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

Filing 467

*** EXHIBIT 8 and 14 FILED IN ERROR WITH CONFIDENTIAL INFORMATION . DOCUMENT LOCKED. *** 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).

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1 2 3 4 5 6 7 8 9 HAROLD J. MCELHINNY (CA SBN 66781) hmcelhinny@mofo.com MICHAEL A. JACOBS (CA SBN 111664) mjacobs@mofo.com JENNIFER LEE TAYLOR (CA SBN 161368) jtaylor@mofo.com ALISON M. TUCHER (CA SBN 171363) atucher@mofo.com RICHARD S.J. HUNG (CA SBN 197425) rhung@mofo.com JASON R. BARTLETT (CA SBN 214530) jasonbartlett@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 10 WILLIAM F. LEE 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 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 11 12 Attorneys for Plaintiff and Counterclaim-Defendant APPLE INC. 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN JOSE DIVISION 17 18 APPLE INC., a California corporation, Plaintiff, 19 20 21 22 23 24 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. 25 26 27 28 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 1 Plaintiff Apple Inc. (“Apple”) has moved pursuant to Federal Rule of Civil Procedure 37 2 and Patent Local Rule 3-4(a) for an order compelling Defendants Samsung Electronics Co., Ltd, 3 Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC 4 (collectively, “Samsung”) to substantially complete, by the dates specified below, its production 5 of certain identified documents and things. Having considered the arguments of the parties and 6 the papers submitted, and GOOD CAUSE HAVING BEEN SHOWN, the Court hereby 7 GRANTS Apple’s Motion to Compel Production of Documents and Things as follows: 8 9 10 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 11 designs for all Galaxy phone and tablet products, regardless of where sold, whether for a final 12 design or an alternative design that was not used; 13 Physical models (including mockups, prototypes, and similar items, however named) for 14 all Galaxy phone and tablet products, regardless of where sold, whether for a final design or an 15 alternative design that was not used; and 16 Computer-aided design (“CAD”) documents created in connection with the design of all 17 Galaxy phone and tablet products, regardless of where sold, whether for a final design or an 18 alternative design that was not used. 19 20 IT IS FURTHER ORDERED that by no later than December 23, 2011, Samsung shall substantially complete its production to Apple of the following documents: 21 All documents that mention the term “Apple,” or any Apple product at issue in this case, 22 or any alias therefor, or any Korean equivalent thereof, in relevant central files or the files of all 23 relevant custodians, including designers and engineers who worked on the Samsung products at 24 issue or other Galaxy phone or tablet products, employees responsible for marketing those 25 products, and employees responsible for developing the infringing features. Relevant custodians 26 shall include customer survey, R&D management, product planning, product strategy, or software 27 or product verification groups. 28 PROPOSED ORDER ON APPLE INC.’S MOTION TO COMPEL CASE NO. 11-CV-01846-LHK sf-3079589 1 In performing these searches, Samsung is permitted, in good faith, to use search term 2 delimiters to exclude wholly irrelevant documents from this production. Such delimiters will be 3 disclosed to Apple if applied. 4 IT IS FURTHER ORDERED that by no later than December 23, 2011, Samsung shall 5 substantially complete its production to Apple of all survey documents that refer to Apple, 6 Apple’s products, or any alias therefore, from any relevant central file or from the files of any 7 custodian with survey responsibility, anywhere in the world. Within this production, no 8 relevance cut will be made. 9 10 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: 11 12 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. 13 2. Source code and necessary configuration files in any Samsung product at issue 14 relating to the “rubber-banding” functionality, which allows for an image, list, webpage or 15 document to be scrolled beyond its edge until it is partially displayed, then allows for that 16 document to scroll or bounce back into place. This includes any source code related to the 17 android.widget.OverScroller class included in Android API Level 9, as well as equivalent source 18 code or instructions in other versions of Android implemented onto the Samsung Products at 19 Issue. 20 21 22 23 24 25 3. Source code and necessary configuration files in any Samsung product at issue relating to pop-up windows, including the timed display thereof. 4. Source code and necessary configuration files in any Samsung product at issue relating to scrolling and scaling. 5. Source code and necessary configuration files in any Samsung product at issue relating to scroll lock. 26 27 28 PROPOSED ORDER ON APPLE INC.’S MOTION TO COMPEL CASE NO. 11-CV-01846-LHK sf-3079589 2 1 6. Source code and necessary configuration files for the following software: 2 TouchWiz, Browser, Camera, Contacts, Gallery, PDF Viewer, ThinkFree Mobile Office, Memo, 3 and Maps applications, at least to the extent that the source code for these applications calls or is 4 called by code included in Paragraphs 1 through 5 and 7 through 10. 5 7. Touch screen-related source code and documents, including: (i) source code and 6 necessary configuration files for the touch sensor controllers in any Samsung product at issue; 7 and (ii) documents sufficient to show and to understand design, specifications and manufacturing 8 tolerances for the touch screens, touch sensor controllers, and touch screen components in the 9 Samsung Products at Issue, including but not limited to specifications, schematics, flow charts, 10 formulas, or other documentation showing the design and operation of the touch screens, touch 11 sensor controllers, and touch screen components or of other accused features. 12 8. Source code and necessary configuration files in any Samsung product at issue 13 relating to the generation or display of windows (or views), including code called by application 14 programs to control windows (or views) or what they display. 15 9. Source code and necessary configuration files in any Samsung product at issue 16 relating to interprocess communication, including code for generating, registering for, listening 17 for, or otherwise processing messages or events. 18 10. Source code and necessary configuration files in any Samsung product at issue 19 relating to processing, at any level of the software stack, single- or multi-point touch screen 20 contacts, including code that detects, interprets (e.g., by interpreting as a gesture), or distinguishes 21 between tapping, dragging, flicking/flinging, pinching/depinching, rotation, or other touch screen 22 contacts. 23 IT IS FURTHER ORDERED that: 24 1. 25 26 Source code should be organized according to, among other things, Android version. 2. If any of the source code above includes or uses any libraries, database systems, or 27 similar files, Samsung shall produce those documents and information regarding their 28 configuration and use. PROPOSED ORDER ON APPLE INC.’S MOTION TO COMPEL CASE NO. 11-CV-01846-LHK sf-3079589 3 1 2 3. Samsung shall identify with specificity by Bates number if possible where in its productions each of the above categories of documents is found. 3 4 5 IT IS SO ORDERED. Dated: December 8, 2011 By: Honorable Paul S. Grewal, U.S.M.J. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROPOSED ORDER ON APPLE INC.’S MOTION TO COMPEL CASE NO. 11-CV-01846-LHK sf-3079589 4

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