Motorola Mobility, Inc. v. Apple, Inc.

Filing 260

MOTION to Compel Rule 30(b)(6) Deposition Testimony From Apple by Motorola Mobility, Inc.. Responses due by 3/26/2012 (Attachments: # 1 Affidavit M. Korhonen, # 2 Affidavit C. Garrigan, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I)(Escobar, Annette)

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

MOTOROLA MOBILITY, INC.,
Plaintiff,
v.

JURY TRIAL DEMANDED

APPLE INC.,
Defendant.

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

DECLARATION OF MATTHEW O. KORHONEN IN SUPPORT OF MOTOROLA’S
MOTION TO COMPEL RULE 30(b)(6) DEPOSITION TESTIMONY FROM APPLE

1

I, Matthew O. Korhonen, declare:
I am a member of the bar of the State of California, admitted pro hac vice in this
action and an associate with Quinn Emanuel Urquhart & Sullivan, LLP, attorneys for Motorola
Mobility, Inc. and Motorola Solutions, Inc. (f/k/a Motorola, Inc.) (collectively "Motorola"). I
make this declaration of personal, firsthand knowledge, and if called and sworn as a witness, I
could and would testify competently to the matters contained in this declaration.
1.

On February 1, counsel for Motorola notified counsel for Apple that Apple

failed to produce source code relating to MobileMe Rules functionality. On February 3 and
February 6, counsel for Apple and counsel for Motorola met and conferred regarding Apple's
failure to produce this source code. On February 7, Apple notified Motorola that it had made the
MobileMe Rules functionality source code available for inspection.
2.

On February 24, 2012, counsel for Apple and counsel for Motorola met

and conferred regarding Apple's to provision of a Rule 30(b)(6) witness prepared to testify
regarding the email notifications on devices running iOS 5 and Apple's provision of a Rule
30(b)(6) witness on Apple's MobileMe webmail source code. At the February 24, 2012 meet and
confer, Apple maintained its position that it would not provide a 30(b)(6) witness on either topic.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed this 9th day of March 2012 at Miami, Florida.

Matthew O. Korhonen

2