Motorola Mobility, Inc. v. Apple, Inc.

Filing 276

NOTICE by Apple, Inc. of Filing Declaration of Jill J. Ho in Support of Apple Inc.'s Motion for Leave to File Amended Answer and Exhibits Thereto (Attachments: # 1 Affidavit Declaration of Jill J. Ho in Support of Apple Inc.'s Motion for Leave to File Amended Answer, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Pace, Christopher)

EXHIBIT K

AO 88A (Rev. 06/09) Subpoena to TestifY at a Deposition in a Civil Action

UNITED STATES DISTRICT COURT
for the
Eastern District of Pennsylvania
Motorola Mobility, Inc.
Plaintiff
V.

Apple, Inc.
Defendant

)
)
)
)
)
)

Civil Action No.

1: 10cv023580-Civ-RNS

(If the action is pending in another district, state where:
Southern District of Florida

SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
To: Comcast Corporation,
c/o Legal Department, One Comcast Center, Philadelphia, PA 19103
~ Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a
deposition to be taken in this civil action. If you are an organization that is not a party in this case, you must designate
one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf about
the following matters, or those set forth in an attachment:
See attached Exhibit A

Place:

Summit Court Reporting
1500 Walnut Street, Suite 1610
Philaelphia, PA 19102

Date and Time:
2115/2012

The deposition will be recorded by this method: Video

-----------------------------------------------

C:: Production:

You, or your representatives, must also bring with you to the deposition the following documents,
electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the
material:

The provisions of Fed. R. Civ. P. 45( c), relating to your protection as a person subject to a subpoena, and Rule
45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are
attached.
Date:

1123/2012
CLERK OF COURT

OR
------ na ure_ _ Cl_e_rk_o_r_D-ep_u ty C_
Sz-.g- -t- _ of _
_ __ le-rk_____

~dfaJf-mthrrv.d.Pid

~

Attorney's signature

Apple, Inc.
The name, address, e-mail, and telephone number of the attorney representing (name ofparty)
Azra Hadzimehmedovic
, who issues or requests this subpoena, are:
Tensegrity Law Group LLP, 555 Twin Dolphin Drive, Suite 360, Redwood Shores, CA 94065
1-650-802-6055; [e-mail]

AO 88A (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action (Page 2)

Civil Action No.

1:10cv023580-Civ-RNS

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
This subpoena for (name of individual and title, if any)
was received by me on (date)

.

I served the subpoena by delivering a copy to the named individual as follows:

on (date)

; or

I returned the subpoena unexecuted because:
.
Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
tendered to the witness fees for one day’s attendance, and the mileage allowed by law, in the amount of
$
My fees are $

.
for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.
Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

.

AO 88A (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action (Page 3)

Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07)
(c) Protecting a Person Subject to a Subpoena.
(1) Avoiding Undue Burden or Expense; Sanctions. A party or
attorney responsible for issuing and serving a subpoena must take
reasonable steps to avoid imposing undue burden or expense on a
person subject to the subpoena. The issuing court must enforce this
duty and impose an appropriate sanction — which may include lost
earnings and reasonable attorney’s fees — on a party or attorney
who fails to comply.
(2) Command to Produce Materials or Permit Inspection.
(A) Appearance Not Required. A person commanded to produce
documents, electronically stored information, or tangible things, or
to permit the inspection of premises, need not appear in person at the
place of production or inspection unless also commanded to appear
for a deposition, hearing, or trial.
(B) Objections. A person commanded to produce documents or
tangible things or to permit inspection may serve on the party or
attorney designated in the subpoena a written objection to
inspecting, copying, testing or sampling any or all of the materials or
to inspecting the premises — or to producing electronically stored
information in the form or forms requested. The objection must be
served before the earlier of the time specified for compliance or 14
days after the subpoena is served. If an objection is made, the
following rules apply:
(i) At any time, on notice to the commanded person, the serving
party may move the issuing court for an order compelling
production or inspection.
(ii) These acts may be required only as directed in the order, and
the order must protect a person who is neither a party nor a party’s
officer from significant expense resulting from compliance.
(3) Quashing or Modifying a Subpoena.
(A) When Required. On timely motion, the issuing court must
quash or modify a subpoena that:
(i) fails to allow a reasonable time to comply;
(ii) requires a person who is neither a party nor a party’s officer
to travel more than 100 miles from where that person resides, is
employed, or regularly transacts business in person — except that,
subject to Rule 45(c)(3)(B)(iii), the person may be commanded to
attend a trial by traveling from any such place within the state where
the trial is held;
(iii) requires disclosure of privileged or other protected matter, if
no exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by
a subpoena, the issuing court may, on motion, quash or modify the

subpoena if it requires:
(i) disclosing a trade secret or other confidential research,
development, or commercial information;
(ii) disclosing an unretained expert’s opinion or information that
does not describe specific occurrences in dispute and results from
the expert’s study that was not requested by a party; or
(iii) a person who is neither a party nor a party’s officer to incur
substantial expense to travel more than 100 miles to attend trial.
(C) Specifying Conditions as an Alternative. In the circumstances
described in Rule 45(c)(3)(B), the court may, instead of quashing or
modifying a subpoena, order appearance or production under
specified conditions if the serving party:
(i) shows a substantial need for the testimony or material that
cannot be otherwise met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably
compensated.
(d) Duties in Responding to a Subpoena.
(1) Producing Documents or Electronically Stored Information.
These procedures apply to producing documents or electronically
stored information:
(A) Documents. A person responding to a subpoena to produce
documents must produce them as they are kept in the ordinary
course of business or must organize and label them to correspond to
the categories in the demand.
(B) Form for Producing Electronically Stored Information Not
Specified. If a subpoena does not specify a form for producing
electronically stored information, the person responding must
produce it in a form or forms in which it is ordinarily maintained or
in a reasonably usable form or forms.
(C) Electronically Stored Information Produced in Only One
Form. The person responding need not produce the same
electronically stored information in more than one form.
(D) Inaccessible Electronically Stored Information. The person
responding need not provide discovery of electronically stored
information from sources that the person identifies as not reasonably
accessible because of undue burden or cost. On motion to compel
discovery or for a protective order, the person responding must show
that the information is not reasonably accessible because of undue
burden or cost. If that showing is made, the court may nonetheless
order discovery from such sources if the requesting party shows
good cause, considering the limitations of Rule 26(b)(2)(C). The
court may specify conditions for the discovery.
(2) Claiming Privilege or Protection.
(A) Information Withheld. A person withholding subpoenaed

information under a claim that it is privileged or subject to
protection as trial-preparation material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld documents,
communications, or tangible things in a manner that, without
revealing information itself privileged or protected, will enable the
parties to assess the claim.
(B) Information Produced. If information produced in response to a
subpoena is subject to a claim of privilege or of protection as trialpreparation material, the person making the claim may notify any
party that received the information of the claim and the basis for it.
After being notified, a party must promptly return, sequester, or
destroy the specified information and any copies it has; must not use
or disclose the information until the claim is resolved; must take
reasonable steps to retrieve the information if the party disclosed it
before being notified; and may promptly present the information to
the court under seal for a determination of the claim. The person
who produced the information must preserve the information until
the claim is resolved.
(e) Contempt. The issuing court may hold in contempt a person
who, having been served, fails without adequate excuse to obey the
subpoena. A nonparty’s failure to obey must be excused if the
subpoena purports to require the nonparty to attend or produce at a
place outside the limits of Rule 45(c)(3)(A)(ii).

EXHIBIT A TO COMCAST'S SUBPOENA
I.

Definitions and Instructions

The following definitions and instructions shall apply to these requests:
1.

The terms "You," "Your," or "Comcast" shall mean Comcast Corporation,

and any and all past and present parent, sister, affiliate, subsidiary, partnership, joint venture,
predecessor-in-interest, successor-in-interest, division, department, corporate subunit, or other
business entity; and any and all past and present officers, directors agents, employees,
consultants, attorneys, and other persons or entities acting or purporting to act on behalf of any of
the foregoing.
2.

The term "Apple" shall mean Apple Inc. and its predecessor, Apple

Computer Inc., and including without limitation all of its corporate locations, and all
predecessors, subsidiaries, parents, and affiliates, and all past or present directors, officers,
agents, representatives, employees, consultants, attorneys, entities acting in joint-venture or
partnership relationships with Apple, and others acting on behalf of Apple.
3.

The term "Motorola Solutions" is defined to mean and refer to Motorola

Solutions, Inc. and all of its corporate locations, and all predecessors, subsidiaries, parents, and
affiliates, including without limitation Motorola, Inc. and all past or present directors, officers,
agents, representatives, employees, consultants, attorneys, entities acting in joint-venture or
partnership relationships with the aforementioned entities, and others acting on their behalf.
4.

The term "Motorola Mobility" shall mean and refer to Motorola Mobility,

Inc. and all of its corporate locations, and all predecessors, subsidiaries, parents, and affiliates,
including without limitation Motorola SpinCo Holdings Corp., and all past or present directors,
officers, agents, representatives, employees, consultants, attorneys, entities acting in jointventure or partnership relationships with the aforementioned entities, and others acting on their
behalf.

1

5.

The term "Motorola" shall mean Motorola, Inc. and Motorola Mobility,

Inc., and all of their corporate locations, and all predecessors, subsidiaries, parents, and affiliates,
including without limitation Motorola SpinCo Holdings Corp. and all past or present directors,
officers, agents, representatives, employees, consultants, attorneys, entities acting in jointventure or partnership relationships with the aforementioned entities, and others acting on their
behalf.
6.

“Motorola Accused Set-Top Box System(s)" shall mean the following

Motorola-manufactured set-top boxes, including associated hardware and software: DCT700,
DCT2500, DCT3400, DCT6412, DCT3080, DCT6200, DCT6208, DCT6400, DCT6412,
DCX700, DCX3200, DCX3200 P2, DCX3400, DCX 3501-M, DCH70, DCH100, DCH200,
DCH3200, DCH3416, DCH6200, DCH6208, DCH6412, DCH6416, DTA100, QIP2500,
QIP2708, QIP6200, QIP6412, QIP6416, QIP7100, QIP7216, DRC800, and any other Motorola
manufactured set-top box.
7.

The term "Software" means all forms of code, including Source Code,

object code, firmware, compiled code, byte code, interpreted code, any form of code stored in
any storage.
8.

The term "Software Module" means a logical grouping of Source Code,

including but not limited to frameworks, libraries, application programming interfaces, layers,
components, and services.
9.

The term "action" is defined to mean the above-captioned case pending

before the United States District Court for the Southern District of Florida, entitled Motorola
Mobility, Inc. v. Apple Inc. and Apple Inc. v. Motorola Inc. and Motorola Mobility Inc., Case No.
1:10cv023580-Civ-RNS.
10.

The term "Apple Patent(s)-in-Suit" shall mean, individually and

collectively, U.S. Patent Nos. 5,583,560, 5,594,509, and 5,621,456.

2

11.

The term "all" shall mean "any and all," so as to bring within the scope of

the requests herein all documents and things that otherwise might be construed to be outside its
scope.
12.

The terms "and" as well as "or" shall be construed disjunctively or

conjunctively as necessary to bring within the scope of a request all information that might
otherwise be construed to be outside its scope
13.

The terms "any" or "each" should be understood to include and encompass

14.

The terms "or" and "including," and similar words of guidance, are merely

"all."

intended as guidance and should not be construed as words of limitation; the word "or," for
example, shall include the word "and," as appropriate, and the word "including" shall not be used
to limit any general category description that precedes it.
15.

If you object that a term or phrase is vague, ambiguous, or indefinite then

provide your understanding of the term or phrase and respond accordingly.
16.

The past tense shall be construed as the present tense or the future tense,

and the future tense as the present or past tense, so as to bring within the scope of the requests
herein all documents or writings that might otherwise be construed to be outside the scope.

3

II.
1.

Topics for Examination

Communications between You and Motorola regarding the design,

implementation, or testing of any interactive programming guide software used with the
Motorola Accused Set-Top Box Systems.
2.

Communications between You and Motorola regarding this action or the

Apple Patents-in-Suit.
3.

Identification of all Motorola Accused Set-Top Box Systems sold, leased,

rented, or otherwise offered by You to Your customers since October 6, 2004, including the
model number of each such set-top box.
4.

For each set-top box identified in Topic 3: (i) the total number of set-top

boxes sold, leased, rented, or otherwise offered; (ii) the date on which you began offering the settop box; (iii) all promotions and marketing materials related to the set-top box; (iv) all remote
controls offered by You to Your customers and intended by You to operate with the set-top box,
including the make, model, and manufacturer of each such remote control.
5.

All Software installed on the Motorola Accused Set-Top Box Systems

offered by You to Your customers that relates to the following functions: picture-in-picture,
providing upcoming program information (e.g., a listing of upcoming television content on an
interactive programming guide such as TV Guide, GuideWorks, iGuide, etc.), and marking or
setting a reminder for an upcoming program.
6.

All Software installed on the Motorola Accused Set-Top Box Systems

offered by You to Your customers that enables or facilitates remote control.
7.

For each Software identified in Topics 5 and 6: (i) whether the Software

was installed by You, Motorola, or another Person; (ii) any application programming interfaces
(APIs) used by the Software; (iii) the model number(s) of the Motorola Accused Set-Top Box
System on which the Software was installed; and (iv) the number of set-top boxes, by model
number, on which the Software was installed.

4

8.

Any design, implementation, or testing, by You, alone or in collaboration

with Motorola or any other Person, of any interactive programming guide included in any
Motorola Accused Set-Top Box Systems.
9.

Any advice, assistance, or other contribution provided by You to Motorola

or any other Person, or received by you from Motorola or any other Person, concerning the
interactive programming guide software used with any Motorola Accused Set-Top Box Systems,
including instructions, tutorials, manuals, or other resources.
10.

Demands, requests, suggestions, or expressed preferences by Your

customers for any interactive programming guide functionality, including picture-in-picture,
television program listings, multiple levels of television program information, and television
program reminders.
11.

All costs, expenses, and payments related to any interactive programming

guide used with any Motorola Accused Set-Top Box System, whether internal to You or directed
toward Persons other than You, since October 6, 2004.

5

AO 888 (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the
Eastern District of Pennsylvania
Motorola Mobility, Inc.
Plaintiff

v.
Apple, Inc.
Defendant

)
)
)
)
)
)

Civil Action No.

1: 1Ocv023 580-Civ-RNS

(If the action is pending in another district, state where:
_ _Southern_ _ District of _ _Florida_ _

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
OR TO PERMIT INSPECTION OF PREMISES IN A CNIL ACTION
To: Comcast Corporation,
c/o Legal Department, One Comcast Center, Philadelphia, PA 19103

1:8 Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the
material:
See attached Exhibit A

Place:

Summit Court Reporting
1500 Walnut Street, Suite 1610
Philaelphia, PA 19102

Date and Time:
2/8/2012 9:00AM

L

Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

IPlace

I Date and Time:

The provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule 45
(d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are attached.
Date:

1123/2012

CLERK OF COURT
OR
- -- SI-g- a _r_ _ C l_er_k_o_r_Depu ty C_e- k___
. n -tu e-of _
__ _ l r

('

'IJ J v

Oflf0v aladtJ~mu:~.vt~ ·c

~

1

Attorney 's signature

The name, address, e-mail, and telephone number of the attorney representing (name ofparty)

Apple, Inc.

Azra Hadzimehmedovic
, who issues or requests this subpoena, are:
Tensegrity Law Group LLP, 555 Twin Dolphin Drive, Suite 360, Redwood Shores, CA 94065
1-650-802-6055; azra@tensegrity lawgroup.com

AO 88B (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)

Civil Action No.

1:10cv023580-Civ-RNS

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
This subpoena for (name of individual and title, if any)
was received by me on (date)

.

I served the subpoena by delivering a copy to the named person as follows:

on (date)

; or

I returned the subpoena unexecuted because:
.
Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
tendered to the witness fees for one day’s attendance, and the mileage allowed by law, in the amount of
$
My fees are $

.
for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.
Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

AO 88B (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)

Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07)
(c) Protecting a Person Subject to a Subpoena.
(1) Avoiding Undue Burden or Expense; Sanctions. A party or
attorney responsible for issuing and serving a subpoena must take
reasonable steps to avoid imposing undue burden or expense on a
person subject to the subpoena. The issuing court must enforce this
duty and impose an appropriate sanction — which may include lost
earnings and reasonable attorney’s fees — on a party or attorney
who fails to comply.
(2) Command to Produce Materials or Permit Inspection.
(A) Appearance Not Required. A person commanded to produce
documents, electronically stored information, or tangible things, or
to permit the inspection of premises, need not appear in person at the
place of production or inspection unless also commanded to appear
for a deposition, hearing, or trial.
(B) Objections. A person commanded to produce documents or
tangible things or to permit inspection may serve on the party or
attorney designated in the subpoena a written objection to
inspecting, copying, testing or sampling any or all of the materials or
to inspecting the premises — or to producing electronically stored
information in the form or forms requested. The objection must be
served before the earlier of the time specified for compliance or 14
days after the subpoena is served. If an objection is made, the
following rules apply:
(i) At any time, on notice to the commanded person, the serving
party may move the issuing court for an order compelling
production or inspection.
(ii) These acts may be required only as directed in the order, and
the order must protect a person who is neither a party nor a party’s
officer from significant expense resulting from compliance.
(3) Quashing or Modifying a Subpoena.
(A) When Required. On timely motion, the issuing court must
quash or modify a subpoena that:
(i) fails to allow a reasonable time to comply;
(ii) requires a person who is neither a party nor a party’s officer
to travel more than 100 miles from where that person resides, is
employed, or regularly transacts business in person — except that,
subject to Rule 45(c)(3)(B)(iii), the person may be commanded to
attend a trial by traveling from any such place within the state where
the trial is held;
(iii) requires disclosure of privileged or other protected matter, if
no exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by
a subpoena, the issuing court may, on motion, quash or modify the
subpoena if it requires:
(i) disclosing a trade secret or other confidential research,
development, or commercial information;
(ii) disclosing an unretained expert’s opinion or information that
does not describe specific occurrences in dispute and results from
the expert’s study that was not requested by a party; or
(iii) a person who is neither a party nor a party’s officer to incur
substantial expense to travel more than 100 miles to attend trial.
(C) Specifying Conditions as an Alternative. In the circumstances
described in Rule 45(c)(3)(B), the court may, instead of quashing or
modifying a subpoena, order appearance or production under
specified conditions if the serving party:
(i) shows a substantial need for the testimony or material that
cannot be otherwise met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably

compensated.
(d) Duties in Responding to a Subpoena.
(1) Producing Documents or Electronically Stored Information.
These procedures apply to producing documents or electronically
stored information:
(A) Documents. A person responding to a subpoena to produce
documents must produce them as they are kept in the ordinary
course of business or must organize and label them to correspond to
the categories in the demand.
(B) Form for Producing Electronically Stored Information Not
Specified. If a subpoena does not specify a form for producing
electronically stored information, the person responding must
produce it in a form or forms in which it is ordinarily maintained or
in a reasonably usable form or forms.
(C) Electronically Stored Information Produced in Only One
Form. The person responding need not produce the same
electronically stored information in more than one form.
(D) Inaccessible Electronically Stored Information. The person
responding need not provide discovery of electronically stored
information from sources that the person identifies as not reasonably
accessible because of undue burden or cost. On motion to compel
discovery or for a protective order, the person responding must show
that the information is not reasonably accessible because of undue
burden or cost. If that showing is made, the court may nonetheless
order discovery from such sources if the requesting party shows
good cause, considering the limitations of Rule 26(b)(2)(C). The
court may specify conditions for the discovery.
(2) Claiming Privilege or Protection.
(A) Information Withheld. A person withholding subpoenaed
information under a claim that it is privileged or subject to
protection as trial-preparation material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld documents,
communications, or tangible things in a manner that, without
revealing information itself privileged or protected, will enable the
parties to assess the claim.
(B) Information Produced. If information produced in response to a
subpoena is subject to a claim of privilege or of protection as trialpreparation material, the person making the claim may notify any
party that received the information of the claim and the basis for it.
After being notified, a party must promptly return, sequester, or
destroy the specified information and any copies it has; must not use
or disclose the information until the claim is resolved; must take
reasonable steps to retrieve the information if the party disclosed it
before being notified; and may promptly present the information to
the court under seal for a determination of the claim. The person
who produced the information must preserve the information until
the claim is resolved.
(e) Contempt. The issuing court may hold in contempt a person
who, having been served, fails without adequate excuse to obey the
subpoena. A nonparty’s failure to obey must be excused if the
subpoena purports to require the nonparty to attend or produce at a
place outside the limits of Rule 45(c)(3)(A)(ii).

EXHIBIT A TO COMCAST'S SUBPOENA
I.

Definitions and Instructions

The following definitions and instructions shall apply to these requests:
1.

The terms "You," "Your," or "Comcast" shall mean Comcast Corporation,

and any and all past and present parent, sister, affiliate, subsidiary, partnership, joint venture,
predecessor-in-interest, successor-in-interest, division, department, corporate subunit, or other
business entity; and any and all past and present officers, directors agents, employees,
consultants, attorneys, and other persons or entities acting or purporting to act on behalf of any of
the foregoing.
2.

The term "Apple" shall mean Apple Inc. and its predecessor, Apple

Computer Inc., and including without limitation all of its corporate locations, and all
predecessors, subsidiaries, parents, and affiliates, and all past or present directors, officers,
agents, representatives, employees, consultants, attorneys, entities acting in joint-venture or
partnership relationships with Apple, and others acting on behalf of Apple.
3.

The term "Motorola Solutions" is defined to mean and refer to Motorola

Solutions, Inc. and all of its corporate locations, and all predecessors, subsidiaries, parents, and
affiliates, including without limitation Motorola, Inc. and all past or present directors, officers,
agents, representatives, employees, consultants, attorneys, entities acting in joint-venture or
partnership relationships with the aforementioned entities, and others acting on their behalf.
4.

The term "Motorola Mobility" shall mean and refer to Motorola Mobility,

Inc. and all of its corporate locations, and all predecessors, subsidiaries, parents, and affiliates,
including without limitation Motorola SpinCo Holdings Corp., and all past or present directors,
officers, agents, representatives, employees, consultants, attorneys, entities acting in jointventure or partnership relationships with the aforementioned entities, and others acting on their
behalf.

1

5.

The term "Motorola" shall mean Motorola, Inc. and Motorola Mobility,

Inc., and all of their corporate locations, and all predecessors, subsidiaries, parents, and affiliates,
including without limitation Motorola SpinCo Holdings Corp. and all past or present directors,
officers, agents, representatives, employees, consultants, attorneys, entities acting in jointventure or partnership relationships with the aforementioned entities, and others acting on their
behalf.
6.

“Motorola Accused Set-Top Box System(s)" shall mean the following

Motorola-manufactured set-top boxes, including associated hardware and software: DCT700,
DCT2500, DCT3400, DCT6412, DCT3080, DCT6200, DCT6208, DCT6400, DCT6412,
DCX700, DCX3200, DCX3200 P2, DCX3400, DCX 3501-M, DCH70, DCH100, DCH200,
DCH3200, DCH3416, DCH6200, DCH6208, DCH6412, DCH6416, DTA100, QIP2500,
QIP2708, QIP6200, QIP6412, QIP6416, QIP7100, QIP7216, DRC800, and any other Motorola
manufactured set-top box.
7.

The term "Software" means all forms of code, including Source Code,

object code, firmware, compiled code, byte code, interpreted code, any form of code stored in
any storage.
8.

The term "Software Module" means a logical grouping of Source Code,

including but not limited to frameworks, libraries, application programming interfaces, layers,
components, and services.
9.

The term "action" is defined to mean the above-captioned case pending

before the United States District Court for the Southern District of Florida, entitled Motorola
Mobility, Inc. v. Apple Inc. and Apple Inc. v. Motorola Inc. and Motorola Mobility Inc., Case No.
1:10cv023580-Civ-RNS.
10.

The term "Apple Patent(s)-in-Suit" shall mean, individually and

collectively, U.S. Patent Nos. 5,583,560, 5,594,509, and 5,621,456.

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11.

The term "all" shall mean "any and all," so as to bring within the scope of

the requests herein all documents and things that otherwise might be construed to be outside its
scope.
12.

The terms "and" as well as "or" shall be construed disjunctively or

conjunctively as necessary to bring within the scope of a request all information that might
otherwise be construed to be outside its scope
13.

The terms "any" or "each" should be understood to include and encompass

14.

The terms "or" and "including," and similar words of guidance, are merely

"all."

intended as guidance and should not be construed as words of limitation; the word "or," for
example, shall include the word "and," as appropriate, and the word "including" shall not be used
to limit any general category description that precedes it.
15.

You are required to respond to these requests for production drawing upon

all materials in your actual or constructive possession, custody, or control, including materials
that you have a right to secure from any other source. These sources include (but are not limited
to) your attorneys, agents, officers, and employees.
16.

In the event that you make a proper and timely objection to any individual

document production request or a portion thereof, please respond to all portions of that request
that do not fall within the ambit of your objection.
17.

Documents from any single file should be produced in the same order they

were found in such file. If copies of documents are produced in lieu of the originals, such copies
should be legible and bound or stapled in the same manner as the original.
18.

For any document request that is objected to on the ground of privilege,

the work product doctrine or any other purported privilege or immunity from discovery or right
of privacy, please provide the following information: (a) the basis for the objection sufficient to
establish the privilege or doctrine asserted; (b) a brief identification and description of the

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withheld document, to the extent it can be done without violating such privilege or doctrine,
including:
(i)
(ii)

date;

(iii)

title;

(iv)

subject matter;

(v)

name(s) of author or signer; and

(vi)
19.

the type of document (e.g., letter, memorandum, notes, reports,
etc.);

name(s) of all recipients.

If you object that a term or phrase is vague, ambiguous, or indefinite then

provide your understanding of the term or phrase and respond accordingly.
20.

These requests include all attachments to the specifically described

documents, along with envelopes, explanatory notes, memoranda and all other such material that
accompanied the document. If the specific document requested elicited a response, that response
is included in the category of requested documents. If the document itself was a response, the
document to which it is responding is included in the category of requested documents.
21.

The past tense shall be construed as the present tense or the future tense,

and the future tense as the present or past tense, so as to bring within the scope of the requests
herein all documents or writings that might otherwise be construed to be outside the scope.

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II.
1.

Categories of Documents to be Produced

Documents sufficient to describe all communications between You and

Motorola regarding the design, implementation, or testing of any interactive programming guide
software used with the Motorola Accused Set-Top Box Systems.
2.

Documents sufficient to describe any communications between You and

Motorola regarding this action or the Apple Patents-in-Suit.
3.

Documents sufficient to identify all Motorola Accused Set-Top Box

Systems sold, leased, rented, or otherwise offered by You to Your customers since October 6,
2004, including the model number of each such set-top box.
4.

For each set-top box identified in Topic 3, documents sufficient to

describe: (i) the total number of set-top boxes sold, leased, rented, or otherwise offered; (ii) the
date on which you began offering the set-top box; (iii) all promotions and marketing materials
related to the set-top box; (iv) all remote controls offered by You to Your customers and
intended by You to operate with the set-top box, including the make, model, and manufacturer of
each such remote control.
5.

Documents sufficient to describe all Software installed on the Motorola

Accused Set-Top Box Systems offered by You to Your customers that relates to the following
functions: picture-in-picture, providing upcoming program information (e.g., a listing of
upcoming television content on an interactive programming guide such as TV Guide,
GuideWorks, iGuide, etc.), and marking or setting a reminder for an upcoming program.
6.

Documents sufficient to describe all Software installed on the Motorola

Accused Set-Top Box Systems offered by You to Your customers that enables or facilitates
remote control.
7.

For each Software identified in Topics 5 and 6, documents sufficient to

describe: (i) whether the Software was installed by You, Motorola, or another Person; (ii) any
application programming interfaces (APIs) used by the Software; (iii) the model number(s) of

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the Motorola Accused Set-Top Box System on which the Software was installed; and (iv) the
number of set-top boxes, by model number, on which the Software was installed.
8.

Documents sufficient to describe any design, implementation, or testing,

by You, alone or in collaboration with Motorola or any other Person, of any interactive
programming guide included in any Motorola Accused Set-Top Box Systems.
9.

Documents sufficient to describe any advice, assistance, or other

contribution provided by You to Motorola or any other Person, or received by you from
Motorola or any other Person, concerning the interactive programming guide software used with
any Motorola Accused Set-Top Box Systems, including instructions, tutorials, manuals, or other
resources.
10.

Documents sufficient to describe any demands, requests, suggestions, or

expressed preferences by Your customers for any interactive programming guide functionality,
including picture-in-picture, television program listings, multiple levels of television program
information, and television program reminders.
11.

Documents sufficient to describe all costs, expenses, and payments related

to any interactive programming guide used with any Motorola Accused Set-Top Box System,
whether internal to You or directed toward Persons other than You, since October 6, 2004.

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