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 F
1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
2 charlesverhoeven@quinnemanuel.com
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: (415) 875-6600
4 Facsimile: (415) 875-6700
5 Kevin P.B. Johnson (Bar No. 177129)
kevinjohnson@quinnemanuel.com
6 Victoria F. Maroulis (Bar No. 202603)
victoriamaroulis@quinnemanuel.com
th
7 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
8 Telephone: (650) 801-5000
Facsimile: (650) 801-5100
9
Michael T. Zeller (Bar No. 196417)
10 michaelzeller@quinnemanuel.com
865 S. Figueroa St., 10th Floor
11 Los Angeles, California 90017
Telephone: (213) 443-3000
12 Facsimile: (213) 443-3100
13 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
14 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
15
16
UNITED STATES DISTRICT COURT
17
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
18
19 APPLE INC., a California corporation,
Plaintiff,
20
21
vs.
22 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
23 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
24 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
25
Defendant.
26
CASE NO. 11-cv-01846-LHK
SAMSUNG’S OBJECTIONS TO APPLE’S
INTERROGATORIES TO DEFENDANTS
RELATING TO APPLE’S MOTION FOR
A PRELIMINARY INJUNCTION - SETS
ONE (NO. 1) AND TWO (NOS. 10-14)
27
28
Case No. 11-cv-01846-LHK
SAMSUNG'S OBJECTIONS TO APPLE’S INTERROGATORIES
RELATING TO APPLE’S MOTION FOR A PRELIMINARY INJUNCTION - SETS ONE AND TWO
1
Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Defendants Samsung
2 Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications
3 America, LLC, (“Samsung”) submit the following objections to Plaintiff Apple Inc’s (“Apple’s”)
4 Interrogatories to Defendants Relating to Apple’s Motion for a Preliminary Injunction.
5
Samsung expressly incorporates the following General Objections as though set forth fully
6 in response to each of the following individual interrogatories and, to the extent that they are not
7 raised in any particular response, Samsung does not waive those objections.
8
9
GENERAL OBJECTIONS
The following general objections apply to each and every interrogatory propounded by
10 Plaintiff, and are incorporated into each of the following responses by reference as if set forth fully
11 therein:
12
1.
Samsung objects to the “Definitions” and “Instructions” contained in Apple’s
13 Second Set of Interrogatories to the extent they are inconsistent with the Federal Rules of Civil
14 Procedure.
15
2.
Samsung objects to Apple’s Definition of “Samsung,” “You,” “Your,” and
16 “Defendants” as overly broad to the extent it requires Samsung to pursue information from
17 individuals no longer employed by Samsung whose data is not currently in the possession of
18 Samsung. Samsung further objects to Apple’s Definition of “Samsung,” “You,” “Your,” and
19 “Defendants” as overly broad, vague, and ambiguous to the extent it does not define “affiliates,”
20 and also to the extent that it requires Samsung to potentially seek information from thousands of
21 people. Samsung will respond to interrogatories based on a reasonable inquiry of individuals
22 expected to possess the requested information.
23
3.
Samsung objects to Apple’s definition of “Products at Issue” as overly broad and
24 neither relevant nor reasonably calculated to lead to the discovery of admissible evidence, insofar
25 as it seeks information about these products “as released anywhere in the world.”
26
4.
Samsung objects to Apple’s definition of “Hardware Design” as overly broad,
27 vague, and ambiguous insofar as it includes “all hardware, insignia or ornamentation thereon.”
28
5.
Samsung objects to these interrogatories as vague and ambiguous to the extent
Case No. 11-cv-01846-LHK
-2SAMSUNG'S OBJECTIONS TO APPLE’S INTERROGATORIES
RELATING TO APPLE’S MOTION FOR A PRELIMINARY INJUNCTION - SETS ONE AND TWO
1 they include terms that are undefined. Samsung in its responses will identify any terms it believes
2 are vague and ambiguous and will assume a reasonable meaning for each such term.
3
6.
Samsung objects generally to each interrogatory to the extent that it seeks to elicit
4 information subject to and protected by the attorney-client privilege, the attorney work-product
5 doctrine, the joint defense privilege, the common interest doctrine, and/or any other applicable
6 privilege or immunity. Any inadvertent disclosure of such information shall not be deemed a
7 waiver of the attorney-client privilege, the work product doctrine, or any other applicable
8 privilege or immunity recognized by statute or case law. Samsung will exchange with Apple a
9 log of withheld documents at a time agreed to by counsel for the parties. Samsung objects
10 generally to the logging of privileged documents that were created on or after the date of filing of
11 the original Complaint (on April 15, 2011). Samsung will not log privileged documents that were
12 created on or after April 15, 2011.
13
7.
Samsung objects generally to the interrogatories to the extent they seek
14 information from outside a reasonable time period or from a point other than a reasonable time, or
15 seek information about products outside the United States.
16
8.
Samsung objects to these interrogatories to the extent they seek to compel
17 Samsung to generate or create information and/or documents that do not already exist.
18
9.
Samsung objects generally to the interrogatories to the extent that they prematurely
19 call for contentions, identification of prior art, or identification of witnesses at this stage of the
20 litigation.
21
10.
Samsung objects to each interrogatory to the extent it is duplicative or cumulative
22 of another interrogatory.
23
11.
Samsung objects to each interrogatory to the extent it is compound and comprises
24 discrete subparts resulting in separate interrogatories.
25
12.
Samsung expressly reserves the right to respond to any or all of the interrogatories
26 by specifying documents wherein the responsive information may be ascertained pursuant to Rule
27 33(d) of the Federal Rules of Civil Procedure.
28
13.
Samsung objects generally to the interrogatories to the extent they seek
Case No. 11-cv-01846-LHK
-3SAMSUNG'S OBJECTIONS TO APPLE’S INTERROGATORIES
RELATING TO APPLE’S MOTION FOR A PRELIMINARY INJUNCTION - SETS ONE AND TWO
1 confidential proprietary or trade secret information of third parties. Samsung will endeavor to
2 work with third parties to obtain their consent, if necessary, before identifying or producing such
3 information and/or documents.
4
14.
Samsung objects generally to the interrogatories on the grounds that they are
5 overly broad, unduly burdensome, and neither relevant nor reasonably calculated to lead to the
6 discovery of admissible evidence.
7
15.
Samsung objects to the interrogatories on the ground that they are overly broad,
8 unduly burdensome and oppressive to the extent they purport to require Samsung to search its
9 facilities and inquire of their employees other than those facilities and employees that would
10 reasonably be expected to have responsive information. Samsung’s responses are based upon (1)
11 a reasonable search and investigation of facilities and files that could reasonably be expected to
12 contain responsive information, and (2) inquiries of Samsung’s employees and/or representatives
13 who could reasonably be expected to possess responsive information.
14
16.
Samsung objects to the interrogatories on the grounds that they seek information
15 already in the possession of Apple, publicly available, or as readily available to Apple as it is to
16 Samsung.
17
17.
Samsung objects to the interrogatories on the grounds and to the extent that they
18 seek legal conclusions or call for expert testimony. Samsung’s responses should not be construed
19 to provide legal conclusions.
20
18.
Samsung further objects to interrogatories Nos. 10-14 as improperly delayed.
21 Apple has known about the Court’s discovery schedule relating to Apple’s motion for a
22 preliminary injunction since July 18, 2011. While Apple had the opportunity to serve these
23 interrogatories at an earlier time, it waited until the last possible date under the Court’s Order to
24 serve these discovery requests, along with over 60 additional document requests.
These
25 interrogatories seek information that Apple could have requested at a much earlier date. None of
26 these interrogatories are dependent on any arguments raised in Samsung’s Opposition to Apple’s
27 preliminary injunction. Therefore, Samsung objects to Apple’s bad faith in delaying service of
28 these requests.
Case No. 11-cv-01846-LHK
-4SAMSUNG'S OBJECTIONS TO APPLE’S INTERROGATORIES
RELATING TO APPLE’S MOTION FOR A PRELIMINARY INJUNCTION - SETS ONE AND TWO
1
Subject to and without waiving the foregoing General Objections, Samsung objects as
2 follows:
3
SPECIFIC OBJECTIONS
4 INTERROGATORY NO. 1:
5
For each of the Products at Issue, describe any analysis, review, consideration, or copying
6 of, or comparison against, any Apple product or product feature in designing or developing, or
7 implementing a feature on, the Product at Issue, and identify all documents and things relating to
8 your response, and any persons with knowledge regarding your response.
9 OBJECTION TO INTERROGATORY NO. 1:
10
In addition to its General Objections above, which it hereby incorporates by reference,
11 Samsung objects to this Interrogatory to the extent that it seeks to elicit information subject to and
12 protected by the attorney-client privilege, the attorney work-product doctrine, the joint defense
13 privilege, the common interest doctrine, and/or any other applicable privilege or immunity.
14 Samsung further objects to the Interrogatory as overbroad in that it is not reasonably limited as to
15 the scope of documents and things it seeks. Samsung further objects to the Interrogatory as
16 overbroad in that it is not reasonably limited to the features of the Products at Issue that Apple has
17 alleged of infringement in its preliminary injunction motion. Samsung further objects to the
18 Interrogatory as oppressive and harassing inasmuch as it implies Samsung engaged in copying and
19 other such activity.
20 INTERROGATORY NO. 10:
21
Describe the circumstances surrounding the development and/or design of the Hardware
22 Design of the Products at Issue, including dates of conception of the design of the Hardware
23 Design, the persons who were involved, and the tools or software used to create or model the
24 design of the Hardware Design.
25 OBJECTION TO INTERROGATORY NO. 10:
26
In addition to its General Objections above, which it hereby incorporates by reference,
27 Samsung objects to this interrogatory on the grounds that it is vague and ambiguous with regard to
28 the terms “Hardware Design.” Samsung further objects to this interrogatory to the extent that it
Case No. 11-cv-01846-LHK
-5SAMSUNG'S OBJECTIONS TO APPLE’S INTERROGATORIES
RELATING TO APPLE’S MOTION FOR A PRELIMINARY INJUNCTION - SETS ONE AND TWO
1 seeks to elicit information subject to and protected by the attorney-client privilege, the attorney
2 work-product doctrine, the joint defense privilege, the common interest doctrine, and/or any other
3 applicable privilege or immunity. Samsung further objects to the Interrogatory as overbroad in
4 that it is not reasonably limited to the features of the Products at Issue that Apple has alleged of
5 infringement in its preliminary injunction motion. Samsung further objects to this discovery
6 because Apple has delayed serving this interrogatory, despite Apple’s earlier knowledge of the
7 issues raised in the interrogatory and despite the fact that Apple has known about the Court’s
8 Order governing discovery relating to Apple’s motion for a preliminary injunction since July 18,
9 2011.
10 INTERROGATORY NO. 11:
11
Describe the circumstances surrounding the development and/or design of features in the
12 Products at Issue relating to: (1) the functionality that allows for a list to be scrolled beyond its
13 terminus or a document to be translated beyond its edge until the list or document is partially
14 displayed and (2) functionality that allows for a list that is scrolled beyond its terminus to scroll
15 back or bounce back into place or for a document that is translated beyond its edge to translate
16 back or bounce back so that the list or document returns to fill the screen, including dates of
17 conception of the design of the functionalities and the persons who were involved.
18 OBJECTION TO INTERROGATORY NO. 11:
19
In addition to its General Objections above, which it hereby incorporates by reference,
20 Samsung objects to this interrogatory on the grounds that it is vague and ambiguous with regard to
21 the terms “scrolled beyond its terminus” or “translated beyond its edge.” Samsung further objects
22 to this interrogatory to the extent that it seeks to elicit information subject to and protected by the
23 attorney-client privilege, the attorney work-product doctrine, the joint defense privilege, the
24 common interest doctrine, and/or any other applicable privilege or immunity. Samsung further
25 objects to this discovery because Apple has delayed serving this interrogatory, despite Apple’s
26 earlier knowledge of the issues raised in the interrogatory and despite the fact that Apple has
27 known about the Court’s Order governing discovery relating to Apple’s motion for a preliminary
28 injunction since July 18, 2011.
Case No. 11-cv-01846-LHK
-6SAMSUNG'S OBJECTIONS TO APPLE’S INTERROGATORIES
RELATING TO APPLE’S MOTION FOR A PRELIMINARY INJUNCTION - SETS ONE AND TWO
1 INTERROGATORY NO. 12:
2
Identify the date(s) on which Samsung first became aware of each of the Patents in Suit,
3 the persons at Samsung who first became aware of the aforementioned patents, and the
4 circumstances surrounding those individuals’ awareness of the aforementioned patents.
5 OBJECTION TO INTERROGATORY NO. 12:
6
In addition to its General Objections above, which it hereby incorporates by reference,
7 Samsung objects to this interrogatory, to the extent that it is neither relevant nor reasonably
8 calculated to lead to the discovery of admissible evidence relating to Apple’s motion for a
9 preliminary injunction. Samsung further objects to this interrogatory to the extent that it seeks to
10 elicit information subject to and protected by the attorney-client privilege, the attorney work11 product doctrine, the joint defense privilege, the common interest doctrine, and/or any other
12 applicable privilege or immunity. Samsung further objects to this discovery because Apple has
13 delayed serving this interrogatory, despite Apple’s earlier knowledge of the issues raised in the
14 interrogatory and despite the fact that Apple has known about the Court’s Order governing
15 discovery relating to Apple’s motion for a preliminary injunction since July 18, 2011.
16 INTERROGATORY NO. 13:
17
Identify and describe any surveys, focus groups, or market research relating to actual or
18 prospective smartphone or tablet computer customers.
19 OBJECTION TO INTERROGATORY NO. 13:
20
In addition to its General Objections above, which it hereby incorporates by reference,
21 Samsung objects to this interrogatory on the grounds that it is vague and ambiguous, and
22 overbroad to the extent that it seeks information beyond the Products at Issue in the United States,
23 that are the subject of Apple’s motion for a preliminary injunction. Samsung objects to this
24 interrogatory to the extent that it seeks to elicit information subject to and protected by the
25 attorney-client privilege, the attorney work-product doctrine, the joint defense privilege, the
26 common interest doctrine, and/or any other applicable privilege or immunity. Samsung further
27 objects to this discovery because Apple has delayed serving this interrogatory, despite Apple’s
28 earlier knowledge of the issues raised in the interrogatory and despite the fact that Apple has
Case No. 11-cv-01846-LHK
-7SAMSUNG'S OBJECTIONS TO APPLE’S INTERROGATORIES
RELATING TO APPLE’S MOTION FOR A PRELIMINARY INJUNCTION - SETS ONE AND TWO
1 known about the Court’s Order governing discovery relating to Apple’s motion for a preliminary
2 injunction since July 18, 2011.
3 INTERROGATORY NO. 14:
4
Describe any instances of consumer confusion in which Samsung was made aware that a
5 person confused an Apple product for a Product at Issue, or a Product at Issue for an Apple
6 product.
7 OBJECTION TO INTERROGATORY NO. 14:
8
In addition to its General Objections above, which it hereby incorporates by reference,
9 Samsung objects to this interrogatory to the extent that it seeks to elicit information subject to and
10 protected by the attorney-client privilege, the attorney work-product doctrine, the joint defense
11 privilege, the common interest doctrine, and/or any other applicable privilege or immunity.
12 Samsung further objects to the Interrogatory as overbroad in that it is not reasonably limited to the
13 features of the Products at Issue that Apple has alleged of infringement in its preliminary
14 injunction motion. Samsung further objects to this discovery because Apple has delayed serving
15 this interrogatory, despite Apple’s earlier knowledge of the issues raised in the interrogatory and
16 despite the fact that Apple has known about the Court’s Order governing discovery relating to
17 Apple’s motion for a preliminary injunction since July 18, 2011.
18
19 DATED: August 31, 2011
Respectfully submitted,
20
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
21
22
23
24
25
26
27
28
By /s/ Victoria Maroulis
Charles K. Verhoeven
Kevin P.B. Johnson
Victoria F. Maroulis
Michael T. Zeller
Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
Case No. 11-cv-01846-LHK
-8SAMSUNG'S OBJECTIONS TO APPLE’S INTERROGATORIES
RELATING TO APPLE’S MOTION FOR A PRELIMINARY INJUNCTION - SETS ONE AND TWO
1
2
CERTIFICATE OF SERVICE
I hereby certify that on August 31, 2011, I caused SAMSUNG’S OBJECTIONS TO
3 APPLE’S INTERROGATORIES TO DEFENDANTS RELATING TO APPLE’S MOTION
4 FOR A PRELIMINARY INJUNCTION - SETS ONE AND TWO to be electronically served
5 on the following via email:
6 ATTORNEYS FOR APPLE INC.
7 HAROLD J. MCELHINNY
hmcelhinny@mofo.com
8 MICHAEL A. JACOBS
mjacobs@mofo.com
9 JENNIFER LEE TAYLOR
jtaylor@mofo.com
10 ALISON M. TUCHER
atucher@mofo.com
11 RICHARD S.J. HUNG
rhung@mofo.com
12 JASON R. BARTLETT
jasonbartlett@mofo.com
13 MORRISON & FOERSTER LLP
425 Market Street
14 San Francisco, California 94105-2482
Telephone: (415) 268-7000
15 Facsimile: (415) 268-7522
16 WILLIAM F. LEE
william.lee@wilmerhale.com
17 WILMER CUTLER PICKERING HALE
AND DORR LLP
18 60 State Street
Boston, Massachusetts 02109
19 Telephone: (617) 526-6000
Facsimile: (617) 526-5000
20
MARK D. SELWYN
21 mark.selwyn@wilmerhale.com
WILMER CUTLER PICKERING HALE
22 AND DORR LLP
950 Page Mill Road
23 Palo Alto, California 94304
Telephone: (650) 858-6000
24 Facsimile: (650) 858-6100
25
I declare under penalty of perjury that the foregoing is true and correct. Executed in
26
Redwood Shores, California on August 31, 2011.
27
__/s/ Melissa N. Chan
28
Case No. 11-cv-01846-LHK
-9SAMSUNG'S OBJECTIONS TO APPLE’S INTERROGATORIES
RELATING TO APPLE’S MOTION FOR A PRELIMINARY INJUNCTION - SETS ONE AND TWO
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