Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
387
Declaration of Melissa Chan in Support of #258 Opposition/Response to Motion, filed bySamsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16, #16 Exhibit 17, #17 Exhibit 18, #18 Exhibit 19, #19 Exhibit 20, #20 Exhibit 21, #21 Exhibit 22)(Related document(s) #258 ) (Maroulis, Victoria) (Filed on 11/9/2011)
EXHIBIT 3
1
2
3
4
5
6
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
7
8
Attorneys for Plaintiff
APPLE INC.
9
10
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, Massachusetts 02109
Telephone: (617) 526-6000
Facsimile: (617) 526-5000
Facsimile: (650) 852-9224
11
12
UNITED STATES DISTRICT COURT
13
NORTHERN DISTRICT OF CALIFORNIA
14
SAN JOSE DIVISION
15
APPLE INC., a California corporation,
16
17
18
19
20
21
22
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 INTERROGATORIES TO
DEFENDANTS RELATING TO APPLE’S
MOTION FOR A PRELIMINARY
INJUNCTION – SET TWO
Defendants.
23
24
25
26
27
28
APPLE INC.’S ROGS RELATING TO APPLE’S MOTION FOR PI – SET TWO
CASE NO. 11-CV-01846-LHK
sf-3038280
1
APPLE INC. (“Apple”) hereby requests, pursuant to Rules 26 and 33 of the Federal Rules
2
of Civil Procedure, that SAMSUNG ELECTRONICS CO., LTD.; SAMSUNG ELECTRONICS
3
AMERICA, INC.; and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC,
4
(“Defendants”) respond to Apple’s Interrogatories Relating to Apple’s Motion for a Preliminary
5
Injunction – Set Two. Apple requests that Defendants answer each interrogatory below and serve
6
their answers on Apple’s counsel at the offices of Morrison & Foerster, LLP, 425 Market St., San
7
Francisco, CA 94105-2482 on or before September 12, 2011.
8
9
DEFINITIONS
The words and phrases used in these Requests shall have the meanings ascribed to them
10
under the Federal Rules of Civil Procedure and the Local Rules of the United States District
11
Court for the Northern District of California. In addition, the following terms shall have the
12
meanings set forth below whenever used in any Request.
13
1.
“Samsung,” “You” and/or “your” mean Defendants and all predecessors,
14
successors, predecessors-in-interest, successors-in-interest, subsidiaries, divisions, parents,
15
and/or affiliates, past or present, any companies that have a controlling interest in Defendants,
16
and any current or former employee, officer, director, principal, agent, consultant, sales
17
representative, or attorney thereof.
18
2.
“Patents in Suit” means U.S. Patent No. 7,469,381, U.S. Design Patent No.
19
D504,889, U.S. Design Patent No. D593,087, and U.S. Design Patent No. D618,677,
20
collectively.
21
22
23
3.
“Products at Issue” means the Samsung Galaxy S 4G, Infuse 4G, Droid Charge,
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
24
band, buttons, ports, speaker, and speaker slots, and all hardware, insignia, or ornamentation
25
thereon.
26
5.
“Identify” means (1) when referring to a person, the person’s full name, present or
27
last known address and telephone number, and the last known title and place of employment; (2)
28
when referring to nonpatent documents, the production number or type of document, its general
APPLE INC.’S ROGS RELATING TO APPLE’S MOTION FOR PI – SET TWO
CASE NO. 11-CV-01846-LHK
sf-3038280
1
1
nature and subject matter, date of creation, and all author(s), addresses(s), and recipient(s); and
2
(3) when referring to patent documents, the country, patent and/or application number, dates of
3
filing, publications, and grant, and the names of patentees or applicants.
4
5
6
INTERROGATORIES
INTERROGATORY NO. 10:
Describe the circumstances surrounding the development and/or design of the Hardware
7
Design of the Products at Issue, including dates of conception of the design of the Hardware
8
Design, the persons who were involved, and the tools or software used to create or model the
9
design of the Hardware Design.
10
11
INTERROGATORY NO. 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
19
INTERROGATORY NO. 12:
Identify the date(s) on which Samsung first became aware of each of the Patents in Suit,
20
the persons at Samsung who first became aware of the aforementioned patents, and the
21
circumstances surrounding those individuals’ awareness of the aforementioned patents.
22
23
24
25
26
INTERROGATORY NO. 13:
Identify and describe any surveys, focus groups, or market research relating to actual or
prospective smartphone or tablet computer customers.
INTERROGATORY NO. 14:
Describe any instances of consumer confusion in which Samsung was made aware that a
27
person confused an Apple product for a Product at Issue, or a Product at Issue for an Apple
28
product.
APPLE INC.’S ROGS RELATING TO APPLE’S MOTION FOR PI – SET TWO
CASE NO. 11-CV-01846-LHK
sf-3038280
2
1
Dated: August 26, 2011
MORRISON & FOERSTER LLP
2
3
4
5
By:
/s/ Richard S.J. Hung
RICHARD S.J. HUNG
Attorneys for Defendant
APPLE INC.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
APPLE INC.’S ROGS RELATING TO APPLE’S MOTION FOR PI – SET TWO
CASE NO. 11-CV-01846-LHK
sf-3038280
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?