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)

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EXHIBIT 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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. 17 18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA 20 SAN JOSE DIVISION 21 APPLE INC., a California corporation, Plaintiff, 22 23 24 25 26 27 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. 28 APPLE INC.’S REQUESTS FOR PRODUCTION OF DOCUMENTS RELATING TO APPLE’S MOTION FOR PI CASE NO. 11-CV-01846-LHK sf-3017581 1 APPLE INC. (“Apple” or “Plaintiff”) hereby requests, pursuant to Rules 26 and 34 of the 2 Federal Rules of Civil Procedure, that SAMSUNG ELECTRONICS CO., LTD.; SAMSUNG 3 ELECTRONICS AMERICA, INC.; and SAMSUNG TELECOMMUNICATIONS AMERICA, 4 LLC, (“Defendants”) respond to Apple’s Requests for Production of Documents Relating to 5 Apple’s Motion for a Preliminary Injunction. Apple requests that Defendants produce for 6 inspection and copying the documents and things set forth below at the offices of Morrison & 7 Foerster, LLP, 425 Market St., San Francisco, CA 94105-2482 within twenty-three (23) days, or 8 such other time as the parties agree or the Court orders. 9 10 DEFINITIONS The words and phrases used in these Requests shall have the meanings ascribed to them 11 under the Federal Rules of Civil Procedure and the Local Rules of the United States District 12 Court for the Northern District of California. In addition, the following terms shall have the 13 meanings set forth below whenever used in any Request. 14 1. “You” and/or “your” mean Defendants and all predecessors, successors, 15 predecessors-in-interest, successors-in-interest, subsidiaries, divisions, parents, and/or affiliates, 16 past or present, any companies that have a controlling interest in Defendants, and any current or 17 former employee, officer, director, principal, agent, consultant, sales representative, or attorney 18 thereof. 19 2. “Apple” means Apple Inc. 20 3. “Products at Issue” means the Samsung Galaxy S 4G, Infuse 4G, Droid Charge, 21 22 23 24 25 26 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. 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. “Document(s)” has the broadest possible meaning permitted by Federal Rules of 27 Civil Procedure Rules 26 and 34 and the relevant case law. “Document(s)” also includes all 28 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 1 7. “Relating” means regarding, referring to, concerning, mentioning, reflecting, 2 pertaining to, evidencing, involving, describing, discussing, commenting on, embodying, 3 responding to, supporting, contradicting, containing or constituting (in whole or in part), as the 4 context makes appropriate. 5 8. The use of a verb in any tense shall be construed as the use of the verb in all other 7 9. The use of the singular form of any word includes the plural and vice versa. 8 10. “And” and “or” shall be construed conjunctively and disjunctively to acquire the 6 9 tenses. broadest meaning possible. 10 11 12 INSTRUCTIONS 1. Each document is to be produced along with all non-identical drafts thereof in their entirety, without abbreviation or redaction. 13 2. 14 business. 15 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 16 statement of the claim of privilege and all facts relied upon in support of that claim as required 17 by Rule 26(b)(5) of the Federal Rules of Civil Procedure. 18 4. Documents responsive to each Request must be produced in full and subject to 19 any Request being narrowed by the parties’ meeting and conferring regarding your 20 corresponding requests to Plaintiff, if applicable. 21 22 23 REQUESTS FOR PRODUCTION OF DOCUMENTS REQUEST NO. 1: Documents relating to your analysis, review, consideration, or copying of, or comparison 24 against, any Apple product or product feature in designing, developing, or implementing any 25 feature of the Products at Issue, including (1) their Exterior Design; (2) functionality that allows 26 for an image, list, or webpage to be scrolled beyond its edge until it is partially displayed; and 27 (3) functionality that allows for an image, list, or webpage that is scrolled beyond its edge to 28 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 2 1 REQUEST NO. 2: 2 Documents relating to the existence of and/or work conducted by any group within 3 Defendants that analyzes, analyzed, considers, considered, copies, copied, compares, or compared 4 any Apple product or product feature in developing one or more of the Products at Issue. 5 REQUEST NO. 3: 6 Documents relating to competition between Apple and Samsung products, including each 7 version of the iPhone or iPad and any of the Products at Issue. 8 REQUEST NO. 4: 9 10 Documents sufficient to identify the respective markets of each of the Products at Issue. REQUEST NO. 5: 11 Documents sufficient to identify the respective market shares of each of the Products at 12 Issue. 13 REQUEST NO. 6: 14 Documents sufficient to identify the respective market share of each product that 15 competes with the Products at Issue. 16 REQUEST NO. 7: 17 Documents sufficient to identify all projections you have reviewed or considered as to 18 what the respective market share of each of the Products at Issue, and each product that competes 19 with each of the Products at Issue, is likely to be at any future point. 20 REQUEST NO. 8: 21 Documents and things you allege are prior art to the Patents at Issue. 22 23 Dated: July 12, 2011 MORRISON & FOERSTER LLP 24 25 26 By: /s/ Richard S.J. Hung RICHARD S.J. HUNG Attorneys for Defendant APPLE INC. 27 28 APPLE INC’S REQUESTS FOR PRODUCTION OF DOCUMENTS RELATING TO APPLE’S MOTION FOR PI CASE NO. 11-CV-01846-LHK sf-3017581 3 1 CERTIFICATE OF SERVICE 2 I, Deok Keun Matthew Ahn, hereby certify that on July 12, 2011, true and correct 3 copies of the foregoing document were served on the following counsel of record at the 4 addresses and in the manner indicated: 5 VIA ELECTRONIC MAIL 6 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 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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 23 24 I declare under the penalty of perjury that the foregoing is true and correct. /s/ Deok Keun Matthew Ahn Deok Keun Matthew Ahn 25 26 27 28 CERTIFICATE OF SERVICE CASE NO. 4:11-CV-1846-LHK sf-3019402

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