Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
600
Administrative Motion to File Under Seal Apples Motion to Compel Discovery Relating to Its Affirmative Defenses and Counterclaims filed by Apple Inc.(a California corporation). (Attachments: *** #1 Motion to Compel, #2 Maselli Declaration PURSUANT TO ORDER #804 DOCUMENT REMOVED.*** , #3 Ex A, #4 Ex B, #5 Ex C, #6 Ex D, #7 Ex E, #8 Ex F, #9 Ex G, #10 Ex H, #11 Ex I, #12 Ex J, #13 Ex K, #14 Ex L, #15 Ex M, #16 Ex N, #17 Ex O, #18 Ex P, #19 Ex Q, #20 Ex R, #21 Ex S, #22 Ex T, #23 Ex U, #24 Ex V, #25 Ex W, #26 Ex X, #27 Ex Y, #28 Ex Z, #29 Ex AA, #30 Ex BB, #31 Ex CC, #32 Ex DD, #33 Ex EE*** PURSUANT TO ORDER #804 DOCUMENT REMOVED. *** #34 , Ex FF #(35) Ex GG, #36 Proposed Order)(Selwyn, Mark) (Filed on 1/10/2012) Modified on 1/11/2012 (ewn, COURT STAFF). Modified on 1/11/2012 (feriab, COURT STAFF). Modified on 1/11/2012 (ewn, COURT STAFF). (Attachment 1 replaced on 3/13/2012) (sp, COURT STAFF). (Attachment 2 replaced on 3/13/2012) (sp, COURT STAFF). (Attachment 33 replaced on 3/13/2012) (sp, COURT STAFF). Modified on 3/13/2012 (sp, COURT STAFF). Modified on 3/13/2012 (sp, COURT STAFF). Modified on 6/8/2012 (ofr, COURT STAFF).
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
1
2
3
APPLE INC., a California corporation,
4
Plaintiff,
5
6
7
8
9
vs.
SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity, SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
12
13
14
SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity, SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
15
16
17
18
[PROPOSED] ORDER GRANTING
APPLE’S MOTION TO COMPEL
DISCOVERY RELATING TO ITS
AFFIRMATIVE DEFENSES AND
COUNTERCLAIMS
Defendants.
10
11
Civil Action No. 11-CV-01846-LHK
Date: TBA
Time: TBA
Counterclaim-Plaintiffs,
v.
APPLE INC., a California corporation,
Counterclaim-Defendant.
19
20
21
22
23
24
25
26
27
28
1
[PROPOSED] ORDER
Case No. 11-cv-01846 (LHK)
OPPOS
FOR
1
2
3
4
5
6
7
Plaintiff Apple Inc. (“Apple”) has moved pursuant to Federal Rule of Civil Procedure 37
and Patent Local Rule 3-4(a) for an order compelling Defendants Samsung Electronics Co., Ltd,
Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC
(collectively, “Samsung”) to complete, by January 23, 2012, its production of certain identified
documents and things. Having considered the arguments of the parties and the papers submitted,
and GOOD CAUSE HAVING BEEN SHOWN, the Court hereby GRANTS Apple’s Motion to
Compel Discovery Relating to its Affirmative Defenses and Counterclaims as follows:
8
IT IS ORDERED that by no later than January 23, 2012, Samsung shall make a
9
complete production of the documents identified in subsections A – C below.
10
A.
All documents related to Samsung’s participation in ETSI and/or 3GPP.
B.
(1) All license agreements and documents reflecting license negotiations (whether
11
12
resulting in a contract or not) relating to patents that Samsung has declared
13
essential to the ETSI and/or 3GPP standards; and (2) all license agreements to
14
relevant technologies that cover only patents that have not been declared essential
15
to a standards body.
16
17
18
C.
All relevant documents from its inventor files, after those files have been
collected in a thorough and forensically-sound manner, and after searches of
19
electronic files are performed using the search terms set forth below, including
20
counterpart Korean-language terms (the native language of most of the named
21
inventors). Samsung shall apply the following search terms in English and
22
Korean:
23
1.
For all patents that Samsung alleges are essential to one or more standards,
24
Samsung shall search for: any standards that Samsung claims a patent is
25
essential to, such as, for example, “25.212” and “25.322.”
26
2.
For all patents except the ‘941, that Samsung alleges are essential to one
27
or more standards, Samsung shall search for: the terms “TSG RAN
28
Working Group1,” “TSGR1,” and “WG1.” For the ‘941, Samsung shall
2
[PROPOSED] ORDER
Case No. 11-cv-01846 (LHK)
OPPOS
FOR
1
search for: the terms “TSG RAN Working Group2,” “TSGR2,” and
2
3
“WG2.”
3.
4
For each patent, Samsung shall run the following searches: (1) the entire
patent number (with and without commas); (2) the three digit patent
5
shorthand number (ex: “001”) near5 “patent”; (3) the U.S. application
6
number; (4) all foreign application and patent numbers to which the U.S.
7
patent claims priority; (5) all patent numbers for the related patents
8
asserted in foreign litigation against Apple; and (6) shorthand for the
9
foreign priority applications and the foreign counterpart patents. For
10
example, for the ‘001 patent, in addition to searching for “1999-26221” or
11
“1999-27163,” Samsung should search for (“KR” near5 “26221”), (“KR
12
near5 27163”).
13
14
4.
phone,” “mobile device,” “portable terminal,” “background music,”
15
“standby music,” “standby mode music,” “music file,” and “MP3.”
16
17
5.
For the ‘460 patent, Samsung shall search for: “e-mail” “camera,”
“attach*,” “enclose*,” “mode,” “submode,” “sub-mode,” and (“mail”
18
near5 “photo*”).
19
20
For the ‘711 patent, Samsung shall search for: “cell* phone,” “mobile
6.
For the ‘893 patent, Samsung shall search for: (“camera *mode*” or
21
“photographing *mode*”) near/10 (“view* *mode*” or “display*
22
*mode*”) or (“last viewed photo” or “last-viewed photo” or “last photo
23
viewed” or “most recently viewed”).
24
7.
For the ‘516 patent, Samsung shall search for: “E-DCH,” “DCH,” “E-
25
DPDCH,” “DPDCH,” “E-DPCCH,” “transmit power,” “transport format,”
26
“TF, “E-TF,” “gain factor,” (“scal*” near5 “power factor”), and (“reduc*”
27
near5 “power factor”).
28
3
[PROPOSED] ORDER
Case No. 11-cv-01846 (LHK)
OPPOS
FOR
1
8.
2
near5 “match*”) or (“radio” near5 “frame” near5 “segment*”), “fill* bits,”
3
“padding bits,” “physical channel segment,” (“segment*” near25
4
(“interleav*” or “transport channel” or (“serial” near5 “data’))),
5
(“multiplex* near25 (“radio frame” or “data frame” or “transport channel”
6
7
For the ‘001 patent, Samsung shall search for: (“radio” near5 “frame”
or (“serial” near5 “data’))).
9.
For the ‘941 patent, Samsung shall search for: (“header” near5 (“PDU” or
8
“protocol data unit”) or (“RLC” or “radio link control” near5 “PDU” or
9
“protocol data unit”), “Voice over internet,” “Voice over IP,” “VoIP,”
10
“VOIP,” “segment*,” “concatenat*,” “padding,” “frame alignment,”
11
(“header” near5 “efficiency”), “ebit,” “e-bit,” “length indicat*,”
12
(“segment” near5 (“SDU” or “service data unit”), and ((“entir*” or
13
“complet*”) near5 (“SDU” or “service data unit”)).
14
15
10.
cod*,” “transport block,” “trbk,” “bit stream,” “bit error rate,” and
16
“superframe.”
17
18
11.
For the ‘410 patent, Samsung shall search for: “repetition,” “puncture*,”
“rate matching,” “demultiplexer.”
19
20
For the ‘604 patent, Samsung shall search for: “channel cod*,” “turbo
12.
For the ‘792 patent, Samsung shall search for: “interleaver*,” “QAM,”
21
“constellation,” “systematic bit,” “systematic cod*,” and “quadrature
22
amplitude modulation.”
23
13.
For the ‘867 patent, Samsung shall search for: “scrambling code,”
24
“orthogonal code,” “gold code*,” “gold sequence,” “m-sequence” and
25
“msequence.”
26
27
28
4
[PROPOSED] ORDER
Case No. 11-cv-01846 (LHK)
OPPOS
FOR
1
IT IS SO ORDERED.
2
3
Dated:
By:
4
Honorable Paul S. Grewal, U.S.M.J.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
[PROPOSED] ORDER
Case No. 11-cv-01846 (LHK)
OPPOS
FOR
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?