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

Filing 605

EXHIBITS re 602 Administrative Motion to File Under Seal re Samsung's January 10, 2012 Filings Exhibit 3 - [Proposed] Public Redacted Version of Samsung's Motion to Enforce Orders filed bySamsung Electronics Co. Ltd.. (Attachments: # 1 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 Proposed Order)(Related document(s) 602 ) (Maroulis, Victoria) (Filed on 1/11/2012)

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EXHIBIT B 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 th 7 555 Twin Dolphin Drive 5 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, 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 SAMSUNG’S REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS RELATING TO APPLE INC.’S MOTION FOR A PRELIMINARY INJUNCTION 26 27 28 02198.51855/4236831.1 Case No. 11-cv-01846-LHK 1 Pursuant to Rules 26 and 34 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”) request that Defendant 4 Apple Inc. (“Apple”) produce for inspection and copying the documents and things set forth below 5 at the offices of Quinn Emanuel Urquhart & Sullivan, LLP, 50 California Street, 22nd Floor, San 6 Francisco, California 94111 within 30 days, or such other time as the parties agree or the Court 7 orders. 8 9 DEFINITIONS 1. The terms “APPLE,” “PLAINTIFF,” “YOU,” and “YOUR” shall refer to Apple, 10 Inc., any predecessor or successor of Apple, Inc., and any past or present parent, division, 11 subsidiary, affiliate, joint venture, associated organization, director, officer, agent, employee, 12 consultant, staff member, or other representative of Apple, Inc., including counsel and patent 13 agents, in any country. 14 2. The term “DEFENDANTS” means Samsung Electronics Co., Ltd., Samsung 15 Electronics America, Inc., and Samsung Telecommunications America, LLC. 16 3. The terms “DOCUMENT” and “DOCUMENTS” shall have the broadest meaning 17 ascribed to it by Federal Rule of Civil Procedure 34 and Federal Rule of Evidence 1001. This 18 includes copies which differ from the original in any way, including handwritten notations or other 19 written or printed matter. It also includes information stored electronically, whether in a 20 computer database or otherwise, regardless of whether such documents are presently also in non21 electronic form. 22 4. The term “RELATING” shall mean regarding, referring to, concerning, 23 mentioning, reflecting, pertaining to, evidencing, identifying, involving, describing, discussing, 24 commenting on, embodying, responding to, supporting, contradicting, containing, or constituting 25 (in whole or in part). 26 5. The term “DESIGN PATENTS” shall mean U.S. Design Patent Nos. D618,677, 27 D593,087 and D504,889 and all parents, progeny, continuations, applications, divisional 28 02198.51855/4236831.1 Case No. 11-cv-01846-LHK -1SAMSUNG’S REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS RELATING TO APPLE’S MOTION FOR A PRELIMINARY INJUNCTION 1 applications, reexaminations, or reissues thereof and all foreign counterpart applications and 2 patents which claim the same subject matter. 3 6. The term “’381 PATENT” shall mean U.S. Patent No. 7,469,381 and all parents, 4 progeny, continuations, applications, divisional applications, reexaminations, or reissues thereof 5 and all foreign counterpart applications and patents which claim the same subject matter. 6 7. “PRIOR ART” shall mean any reference, publication, patent, physical specimen, 7 use, invention by another, sale, offer for sale, or other activities that are relevant to the validity of 8 the DESIGN PATENTS or the ‘381 PATENT including anything that is relevant to the 9 patentability of any patent claim under 35 U.S.C. §§ 102 and 103. Prior Art is not limited to 10 references or other activities cited to the United States Patent and Trademark Office during 11 prosecution of any patent. 12 8. “This Lawsuit” shall mean the action entitled Apple, Inc. v. Samsung Electronics 13 Co., Ltd., Case No. 11-cv-01846-LHK. 14 9. The connectives “and,” “or,” and “and/or” shall be construed either disjunctively or 15 conjunctively, as necessary to bring within the scope of these requests for production all responses 16 that might otherwise be construed to be outside of their scope. 17 10. The word “each” includes the word “every,” and the word “every” includes the 18 word “each,” as necessary to bring within the scope of these requests for production all responses 19 that might otherwise be construed to be outside of their scope. 20 11. The word “any” includes the word “all,” and the word “all” includes the word 21 “any,” as necessary to bring within the scope of these requests for production all responses that 22 might otherwise be construed to be outside of their scope. 23 12. The word “all” includes the word “each,” and the word “each” includes the word 24 “all,” as necessary to bring within the scope of these requests for production all responses that 25 might otherwise be construed to be outside of their scope. 26 13. The use of the singular form of any word includes the plural and vice-versa, as 27 necessary to bring within the scope of these requests for production all responses that might 28 otherwise be construed to be outside of their scope. -2- 02198.51855/4236831.1 Case No. 11-cv-01846-LHK SAMSUNG’S REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS RELATING TO APPLE’S MOTION FOR A PRELIMINARY INJUNCTION 1 INSTRUCTIONS 2 1. Each DOCUMENT is to be produced along with all non-identical drafts thereof in 3 their entirety, without abbreviation or redaction. 4 2. All DOCUMENTS shall be produced in the order that they are kept in the usual 5 course of business, and shall be produced in their original folders, binders, covers or containers, or 6 photocopies thereof. 7 3. In the event that any DOCUMENT called for by these requests or subsequent 8 requests is to be withheld on the basis of a claim of privilege or immunity from discovery, that 9 DOCUMENT is to be identified by stating (i) the author(s), addressee(s) and any indicated or 10 blind copyee(s); (ii) the DOCUMENT’s date, number of pages and attachments or appendices; 11 (iii) the subject matter(s) of the DOCUMENT; (iv) the nature of the privilege or immunity 12 asserted; and (v) any additional facts on which you would base your claim of privilege or 13 immunity.1 14 4. These Requests for Production shall be deemed continuing so as to require further 15 and supplemental production in accordance with the Federal Rules of Civil Procedure. 16 REQUESTS FOR PRODUCTION 17 REQUEST FOR PRODUCTION NO. 1: 18 DOCUMENTS RELATING to the conception and reduction to practice of the DESIGN 19 PATENTS and the ‘381 PATENT. 20 REQUEST FOR PRODUCTION NO. 2: DOCUMENTS sufficient to identify the individuals, including but not limited to named 21 22 inventors, who contributed to the conception of the designs or alleged inventions of the DESIGN 23 PATENTS or the ‘381 PATENT. 24 25 26 1 Provided the parties reach an agreement that neither party needs to log documents and 27 information generated after the start of this Lawsuit on April 15, 2011, this Instruction applies only to privileged information and documents generated before the start of litigation. 28 02198.51855/4236831.1 Case No. 11-cv-01846-LHK -3SAMSUNG’S REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS RELATING TO APPLE’S MOTION FOR A PRELIMINARY INJUNCTION 1 REQUEST FOR PRODUCTION NO. 3: 2 Samples of all products that Apple contends infringe the DESIGN PATENTS and the ‘381 3 PATENT. 4 REQUEST FOR PRODUCTION NO. 4: 5 Communications between YOU and any other person, including, but not limited to, the 6 inventors of the DESIGN PATENTS and of the ‘381 PATENT, concerning the DESIGN 7 PATENTS or the ‘381 PATENT, any products accused of infringing the DESIGN PATENTS or 8 the ‘381 PATENT, or This Lawsuit. 9 REQUEST FOR PRODUCTION NO. 5: 10 DOCUMENTS RELATING to the functionality—including the ease of manufacturing, 11 cost savings, or any other benefit—of any claimed feature, element or combination of elements in 12 any of the DESIGN PATENTS, including without limitation: 13 (a) a flat front screen, 14 (b) a clear front screen, 15 (c) a black-colored front surface, 16 (d) rectangular shape, 17 (e) four corners, 18 (f) rounded corners, 19 (g) symmetry, 20 (h) a rectangular screen, 21 (i) an inset screen, 22 (j) substantial borders on two sides of a screen, 23 (k) narrow borders on two sides of a screen, 24 (l) a horizontal speaker slot, 25 (m) a speaker slot on the front, 26 (n) a centered speaker, 27 (o) a speaker above a display screen, 28 (p) a speaker near the top of a phone handset, -4- 02198.51855/4236831.1 Case No. 11-cv-01846-LHK SAMSUNG’S REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS RELATING TO APPLE’S MOTION FOR A PRELIMINARY INJUNCTION 1 (q) a bezel around the edge of product, 2 (r) a circular button on the front, or 3 (s) a button located at the center bottom. 4 REQUEST FOR PRODUCTION NO. 6: 5 DOCUMENTS RELATING to the scope, construction, meaning or interpretation of the 6 DESIGN PATENTS or the ‘381 PATENT. 7 REQUEST FOR PRODUCTION NO. 7: 8 DOCUMENTS RELATING to any re-examination proceedings before the United States 9 Patent and Trademark Office RELATING to the ‘381 PATENT. 10 REQUEST FOR PRODUCTION NO. 8: 11 DOCUMENTS discussing, reflecting, supporting, undermining, or otherwise RELATING 12 to the scope, infringement, validity, and enforceability of any claim of the DESIGN PATENTS or 13 the ‘381 PATENT. 14 REQUEST FOR PRODUCTION NO. 9: 15 Transcripts of testimony given at a deposition, hearing, trial, or other proceeding by the 16 named inventors of the DESIGN PATENTS or the ‘381 PATENT RELATING to the DESIGN 17 PATENTS or the ‘381 PATENT, including any testimony provided by Bas Ording RELATING to 18 the ‘381 PATENT. 19 REQUEST FOR PRODUCTION NO. 10: 20 PRIOR ART relating to the DESIGN PATENTS or the ‘381 PATENT. 21 REQUEST FOR PRODUCTION NO. 11: 22 Samples of all products that embody the claims of any of the DESIGN PATENTS or the 23 ‘381 PATENT and publications, product literature or publications relating to such products. 24 REQUEST FOR PRODUCTION NO. 12: 25 DOCUMENTS sufficient to identify every foreign counterpart patent application to the 26 DESIGN PATENTS and the ‘381 PATENT. 27 REQUEST FOR PRODUCTION NO. 13: 28 02198.51855/4236831.1 Case No. 11-cv-01846-LHK -5SAMSUNG’S REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS RELATING TO APPLE’S MOTION FOR A PRELIMINARY INJUNCTION 1 The prosecution history for every foreign counterpart patent application to the DESIGN 2 PATENTS and the ‘381 PATENT, including any English translations. 3 REQUEST FOR PRODUCTION NO. 14: 4 Each item of PRIOR ART cited in the prosecution history for every foreign counterpart 5 patent application to the DESIGN PATENTS and the ‘381 PATENT, including any English 6 translations. 7 REQUEST FOR PRODUCTION NO. 15: 8 All DOCUMENTS relied on by Cooper Woodring in his declaration submitted in support 9 of YOUR Motion for Preliminary Injunction dated July 1, 2011. 10 REQUEST FOR PRODUCTION NO. 16: 11 All prior expert reports and declarations submitted by Cooper Woodring in other litigations 12 involving design patent infringement, industrial design, or electronic consumer goods. 13 REQUEST FOR PRODUCTION NO. 17: 14 All trial and deposition transcripts from other litigations in which Cooper Woodring 15 testified as an expert. 16 REQUEST FOR PRODUCTION NO. 18: 17 All DOCUMENTS relied on by Ravin Balakrishnan in his declaration submitted in support 18 of YOUR Motion for Preliminary Injunction dated July 1, 2011. 19 REQUEST FOR PRODUCTION NO. 19: 20 All prior expert reports and declarations submitted by Ravin Balakrishnan in other 21 litigations involving utility patents. 22 REQUEST FOR PRODUCTION NO. 20: 23 All trial and deposition transcripts from other litigations in which Ravin Balakrishnan 24 testified as an expert. 25 REQUEST FOR PRODUCTION NO. 21: 26 DOCUMENTS from any prior or current litigation or dispute relating to infringement, 27 validity, enforceability, or ownership of the DESIGN PATENTS, including Apple Inc. v. Brilliant 28 Store, Inc., Case No. 10-cv-2996-SBA. 02198.51855/4236831.1 Case No. 11-cv-01846-LHK -6SAMSUNG’S REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS RELATING TO APPLE’S MOTION FOR A PRELIMINARY INJUNCTION 1 REQUEST FOR PRODUCTION NO. 22: 2 DOCUMENTS from any prior or current litigation or dispute relating to infringement, 3 validity, enforceability, or ownership of the ‘381 PATENT, including Nokia Corp. v. Apple Inc., 4 Case No. 1:09-cv-00791 (D. Del.), and Apple Inc. v. High Tech Computer Corp. (HTC), Case No. 5 1:10-cv-00167 (D. Del.) 6 REQUEST FOR PRODUCTION NO. 23: 7 DOCUMENTS RELATING to all licenses and potential licenses for the DESIGN 8 PATENTS or the ‘381 PATENT, including all correspondence and DOCUMENTS RELATING 9 to licensing offers or negotiations. 10 REQUEST FOR PRODUCTION NO. 24: 11 DOCUMENTS RELATING to competition between each version of the iPhone and any 12 product YOU accuse of infringing the DESIGN PATENTS or the ‘381 PATENT. 13 REQUEST FOR PRODUCTION NO. 25: 14 DOCUMENTS RELATING to competition between each version of the iPad and any 15 product YOU accuse of infringing the DESIGN PATENTS or the ‘381 PATENT. 16 REQUEST FOR PRODUCTION NO. 26: 17 DOCUMENTS sufficient to identify the respective markets of each version of the iPhone 18 and the iPad. 19 REQUEST FOR PRODUCTION NO. 27: 20 DOCUMENTS sufficient to identify the respective market shares of each version of the 21 iPhone and the iPad. 22 REQUEST FOR PRODUCTION NO. 28: 23 DOCUMENTS sufficient to identify the respective market share of each product that 24 competes with the iPhone or the iPad. 25 REQUEST FOR PRODUCTION NO. 29: 26 DOCUMENTS sufficient to identify all projections YOU have reviewed or considered as 27 to what the respective market share of the iPhone and iPad, and each product that competes with 28 the iPhone or the iPad, are likely to be at any future point. -7- 02198.51855/4236831.1 Case No. 11-cv-01846-LHK SAMSUNG’S REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS RELATING TO APPLE’S MOTION FOR A PRELIMINARY INJUNCTION 1 DATED: July 6, 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 02198.51855/4236831.1 Case No. 11-cv-01846-LHK -8SAMSUNG’S REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS RELATING TO APPLE’S MOTION FOR A PRELIMINARY INJUNCTION 1 2 CERTIFICATE OF SERVICE I hereby certify that on July 6, 2011, I caused SAMSUNG’S REQUESTS FOR 3 PRODUCTION OF DOCUMENTS AND THINGS RELATING TO APPLE INC.’S 4 MOTION FOR A PRELIMINARY INJUNCTION to be electronically served on the following 5 via email: 6 ATTORNEYS FOR APPLE INC. 7 HAROLD J. MCELHINNY hmcelhinny@mofo.com 8 MICHAEL A. JACOBS mjacobs@mofo.com 9 JENNIFER LEE TAYLOR jtaylor@mofo.com 10 ALISON M. TUCHER atucher@mofo.com 11 RICHARD S.J. HUNG rhung@mofo.com 12 JASON R. BARTLETT jasonbartlett@mofo.com 13 MORRISON & FOERSTER LLP 425 Market Street 14 San Francisco, California 94105-2482 Telephone: (415) 268-7000 15 Facsimile: (415) 268-7522 16 17 I declare under penalty of perjury that the foregoing is true and correct. Executed in San 18 Francisco, California on July 6, 2011. 19 20 /s/ Erik Olson Erik Olson 21 22 23 24 25 26 27 28 02198.51855/4236831.1 Case No. 11-cv-01846-LHK -9SAMSUNG’S REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS RELATING TO APPLE’S MOTION FOR A PRELIMINARY INJUNCTION

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