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)

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
Case No. 1:10cv023580-Civ-RNS

MOTOROLA MOBILITY, INC.,
Plaintiff,
v.

JURY TRIAL DEMANDED

APPLE INC.,
Defendant.

APPLE INC.,
Counterclaim Plaintiff,
v.
MOTOROLA, INC. and
MOTOROLA MOBILITY, INC.,
Counterclaim Defendants.

APPLE’S SECOND SUPPLEMENTAL OBJECTIONS AND RESPONSES TO
MOTOROLA’S SECOND SET OF INTERROGATORIES
Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, Defendant
and Counterclaim-Plaintiff Apple, Inc. (“Apple”) objects and responds to the
interrogatories served by Plaintiff and Counterclaim-Defendant Motorola Mobility, Inc.
and Counterclaim-Defendant Motorola, Inc. (collectively “Motorola”) as follows.

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GENERAL OBJECTIONS
Apple hereby incorporates its General Objections to Defendants First Set of
Interrogatories (Nos. 1-9) and the Definitions and Instructions therein.
SPECIFIC OBJECTIONS AND RESPONSES TO INTERROGATORIES
Subject to and without waiving the foregoing General Objections, Apple objects
and responds to Motorola’s interrogatories as follows:
INTERROGATORY NO. 11
Separately for each alleged invention claimed in the Apple Asserted Patents,
describe the circumstances surrounding the first confidential disclosure, first written
description, first manufacture, first public demonstration, use, or disclosure, and first sale
or offer for sale of each such alleged invention, including without limitation identifying
when, where, and to whom the alleged invention was first confidentially disclosed by an
inventor of the Apple Asserted Patents or any other person; when the first written
description occurred; when, where, by whom, and to whom any alleged invention related
to each Apple Asserted Claim was first publicly demonstrated, used, disclosed, sold,
and/or offered for sale, and all persons with knowledge of and documents concerning the
information sought in this Interrogatory.
RESPONSE TO INTERROGATORY NO. 11
In addition to their General Objections, Apple objects to this interrogatory as
vague and ambiguous, overly broad, and unduly burdensome. Apple further objects to
this interrogatory to the extent that it seeks information that is (a) protected by the
attorney-client privilege or work product doctrine; (b) confidential, proprietary, or trade
secret; (c) subject to Apple’s legal or contractual obligation of nondisclosure or

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confidentiality to a third party; and/or (d) public or readily available to Defendants.
Apple further objects to the extent this interrogatory calls for a legal conclusion.
Plaintiffs further object to this interrogatory as vague and ambiguous in at least as far as it
request “confidential disclosures.” Apple further objects to this interrogatory to the
extent it requests information regarding events occurring later than one year prior to the
filing date of any associated patent application. Apple expressly reserves the right to
amend, supplement, and/or correct its response to this interrogatory as additional
information becomes available to Apple during the course of their discovery and
investigation, in response to any claim construction by the Court, or in response to
Defendants’ infringement contentions (or any supplement thereto) or Defendants’
response to Apple’s interrogatories (or any supplement thereto).
Subject to their General and Specific Objections, Apple responds as follows:

SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 11
Subject to its General and Specific Objections, Apple further responds as
follows:

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 17, 2012, I served the foregoing
document via electronic mail on all counsel of record identified on the attached Service
List.

/s/ Jill Ho
Jill Ho

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