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

Filing 815

Administrative Motion to File Under Seal Apple Inc.'s Notice of Motion and Motion to Compel filed by Apple Inc.(a California corporation). (Attachments: #1 Apple Inc.'s Notice of Motion and Motion to Compel, #2 Declaration of S. Calvin Walden in Support of Apple Inc.'s Notice of Motion and Motion to Compel, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 [Proposed] Order Granting Apple's Motion to Compel)(Selwyn, Mark) (Filed on 3/15/2012)

EXHIBIT 2

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

WILLIAM F. LEE (pro hac vice)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, Massachusetts 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff and
Counterclaim-Defendant Apple Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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APPLE INC., a California corporation,
Plaintiff,

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Civil Action No. 11-CV-01846-LHK

vs.

JURY TRIAL DEMANDED

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,

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Defendants.
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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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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, a
California corporation,

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Counterclaim-Plaintiffs,

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v.
APPLE INC., a California corporation,

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Counterclaim-Defendant.

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PLAINTIFF AND COUNTERCLAIM-DEFENDANT APPLE INC.’S FOURTH SET OF
REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS (NOS. 156-187)
Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, Plaintiff and
Counterclaim-Defendant Apple Inc. (“Apple”) hereby requests that Defendants Samsung

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Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications

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America, LLC (collectively, “Samsung”) produce documents and things responsive to the

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following requests (the “Requests”) at the office of Wilmer Cutler Pickering Hale and Dorr LLP,

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950 Page Mill Road, Palo Alto, California, 94304 within thirty (30) days of service of these

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requests.

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DEFINITIONS

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The words and phrases used in these Requests shall have the meanings ascribed to them

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under the Federal Rules of Civil Procedure and the Local Rules of the United States District

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Court for the Northern District of California. In addition, the following terms shall have the

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meanings set forth below whenever used in any Request:

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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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1.

“Samsung,” “You,” “Your,” and/or Defendants mean Samsung Electronics Co.,

Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC and
all predecessors, successors, predecessors-in-interest, successors-in-interest, subsidiaries,

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divisions, parents, and/or affiliates, past or present, any companies that have a controlling
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interest in Defendants, and any current or former employee, officer, director, principal, agent,
consultant, representative, or attorney thereof, or anyone acting on their behalf.
2.

“Apple” means Apple Inc. and its subsidiary entities, divisions, predecessors,

successors, present and former officers, directors, employees, representatives, agents, and anyone
acting on its behalf.

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3.

“Qualcomm” means Qualcomm Inc. and its subsidiary entities, divisions,

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predecessors, successors, present and former officers, directors, employees, representatives,

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agents, and anyone acting on its behalf.

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4.

“Intel” means Intel Corp. and its subsidiary entities, divisions, predecessors,

successors, present and former officers, directors, employees, representatives, agents, and anyone
acting on its behalf.

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5.

“Samsung Patents-In-Suit” shall mean United States Patent Nos. 6,928,604,

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7,050,410, 7,069,055, 7,079,871, 7,200,792, 7,362,867, 7,386,001, 7,447,516, 7,456,893,

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7,577,460, 7,675,941, and 7,698,711, individually and collectively, and all foreign counterparts

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thereof.

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6.

“The ’604 Patent” shall mean U.S. Patent No. 6,928,604, issued on August 9,

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2005 and entitled “Turbo Encoding/Decoding Device and Method for Processing Frame Data
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According to QOS.”

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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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7.

“The ’410 Patent” shall mean U.S. Patent No. 7,050,410, issued on May 23, 2006

and entitled “Apparatus and Method for Controlling a Demultiplexer and a Multiplexer Used for
Rate Matching in a Mobile Communication System.”

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8.

“The ’055 Patent” shall mean U.S. Patent No. 7,069,055, issued June 27, 2006

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and entitled “Mobile Telephone Capable of Displaying World Time and Method for Controlling
the Same.”
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“The ’871 Patent” shall mean U.S. Patent No. 7,079,871, issued on July 18, 2006

and entitled “Portable Telephone and Method of Displaying Data Thereof.”
10.

“The ’792 Patent” shall mean U.S. Patent No. 7,200,792, issued on April 3, 2007

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and entitled “Interleaving Apparatus and Method for Symbol Mapping in an HSDPA Mobile
Communication System.”
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“The ’867 Patent” shall mean U.S. Patent No. 7,362,867, issued on April 22, 2008

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and entitled “Apparatus and Method for Generating Scrambling Code in UMTS Mobile

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Communication System.”

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12.

“The ’001 Patent” shall mean U.S. Patent No. 7,386,001, issued on June 10, 2008

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and entitled “Apparatus and Method for Channel Coding and Multiplexing in CDMA
Communication System.”
13.

“The ’516 Patent” shall mean U.S. Patent No. 7,447,516, issued on November 4,

2008 and entitled “Method and Apparatus for Data Transmission in a Mobile
Telecommunication System Supporting Enhanced Uplink Service.”

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14.

“The ’893 Patent” shall mean U.S. Patent No. 7,456,893, issued on November 25,

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2008 and entitled “Method of Controlling Digital Image Processing Apparatus for Efficient
Reproduction and Digital Image Processing Apparatus Using the Method.”

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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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15.

“The ’460 Patent” shall mean U.S. Patent No. 7,577,460, issued on August 18,

2009 and entitled “Portable Composite Communication Terminal for Transmitting/Receiving
and Images, and Operation Method and Communication System Thereof.”

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16.

“The ’941 Patent” shall mean U.S. Patent No. 7,675,941, issued on April 13, 2010

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and entitled “Method and Apparatus for Transmitting/Receiving Packet Data Using Pre-Defined
Length Indicator in a Mobile Communication System.”
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“The ’711 Patent” shall mean U.S. Patent No. 7,698,711, issued on March 9, 2010

and entitled “Multi-Tasking Apparatus and Method in Portable Terminal.”
18.

“Samsung Named Inventors” shall mean the persons named as inventors on any

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of the Samsung Patents-in-Suit: Youn-Hyoung Heo; Ju-Ho Lee; Joon-Young Cho; Young-Bum

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Kim; Yong-Jun Kwak; Soeng-Hun Kim; Gert-Jan Van Lieshout; Himke Van Der Velde; Jae-

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Yoel Kim; Hee-Won Kang;Hun-Kee Kim; Gin-Kyn Choi; Jae-Seung Yoon; Noh-Sun Kim; Jun-

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Sung Lee; Yong-Suk Moon; Hye-Young Lee; Se-Hyoung Kim; Min-Goo Kim; Beong-Jo Kim;

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Soon-Jae Choi; Chang-Soo Park; Joong-Ho Jeong; Hyeon-Woo Lee; Beong-Jo Kim; Se-Hyong

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Kim; Min-Goo Kim; Soon-Jae Choi; Young-Hwan Lee; Pyung-soo Kim; Hyuk-soo Son; Sung-

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ho Eun; Jae-Min Kim; Jeong-Seok Oh; Sang-Ryul Park; and Moon-Sang Jeong.
19.

“Product” means a machine, manufacture, apparatus, device, instrument,

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mechanism, appliance, or an assemblage of components/parts (either individually or collectively)

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that are designed to function together electronically, mechanically, chemically, or otherwise,

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including any offered for sale or under development.

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20.

“Software” shall mean and include all forms of code including, but not limited to,

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source code, object code, firmware, compiled code, byte code, interpreted code, any form of
code stored in any storage medium (for example, ROM or Flash RAM chips) on any product, or

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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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code transmitted to products. Software further includes files written in any programming

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language, including, but not limited to, “C”, “C++”, assembler, VHDL, Verilog, digital signal

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processor (“DSP”) programming language, “make” files, “include” files, script files, link files,

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and other human-readable text files used in the generation and/or building of software directly
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executed on a microprocessor, microcontroller, and/or DSP.
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“Mobile Wireless Telecommunications Device(s)” shall mean any device capable

of transmitting and receiving cellular telephonic communications.
22.

“Accused Apple Product” shall mean any Product made or marketed by or on

behalf of Apple that, when made, used, offered for sale, sold, imported, or otherwise practiced in

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the United States (either by itself or in combination with other devices, methods) by or on behalf

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of Apple or any user, allegedly constitutes, practices, incorporates, or embodies a device, or

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method claimed in one or more of the Samsung Patents-in-Suit. This definition includes without

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limitation any Apple Product that is accused of directly or indirectly infringing one or more of

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the Samsung Patents-in-Suit, including the iPhone, iPhone 3G, iPhone 3GS and iPhone 4.

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“Samsung Covered Product” shall mean any Product sold or offered for sale at

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any time by Samsung that Samsung contends practices any of the Samsung Patents-In-Suit.

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“3GPP” shall mean Third Generation Partnership Project.

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25.

“ARIB” shall mean Association of Radio Industries and Businesses.

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26.

“ETSI” shall mean the European Telecommunications Standards Institute.

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“Standards Setting Organization” or “SSO” shall mean an organization that

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adopts standards governing an industry or technological field, and includes without limitation
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3GPP, ARIB, and ETSI.
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“IPR” shall mean intellectual property rights, and includes patent rights.

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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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29.

“Defined Wireless Standards” includes all standards to which Samsung claims or

has claimed that its patents are essential, including but not limited to the UMTS standard and any
standard that is backwards compatible thereto, including but not limited to Global System for

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Mobile communications (“GSM”), Enhanced Data Rates for GSM Evolution (“EDGE”), and
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GSM Packet Radio Services (“GPRS”).
30.

“Essential” shall mean necessary for implementation of any mobile wireless

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standard, such that the standard, or some part of the standard, could not be practiced without

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infringing the patent or technology to which “essential” refers.

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31.

“Samsung’s Alleged Essential Technology” shall mean Samsung technology,

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IPR, patents, patent applications, or patent rights that Samsung has: (1) identified or declared to

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an SSO as actually or potentially essential to implement a Defined Wireless Standard; (2)

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identified or asserted to any actual or prospective licensee as actually or potentially essential to

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implement a Defined Wireless Standard; or (3) otherwise identified, in internal or external

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discussions, as actually or potentially essential to implement a Defined Wireless Standard.

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32.

“FRAND” in relation to licensing or license terms means “fair, reasonable, and

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non-discriminatory terms and conditions” as those terms are used in the ETSI Intellectual Rights
Policy contained in Annex 6 of the ETSI Rules of Procedure.
33.

“Litigation” means the above-referenced action, 11-cv-01846 (LHK) in the

United States District Court for the Northern District of California.
34.

“Answer” shall mean Samsung’s Answer and Counterclaims to Apple’s Amended

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Complaint, filed June 30, 2011, in the above-referenced action.
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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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35.

“Counterclaims” shall mean the Counterclaims set forth in Apple’s Answer,

Defenses and Counterclaims in Reply to Samsung’s Counterclaims, filed July 21, 2011, in the
above-referenced action.

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36.

“Person(s)” means natural persons as well as business entities and associations of

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all sorts, including partnerships, companies, proprietorships, joint ventures, corporations,
government agencies, and unincorporated associations.
37.

“Document(s)” has the broadest possible meaning permitted by Federal Rules of

Civil Procedure Rules 26 and 34 and the relevant case law, and the broadest meaning consistent
with the terms “writings” or “recordings” as set forth in Rule 1001 of the Federal Rules of

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Evidence, and specifically and without limitation include tangible things and electronically

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stored information, including e-mail and information stored on computer disk or other electronic,

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magnetic, or optical data storage medium. “Document(s)” also includes all drafts or non-final

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versions, alterations, modifications, and amendments to any of the foregoing.

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“Communication(s)” means the transmittal of information in the form of facts,

ideas, inquiries, and any exchange or transfer of information whether written, oral, electronic, or

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in any form.
39.

“Tangible Thing(s)” has the broadest possible meaning permitted by Federal

Rules of Civil Procedure 26 and 34 and the relevant case law.
40.

“Entity” or “Entities” means, including without limitation, corporation, company,

firm, partnership, joint venture, association, governmental body or agency, or persons other than

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a natural person.
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41.

“Third Party” or “Third Parties” means all persons who are not parties to this

Litigation, as well as their officers, directors, employees, agents and attorneys.

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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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42.

“Relating” means regarding, referring to, concerning, mentioning, reflecting,

pertaining to, analyzing, evidencing, stating, involving, identifying, describing, discussing,
documenting, commenting on, dealing with, embodying, responding to, supporting,

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contradicting, comprising, containing, or constituting (in whole or in part), as the context makes
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appropriate.
43.

“Transport channel processing technology” means information describing or

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relating to handling, conveying, formatting, combining, manipulating and/or transmitting one or

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more data paths, where each data path may have unique characteristics with respect to the other

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data paths, including, for example, Transmission Time Interval (TTI) and content (e.g., voice,

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video, high speed data, etc.).
44.

“Data packet construction” means assembly of a protocol data unit (PDU)

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including a header and a data field, wherein the data field includes padding and/or a complete,

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segmented, and/or concatenated service data unit (SDU) from another layer of a communication

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system.

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45.

“Uplink transmission power control” means controlling uplink transmission

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power for transmitting data to prevent the total transmit power from exceeding the maximum

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allowed power.

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46.

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The use of a verb in any tense shall be construed as the use of the verb in all other

tenses.
47.

The use of the singular form of any word includes the plural and vice versa.

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The singular is to be construed as including the plural and vice versa. “And” as

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well as “or” are to be construed either disjunctively or conjunctively to acquire the broadest
meaning possible, so as to bring within the scope of the Request all information that might

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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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otherwise be construed to be outside its scope. The term “all” is to be construed to mean “any”

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and “each” and vice versa.

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49.

“Including” shall be construed to mean “including, without limitation” or

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“including, but not limited to.”
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INSTRUCTIONS

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1.

Each document is to be produced along with all non-identical drafts thereof in

their entirety, without abbreviation or redaction, and as maintained in the ordinary course of
business.

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2.

If Samsung withholds any documents on a claim of privilege, provide a statement

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of the claim of privilege and all facts relied upon in support of that claim as required by Rule

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26(b)(5) of the Federal Rules of Civil Procedure.

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3.

Documents responsive to each Request must be produced in full and subject to

any Request being narrowed by the parties’ meeting and conferring regarding your
corresponding requests to Plaintiff, if applicable.

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REQUESTS FOR PRODUCTION

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REQUEST NO. 156
All documents and communications with an expert witness who is expected to testify in
this Litigation that (i) relate to compensation for the expert’s work or testimony; (ii) identify

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facts or data that Samsung’s attorneys provided and that the expert considered in forming any
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opinions to be expressed; and (iii) identify assumptions that Samsung’s attorneys provided and
the expert relied on in forming any opinions to be expressed.

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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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REQUEST NO. 157
All documents and things relating to the alleged nexus between any alleged commercial
success of products embodying any alleged invention claimed by the Samsung Patents-In-Suit

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and the alleged advantages of the invention, including without limitation any customer surveys
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reflecting the bases for purchasing decisions.
REQUEST NO. 158
All documents relating to the Georgia Pacific factors as those factors relate to Samsung’s
claim for damages arising from Apple’s alleged infringement of the Samsung Patents-In-Suit.
REQUEST NO. 159

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All documents and things relating to accolades and awards given to products that embody

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any alleged invention claimed by the Samsung Patents-In-Suit.

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REQUEST NO. 160

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All documents and things evidencing Samsung’s licensing program, including without
limitation documents sufficient to identify all licensing personnel, location of said personnel, and
duties of said personnel.

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REQUEST NO. 161

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All documents and things relating to Samsung’s attempts to license to others the

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Samsung Patents-In-Suit and any related patents which have not yet resulted in a license

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agreement, including without limitation cease and desist letters, draft agreements, and other

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communications.

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REQUEST NO. 162
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Documents sufficient to identify any attempt by Samsung to enforce, either in the United
States or abroad, the Samsung Patents-In-Suit and any related patents.

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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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REQUEST NO. 163
All documents produced or made available to Samsung by any non-party or third-party in
this Litigation.

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REQUEST NO. 164
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All documents relating to any security interest in or lien against any of the Samsung

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Patents-In-Suit or any related patents.

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REQUEST NO. 165

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All documents relating to the ownership, title, transfer, or assignment of any of the
Samsung Patents-In-Suit or any related patents.

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REQUEST NO. 166
All documents relating to Samsung’s decision to mark or not to mark any product with

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the numbers of any of the Samsung Patents-In-Suit.

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REQUEST NO. 167

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All documents and things related to any marking of any product with any of the numbers
of any of the Samsung Patents-in-Suit.

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REQUEST NO. 168
All documents and things evidencing Samsung’s or any licensee’s or any third party’s

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marking of any product with the numbers of any of the Samsung Patents-in-Suit.

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REQUEST NO. 169

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All documents relating to any alleged damage or injury that Samsung has suffered or will

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suffer as a consequence of Apple allegedly using, manufacturing, employing, or selling any
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Apple Accused Product.

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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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REQUEST NO. 170
All documents relating to any sales that Samsung alleges it has lost, or believes it has
lost, to Apple.

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REQUEST NO. 171
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All documents relating to budgets, projected revenues and expenses, projected sales,

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projected profits, or other forecasts of operations concerning each Samsung Product you claim

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embodies any invention claimed in any claim of any of the Samsung Patents-In-Suit.

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REQUEST NO. 172

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All documents relating to Samsung’s pricing, pricing practice or policies, and changes in

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pricing with respect to each Samsung Product you claim embodies any invention claimed in any

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claim of any of the Samsung Patents-In-Suit, including without limitation, documents concerning

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price lists, pricing worksheets, marketing/pricing memoranda, sales correspondence, or price

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quotations.

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REQUEST NO. 173

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All documents relating to Samsung’s alleged capacity and ability to manufacture, sell,

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and/or distribute each Samsung Product you claim embodies any invention claimed in any claim

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of any of the Samsung Patents-In-Suit, including without limitation all documents and tangible

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things concerning Samsung’s sales, marketing and distribution system, sales force, and

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geographic locations for manufacturing and warehousing operations.

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REQUEST NO. 174

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All documents that list, describe, detail, or concern the market for each Samsung Product
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you claim embodies any invention claimed in any claim of any of the Samsung Patents-In-Suit,

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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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including without limitation documents concerning: (a) actual, projected, or potential market size

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or market shares; and (b) industry trends or developments.

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REQUEST NO. 175

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All documents concerning transport channel processing technology, including but not
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limited to segmentation, multiplexing, channel coding and interleaving that, prior to July 7, 1999,

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was known, patented, conceived, described, used, made, created, analyzed, tested, standardized,

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developed, or in development.

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REQUEST NO. 176

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All documents concerning transport channel processing technology developed in whole

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or part by Samsung, whether or not implemented in a commercial product or standard. This

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includes, but is not limited to, all documents and things concerning the conception, creation,

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development, testing, analysis, implementation, negotiation, standardization, or selection of

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transport channel processing technology, including without limitation all documents constituting

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or concerning:

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(a) Samsung’s participation therein

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(b) channel coding

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(c) radio frame segmentation

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(d) radio frame equalization

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(e) transport channel multiplexing

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(f) physical channel segmentation

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(g) any draft or version of any specification ultimately standardized as TS
25.212, and any follow-on draft or version of TS 25.212
(h) proposals and submissions to GSM/ETSI/3GPP regarding transport
channel processing technology from any party, including without
limitation Samsung

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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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(i) selection of features and technologies for transport channel processing
technology
(j) any feature or technology considered, proposed, analyzed, or tested for
inclusion in TS 25.212
(k) all of Samsung’s internal documentation, work, research, analysis, and
testing concerning transport channel processing technology
(l) all of Samsung’s IPR declarations concerning or relating to transport
channel processing technology

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(m) all of Samsung’s internal documentation concerning its IPR
declarations concerning or relating to transport channel processing
technology, including for example discussion or analysis about what
patents to declare essential (or not declare essential) and when

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REQUEST NO. 177
All documents, including without limitation documents constituting or concerning

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communications within Samsung, between Samsung and any third party, constituting or

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concerning transport channel processing technology proposed, considered for proposal,

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conceived, created, developed, tested, analyzed, or selected for inclusion in any

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telecommunication standard, including without limitation 3GPP TS 25.212 and TSG RAN

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Working Group 1.
REQUEST NO. 178
All documents concerning data packet construction, including but not limited to
segmentation, concatenation, padding, length indicator optimization, pre-defined length indicator
values, header extension bits, and RLC-SDU alignment that, prior to May 4, 2005, was known,

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patented, conceived, described, used, made, created, analyzed, tested, standardized, developed,
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or in development.

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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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REQUEST NO. 179
All documents concerning data packet construction developed in whole or part by
Samsung, whether or not implemented in a commercial product or standard. This includes, but is

4
not limited to, all documents and things concerning the conception, creation, development,
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6
7

testing, analysis, implementation, negotiation, standardization, or selection of data packet
construction, including without limitation all documents constituting or concerning:

8

(a) Samsung’s participation therein;

9

(b) data packet segmentation;

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(c) data packet concatenation;

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12

(d) data packet padding;

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(f) length indicator optimization;

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(g) pre-defined length indicator values;

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(h) alternative header extension bits;

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(i) RLC-SDU alignment;

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(j) any draft or version of any specification ultimately standardized as TS
25.322 and/or TS 25.306, and any follow-on draft or version of TS 25.322
and/or TS 25.306;
(k) proposals and submissions to GSM/ETSI/3GPP regarding data packet
construction from any party, including without limitation Samsung;

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22
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(l) selection of features and technologies for data packet construction;
(m) any feature or technology considered, proposed, analyzed, or tested
for inclusion in TS 25.322 and/or TS 25.306;

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(n) all of Samsung’s internal documentation, work, research, analysis, and
testing concerning data packet construction ;
(o) all of Samsung’s IPR declarations concerning or relating to data packet
construction; and

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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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7

(p) all of Samsung’s internal documentation concerning its IPR
declarations concerning or relating to data packet construction, including
for example discussion or analysis about what patents to declare essential
(or not declare essential) and when.
REQUEST NO. 180
All documents, including without limitation documents constituting or concerning
communications within Samsung, between Samsung and any third party, constituting or
concerning data packet construction proposed, considered for proposal, conceived, created,

8
9

developed, tested, analyzed, or selected for inclusion in any telecommunication standard,

10

including without limitation 3GPP TS 25.322 and 3GPP TS 25.306.

11

REQUEST NO. 181

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13

All documents concerning uplink transmission power control technology, including but
not limited to enhanced uplink service, HARQ, control of transmit power or transmit power

14
factor, and power factor scaling that, prior to June 9, 2004, was known, patented, conceived,
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described, used, made, created, analyzed, tested, standardized, developed, or in development.
REQUEST NO. 182
All documents concerning uplink transmission power control developed in whole or part
by Samsung, whether or not implemented in a commercial product or standard. This includes,
but is not limited to, all documents and things concerning the conception, creation, development,

21
22
23

testing, analysis, implementation, negotiation, standardization, or selection of data packet
construction, including without limitation all documents constituting or concerning:

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(a) Samsung’s participation therein;

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(b) HARQ;

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(c) retransmission of packets;

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(d) enhanced uplink dedicated channel (E-DCH);

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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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(f) enhanced uplink dedicated physical data channel (E-DPDCH);

3

(g) enhanced uplink dedicated physical control channel (E-DPCCH);

4

(h) power factor scaling;

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(i) any draft or version of any specification ultimately standardized as TS
25.214 and/or TS 25.213, and any follow-on draft or version of TS 25.214
and/or TS 25.213;

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7
8
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10

(j) proposals and submissions to GSM/ETSI/3GPP regarding uplink
transmission power control from any party, including without limitation
Samsung;
(k) selection of features and technologies for uplink transmission power
control;

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(l) any feature or technology considered, proposed, analyzed, or tested for
inclusion in TS 25.214 and/or TS 25.213;
(n) all of Samsung’s internal documentation, work, research, analysis, and
testing concerning uplink transmission power control ;
(o) all of Samsung’s IPR declarations concerning or relating to uplink
transmission power control; and
(p) all of Samsung’s internal documentation concerning its IPR
declarations concerning or relating to uplink transmission power control,
including for example discussion or analysis about what patents to declare
essential (or not declare essential) and when.
REQUEST NO. 183
All documents, including without limitation documents constituting or concerning
communications within Samsung, between Samsung and any third party, constituting or
concerning uplink transmission power control proposed, considered for proposal, conceived,

24
created, developed, tested, analyzed, or selected for inclusion in any telecommunication
25
26

standard, including without limitation 3GPP TS 25.214 and 3GPP TS 25.213.

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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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2
3

REQUEST NO. 184
To the extent not duplicative of other requests, all documents relating to actual or
potential litigation or arbitration threatened or filed by or against Samsung, including by not

4
limited to litigation or arbitration outside of the United States, regarding the licensing of any IPR
5
6

related to the Defined Wireless Standards, including without limitation any and all expert reports

7

and court filings, and transcripts of any deposition, hearing, or other recorded or transcribed

8

proceeding in the arbitrations or litigations.

9

REQUEST NO. 185

10

To the extent not duplicative of other requests, all documents relating to or containing

11
12

any claims or statements by Samsung in any litigation or judicial proceeding, including by not

13

limited to litigation or proceedings outside of the United States, regarding the licensing of IPR

14

that is claimed Essential to any Defined Wireless Standard, the determination of a FRAND

15

royalty rate for any IPR that is claimed Essential to any Defined Wireless Standard, and the

16

propriety of injunctive relief for the infringement of IPR claimed to be Essential to any Defined

17

Wireless Standard.

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19
20

REQUEST NO. 186
To the extent not duplicative of other requests, all transcripts of depositions or other

21

documents containing any testimony and/or statements by Samsung, current or former Samsung

22

affiliates or employees, or experts retained by Samsung or counsel to Samsung, relating to any

23

litigation or judicial proceeding, including by not limited to litigation or proceedings outside of

24
the United States, concerning IPR claimed Essential to any Defined Wireless Standard, the
25
26

determination of a FRAND royalty rate for any IPR allegedly Essential to a Defined Wireless

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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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Standard, and the propriety of injunctive relief for the infringement of IPR claimed to be

2

Essential to any Defined Wireless Standard.

3

REQUEST NO. 187

4
To the extent not duplicative of other requests, all documents prepared by any expert,
5
6

including any technical, economic, marketing or licensing experts, retained by Samsung or by

7

counsel to Samsung for any litigation or judicial proceeding, including by not limited to

8

litigation or proceedings outside of the United States, concerning IPR claimed Essential to any

9

Defined Wireless Standard, the determination of a FRAND royalty rate for any IPR allegedly

10

Essential to a Defined Wireless Standard, and the propriety of injunctive relief for the

11
12

infringement of IPR claimed to be Essential to any Defined Wireless Standard.

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14
15
16
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18
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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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Dated: September 19, 2011

/s/ Mark. D Selwyn
Mark D. Selwyn (SBN 244180)
([e-mail])
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

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3
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5
6

William F. Lee (admitted pro hac vice)
([e-mail])
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, Massachusetts 02109
Telephone: [phone]
Facsimile: [phone]

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9
10
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12

Harold J. McElhinny (SBN 66781)
([e-mail])
Michael A. Jacobs (SBN 111664)
([e-mail])
Richard S.J. Hung (CA SBN 197425)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105
Telephone: ( 415) 268-7000
Facsimile: [phone]

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Attorneys for Plaintiff and
Counterclaim-Defendant Apple Inc.

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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above and foregoing
document has been served on September 19, 2011 by email upon the following:

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Charles Kramer Verhoeven (Cal. Bar No. 170151)
([e-mail])
Quinn Emanuel Urquhart & Sullivan LLP
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Kevin P.B. Johnson (Cal. Bar No. 177129)
([e-mail])
Victoria F. Maroulis (Cal. Bar No. 202603)
([e-mail])
Quinn Emanuel Urquhart & Sullivan LLP
555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
Telephone: [phone]
Facsimile: [phone]
Edward J. DeFranco (Cal. Bar No. 165596)
([e-mail])
Quinn Emanuel Urquhart & Sullivan LLP
51 Madison Avenue, 22nd Floor
New York, New York 10010
Telephone: [phone]
Facsimile: [phone]
Michael T. Zeller (Cal. Bar No. 196417)
([e-mail])
Quinn Emanuel Urquhart & Sullivan LLP
865 S. Figueroa St., 10th Floor
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]

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/s/ Mark. D Selwyn
Mark D. Selwyn

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PLAINTIFF AND COUNTERCLAIM DEFENDANT
APPLE INC.’S FOURTH SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS AND THINGS
Case No. 11-cv-01846 (LHK)

OPPOS
FOR