Motorola Mobility, Inc. v. Apple, Inc.

Filing 225

MOTION to Compel Responses to Interrogatories Nos. 7 and 12 Regarding Products Embodying Motorola's Asserted Patents and Accompanying Memorandum of Law in Support by Apple, Inc.. Responses due by 2/16/2012 (Attachments: # 1 Affidavit Declaration of Elena Dimuzio, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Text of Proposed Order)(Pace, Christopher)

EXHIBIT 13

DiMuzio, Elena
From:
Sent:
To:
Cc:
Subject:

Amanda Williamson <[e-mail]>
Tuesday, November 22, 2011 11:31 AM
DiMuzio, Elena; David Perlson
Moto-Apple-SDFL; Weil_TLG Apple Moto FL External; AppleCov; Moto-Apple-662-WI
RE: Apple Moto: Financial Data Discovery

Elena,
Motorola proposes the following: 

1. Parties exchange the following information via excel spreadsheet for each accused product or family of products
reported on a quarterly basis, if available, or on a yearly basis if not available quarterly:
·
·
·
·
·
·

Total gross and net revenue
Total units sold
Profits and margins (calculated based on US sales, if available; if not, calculated based on worldwide sales)
Standard or actual cost of goods sold
Operating margin
Operating costs

2.

The parties agree to produce sufficient documents for each accused product or product family to determine the
cost of materials for each product and product family; and

3.

The parties provide a breakdown of U.S. sales by unit by sale, including identifying the customer, units sold, and
sale price.

Your request for the “forgoing information” relating to lost profits seems to be redundant of the information described
above. In any event, Motorola will produce sufficient information to support any lost profit calculation that it makes.
Finally, Motorola is seeking damages for any infringing sales made during the six-year statute of limitation set forth in the
Patent Act.
Please let us know if this is agreeable.
Regards,
Amanda

Amanda Williamson
Quinn Emanuel Urquhart & Sullivan, LLP
500 West Madison Street, Suite 2450
Chicago, IL 60661
312.705.7477 Direct

312.705.7400 Main Office Number
312.593.5808 Cell
[e-mail]
www.quinnemanuel.com
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From: DiMuzio, Elena [mailto:[e-mail]]
Sent: Tuesday, November 15, 2011 11:34 PM
To: David Perlson
Cc: Moto-Apple-SDFL; Weil_TLG Apple Moto FL External; AppleCov
Subject: Apple Moto: Financial Data Discovery

David,
On today’s call, we discussed agreeing on production of certain financial information for the accused products in both
the Florida and Wisconsin cases. We propose that each party prepare a spreadsheet with the following information,
reported on a quarterly basis, if available, or on a yearly basis if not available quarterly, for each accused product or
product family. The spreadsheet should reflect US sales.





Total gross and net revenue
Total units sold
Profits and margins (calculated based on US sales, if available; if not, calculated based on worldwide sales)
Standard or actual cost of goods sold

In addition, we propose producing the following documents for each accused product or product family:



Costed bills of materials
Detailed bills of materials

If a party intends to claim lost profits, the foregoing information should be produced for the products it contends it
could have sold but for alleged infringement. In addition, customer and geographic location information should be
produced for each unit sold.
Finally, please confirm the time period for which Motorola is seeking damages, so that we can produce data for the
relevant time periods.
Best Regards,
Elena.
Elena DiMuzio| Associate | COVINGTON & BURLING LLP
One Front Street | San Francisco, CA 94111 |Phone: [phone] | Fax: [phone] | [e-mail]

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