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 15

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

DiMuzio, Elena
Wednesday, December 21, 2011 12:30 PM
Marshall M. Searcy III ([e-mail]); David Perlson; MotoApple-SDFL
Weil_TLG Apple Moto FL External; AppleCov
FW: Apple/Moto SDFL: Letter re Production of Embodying Products
12_14_2011 DiMuzio to Perlson.pdf

Marshall,
As requested, here is the letter proposing a limitation to the parties’ discovery requests on embodying products. I
believe the proposed limitation addresses the concerns you raised about our request being over-broad and unduly

burdensome. However, there are numerous decisions compelling production of information relating to all
products embodying the asserted claims (as our Interrogatory 12 requests). See, for example, Leader Techs.
Inc. v. Facebook Inc., No. 08-862-JJF-LPS, 2009 WL 3021168 at *2 (D. Del. Sept. 4, 2009) (“Facebook is entitled
to know every Leader product or service that Leader contends practices any of the asserted claims of the
patent-in-suit. Facebook is also entitled to know which claims are practiced by which of Leader's products and
services.”). We have found no authority to support Motorola’s refusal to produce on this point.
Please let me know if you are available on Friday to continue this discussion. Thanks.
Best Regards,
Elena.
From: DiMuzio, Elena
Sent: Wednesday, December 14, 2011 5:20 PM
To: David Perlson; Moto-Apple-SDFL
Cc: Weil_TLG Apple Moto FL External; AppleCov
Subject: Apple/Moto SDFL: Letter re Production of Embodying Products

David,
Please see attached letter.
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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