NOKIA CORPORATION v. APPLE INC.

Filing 1

MOTION to Compel Deposition Testimony of Third Party Witnesses (filing fee $39, receipt number 4616038910) by NOKIA CORPORATION (Attachments: # 1 Declaration of Rohan Kale, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E part 1, # 7 Exhibit E part 2, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Text of Proposed Order)(smm)

EXHIBIT G

BYRON L. PICKARD
ASSOCIATE
[phone]
[e-mail]

April 8, 2011

Rohan Kale, Esq.
Alston & Bird LLP
One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309-3449
Re:

Dear Rohan:

Via Email

Subpoenas: Nokia Corporation v. Apple Inc. (Civ. Action No. 1:09-cv00791)(D.D.C.)
Our Ref: 2607.271REX0

I am handling the objections and responses to the March 24, 2011 subpoenas you
served on Robert Sterne, Glenn Perry, Rich Coller, and Sal Bezos (the “Subpoenas”) in the
referenced matter. Those subpoenas seek both the production of documents and a
deposition of the subpoenaed individuals. The documentary portions of the Subpoenas are
objected to as follows:
1.

2.
3.

4.

5.

The Subpoenas’ “Instructions” and “Definitions” are objected to insofar as
they purport to impose burdens in responding that are greater than the
burdens imposed by the Federal Rules of Civil Procedure.
The Subpoenas are objected insofar as the requests are vague and
ambiguous.

The Subpoenas are objected to as all document requests seek information
protected by the attorney–client privilege and the attorney-work-product
doctrine.
The Subpoenas are objected to insofar as the document requests seek the
production of documents already produced in the referenced litigation.

The Subpoenas are objected to insofar as the document requests seek the
production of documents that are already in the public domain, including
for instance on the U.S. Patent Office’s Public PAIR system or on PACER.

Rohan Kale, Esq.
April 8, 2011
Page 2
6.
7.
8.
9.

The Subpoenas are objected to insofar as Nokia contends a privilege log is
required for any privilege or work-product objection. The parties to the
litigation have agreed to dispense with privilege logs. All documents
sought by the Subpoenas are Apple’s documents. Therefore, the parties
agreement concerning privilege logs covers the documents requested by
these Subpoenas.

The Subpoenas are objected to insofar as they request “prior art” to the
‘703 patent, without adequately narrowing the scope of the prior art
requested, thereby making those requests overbroad and unduly
burdensome.

The Subpoenas are objected as overbroad and unduly burdensome
because they do not limit the documents sought for production to the files
concerning the ‘703 patent reexamination. In searching for responsive,
non-privileged documents, only the file relating to the ‘703 patent
reexamination will be searched.
The Subpoenas are also objected to because they do not allow a
reasonable time for production.

Subject to and without waiving the foregoing objections, responsive non-privileged
documents, if any, will be produced.

The depositions that the Subpoenas seek are also objectionable. Each subpoenaed
witness represents Apple, as patent power, in the reexaminations of the patents asserted in
the referenced litigation. Any questions concerning those matters will necessarily touch on
matters that are protected from disclosure by the attorney–client privilege and the
attorney-work-product doctrine. Moreover, these depositions are premature, given these
reexaminations are on-going matters, except for the reexamination of the ‘854 patent. In
addition, the request for deposition is objected to as being for the purpose of harassing
Apple's attorneys. Finally, even assuming the depositions you seek are proper, the dates
you have noticed conflict with each person’s schedule. The subpoenaed witnesses will not
appear for a deposition unless and until we resolve these issues.
If you wish to meet and confer as required under the Federal Rules of Civil
Procedure, please do not hesitate to contact me.

Rohan Kale, Esq.
April 8, 2011
Page 3
Very truly yours,

STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.

Byron L. Pickard