Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
321
Declaration of Jason R. Bartlett in Support of #319 Apple's Motion to Compel Samsung to Produce Documents and Provide Responsive Answers to Propounded Discovery filed by Apple Inc.. (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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Bartlett, Jason) (Filed on 10/18/2011) Modified on 10/19/2011 linking entry to document #319 (dhm, COURT STAFF).
Exhibit C
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HAROLD J. MCELHINNY (CA SBN 66781)
hmcelhinny@mofo.com
MICHAEL A. JACOBS (CA SBN 111664)
mjacobs@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
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
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
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,
Plaintiff,
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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 REQUESTS FOR
PRODUCTION OF DOCUMENTS
AND THINGS RELATING TO
APPLE’S MOTION FOR A
PRELIMINARY INJUNCTION – SET
ONE
Defendants.
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APPLE INC.’S REQUESTS FOR PRODUCTION OF DOCUMENTS RELATING TO APPLE’S MOTION FOR PI
CASE NO. 11-CV-01846-LHK
sf-3017581
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APPLE INC. (“Apple” or “Plaintiff”) hereby requests, pursuant to Rules 26 and 34 of the
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Federal Rules of Civil Procedure, that SAMSUNG ELECTRONICS CO., LTD.; SAMSUNG
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ELECTRONICS AMERICA, INC.; and SAMSUNG TELECOMMUNICATIONS AMERICA,
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LLC, (“Defendants”) respond to Apple’s Requests for Production of Documents Relating to
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Apple’s Motion for a Preliminary Injunction. Apple requests that Defendants produce for
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inspection and copying the documents and things set forth below at the offices of Morrison &
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Foerster, LLP, 425 Market St., San Francisco, CA 94105-2482 within twenty-three (23) days, or
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such other time as the parties agree or the Court orders.
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DEFINITIONS
The words and phrases used in these Requests shall have the meanings ascribed to them
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under the Federal Rules of Civil Procedure and the Local Rules of the United States District
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Court for the Northern District of California. In addition, the following terms shall have the
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meanings set forth below whenever used in any Request.
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1.
“You” and/or “your” mean Defendants and all predecessors, successors,
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predecessors-in-interest, successors-in-interest, subsidiaries, divisions, parents, and/or affiliates,
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past or present, any companies that have a controlling interest in Defendants, and any current or
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former employee, officer, director, principal, agent, consultant, sales representative, or attorney
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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.
4.
“Exterior Design” means a device’s casing, screen, bezel, buttons, ports, speaker,
and speaker slots, and all hardware, insignia, or ornamentation thereon.
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“Patents at Issue” means U.S. Design Patent Nos. D618,677, D593,087, and
D504,889, and U.S. Patent No. 7,469,381.
6.
“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.
APPLE INC.’S REQUESTS FOR PRODUCTION OF DOCUMENTS RELATING TO APPLE’S MOTION FOR PI
CASE NO. 11-CV-01846-LHK
sf-3017581
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7.
“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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8.
The use of a verb in any tense shall be construed as the use of the verb in all other
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9.
The use of the singular form of any word includes the plural and vice versa.
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10.
“And” and “or” shall be construed conjunctively and disjunctively to acquire the
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tenses.
broadest meaning possible.
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INSTRUCTIONS
1.
Each document is to be produced along with all non-identical drafts thereof in
their entirety, without abbreviation or redaction.
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2.
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business.
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3.
All documents should be produced as maintained in the ordinary course of
If you withhold any documents on a claim of privilege, you must provide a
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statement of the claim of privilege and all facts relied upon in support of that claim as required
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by Rule 26(b)(5) of the Federal Rules of Civil Procedure.
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4.
Documents responsive to each Request must be produced in full and subject to
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any Request being narrowed by the parties’ meeting and conferring regarding your
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corresponding requests to Plaintiff, if applicable.
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REQUESTS FOR PRODUCTION OF DOCUMENTS
REQUEST NO. 1:
Documents relating to your analysis, review, consideration, or copying of, or comparison
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against, any Apple product or product feature in designing, developing, or implementing any
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feature of the Products at Issue, including (1) their Exterior Design; (2) functionality that allows
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for an image, list, or webpage to be scrolled beyond its edge until it is partially displayed; and
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(3) functionality that allows for an image, list, or webpage that is scrolled beyond its edge to
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scroll back or bounce back into place so that it returns to fill the screen.
APPLE INC’S REQUESTS FOR PRODUCTION OF DOCUMENTS RELATING TO APPLE’S MOTION FOR PI
CASE NO. 11-CV-01846-LHK
sf-3017581
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REQUEST NO. 2:
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Documents relating to the existence of and/or work conducted by any group within
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Defendants that analyzes, analyzed, considers, considered, copies, copied, compares, or compared
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any Apple product or product feature in developing one or more of the Products at Issue.
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REQUEST NO. 3:
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Documents relating to competition between Apple and Samsung products, including each
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version of the iPhone or iPad and any of the Products at Issue.
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REQUEST NO. 4:
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Documents sufficient to identify the respective markets of each of the Products at Issue.
REQUEST NO. 5:
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Documents sufficient to identify the respective market shares of each of the Products at
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Issue.
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REQUEST NO. 6:
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Documents sufficient to identify the respective market share of each product that
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competes with the Products at Issue.
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REQUEST NO. 7:
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Documents sufficient to identify all projections you have reviewed or considered as to
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what the respective market share of each of the Products at Issue, and each product that competes
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with each of the Products at Issue, is likely to be at any future point.
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REQUEST NO. 8:
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Documents and things you allege are prior art to the Patents at Issue.
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Dated: July 12, 2011
MORRISON & FOERSTER LLP
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By:
/s/ Richard S.J. Hung
RICHARD S.J. HUNG
Attorneys for Defendant
APPLE INC.
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APPLE INC’S REQUESTS FOR PRODUCTION OF DOCUMENTS RELATING TO APPLE’S MOTION FOR PI
CASE NO. 11-CV-01846-LHK
sf-3017581
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CERTIFICATE OF SERVICE
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I, Deok Keun Matthew Ahn, hereby certify that on July 12, 2011, true and correct
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copies of the foregoing document were served on the following counsel of record at the
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addresses and in the manner indicated:
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VIA ELECTRONIC MAIL
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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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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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CERTIFICATE OF SERVICE
CASE NO. 4:11-CV-1846-LHK
sf-3019402
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