Motorola Mobility, Inc. v. Apple, Inc.

Filing 235

REPLY to Response to Motion re 224 MOTION to Compel Responses to Interrogatories Regarding Set-Top Box Patents (Nos. 19-22) filed by Apple, Inc.. (Attachments: # 1 Affidavit Declaration of Jason Lang, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Pace, Christopher) Modified on 2/10/2012 (ls).

EXHIBIT D

Lang, Jason
From:
Sent:
To:
Subject:
Attachments:

John Duchemin <[e-mail]>
Wednesday, February 08, 2012 4:37 PM
John Duchemin
FW: E-mail from Apple to Time Warner counsel
Amended Exhibit A to TWC Subpoena.pdf

[HEADER INFORMATION REDACTED]
From: Mehra, Arjun [mailto:[e-mail]]
Sent: Tuesday, January 24, 2012 12:09 AM
To: Benyacar, David
Cc: Lang, Jason
Subject: Motorola Mobility, Inc. v. Apple, Inc., Case No. 1:10cv023580 (S.D. Fla.)

Mr. Benyacar,
Thank you for speaking with me today about Apple's subpoena to Time Warner Cable in the Apple-Motorola matter. As
I mentioned, Apple is seeking information on the interactive programming guide (IPG) that operates with the Motorola
set-top boxes (STBs) offered by Time Warner Cable to its customers. Despite earlier assurances to the contrary,
Motorola has failed to produce this information itself. Thus, we greatly appreciate Time Warner Cable's cooperation in
obtaining this discovery.
In an effort to reduce the burden of production on Time Warner Cable, Apple has narrowed the scope of its
subpoena. Please see the attachment for an updated exhibit to the subpoena, including narrower topics for deposition
and corresponding categories of documents to be produced. To the extent that it facilitates Time Warner Cable's
response, Apple is particularly interested in obtaining discovery on the following topics, dating back to October 6, 2004:
 Which IPGs are installed on the Motorola STBs offered by Time Warner Cable to its customers (i.e., the name of
the IPG, such as TV-Guide, Passport, Aptiv, as well as the version number)?
 Who installs the IPGs on these STBs, and how do they get installed?
 How much does Time Warner Cable pay for these IPGs, and to whom do they make the payments?
Due to the fast approaching cutoff for fact discovery, we are hoping that we can work together to address any
objections or provide any necessary clarification for the deposition topics and categories of documents within two
weeks, with production to be made within three weeks. If Apple believes that a deposition is still necessary after
documents have been produced, we propose that such a deposition be held within four weeks wherever is most
convenient for you.
Once again, we very much appreciate your time and effort on these responses. Please let me know if I can answer any
questions.
Best,
Arjun

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Arjun H. Mehra
Weil, Gotshal & Manges LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065-1134
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