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)

EXHIBIT D

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
Case No. 1:10cv023580-Civ-UU
MOTOROLA MOBILITY, INC.,
Plaintiff,
JURY TRIAL DEMANDED

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

MOTOROLA MOBILITY, INC. AND MOTOROLA, INC.'S
FIRST SET OF REQUESTS FOR PRODUCTION TO APPLE INC. (NOS. 1-88)
Pursuant to Federal Rules of Civil Procedure 26 and 34, Plaintiff/Counterclaim
Defendant Motorola Mobility, Inc. ("Mobility") and Counterclaim Defendant Motorola, Inc.
("Motorola") (collectively, "Counterclaim-Defendants") request that Defendant Apple Inc.
respond fully and in writing to this First Set of Requests for the Production of Documents and
Things (“Requests”) and produce the documents and things requested herein in accordance with
the following instructions and definitions at the offices of Quinn Emanuel Urquhart & Sullivan,
LLP, 51 Madison Avenue, 22nd Floor New York, NY 10010 within thirty (30) days from the
date of service of these Requests.

DEFINITIONS & INSTRUCTIONS
Counterclaim-Defendants repeat and incorporate hererin by reference all of the
Definitions contained in their First Set of Interrogatories to Apple served concurrently with these
Requests.
1.

In answering the following Requests, furnish all available information, including

information in the possession, custody, or control of any of Apple's attorneys, directors, officers,
agents, employees, representatives, associates, investigators or division affiliates, partnerships,
parents or subsidiaries, and persons under Apple's control, who have the best knowledge, not
merely information known to Apple based on Apple's own personal knowledge. If you cannot
fully respond to the following Requests after exercising due diligence to secure the information
requested thereby, so state, and specify the portion of each Request that cannot be responded to
fully and completely. In the latter event, state what efforts were made to obtain the requested
information and the facts relied upon that support the contention that the Request cannot be
answered fully and completely; and state what knowledge, information or belief Apple has
concerning the unanswered portion of any such Request.
2.

All documents must be produced in accordance with the requirements of Federal

Rule of Civil Procedure 34.
3.

Electronic records and computerized information must be produced in an

intelligible format, together with a description of the system from which they were derived
sufficient to permit rendering the records and information intelligible.
4.

Selection of documents from the files and other sources and the numbering of

such documents shall be performed in such a manner as to ensure that the source of each
document may be determined, if necessary.

2

5.

File folders with tabs or labels or directories of files identifying documents must

be produced intact with such documents.
6.

Documents attached to each other shall not be separated.

7.

If you object to fully identifying a document, electronically stored information or

oral communication because of a privilege, you must nevertheless provide the following
information unless divulging the information would disclose the privileged information:
(a) the nature of the privilege claimed (including work product);
(b) if the privilege is being asserted in connection with a claim or defense
governed by state law, the state privilege rule being invoked;
(c) the date of the document, electronically stored information or oral
communication;
(d) if a document, the type of document (e.g., letter or memorandum) and, if
electronically stored information, the software application used to create it
(e.g., MS Word or MS Excel Spreadsheet), and the custodian, location, and
such other information sufficient to identify the material for a subpoena duces
tecum or a production request, including where appropriate the author, the
addressee, and, if not apparent, the relationship between the author and
addressee;
(e) if an oral communication: the place where it was made, the names of the
persons present while it was made, and, if not apparent, the relationship of the
persons present to the declarant; and
(f) the general subject matter of the document, electronically stored information
or oral communication.

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8.

You are under a continuous obligation to supplement your answers to these

requests under the circumstances specified in Federal Rule of Civil Procedure 26(e).
REQUESTS FOR PRODUCTION
REQUEST FOR PRODUCTION NO. 1.
All documents concerning this Action.
REQUEST FOR PRODUCTION NO. 2.
All documents concerning each of the Apple Asserted Patents, the Subject Matter thereof,
or any Related Applications.
REQUEST FOR PRODUCTION NO. 3.
All documents concerning the research and development of the Subject Matter described
in each of the Apple Asserted Patents, including without limitation laboratory notebooks,
schematics, drawings, specifications, source code, artwork, formulas, and prototypes.
REQUEST FOR PRODUCTION NO. 4.
All documents concerning the first public use in the United States, first offer for sale or
first sale in the United States, or first public disclosure of any Subject Matter claimed in each of
the Apple Asserted Patents.
REQUEST FOR PRODUCTION NO. 5.
All documents and things concerning the preparation and prosecution of the patent
applications for the Apple Asserted Patents or Related Applications, including without limitation
draft applications, invention disclosures, search reports, all Prior Art whether cited in such
applications or not, all copies of the file histories marked or annotated by Apple or the inventors,
and other materials prepared for sending to the U.S. Patent and Trademark Office, papers sent to

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or received from the U.S. Patent and Trademark Office, notes and memoranda of interviews
(telephone or in person), correspondence, and attorney time records and bills.
REQUEST FOR PRODUCTION NO. 6.
All documents and things sent to or received from any patent agent, attorney, agent or
representative of Apple concerning any of the Apple Asserted Patents or any Related
Applications.
REQUEST FOR PRODUCTION NO. 7.
All documents and things exchanged with or in the possession of the prosecuting
attorney(s) of each of the Apple Asserted Patents or Related Applications, or any attorney or
agent or representative involved in the application process for each of the Apple Asserted Patents
or Related Applications, which concern the Apple Asserted Patents or Related Applications,
including without limitation documents and things concerning the prosecution of the Apple
Asserted Patents or Related Applications or assignment of any rights in the Apple Asserted
Patents or Related Applications.
REQUEST FOR PRODUCTION NO. 8.
All documents and things in the possession of any of the inventors of any of the Apple
Asserted Patents concerning the Apple Asserted Patents or Related Applications, including
without limitation documents and things concerning the Subject Matter of the Apple Asserted
Patents, prosecution of the Apple Asserted Patents, or assignment of any rights in the Apple
Asserted Patents or Related Applications.

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REQUEST FOR PRODUCTION NO. 9.
All invention disclosures or other records, documents and things concerning the first
conception of the alleged invention(s) covered by any of the Apple Asserted Patents or Related
Applications.
REQUEST FOR PRODUCTION NO. 10.
All documents and things concerning the reduction to practice of any alleged invention(s)
covered by any of the Apple Asserted Patents, and all documents and things concerning any
alleged diligence in reducing to practice the alleged invention(s) covered by any of the Apple
Asserted Patents.
REQUEST FOR PRODUCTION NO. 11.
All documents showing the individual contribution of each inventor of the Apple
Asserted Patents to the conception, design, development, diligence, or reduction to practice of
the subject matter of the Apple Asserted Patents.
REQUEST FOR PRODUCTION NO. 12.
All documents that show any modes contemplated by any of the inventors for carrying
out each invention claimed in each of the Apple Asserted Patents, including the best mode of
carrying out the inventions claimed in each of the Apple Asserted Patents or related applications
(as this phrase is used in 35 U.S.C. § 112, 1st Paragraph).
REQUEST FOR PRODUCTION NO. 13.
All documents and things concerning any agreement between Apple and any of the
named inventors of the Apple Asserted Patents, including but not limited to any assignment,
contract, employment agreement or license.

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REQUEST FOR PRODUCTION NO. 14.
All communications and correspondence between Apple and the named inventors of the
Apple Asserted Patents.
REQUEST FOR PRODUCTION NO. 15.
All documents concerning the scope, validity, or enforceability of any of the Apple
Asserted Patents.
REQUEST FOR PRODUCTION NO. 16.
All documents concerning any secondary consideration or other objective evidence of
non-obviousness of the Apple Asserted Claims, including commercial success, long-felt need,
commercial acquiescence, expressions of skepticism, copying, teaching away, failed attempts by
others, or simultaneous development and any nexus between such secondary consideration or
other objective evidence of non-obviousness and the Apple Asserted Claims.
REQUEST FOR PRODUCTION NO. 17.
All documents and things concerning Apple's contention as to what constituted the level
of skill of a person of ordinary skill in the art to which the subject matter of each of the Apple
Asserted Patents pertains, at the time of filing with the U.S. Patent and Trademark Office the
original application resulting in each Apple Asserted Patent.
REQUEST FOR PRODUCTION NO. 18.
All documents and things concerning any Prior Art relating to the Apple Asserted
Patents, including any document or thing identified as potential Prior Art to Apple by any third
party.

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REQUEST FOR PRODUCTION NO. 19.
All documents and things concerning patents, publications, abstracts, papers, articles,
presentations, or speeches invented, authored or given, in whole or in part, by any of the
inventors of the Apple Asserted Patents concerning the Subject Matter of the Apple Asserted
Patents.
REQUEST FOR PRODUCTION NO. 20.
All documents concerning prior testimony of any of the inventors of the Apple Asserted
Patents in the context of any adversarial proceeding in the United States or abroad.
REQUEST FOR PRODUCTION NO. 21.
Documents sufficient to show all United States and foreign patents, and all United States
and foreign patent applications, where any named inventor of the Apple Asserted Patents is listed
as a named inventor.
REQUEST FOR PRODUCTION NO. 22.
Each document concerning any search or study that relates to patentability,
unpatentability, validity, invalidity, scope, infringement, non-infringement, enforceability, or
unenforceability of one or more Apple Asserted Patents or claim thereof, or any Related
Application.
REQUEST FOR PRODUCTION NO. 23.
All documents relating to the payment of maintenance fees to the United States Patent
and Trademark Office for the Apple Asserted Patents.
REQUEST FOR PRODUCTION NO. 24.
All documents concerning any errors or potential errors in any of the Apple Asserted
Patents, including without limitation documents concerning any awareness of such errors or

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potential errors by Apple, any of the inventors, or anyone acting on their behalf, prior to the
issuance of each of the Apple Asserted Patents.
REQUEST FOR PRODUCTION NO. 25.
Documents sufficient to identify the steps that Apple has taken to ensure that products,
software, processes, systems, methods, machines, or services covered by any of the Apple
Asserted Patents, under license or otherwise, are adequately marked with each such patent.
REQUEST FOR PRODUCTION NO. 26.
All documents and things concerning the research, design, development, manufacture,
testing, operation, performance, installation, marketing, use, or sale of any Embodying Products
by Apple, including without limitation a copy of all source code, documentation, and design
notes, instruction manuals, service manuals, schematics, customer instruction sheets or
brochures, product specifications, data sheets, product announcements, press releases, text of
explanatory articles, speeches, lectures, or product roadmaps (including, without limitation,
information electronically disseminated or made available).
REQUEST FOR PRODUCTION NO. 27.
All documents and things that refer or relate to any non-party's research, design,
development, manufacture, testing, operation, assembly, packaging, use, testing, sampling,
importation, sale, offer for sale, performance, or installation of any Embodying Products. This
request includes, but is not limited to:
a. all original and all revised documents evidencing process architecture, process flow,
process recipe, specification, and all manufacturing documents, including travelers,
procurement documents (including all invoices), requests for proposals, requests for
quotations, and correspondence for all versions of any prototype;

9

b. all prototypes, engineering models or other physical models used, constructed, or
made during the design or development of any of the products; and
c. all documents dated prior to, or which existed prior to, the filing date of the
application for each of the Apple Asserted Patents, including all agreements
providing for compensation or financing of any work performed in connection with
the design or development of any product embodying the invention claimed in any
claim of any of the Apple Asserted Patents.
REQUEST FOR PRODUCTION NO. 28.
All documents and things concerning the infringement of any of the Apple Asserted
Patents by any person.
REQUEST FOR PRODUCTION NO. 29.
All documents relating to the Accused Instrumentalities of Counterclaim-Defendants.
REQUEST FOR PRODUCTION NO. 30.
All documents and things upon which Apple intends to rely (including without limitation
all attorney opinion letters and memoranda) to support the claims of patent infringement alleged
against Counterclaim-Defendants.
REQUEST FOR PRODUCTION NO. 31.
All documents which you claim will have any bearing whatsoever on the interpretation or
construction of any of the claims or terms in the Apple Asserted Patents.
REQUEST FOR PRODUCTION NO. 32.
All documents and things concerning, reflecting, or constituting any communications or
correspondence between Apple and any alleged infringer of any of the Apple Asserted Patents.

10

REQUEST FOR PRODUCTION NO. 33.
All documents sufficient to show Apple's first awareness of Counterclaim-Defendants'
activities that form the basis of any allegation that Counterclaim-Defendants infringe any of the
Apple Asserted Patents.
REQUEST FOR PRODUCTION NO. 34.
Any document relating to any contention Apple has made that Counterclaim-Defendants'
infringement of any of the Apple Asserted Patents was or was not willful, intentional, or
knowing.
REQUEST FOR PRODUCTION NO. 35.
Any document relating to any contention Apple has made that Counterclaim-Defendants
did or did not knowingly contribute to the infringement of any of the Apple Asserted Patents or
did or did not induce infringement of any of the Apple Asserted Patents.
REQUEST FOR PRODUCTION NO. 36.
All documents and things that support, contradict, refute, or otherwise relate to Apple's
allegations and contentions contained within its Complaint in this Action, including without
limitation any documents supporting Apple's allegations that Counterclaim-Defendants have
infringed or are infringing the Apple Asserted Patents, and any pre-litigation opinion letters or
other documents concerning the same.
REQUEST FOR PRODUCTION NO. 37.
All documents concerning any legal or administrative proceedings to which Apple was a
party that concerned any of the Apple Asserted Patents or Related Applications, or the Subject
Matter of any of the Apple Asserted Patents, other than the present matter, including without
limitation pleadings, court filings, court orders, special master reports, transcripts (whether trial,

11

hearing, or deposition), exhibits (whether trial, hearing, filing, or deposition), and descriptions of
any product Apple contended infringed a patent.
REQUEST FOR PRODUCTION NO. 38.
Documents sufficient to demonstrate every person or entity who has now, or previously
had, a financial interest in any of the Apple Asserted Patents or Related Applications, other than
Apple.
REQUEST FOR PRODUCTION NO. 39.
All documents that refer or relate to any security interest in or lien against any of the
Apple Asserted Patents.
REQUEST FOR PRODUCTION NO. 40.
All documents concerning Apple's involvement with, investment in, or payment of any
monies to any company from whom you acquired or obtained any of the Apple Asserted Patents.
REQUEST FOR PRODUCTION NO. 41.
All communications concerning any one or more of the Apple Asserted Patents,
including but not limited to communications between Apple and any third party.
REQUEST FOR PRODUCTION NO. 42.
All documents concerning communications and meetings between Apple and
Counterclaim-Defendants regarding the Apple Asserted Patents.
REQUEST FOR PRODUCTION NO. 43.
All documents concerning Apple business plans or meetings concerning any of the Apple
Asserted Patents.

12

REQUEST FOR PRODUCTION NO. 44.
All documents concerning any practices or policies of Apple concerning pursuing
patents, including policies or procedures concerning when to pursue patents, invention
disclosures, patent prosecution, and the citation of prior art.
REQUEST FOR PRODUCTION NO. 45.
Any and all patent licenses, cross licenses, or other similar agreements, including without
limitation covenants not to sue or non-assertion agreements, in the possession, custody, or
control of Apple, which (a) concern patents in the same or similar areas of technology as the
technology described in each of the Apple Asserted Patents, or (b) involve companies providing
products similar to Counterclaim-Defendants.
REQUEST FOR PRODUCTION NO. 46.
All documents supporting or contradicting Apple's contention it is entitled to any form of
relief in this Action.
REQUEST FOR PRODUCTION NO. 47.
All documents supporting or contradicting the amount of damages Apple will claim in
this Action and the calculation thereof, including all documents relating to the type of and rate of
damages that Apple contends it has suffered or is owed.
REQUEST FOR PRODUCTION NO. 48.
All documents concerning each of the Mobility Asserted Patents, Related Applications
thereto, or the Subject Matter of the Mobility Asserted Patents.
REQUEST FOR PRODUCTION NO. 49.
All documents which you claim will have any bearing whatsoever on the interpretation or
construction of any term of the Mobility Asserted Patents.

13

REQUEST FOR PRODUCTION NO. 50.
All documents concerning any alleged Prior Art relating to the Mobility Asserted Patents.
REQUEST FOR PRODUCTION NO. 51.
All documents concerning the scope, validity, or enforceability of any of the claims in
each of the Mobility Asserted Patents.
REQUEST FOR PRODUCTION NO. 52.
All documents concerning any secondary consideration or other objective evidence of
non-obviousness of the Mobility Asserted Patents, including commercial success, long-felt need,
commercial acquiescence, expressions of skepticism, copying, teaching away, failed attempts by
others, or simultaneous development and any nexus between such secondary consideration or
other objective evidence of non-obviousness and the Mobility Asserted Patents.
REQUEST FOR PRODUCTION NO. 53.
All documents and things concerning Apple's contention as to what constituted the level
of skill of a person of ordinary skill in the art to which the Subject Matter of each of the Mobility
Asserted Patents pertains.
REQUEST FOR PRODUCTION NO. 54.
Each document concerning or relating to any search or study that concerns or relates to
patentability, unpatentability, validity, invalidity, scope, infringement, noninfringement,
enforceability, or unenforceability of one or more Mobility Asserted Patents or claim thereof, or
any Related Applications.
REQUEST FOR PRODUCTION NO. 55.
Each document constituting or describing any legal opinion that Apple received relating
to the infringement, noninfringement, validity, invalidity, enforceability, or unenforceability of

14

any of the Mobility Asserted Patents, together with documents sufficient to show the person(s)
who received the opinion, the person(s) who requested the opinion, the date it was received by
Apple, and the date Apple requested it.
REQUEST FOR PRODUCTION NO. 56.
All documents related to whether or not Apple infringes the Mobility Asserted Patents.
REQUEST FOR PRODUCTION NO. 57.
Any document concerning whether Apple's infringement of any of the Mobility Asserted
Patents was or was not willful, intentional, or knowing.
REQUEST FOR PRODUCTION NO. 58.
Any document concerning whether Apple did or did not knowingly contribute to the
infringement of any of the Mobility Asserted Patents or did or did not induce infringement of any
of the Mobility Asserted Patents.
REQUEST FOR PRODUCTION NO. 59.
All communications or documents referring to or otherwise evidencing any
communication between Apple and a third party relating to a request for indemnification against
infringement or possible infringement of any U.S. or foreign patent owned by CounterclaimDefendants in the same area of technology or concerning the same Subject Matter as any of the
Mobility Asserted Patents.
REQUEST FOR PRODUCTION NO. 60.
All communications or documents referring to or otherwise evidencing any
communication between Apple and a third party relating to infringement or possible
infringement of any U.S. or foreign patent owned by Counterclaim-Defendants in the same area
of technology or concerning the same Subject Matter as any of the Mobility Asserted Patents.

15

REQUEST FOR PRODUCTION NO. 61.
All communications or documents referring to or otherwise evidencing a statement
concerning whether Apple can make, use, sell, offer for sale, or import any Apple Accused
Instrumentality without infringing any of the Mobility Asserted Patents or Related Applications.
REQUEST FOR PRODUCTION NO. 62.
All documents and things concerning any notice given by Counterclaim-Defendants to
Apple reflecting Counterclaim-Defendants' contention that Apple was and is infringing or
possibly infringing any of the Mobility Asserted Patents.
REQUEST FOR PRODUCTION NO. 63.
All documents concerning any legal or administrative proceedings to which Apple was a
party accused of patent infringement, other than the present matter, including without limitation
pleadings, court filings, court orders, special master reports, transcripts (whether trial, hearing, or
deposition), exhibits (whether trial, hearing, filing, or deposition), and descriptions of any
allegedly infringing Apple product.

REQUEST FOR PRODUCTION NO. 64.
All documents and things that support, contradict, refute, or otherwise relate to
Counterclaim-Defendants' allegations and contentions contained within the Complaint or
Answer, Reply, and Counterclaims, including without limitation any documents supporting
Mobility's allegations that Apple has infringed and is infringing the Mobility Asserted Patents.
REQUEST FOR PRODUCTION NO. 65.
Documents sufficient to show the identity, including model numbers and any internal
identifiers, of each Apple Accused Instrumentality.

16

REQUEST FOR PRODUCTION NO. 66.
All documents concerning the operation and design of any Apple Accused
Instrumentality.
REQUEST FOR PRODUCTION NO. 67.
All documents and things concerning the research, design, development, manufacture,
testing, operation, performance, installation, marketing, use, or sale of any of Apple Accused
Instrumentality, including without limitation all source code, documentation, manuals, and
design notes, and all revisions thereof.
REQUEST FOR PRODUCTION NO. 68.
Documents sufficient to show all future plans or roadmaps for developing, designing, or
producing any planned replacement product for any Apple Accused Instrumentality.
REQUEST FOR PRODUCTION NO. 69.
All documents and things concerning any conference, seminar, exhibition, convention,
trade show, or the like, at which any Apple Accused Instrumentality is or was discussed, referred
to, advertised, displayed, demonstrated, or shown, including, without limitation, advertisements,
brochures, articles, pamphlets, price lists, product specifications, or other promotional,
marketing, or presentation materials.
REQUEST FOR PRODUCTION NO. 70.
All documents which constitute product definition sheets, trade literature, specification
sheets, technical data sheets, papers, abstracts, speeches, descriptive documents of any kind
concerning any Apple Accused Instrumentality.

17

REQUEST FOR PRODUCTION NO. 71.
Separately for each Apple Accused Instrumentality, a copy of each instruction manual,
service manual, schematic, customer instruction sheet or brochure, product specification, data
sheet, product announcement, press release, text of explanatory article, speech, lecture, or
product roadmap (including, without limitation, information electronically disseminated or made
available).
REQUEST FOR PRODUCTION NO. 72.
All documents that are or have been included with the sale of any Apple Accused
Instrumentality, including, but not limited to, instruction product manuals, data sheets,
installation manuals, retail kits, diagnostic software, installation software, or specifications.
REQUEST FOR PRODUCTION NO. 73.
All business plans including, but not limited to, strategic plans, operating plans,
marketing plans, financial plans, production plans, sales plans and capital or investment plans
that refer or relate to any Apple Accused Instrumentality.
REQUEST FOR PRODUCTION NO. 74.
Two physical samples of each version or model of each Apple Accused Instrumentality,
together with the packaging in which it has been sold or otherwise provided and all
documentation and other things included therein or with it.
REQUEST FOR PRODUCTION NO. 75.
Documents sufficient to show Apple's gross and net sales of the Apple Accused
Instrumentalities for the last seven years.

18

REQUEST FOR PRODUCTION NO. 76.
All documents that Apple contends relate to the amount of damages that Mobility will
claim in this Action and the calculation thereof, including all documents relating to the type of
and rate of damages that Apple contends Mobility has suffered or is owed.
REQUEST FOR PRODUCTION NO. 77.
All documents relating to or evidencing any license (whether express or implied),
covenant not to sue, non-assertion agreement, or the like which Apple contends relates to the
Mobility Asserted Patents.
REQUEST FOR PRODUCTION NO. 78.
All communications concerning one or more of the Mobility Asserted Patents or Related
Applications, including but not limited to communications between Apple and any third party.
REQUEST FOR PRODUCTION NO. 79.
All documents concerning Apple business plans or meetings concerning any of the
Mobility Asserted Patents or Related Applications.
REQUEST FOR PRODUCTION NO. 80.
All documents relating to and/or reflecting communications and meetings between Apple
and any of the Counterclaim-Defendants or any other similarly situated company, including,
without limitation, Elan, HTC, Oracle, Toshiba, Qualcomm, Google, RIM, Microsoft, Nokia,
any LG entity, Sony-Ericsson, Samsung, Kodak, Sharp, or Hitachi, regarding any Apple
Asserted Patents or Mobility Asserted Patents.

19

REQUEST FOR PRODUCTION NO. 81.
All documents and things concerning any of the Counterclaim-Defendants.
REQUEST FOR PRODUCTION NO. 82.
Documents sufficient to show Apple's business structure, including but not limited to
organizational charts and documents concerning the identity of any past or present parent,
division, subsidiary, affiliate, joint venture, partner or other associated organization.
REQUEST FOR PRODUCTION NO. 83.
Documents sufficient to describe Apple's policies or practices with respect to the
retention or destruction of documents, and, if such policy or practice has been different with
respect to any category of documents or over different times, documents sufficient to identify each
such category or time period and to describe Apple's retention policy or practice with respect to
each such category or time period.
REQUEST FOR PRODUCTION NO. 84.
The curriculum vitae of any expert witness that Apple expects to testify in this Action,
review any of Defendants' confidential material, or provide an expert report in this Action.
REQUEST FOR PRODUCTION NO. 85.
All documents responsive to, considered, or relied upon in a response to any
Interrogatory served on Apple in this Action.
REQUEST FOR PRODUCTION NO. 86.
All press releases, securities filings, or other documents directed to current or potential
investors in Apple within the last five years.
REQUEST FOR PRODUCTION NO. 87.
All reports made by Apple to its stockholders within the past five years.

20

REQUEST FOR PRODUCTION NO. 88.
All documents provided to any expert or consultant retained by or on behalf of Apple in
connection with this Action.

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Dated: December 29, 2010

Respectfully submitted,
/s/ Mark D. Baker____________
Edward J. DeFranco
Alexander Rudis
Mark D. Baker
Quinn Emanuel Urquhart & Sullivan, LLP
51 Madison Avenue, 22nd Floor
New York, New York 10010
Tel.: [phone] / Fax: [phone]
Charles K. Verhoeven
Quinn Emanuel Urquhart & Sullivan, LLP
50 California Street, 22nd Floor
San Francisco, California 94111
Tel.: [phone] / Fax: [phone]
David A. Nelson
Quinn Emanuel Urquhart & Sullivan, LLP
500 West Madison Street, Suite 2450
Chicago, Illinois 60661
Tel.: [phone] / Fax: [phone]
Edward M. Mullins
Astigarraga Davis Mullins & Grossman, P.A.
701 Brickell Avenue, 16th Floor
Miami, Florida 33131
Tel.: [phone] / Fax: [phone]
Attorneys for Motorola Mobility, Inc. and
Motorola, Inc.

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on December 29, 2010, I served the following document via
electronic mail on all counsel of record identified on the attached Service List.

___/s/ Mark Baker______
Mark Baker

SERVICE LIST
Motorola Mobility, Inc. versus Apple Inc.
Case No. 1:10cv023580-Civ-UU
United States District Court, Southern District of Florida
Christopher R.J. Pace
[e-mail]
Weil, Gotshal & Manges LLP
1395 Brickell Avenue, Suite 1200
Miami, Florida 33131
Tel.: [phone]
Matthew D. Powers
[e-mail]
Steven S. Cherensky
[e-mail]
Jill J. Ho
[e-mail]
Weil, Gotshal & Manges, LLP
201 Redwood Shores Parkway
Redwood Shores, California 94065-1134
Telephone: [phone]
Mark G. Davis
[e-mail]
Weil, Gotshal & Manges LLP
1300 Eye Street, N.W., Suite 900
Telephone: [phone]
Patricia Young
[e-mail]
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, New York 10153
Telephone: [phone]
[e-mail]
Attorneys for Apple, Inc.
Electronically served via email