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

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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]
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,

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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.

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APPLE INC.’S ROGS RELATING TO APPLE’S MOTION FOR PI – SET TWO
CASE NO. 11-CV-01846-LHK
sf-3038280

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APPLE INC. (“Apple”) hereby requests, pursuant to Rules 26 and 33 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 Interrogatories Relating to Apple’s Motion for a Preliminary

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Injunction – Set Two. Apple requests that Defendants answer each interrogatory below and serve

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their answers on Apple’s counsel at the offices of Morrison & Foerster, LLP, 425 Market St., San

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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.

“Patents in Suit” means U.S. Patent No. 7,469,381, U.S. Design Patent No.

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D504,889, U.S. Design Patent No. D593,087, and U.S. Design Patent No. D618,677,

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collectively.

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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

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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.

“Identify” means (1) when referring to a person, the person’s full name, present or

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last known address and telephone number, and the last known title and place of employment; (2)

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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

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nature and subject matter, date of creation, and all author(s), addresses(s), and recipient(s); and

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(3) when referring to patent documents, the country, patent and/or application number, dates of

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filing, publications, and grant, and the names of patentees or applicants.

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INTERROGATORIES
INTERROGATORY NO. 10:
Describe the circumstances surrounding the development and/or design of the Hardware

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Design of the Products at Issue, including dates of conception of the design of the Hardware

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Design, the persons who were involved, and the tools or software used to create or model the

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design of the Hardware Design.

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INTERROGATORY NO. 11:
Describe the circumstances surrounding the development and/or design of features in the

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Products at Issue relating to: (1) the functionality that allows for a list to be scrolled beyond its

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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 (2) 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, including dates of

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conception of the design of the functionalities and the persons who were involved.

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INTERROGATORY NO. 12:
Identify the date(s) on which Samsung first became aware of each of the Patents in Suit,

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the persons at Samsung who first became aware of the aforementioned patents, and the

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circumstances surrounding those individuals’ awareness of the aforementioned patents.

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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

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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.
APPLE INC.’S ROGS RELATING TO APPLE’S MOTION FOR PI – SET TWO
CASE NO. 11-CV-01846-LHK
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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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APPLE INC.’S ROGS RELATING TO APPLE’S MOTION FOR PI – SET TWO
CASE NO. 11-CV-01846-LHK
sf-3038280

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