Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
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Letter from Richard Hung to Magistrate Judge Paul Singh Grewal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Bartlett, Jason) (Filed on 9/12/2011)
Exhibit A
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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
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Attorneys for Plaintiff
APPLE INC.
WILLIAM F. LEE (pro hac vice anticipated)
william.lee@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, Massachusetts 02109
Telephone: (617) 526-6000
Facsimile: (617) 526-5000
MARK D. SELWYN (SBN 244180)
mark.selwyn@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: (650) 858-6000
Facsimile: (650) 858-6100
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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,
Plaintiff,
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v.
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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,
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Case No. 11-cv-01846-LHK
APPLE INC.’S NOTICE OF RULE
30(B)(6) DEPOSITION OF
SAMSUNG ELECTRONICS CO.,
LTD. RELATING TO APPLE’S
MOTION FOR A PRELIMINARY
INJUNCTION
Defendants.
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APPLE INC.’S NOT. OF RULE 30(B)(6) DEPOSITION OF SAMSUNG ELECTRONICS CO., LTD.
CASE NO. 11-CV-01846-LHK
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TO ALL PARTIES and THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that, pursuant to Federal Rule of Civil Procedure 30(b)(6),
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Plaintiff Apple Inc., by and through its attorneys, will take the deposition upon oral examination
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of Defendant Samsung Electronics Co., Ltd. (“SEC”). The deposition will commence on a
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mutually agreeable date at the offices of Morrison & Foerster LLP, 425 Market Street, San
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Francisco, California, 94025. The deposition will be taken before a notary public or other
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authorized officer and will continue from day to day until completed. Pursuant to Federal Rule of
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Civil Procedure 30(b)(6), SEC shall designate one or more officers, directors, managing agents,
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or other persons who consent to testify on its behalf and who are most knowledgeable and
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competent to testify concerning each of the subjects set forth in Exhibit A hereto.
PLEASE TAKE FURTHER NOTICE that, pursuant to Federal Rule of Civil Procedure
30(b)(3), the deposition will be videotaped and recorded stenographically.
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Dated: August 26, 2011
MORRISON & FOERSTER LLP
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By:
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/s/ Richard S.J. Hung
RICHARD S.J. HUNG
Attorneys for Plaintiff
APPLE INC.
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APPLE INC.’S NOT. OF RULE 30(B)(6) DEPOSITION OF SAMSUNG ELECTRONICS CO., LTD.
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EXHIBIT A
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DEFINITIONS
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“You,” “your,” and/or “Samsung” mean Defendants Samsung Electronics Co.,
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Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC all
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predecessors, successors, predecessors-in-interest, successors-in-interest, subsidiaries, divisions,
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parents, and/or affiliates, past or present, any companies that have a controlling interest in
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Defendants, and any current or former employee, officer, director, principal, agent, consultant,
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sales representative, or attorney thereof.
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2.
“Apple” means Apple Inc.
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3.
“Products at Issue” means the Samsung Galaxy S 4G, Infuse 4G, Droid Charge,
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and Galaxy Tab 10.1, as released anywhere in the world.
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“Hardware Design” means a device’s casing, screen and screen borders, bezel or
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band, buttons, ports, speaker, and speaker slots, and all hardware, insignia, or ornamentation
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thereon.
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D504,889, and U.S. Patent No. 7,469,381.
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“Patents at Issue” means U.S. Design Patent Nos. D618,677, D593,087, and
“Opposition” means your Opposition to Apple’s Motion for a Preliminary
Injunction and all supporting declarations and exhibits.
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“Document(s)” has the broadest possible meaning permitted by Federal Rules of
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Civil Procedure Rules 26 and 34 and the relevant case law. “Document(s)” also includes all
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drafts or non-final versions, alterations, modifications, and amendments to any of the foregoing.
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“Relating” means regarding, referring to, concerning, mentioning, reflecting,
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pertaining to, evidencing, involving, describing, discussing, commenting on, embodying,
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responding to, supporting, contradicting, containing or constituting (in whole or in part), as the
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context makes appropriate.
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The use of a verb in any tense shall be construed as the use of the verb in all other
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The use of the singular form of any word includes the plural and vice versa.
tenses.
APPLE INC’S NOT. OF RULE 30(B)(6) DEPOSITION OF SAMSUNG ELECTRONICS CO., LTD.
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“And” and “or” shall be construed conjunctively and disjunctively to acquire the broadest
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meaning possible.
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TOPICS
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Samsung’s imitation, copying, or emulation of any Apple product in developing,
creating, or designing any of the Products at Issue.
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2.
The development and/or design of the Hardware Design of the Products at Issue.
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3.
The identity of the individuals involved in the development and/or design of the
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Hardware Design of the Products at Issue and the roles and responsibilities of each.
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The identity of the individuals involved in marketing the Products at Issue and the
roles and responsibilities of each.
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The development and/or design of features in the Products at Issue relating to (1)
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the functionality that allows for a list to be scrolled beyond its terminus or a document to be
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translated beyond its edge until the list or document is partially displayed; and (2) functionality
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that allows for a list that is scrolled beyond its terminus to scroll back or bounce back into place
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or for a document that is translated beyond its edge to translate back or bounce back so that the
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list or document returns to fill the screen.
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6.
Aesthetic, functional, and cost considerations that affected, constrained, or altered
the Hardware Design of the Galaxy S 4G, Infuse 4G, and Galaxy Tab 10.1.
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Alternative Hardware Designs considered by Samsung during the development of
the Galaxy S 4G, Infuse 4G, and Galaxy Tab 10.1.
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Alternative user interfaces considered by Samsung during the development of the
Galaxy S 4G, Infuse 4G, Droid Charge, and Galaxy Tab 10.1.
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9.
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Products at Issue.
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10.
Your awareness of any of the Patents at Issue.
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Your analysis, review, consideration, or copying of, or comparison against, any
Any reference to or consideration of an Apple product during the design of the
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Apple product or product feature with respect to any features of the Products at Issue, including
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(1) their Hardware Design; (2) the functionality that allows for a list to be scrolled beyond its
APPLE INC’S NOT. OF RULE 30(B)(6) DEPOSITION OF SAMSUNG ELECTRONICS CO., LTD.
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terminus or a document to be translated beyond its edge until the list or document is partially
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displayed; and (3) functionality that allows for a list that is scrolled beyond its terminus to scroll
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back or bounce back into place or for a document that is translated beyond its edge to translate
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back or bounce back so that the list or document returns to fill the screen.
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Your communications with Apple relating to the Patents at Issue.
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13.
Your communications with Apple relating to the Products at Issue.
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Any customer surveys, market studies, market analyses, or other investigations
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conducted by Samsung or on behalf of Samsung relating to the Products at Issue.
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Any reference to Apple or Apple products in advertising of the Products at Issue.
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Your identification or analysis of the market or markets to which Samsung
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intends to sell the Products at Issue.
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Samsung’s smartphones and tablet computer market share.
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Any instances of consumer confusion in which Samsung was made aware that a
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person confused an Apple product for a Product at Issue, or a Product at Issue for an Apple
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product.
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Marketing and promotion of the Products at Issue.
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APPLE INC’S NOT. OF RULE 30(B)(6) DEPOSITION OF SAMSUNG ELECTRONICS CO., LTD.
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