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 FILED IN ERROR. DOCUMENT LOCKED. REFER TO DOCUMENT 611 .*** , # 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*** FILED IN ERROR. DOCUMENT LOCKED. PLEASE REFER TO DOCUMENT 611 . *** # 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).

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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

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