection released iPhone or
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iPad products that are not already in Samsung's possession or publicly available.
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REQUEST FOR PRODUCTION NO. 12:
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DOCUMENTS sufficient to identify every foreign counterpart patent application to the
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DESIGN PATENTS and the ’381 PATENT.
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RESPONSE TO REQUEST FOR PRODUCTION NO. 12:
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Apple incorporates its General Objections. Apple objects to this request as calling for
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information that is not relevant to the claims or defenses at issue in Apple’s Motion for a
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Preliminary Injunction. Apple objects to this request to the extent it seeks the production of
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documents that: (i) are protected from discovery by the attorney-client privilege or the work
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product doctrine; (ii) are outside of Apple’s possession, custody, or control; (iii) would require
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Apple to draw a legal conclusion to respond; or (iv) can be obtained as easily by Samsung, are
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already in Samsung’s possession, or are publicly available.
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Subject to these objections, Apple will produce relevant, non-privileged documents within
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its possession, custody, or control, if any, after conducting a reasonable search.
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REQUEST FOR PRODUCTION NO. 13:
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The prosecution history for every foreign counterpart patent application to the DESIGN
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PATENTS and the ’381 PATENT, including any English translations.
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RESPONSE TO REQUEST FOR PRODUCTION NO. 13:
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Apple incorporates its General Objections. Apple objects to this request as calling for
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information that is not relevant to the claims or defenses at issue in Apple’s Motion for a
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Preliminary Injunction. Apple objects to this request to the extent it seeks the production of
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documents that: (i) are protected from discovery by the attorney-client privilege or the work
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product doctrine; (ii) are outside of Apple’s possession, custody, or control; (iii) would require
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Apple to draw a legal conclusion to respond; or (iv) can be obtained as easily by Samsung, are
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already in Samsung’s possession, or are publicly available.
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Subject to these objections, Apple will produce relevant, non-privileged documents within
its possession, custody, or control, if any, after conducting a reasonable search.
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REQUEST FOR PRODUCTION NO. 14:
Each item of PRIOR ART cited in the prosecution history for every foreign counterpart
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patent application to the DESIGN PATENTS and the ’381 PATENT, including any English
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translations.
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RESPONSE TO REQUEST FOR PRODUCTION NO. 14:
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Apple incorporates its General Objections. Apple objects to this request to the extent it
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seeks the production of documents that: (i) are protected from discovery by the attorney-client
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privilege or the work product doctrine; (ii) are outside of Apple’s possession, custody, or control;
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(iii) would require Apple to draw a legal conclusion to respond; or (iv) can be obtained as easily
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by Samsung, are already in Samsung’s possession, or are publicly available.
Subject to these objections, Apple will produce relevant, non-privileged documents within
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its possession, custody, or control, if any, after conducting a reasonable search.
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REQUEST FOR PRODUCTION NO. 15:
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All DOCUMENTS relied on by Cooper Woodring in his declaration submitted in support
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of YOUR Motion for Preliminary Injunction dated July 1, 2011.
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RESPONSE TO REQUEST FOR PRODUCTION NO. 15:
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Apple incorporates its General Objections. Apple objects to this request to the extent it
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seeks the production of documents that: (i) are protected from discovery by the attorney-client
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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
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publicly available.
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Subject to these objections, Apple will produce relevant, non-privileged documents within
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its possession, custody, or control, if any, after conducting a reasonable search.
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REQUEST FOR PRODUCTION NO. 16:
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All prior expert reports and declarations submitted by Cooper Woodring in other
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litigations involving design patent infringement, industrial design, or electronic consumer goods.
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RESPONSE TO REQUEST FOR PRODUCTION NO. 16:
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Apple incorporates its General Objections. Apple objects to this request as overly broad,
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unduly burdensome, not reasonably calculated to lead to the discovery of admissible evidence,
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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.
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Apple objects to this request to the extent it seeks the production of documents that: (i) are
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protected from discovery by the attorney-client privilege or the work product doctrine; (ii) are
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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.
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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.
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REQUEST FOR PRODUCTION NO. 17:
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All trial and deposition transcripts from other litigations in which Cooper Woodring
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testified as an expert.
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RESPONSE TO REQUEST FOR PRODUCTION NO. 17:
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Apple incorporates its General Objections. Apple objects to this request as overly broad,
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unduly burdensome, not reasonably calculated to lead to the discovery of admissible evidence,
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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,
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including transcripts that do not relate to the design patents at issue in that motion. Apple objects
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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.
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Subject to these objections, Apple will produce relevant, non-privileged documents
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relating to Apple, if any, within its possession, custody, or control after conducting a reasonable
3
search.
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REQUEST FOR PRODUCTION NO. 18:
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All DOCUMENTS relied on by Ravin Balakrishnan in his declaration submitted in
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support of YOUR Motion for Preliminary Injunction dated July 1, 2011.
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RESPONSE TO REQUEST FOR PRODUCTION NO. 18:
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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
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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
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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
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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
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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
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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
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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
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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.
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25
26
27
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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
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8
9
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12
13
14
15
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17
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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
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I declare under the penalty of perjury that the foregoing is true and correct.
/s/ Deok Keun Matthew Ahn
Deok Keun Matthew Ahn
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27
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CERTIFICATE OF SERVICE
CASE NO. 4:11-CV-1846-LHK
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