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

Filing 603

EXHIBITS re 602 Administrative Motion to File Under Seal re Samsung's January 10, 2012 Filings Exhibit 1 - [Proposed] Public Redacted Version of Samsung's Motion to Compel filed bySamsung Electronics Co. Ltd.(a Korean corporation). (Attachments: # 1 Exhibit Hutnyan Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y, # 27 Exhibit Z, # 28 Exhibit AA, # 29 Exhibit BB, # 30 Exhibit CC, # 31 Proposed Order)(Related document(s) 602 ) (Maroulis, Victoria) (Filed on 1/11/2012)

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EXHIBIT C 1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Charles K. Verhoeven (Cal. Bar No. 170151) 2 charlesverhoeven@quinnemanuel.com 50 California Street, 22nd Floor 3 San Francisco, California 94111 Telephone: (415) 875-6600 4 Facsimile: (415) 875-6700 5 Kevin P.B. Johnson (Cal. Bar No. 177129) kevinjohnson@quinnemanuel.com 6 Victoria F. Maroulis (Cal. Bar No. 202603) victoriamaroulis@quinnemanuel.com 7 555 Twin Dolphin Drive 5th Floor Redwood Shores, California 94065 8 Telephone: (650) 801-5000 Facsimile: (650) 801-5100 9 Michael T. Zeller (Cal. Bar No. 196417) 10 michaelzeller@quinnemanuel.com 865 S. Figueroa St., 10th Floor 11 Los Angeles, California 90017 Telephone: (213) 443-3000 12 Facsimile: (213) 443-3100 13 Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS 14 AMERICA, INC. and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 18 APPLE INC., a California corporation, 19 20 CASE NO. 11-cv-01846-LHK Plaintiff, SAMSUNG’S FIRST SET OF REQUESTS FOR ADMISSION TO APPLE INC. vs. 21 SAMSUNG ELECTRONICS CO., LTD., a Korean business entity; SAMSUNG 22 ELECTRONICS AMERICA, INC., a New York corporation; SAMSUNG 23 TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company, 24 Defendants. 25 26 27 28 Case No. 11-cv-01846-LHK SAMSUNG’S FIRST SET OF REQUESTS FOR ADMISSION TO APPLE INC. 1 Pursuant to Rules 26 and 36 of the Federal Rules of Civil Procedure, Defendants and 2 Counterclaimants Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and 3 Samsung Telecommunications America, LLC (collectively “Samsung”) propound the following 4 requests for admission on Plaintiff and Counterclaim Defendant Apple Inc. (“Apple”). Apple 5 shall admit or deny the following statements, and serve those responses on Defendants’ counsel, 6 Quinn Emanuel Urquhart & Sullivan, LLP, 555 Twin Dolphin Drive, 5th Floor, Redwood Shores, 7 California 94065, within 30 days, or such other time as the parties agree or the Court orders. 8 These requests for admission are continuing in nature and Apple must timely supplement the 9 answers to them under Fed. R. Civ. P. 26(e) whenever an answer is in some material respect 10 incomplete or incorrect. 11 12 DEFINITIONS The requests for production, as well as the Instructions provided above, are subject to and 13 incorporate the following definitions and instructions as used herein: 14 1. The terms “APPLE,” “PLAINTIFF,” “YOU,” and “YOUR” shall refer to Apple, 15 Inc., any predecessor or successor of Apple, Inc., and any past or present parent, division, 16 subsidiary, affiliate, joint venture, associated organization, director, officer, agent, employee, 17 consultant, staff member, or other representative of Apple, Inc., including counsel and patent 18 agents, in any country. 19 2. The term “DEFENDANTS” and “SAMSUNG” means Samsung Electronics Co., 20 Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC. 21 3. The term “APPLE ACCUSED PRODUCTS” shall mean electronic devices that 22 allow for communications and data transfer over networks including establishing data 23 connections, execution of user operations and audio play back of digital data that are 24 manufactured, distributed, and/or sold by You or Your parent, subsidiary, or affiliate companies or 25 on Your behalf, or on behalf of Your parent, subsidiary, or affiliate companies anywhere in the 26 world, at any time between April 15, 2005 through the pendency of This Lawsuit, including each 27 and every Apple product that Samsung has identified as infringing in any of its complaints or 28 infringement contentions served in this action. The term shall include, without limitation, the Case No. 11-cv-01846-LHK -2SAMSUNG’S FIRST SET OF REQUESTS FOR ADMISSION TO APPLE INC. 1 following devices: the Apple iPhone, the Apple iPhone 3G, the Apple iPhone 3GS, the Apple 2 iPhone 4, the iPod Touch, the iPad, the iPad 3G, the iPad 2, the iPad 2 3G. 3 4. The term “Software” shall include source code, hardware code, machine code, 4 assembly code, or code written in any programming language, and code that can be compiled or 5 acted upon by a processor, any listings or printouts thereof, and any release notes describing the 6 features or modifications of such code. 7 5. The term “Executable Software” shall mean computer files containing encoded 8 instructions capable of being executed by a processing unit (e.g. central processing unit, micro9 controller), and any release notes describing the features or modifications of such files. The term 10 shall include, without limitation, firmware and executable binary files. 11 6. The term “Hardware” includes all constituent parts of a device including, but not 12 limited to, assemblies, subassemblies, modules, individual integrated circuits, chipset, chipsets, 13 software, hardware-based capabilities, and/or application specific integrated circuits. 14 7. The term “Baseband Processor” shall mean a processor in a mobile 15 telecommunications device that is mainly used to process communication functions. 16 8. The term “3GPP” shall mean the organization known as the 3rd Generation 17 Partnership Project which specifies, develops, and promulgates technical specifications for 18 wireless networks. 19 9. The term “person” or “persons” refers to any individual, corporation, 20 proprietorship, association, joint venture, company, partnership or other business or legal entity, 21 including governmental bodies and agencies. The masculine includes the feminine and vice versa; 22 the singular includes the plural and vice versa. 23 10. The terms “any,” “all,” “every,” and “each” shall each mean and include the other 24 as necessary to bring within the scope of these requests for production all responses that might 25 otherwise be construed to be outside of their scope. 26 11. The terms “and,” “or,” and “and/or” shall be construed either disjunctively or 27 conjunctively as necessary to bring within the scope of these requests for production all responses 28 that might otherwise be construed to be outside of its scope. Case No. 11-cv-01846-LHK -3SAMSUNG’S FIRST SET OF REQUESTS FOR ADMISSION TO APPLE INC. 1 12. The term “thing” refers to any physical specimen or tangible item in Your 2 possession, custody or control, including research and development samples, prototypes, 3 productions samples and the like. 4 13. The terms “referring to,” “relating to,” “concerning” or “regarding” shall mean 5 containing, describing, discussing, embodying, commenting upon, identifying, incorporating, 6 summarizing, constituting, comprising or are otherwise pertinent to the matter or any aspect 7 thereof. 8 14. The use of the singular form of any word includes the plural and vice versa, as 9 necessary to bring within the scope of these requests for production all responses that might 10 otherwise be construed to be outside of its scope. 11 15. The use of a verb in any tense shall be construed as the use of the verb in all other 12 tenses. 13 14 INSTRUCTIONS 1. If YOU cannot fully respond to the following Requests after exercising due 15 diligence to secure the information requested thereby, so state, and specify the portion of each 16 Request that cannot be responded to fully and completely. State what efforts were made to obtain 17 the requested information, DOCUMENTS or COMMUNICATIONS and the facts relied upon that 18 support the contention that the Request cannot be answered fully and completely; and state what 19 knowledge, information or belief YOU have concerning the portion of any such Requests not 20 responded to. 21 2. YOUR obligation to respond to these Requests is continuing and YOUR responses 22 are to be supplemented to include subsequently acquired DOCUMENTS, COMMUNICATIONS 23 or information in accordance with the requirements of Rule 26(e) of the Federal Rules of Civil 24 Procedure. 25 26 27 28 Case No. 11-cv-01846-LHK -4SAMSUNG’S FIRST SET OF REQUESTS FOR ADMISSION TO APPLE INC. 1 REQUESTS FOR ADMISSION 2 REQUEST FOR ADMISSION NO. 1: 3 Admit that the Baseband Processors in each APPLE ACCUSED PRODUCT use 16QAM 4 modulation. 5 REQUEST FOR ADMISSION NO. 2: 6 Admit that the Baseband Processors in the Apple iPhone use 16QAM modulation. 7 REQUEST FOR ADMISSION NO. 3: 8 Admit that the Baseband Processors in the Apple iPhone 3G use 16QAM modulation. 9 REQUEST FOR ADMISSION NO. 4: 10 Admit that the Baseband Processors in the Apple iPhone 3GS use 16QAM modulation. 11 REQUEST FOR ADMISSION NO. 5: 12 Admit that the Baseband Processors in the Apple iPhone 4 use 16QAM modulation. 13 REQUEST FOR ADMISSION NO. 6: 14 Admit that the Baseband Processors in the iPod Touch use 16QAM modulation. 15 REQUEST FOR ADMISSION NO. 7: 16 Admit that the Baseband Processors in the iPad use 16QAM modulation. 17 REQUEST FOR ADMISSION NO. 8: 18 Admit that the Baseband Processors in the iPad 3G use 16QAM modulation. 19 REQUEST FOR ADMISSION NO. 9: 20 Admit that the Baseband Processors in the iPad 2 use 16QAM modulation. 21 REQUEST FOR ADMISSION NO. 10: Admit that the Baseband Processors in the iPad 2 3G use 16QAM modulation. 22 23 REQUEST FOR ADMISSION NO. 11: Admit that the Apple iPhone 3G incorporates the following Baseband Processor: Infineon 24 25 PMB 8878 (X-GOLD 608). 26 REQUEST FOR ADMISSION NO. 12: 27 Admit that the Apple iPhone 3G is compliant with 3GPP Technical Specification 25.212 28 v.6.0.0. Case No. 11-cv-01846-LHK -5SAMSUNG’S FIRST SET OF REQUESTS FOR ADMISSION TO APPLE INC. 1 REQUEST FOR ADMISSION NO. 13: 2 Admit that the Baseband Processor used in Apple iPhone 3G is compliant with 3GPP 3 Technical Specification 25.212 v.6.0.0. 4 REQUEST FOR ADMISSION NO. 14: 5 Admit that the Apple iPhone 3G is compliant with 3GPP Technical Specification 25.212 6 v.5.0.0. 7 REQUEST FOR ADMISSION NO. 15: 8 Admit that the Baseband Processor used in Apple iPhone 3G is compliant with 3GPP 9 Technical Specification 25.212 v.5.0.0. 10 REQUEST FOR ADMISSION NO. 16: 11 Admit that the Apple iPhone 3GS incorporates the following Baseband Processor: 12 Infineon PMB 8878 (X-GOLD 608). 13 REQUEST FOR ADMISSION NO. 17: 14 Admit that the Apple iPhone 3GS is compliant with 3GPP Technical Specification 25.212 15 v.6.0.0. 16 REQUEST FOR ADMISSION NO. 18: 17 Admit that the Baseband Processor used in Apple iPhone 3GS is compliant with 3GPP 18 Technical Specification 25.212 v.6.0.0. 19 REQUEST FOR ADMISSION NO. 19: 20 Admit that the Apple iPhone 3GS is compliant with 3GPP Technical Specification 25.212 21 v.5.0.0. 22 REQUEST FOR ADMISSION NO. 20: 23 Admit that the Baseband Processor used in Apple iPhone 3GS is compliant with 3GPP 24 Technical Specification 25.212 v.5.0.0. 25 REQUEST FOR ADMISSION NO. 21: 26 Admit that the Apple iPad 3G incorporates the following Baseband Processor: Infineon 27 PMB 8878 (X-GOLD 608). 28 REQUEST FOR ADMISSION NO. 22: Case No. 11-cv-01846-LHK -6SAMSUNG’S FIRST SET OF REQUESTS FOR ADMISSION TO APPLE INC. 1 Admit that the Apple iPad 3G is compliant with 3GPP Technical Specification 25.212 2 v.6.0.0. 3 REQUEST FOR ADMISSION NO. 23: 4 Admit that the Baseband Processor used in Apple iPad 3G is compliant with 3GPP 5 Technical Specification 25.212 v.6.0.0. 6 REQUEST FOR ADMISSION NO. 24: 7 Admit that the Apple iPad 3G is compliant with 3GPP Technical Specification 25.212 8 v.5.0.0. 9 REQUEST FOR ADMISSION NO. 25: 10 Admit that the Baseband Processor used in Apple iPad 3G is compliant with 3GPP 11 Technical Specification 25.212 v.5.0.0. 12 REQUEST FOR ADMISSION NO. 26: 13 Admit that the Apple iPhone 4 incorporates the following Baseband Processor: Infineon 14 (X-GOLD 616) 15 REQUEST FOR ADMISSION NO. 27: 16 Admit that the Apple iPhone 4 is compliant with 3GPP Technical Specification 25.212 17 v.6.0.0. 18 REQUEST FOR ADMISSION NO. 28: 19 Admit that the Baseband Processor used in Apple iPhone 4 is compliant with 3GPP 20 Technical Specification 25.212 v.6.0.0. 21 REQUEST FOR ADMISSION NO. 29: 22 Admit that the Apple iPhone 4 is compliant with 3GPP Technical Specification 25.212 23 v.5.0.0. 24 REQUEST FOR ADMISSION NO. 30: 25 Admit that the Baseband Processor used in Apple iPhone 4 is compliant with 3GPP 26 Technical Specification 25.212 v.5.0.0. 27 REQUEST FOR ADMISSION NO. 31: 28 Case No. 11-cv-01846-LHK -7SAMSUNG’S FIRST SET OF REQUESTS FOR ADMISSION TO APPLE INC. 1 Admit that the Apple iPad 2 incorporates the following Baseband Processor: Infineon (X- 2 GOLD 616) 3 REQUEST FOR ADMISSION NO. 32: 4 Admit that the Apple iPad 2 is compliant with 3GPP Technical Specification 25.212 5 v.6.0.0. 6 REQUEST FOR ADMISSION NO. 33: 7 Admit that the Baseband Processor used in Apple iPad 2 is compliant with 3GPP 8 Technical Specification 25.212 v.6.0.0. 9 REQUEST FOR ADMISSION NO. 34: 10 Admit that the Apple iPad 2 is compliant with 3GPP Technical Specification 25.212 11 v.5.0.0. 12 REQUEST FOR ADMISSION NO. 35: 13 Admit that the Baseband Processor used in Apple iPad 2 is compliant with 3GPP 14 Technical Specification 25.212 v.5.0.0. 15 REQUEST FOR ADMISSION NO. 36: 16 Admit that Apple has tested the iPhone 3G in the United States for compliance with 3GPP 17 standards. 18 REQUEST FOR ADMISSION NO. 37: 19 Admit that Apple has tested the iPhone 3G in the United States for compliance with a 20 3GPP carrier’s network. 21 REQUEST FOR ADMISSION NO. 38: 22 Admit that a third party has tested the iPhone 3G in the United States for compliance with 23 3GPP standards. 24 REQUEST FOR ADMISSION NO. 39: 25 Admit that a third party has tested the iPhone 3G in the United States for compliance with 26 a 3GPP carrier’s network. 27 REQUEST FOR ADMISSION NO. 40: 28 Case No. 11-cv-01846-LHK -8SAMSUNG’S FIRST SET OF REQUESTS FOR ADMISSION TO APPLE INC. 1 Admit that Apple has tested the iPhone 3G S in the United States for compliance with 2 3GPP standards. 3 REQUEST FOR ADMISSION NO. 41: 4 Admit that Apple has tested the iPhone 3G S in the United States for compliance with a 5 3GPP carrier’s network. 6 REQUEST FOR ADMISSION NO. 42: 7 Admit that a third party has tested the iPhone 3G S in the United States for compliance 8 with 3GPP standards. 9 REQUEST FOR ADMISSION NO. 43: 10 Admit that a third party has tested the iPhone 3G S in the United States for compliance 11 with a 3GPP carrier’s network. 12 REQUEST FOR ADMISSION NO. 44: 13 Admit that Apple has tested the iPad 3G in the United States for compliance with 3GPP 14 standards. 15 REQUEST FOR ADMISSION NO. 45: 16 Admit that Apple has tested the iPad 3G in the United States for compliance with a 3GPP 17 carrier’s network. 18 REQUEST FOR ADMISSION NO. 46: 19 Admit that a third party has tested the iPad 3G in the United States for compliance with 20 3GPP standards. 21 REQUEST FOR ADMISSION NO. 47: 22 Admit that a third party has tested the iPad 3G in the United States for compliance with a 23 3GPP carrier’s network. 24 REQUEST FOR ADMISSION NO. 48: 25 Admit that Apple has tested the iPhone 4 in the United States for compliance with 3GPP 26 standards. 27 REQUEST FOR ADMISSION NO. 49: 28 Case No. 11-cv-01846-LHK -9SAMSUNG’S FIRST SET OF REQUESTS FOR ADMISSION TO APPLE INC. 1 Admit that Apple has tested the iPhone 4 in the United States for compliance with a 3GPP 2 carrier’s network. 3 REQUEST FOR ADMISSION NO. 50: 4 Admit that a third party has tested the iPhone 4 in the United States for compliance with 5 3GPP standards. 6 REQUEST FOR ADMISSION NO. 51: 7 Admit that a third party has tested the iPhone 4 in the United States for compliance with a 8 3GPP carrier’s network. 9 REQUEST FOR ADMISSION NO. 52: 10 Admit that Apple has tested the iPad 2 in the United States for compliance with 3GPP 11 standards. 12 REQUEST FOR ADMISSION NO. 53: 13 Admit that Apple has tested the iPad 2 in the United States for compliance with a 3GPP 14 carrier’s network. 15 REQUEST FOR ADMISSION NO. 54: 16 Admit that a third party has tested the iPad 2 in the United States for compliance with 17 3GPP standards. 18 REQUEST FOR ADMISSION NO. 55: 19 Admit that a third party has tested the iPad 2 in the United States for compliance with a 20 3GPP carrier’s network. 21 22 23 24 25 26 27 28 Case No. 11-cv-01846-LHK -10SAMSUNG’S FIRST SET OF REQUESTS FOR ADMISSION TO APPLE INC. 1 DATED: September 16, 2011 2 QUINN EMANUEL URQUHART & SULLIVAN, LLP 3 4 5 6 7 8 By /s/ Victoria F. Maroulis Charles K. Verhoeven Kevin P.B. Johnson Victoria F. Maroulis Michael T. Zeller Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 11-cv-01846-LHK -11SAMSUNG’S FIRST SET OF REQUESTS FOR ADMISSION TO APPLE INC. 1 2 CERTIFICATE OF SERVICE I hereby certify that on September 16, 2011, I caused SAMSUNG’S FIRST SET OF 3 REQUESTS FOR ADMISSION TO APPLE INC. to be electronically served on the following 4 via email: 5 ATTORNEYS FOR APPLE INC. 6 HAROLD J. MCELHINNY hmcelhinny@mofo.com 7 MICHAEL A. JACOBS mjacobs@mofo.com 8 JENNIFER LEE TAYLOR jtaylor@mofo.com 9 ALISON M. TUCHER atucher@mofo.com 10 RICHARD S.J. HUNG rhung@mofo.com 11 JASON R. BARTLETT jasonbartlett@mofo.com 12 MORRISON & FOERSTER LLP 425 Market Street 13 San Francisco, California 94105-2482 Telephone: (415) 268-7000 14 Facsimile: (415) 268-7522 15 WILLIAM F. LEE william.lee@wilmerhale.com 16 WILMER CUTLER PICKERING HALE AND DORR LLP 17 60 State Street Boston, Massachusetts 02109 18 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 19 MARK D. SELWYN 20 mark.selwyn@wilmerhale.com WILMER CUTLER PICKERING HALE 21 AND DORR LLP 950 Page Mill Road 22 Palo Alto, California 94304 Telephone: (650) 858-6000 23 Facsimile: (650) 858-6100 24 25 I declare under penalty of perjury that the foregoing is true and correct. Executed in San 26 Francisco, California on September 16, 2011. 27 /s/ Melissa N. Chan 28 Case No. 11-cv-01846-LHK -12SAMSUNG’S FIRST SET OF REQUESTS FOR ADMISSION TO APPLE INC.

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