Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 467

Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Exhibit Motion to Compel, #2 Exhibit Mazza Declaration, #3 Exhibit Ex. 1 to Mazza Decl, #4 Exhibit Ex. 2 to Mazza Decl, #5 Exhibit Ex. 3 to Mazza Decl, #6 Exhibit Ex. 4 to Mazza Decl, #7 Exhibit Ex. 5 to Mazza Decl, #8 Exhibit Ex. 6 to Mazza Decl, #9 Exhibit Ex. 7 to Mazza Decl, #10 Exhibit Ex. 8 to Mazza Decl, #11 Exhibit Ex. 9 to Mazza Decl, #12 Exhibit Ex. 10 to Mazza Decl, #13 Exhibit Ex. 11 to Mazza Decl, #14 Exhibit Ex. 12 to Mazza Decl, #15 Exhibit Ex. 13 to Mazza Decl, #16 Exhibit Ex. 14 to Mazza Decl, #17 Exhibit Ex. 15 to Mazza Decl, #18 Exhibit Ex. 16 to Mazza Decl, #19 Exhibit Ex. 17 to Mazza Decl, #20 Exhibit Ex. 18 to Mazza Decl, #21 Proposed Order)(Jacobs, Michael) (Filed on 12/8/2011) Modified on 12/15/2011 (feriab, COURT STAFF). (Attachment 10 replaced on 12/21/2011) (sp, COURT STAFF). (Attachment 16 replaced on 12/21/2011) (sp, COURT STAFF). PURSUANT TO ORDER #523 DOCUMENTS 467-10 AND 467-16 REMOVED. Modified on 12/21/2011 (sp, COURT STAFF).

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
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]

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Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.

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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,
Defendants.

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PROPOSED ORDER ON APPLE INC.’S MOTION TO COMPEL
CASE NO. 11-CV-01846-LHK
sf-3079589

Case No. 11-cv-01846-LHK
[PROPOSED] ORDER GRANTING
APPLE’S MOTION TO COMPEL
PRODUCTION OF DOCUMENTS
AND THINGS

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Plaintiff Apple Inc. (“Apple”) has moved pursuant to Federal Rule of Civil Procedure 37

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and Patent Local Rule 3-4(a) for an order compelling Defendants Samsung Electronics Co., Ltd,

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Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC

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(collectively, “Samsung”) to substantially complete, by the dates specified below, its production

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of certain identified documents and things. Having considered the arguments of the parties and

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the papers submitted, and GOOD CAUSE HAVING BEEN SHOWN, the Court hereby

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GRANTS Apple’s Motion to Compel Production of Documents and Things as follows:

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IT IS ORDERED that by no later than December 23, 2011, Samsung shall substantially
complete its production to Apple of the following documents:
Sketchbooks (or similar hand drawings, however created, stored, or archived) depicting

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designs for all Galaxy phone and tablet products, regardless of where sold, whether for a final

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design or an alternative design that was not used;

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Physical models (including mockups, prototypes, and similar items, however named) for

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all Galaxy phone and tablet products, regardless of where sold, whether for a final design or an

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alternative design that was not used; and

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Computer-aided design (“CAD”) documents created in connection with the design of all

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Galaxy phone and tablet products, regardless of where sold, whether for a final design or an

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alternative design that was not used.

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IT IS FURTHER ORDERED that by no later than December 23, 2011, Samsung shall
substantially complete its production to Apple of the following documents:

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All documents that mention the term “Apple,” or any Apple product at issue in this case,

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or any alias therefor, or any Korean equivalent thereof, in relevant central files or the files of all

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relevant custodians, including designers and engineers who worked on the Samsung products at

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issue or other Galaxy phone or tablet products, employees responsible for marketing those

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products, and employees responsible for developing the infringing features. Relevant custodians

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shall include customer survey, R&D management, product planning, product strategy, or software

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or product verification groups.

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PROPOSED ORDER ON APPLE INC.’S MOTION TO COMPEL
CASE NO. 11-CV-01846-LHK
sf-3079589

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In performing these searches, Samsung is permitted, in good faith, to use search term

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delimiters to exclude wholly irrelevant documents from this production. Such delimiters will be

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disclosed to Apple if applied.

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IT IS FURTHER ORDERED that by no later than December 23, 2011, Samsung shall

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substantially complete its production to Apple of all survey documents that refer to Apple,

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Apple’s products, or any alias therefore, from any relevant central file or from the files of any

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custodian with survey responsibility, anywhere in the world. Within this production, no

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relevance cut will be made.

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IT IS FURTHER ORDERED that by no later than December 23, 2011, Samsung shall
substantially complete its production to Apple of the following source code and related files:

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1.

Source code and necessary configuration files in any Samsung product at issue

relating to the display and operation of a user interface status bar or a notification in a status bar.

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2.

Source code and necessary configuration files in any Samsung product at issue

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relating to the “rubber-banding” functionality, which allows for an image, list, webpage or

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document to be scrolled beyond its edge until it is partially displayed, then allows for that

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document to scroll or bounce back into place. This includes any source code related to the

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android.widget.OverScroller class included in Android API Level 9, as well as equivalent source

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code or instructions in other versions of Android implemented onto the Samsung Products at

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Issue.

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3.

Source code and necessary configuration files in any Samsung product at issue

relating to pop-up windows, including the timed display thereof.
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Source code and necessary configuration files in any Samsung product at issue

relating to scrolling and scaling.
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Source code and necessary configuration files in any Samsung product at issue

relating to scroll lock.

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PROPOSED ORDER ON APPLE INC.’S MOTION TO COMPEL
CASE NO. 11-CV-01846-LHK
sf-3079589

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Source code and necessary configuration files for the following software:

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TouchWiz, Browser, Camera, Contacts, Gallery, PDF Viewer, ThinkFree Mobile Office, Memo,

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and Maps applications, at least to the extent that the source code for these applications calls or is

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called by code included in Paragraphs 1 through 5 and 7 through 10.

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7.

Touch screen-related source code and documents, including: (i) source code and

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necessary configuration files for the touch sensor controllers in any Samsung product at issue;

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and (ii) documents sufficient to show and to understand design, specifications and manufacturing

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tolerances for the touch screens, touch sensor controllers, and touch screen components in the

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Samsung Products at Issue, including but not limited to specifications, schematics, flow charts,

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formulas, or other documentation showing the design and operation of the touch screens, touch

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sensor controllers, and touch screen components or of other accused features.

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Source code and necessary configuration files in any Samsung product at issue

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relating to the generation or display of windows (or views), including code called by application

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programs to control windows (or views) or what they display.

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9.

Source code and necessary configuration files in any Samsung product at issue

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relating to interprocess communication, including code for generating, registering for, listening

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for, or otherwise processing messages or events.

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Source code and necessary configuration files in any Samsung product at issue

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relating to processing, at any level of the software stack, single- or multi-point touch screen

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contacts, including code that detects, interprets (e.g., by interpreting as a gesture), or distinguishes

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between tapping, dragging, flicking/flinging, pinching/depinching, rotation, or other touch screen

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contacts.

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IT IS FURTHER ORDERED that:

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1.

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Source code should be organized according to, among other things, Android

version.
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If any of the source code above includes or uses any libraries, database systems, or

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similar files, Samsung shall produce those documents and information regarding their

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configuration and use.
PROPOSED ORDER ON APPLE INC.’S MOTION TO COMPEL
CASE NO. 11-CV-01846-LHK
sf-3079589

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Samsung shall identify with specificity by Bates number if possible where in its

productions each of the above categories of documents is found.

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IT IS SO ORDERED.
Dated: December 8, 2011

By:
Honorable Paul S. Grewal, U.S.M.J.

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PROPOSED ORDER ON APPLE INC.’S MOTION TO COMPEL
CASE NO. 11-CV-01846-LHK
sf-3079589

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