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 D

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
APPLE INC.

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MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
WILLIAM F. LEE (pro hac vice anticipated)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, Massachusetts 02109
Telephone: [phone]
Facsimile: [phone]

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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
TWO

Defendants.

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APPLE INC.’S RFPS RELATING TO APPLE’S MOTION FOR PI – SET TWO
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APPLE INC. (“Apple”) hereby requests, pursuant to Rules 26 and 34 of the Federal Rules

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of Civil Procedure, that SAMSUNG ELECTRONICS CO., LTD.; SAMSUNG ELECTRONICS

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AMERICA, INC.; and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC,

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(“Defendants”) respond to Apple’s Requests for Production of Documents Relating to Apple’s

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Motion for a Preliminary Injunction. Apple requests that Defendants produce for inspection and

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copying the documents and things set forth below at the offices of Morrison & Foerster, LLP, 425

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Market St., San Francisco, CA 94105-2482 on or before September 12, 2011.

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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.

“Samsung,” “You” and/or “your” mean Defendants and all predecessors,

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successors, predecessors-in-interest, successors-in-interest, subsidiaries, divisions, parents,

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and/or affiliates, past or present, any companies that have a controlling interest in Defendants,

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and any current or former employee, officer, director, principal, agent, consultant, sales

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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.
4.

“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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5.

“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.

“Opposition” means your Opposition to Apple’s Motion for a Preliminary

Injunction and all supporting declarations and exhibits.
7.

“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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8.

“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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10.

The use of the singular form of any word includes the plural and vice versa.

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“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. 156:
Things you allege that are “rectangular-shaped phone[s] with rounded corners, a dominant

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display screen with narrow borders, a horizontally oriented and centered rounded speaker slot,

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and minimal or non-existent physical navigation buttons” that existed before January 2007 as

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described in your Opposition.
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REQUEST NO. 157:

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All Documents relating to the “rectangular-shaped phone[s] with rounded corners, a

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dominant display screen with narrow borders, a horizontally oriented and centered rounded

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speaker slot, and minimal or non-existent physical navigation buttons” that existed before January

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2007, as described in your Opposition.

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REQUEST NO. 158:

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All Documents relating to the design, development, or implementation of the following

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features of the Products at Issue: (1) their Hardware Design; (2) the functionality that allows for a

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list to be scrolled beyond its terminus or a document to be translated beyond its edge until the list

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or document is partially displayed; and (3) functionality that allows for a list that is scrolled

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beyond its terminus to scroll back or bounce back into place or for a document that is translated

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beyond its edge to translate back or bounce back so that the list or document returns to fill the

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screen.

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REQUEST NO. 159:

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Documents sufficient to identify the individuals who contributed to the design,

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development, or implementation of the following features of the Products at Issue: (1) their

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Hardware Design; (2) the functionality that allows for a list to be scrolled beyond its terminus or a

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document to be translated beyond its edge until the list or document is partially displayed; and

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(3) functionality that allows for a list that is scrolled beyond its terminus to scroll back or bounce

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back into place or for a document that is translated beyond its edge to translate back or bounce

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back so that the list or document returns to fill the screen.

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REQUEST NO. 160:

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Documents sufficient to identify the date of the first design of the following features of the

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Products at Issue: (1) their Hardware Design; (2) the functionality that allows for a list to be

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scrolled beyond its terminus or a document to be translated beyond its edge until the list or

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document is partially displayed; and (3) functionality that allows for a list that is scrolled beyond

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its terminus to scroll back or bounce back into place or for a document that is translated beyond

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its edge to translate back or bounce back so that the list or document returns to fill the screen.
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REQUEST NO. 161:
All Documents and things relating to the design of the Hardware Design of the Products at

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Issue, including for example, CAD images or files, emails, notebooks, photographs, sketches,

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design specifications, models, mock-ups, and other design documents.

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REQUEST NO. 162:

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Documents sufficient to show alternative Hardware Designs considered by Samsung

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during the development of the Products at Issue.

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REQUEST NO. 163:

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All Documents relating to functional and cost considerations that constrained or altered

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the Hardware Design of the Products at Issue.

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REQUEST NO. 164:

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All Documents relating to aesthetic considerations relating to the Hardware Design of the

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Products at Issue.

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REQUEST NO. 165:

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All Documents relating to the redesign of the Galaxy Tab 10.1 following Apple’s

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announcement of the iPad 2 on or about March 2, 2011.

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REQUEST NO. 166:

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All Documents to or from Lee Don-Joo relating to the redesign of the Galaxy Tab 10.1

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following Apple’s announcement of the iPad 2 on or about March 2, 2011.

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REQUEST NO. 167:

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All Documents to the design of the user interface for each of the Products at Issue.
REQUEST NO. 168:
All Documents relied on by Benjamin B. Bederson in his declaration submitted in support

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of your Opposition.

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REQUEST NO. 169:

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All prior expert reports and declarations submitted by Benjamin B. Bederson in other

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litigation involving mobile devices or user interfaces.

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REQUEST NO. 170:
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All trial and deposition transcripts from other litigation in which Benjamin B. Bederson

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testified about mobile devices or user interfaces.

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REQUEST NO. 171:

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All Documents relied on by Roger Fidler in his declaration submitted in support of your

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Opposition.

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REQUEST NO. 172:

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All Documents relating to Roger Fidler’s assertion that “Apple personnel were exposed to

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my tablet ideas and prototypes” in his declaration submitted in support of your Opposition.

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REQUEST NO. 173:

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All documents relating to Roger Fidler’s assertion that he presented the 1990 Video

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attached as Exhibit G to his declaration to “a group of executives at Knight-Ridder and to Alan

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Kay [of Apple]” in the fall of 1990.

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REQUEST NO. 174:

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All documents relating to Roger Fidler’s assertion that “[m]ore than 200 copies of the

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1994 video [attached as Exhibit L to his declaration] were distributed to various newspaper

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organizations and media outlets.”

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REQUEST NO. 175:

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All documents relating to Roger Fidler’s claim that starting in 1994, he provided to

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Toshiba “specifications that they could use to create a working electronic tablet.”

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REQUEST NO. 176:

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All non-disclosure agreements between Apple and Information Design Lab executed

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before 1995.

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REQUEST NO. 177:

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All non-disclosure agreements executed between Roger Fidler and Toshiba in connection

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with Mr. Fidler’s alleged provision to Toshiba of “specifications that they could use to create a

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working electronic tablet.”

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REQUEST NO. 178:

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All prior expert reports and declarations submitted by Roger Fidler in other litigation
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involving the “1981 Tablet,” the “1990 Tablet,” the “1994 Tablet,” and the “1996 Toshiba

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Tablet,” as described in his declaration submitted in support of your Opposition.

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REQUEST NO. 179:

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All trial and deposition transcripts from other litigation in which Roger Fidler testified

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about the “1981 Tablet,” the “1990 Tablet,” the “1994 Tablet,” and the “1996 Toshiba Tablet,” as

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described in his declaration submitted in support of your Opposition.

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REQUEST NO. 180:

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All Documents relied on by Nicholas P. Godici in his declaration submitted in support of
your Opposition.
REQUEST NO. 181:

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All prior expert reports and declarations submitted by Nicholas P. Godici in other

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litigation involving patent prosecution.

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REQUEST NO. 182:

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All trial and deposition transcripts from other litigation in which Nicholas P. Godici was

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an expert.

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REQUEST NO. 183:

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All Documents relied on by Andries Van Dam in his declaration submitted in support of

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your Opposition.

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REQUEST NO. 184:

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All prior expert reports and declarations submitted by Andries Van Dam in other litigation

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involving utility patents.

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REQUEST NO. 185:

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All trial and deposition transcripts from other litigation in which Andries Van Dam was an

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expert.

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REQUEST NO. 186:

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All Documents relied on by Itay Sherman in his declaration submitted in support of your

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Opposition.

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REQUEST NO. 187:
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All prior expert reports and declarations submitted by Itay Sherman in other litigation

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involving design patents.

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REQUEST NO. 188:

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All trial and deposition transcripts from other litigation in which Itay Sherman was an

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expert.

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REQUEST NO. 189:

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All Documents relied on by Michael J. Wagner in his declaration submitted in support of

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your Opposition.

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REQUEST NO. 190:

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To the extent not attached as an exhibit, hard copies of all Documents cited by Michael J.

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Wagner in his declaration submitted in support of your Opposition. Documents responsive to this

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Request include, but are not limited to, hard copies of all references cited in the footnotes of Mr.

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Wagner’s declaration.

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REQUEST NO. 191:

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All prior expert reports and declarations submitted by Michael J. Wagner in other

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litigation involving damages.

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REQUEST NO. 192:

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All trial and deposition transcripts from other litigation in which Michael J. Wagner was

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an expert.

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REQUEST NO. 193:

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All Documents relied on by Jeffrey Johnson in his declaration submitted in support of

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your Opposition.

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REQUEST NO. 194:

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All prior expert reports and declarations submitted by Jeffrey Johnson in other litigation

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involving utility patents.

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REQUEST NO. 195:

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All trial and deposition transcripts from other litigation in which Jeffrey Johnson was an
expert.
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REQUEST NO. 196:
All native photographs of the Products at Issue, prior art, and Apple products taken in

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support of your Opposition, regardless of whether the photographs were referenced, inserted, or

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relied upon in your Opposition.

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REQUEST NO. 197:

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All Documents, including source code, relating to any art that Samsung alleges is relevant

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to the validity of U.S. Patent No. 7,469,381, including LaunchTile and XNav.

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REQUEST NO. 198:

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All Documents relating to any instructions, manuals, guides, or other documentation for

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LaunchTile and XNav.

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REQUEST NO. 199:

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A device that runs LaunchTile.
REQUEST NO. 200:
Source code for the Gallery, Contacts, and Browser applications on the Products at Issue.
REQUEST NO. 201:
Source code relating to features of the Products at Issue that Apple has alleged infringe

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U.S. Patent No. 7,469,381.

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REQUEST NO. 202:

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Source code for any instructions relating to not illuminating part of the screens on the

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Products at Issue while they are powered on.

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REQUEST NO. 203:

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Documents sufficient to show the operation and functionality of the AMOLED screens of

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the Products at Issue.

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REQUEST NO. 204:

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All Documents relating to your analysis, review, consideration, or copying of, or

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comparison against, any Apple product or product feature, including (1) their Hardware Design;

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(2) 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 (3) 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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REQUEST NO. 205:

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All Documents relating to any statements made by you regarding Apple and the Products

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at Issue.

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REQUEST NO. 206:

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All Documents relating to any customer surveys, studies, analyses or investigations
regarding the Products at Issue.
REQUEST NO. 207:
All Documents identifying or analyzing the market or markets to which Samsung intends

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to sell the Products at Issue.

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REQUEST NO. 208:

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All Documents created within the last five years relating to Samsung’s actual or projected

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smartphone market share.

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REQUEST NO. 209:

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All Documents created within the last five years relating to Samsung’s actual or projected

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tablet computer market share.

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REQUEST NO. 210:

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All Documents created between 2008 and the present relating to Samsung’s expansion of

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its U.S. market share for smartphones and tablet computers.

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REQUEST NO. 211:

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All Documents relating to the development of the Products at Issue that mention or refer

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to Apple or Apple products, including communications among or with your personnel that discuss

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whether or how to copy any design, feature, or function of an Apple product. Documents

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responsive to this Request include, but are not limited to, Documents related to the redesign of the

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Products at Issue in light of Apple products.

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REQUEST NO. 212:
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All physical samples of Apple products in your possession (excluding only samples, if any,

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which may have been purchased exclusively for purposes related to this litigation by or at the

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direction of counsel) together with all documents relating to when the samples were obtained, for

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what purpose, and how you used them.

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REQUEST NO. 213:

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All Documents relating to your inspection of Apple products. Documents responsive to

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this Request include, but are not limited to, photographs of Apple products and tear-downs of

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Apple products, notes and memoranda that you made relating to Apple products, and email

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communications relating to any such inspection.

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REQUEST NO. 214:
All Documents relating to marketing of any Products at Issue that discuss or refer directly

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or indirectly to Apple or Apple products, including copies of all advertisements or other

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promotional materials, marketing plans, market surveys, focus group studies, or other documents

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related to testing of advertisements or advertisement messaging. Documents responsive to this

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Request include, but are not limited to, your “Hello” marketing campaign relating to the Galaxy S,

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your “See Flash Run” marketing campaign for the Galaxy Tab, and your “Appelmos”

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(“Applesauce”) marketing campaign relating to the Galaxy S II.

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REQUEST NO. 215:

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All Documents relating to any instances of consumer confusion in which Samsung was

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made aware that a person confused an Apple product for a Product at Issue, or a Product at Issue

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for an Apple product.

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REQUEST NO. 216:

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All Documents relating to your decision to give away a free Galaxy Tab 10.1 with the

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purchase of certain Samsung televisions at Best Buy stores.

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REQUEST NO. 217:

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All Documents relating to any promotions, actual or considered, related to any of the
Products at Issue.

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Dated: August 26, 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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