Motorola Mobility, Inc. v. Apple, Inc.

Filing 281

NOTICE by Apple, Inc. Notice of Filing of Declaration of Jill J. Ho in Support of Apple Inc.'s Motion to Compel Further Responses to Interrogatories Regarding Set-Top Box Patents (Nos. 19-22) and Exhibits Thereto (Attachments: # 1 Affidavit Declaration of Jill J. Ho in Support of Apple's Motion to Compel Further Responses to Interrogatories Regarding Set-Top Box Patents (Nos. 19-22), # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit I, # 4 Exhibit Exhibit J, # 5 Exhibit Exhibit K, # 6 Exhibit Exhibit L)(Pace, Christopher)

EXHIBIT J

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 THIRD NOTICE OF DEPOSITION OF
MOTOROLA MOBILITY, INC.

PLEASE TAKE NOTICE that, pursuant to Rule 30(b)(6) of the Federal
Rules of Civil Procedure, Apple Inc. (“Apple”) will take the deposition of Motorola
Mobility, Inc. (“Mobility”) on February 16, 2012 at 9:00 a.m. at the offices of Weil,
Gotshal & Manges, LLP, 201 Redwood Shores Parkway, Redwood Shores, CA 94065, or

at such other time and place as the parties mutually agree. The deposition will continue
from day to day until completed, Saturdays, Sundays, and holidays excepted.
The deposition will be taken before a court reporter or other person
authorized by law to administer oaths, and it will be recorded by stenographic means
and/or videotape. The deposition will be taken for the purpose of discovery, for use in
summary judgment briefing or at trial in this matter, and for any other purpose permitted
under the Federal Rules of Civil Procedure. The scope of this deposition will likely
include questions relating to information that has been designated “Confidential Business
Information” as that term is defined in the Protective Order for this action.
Pursuant to Rule 30(b)(6), Defendants shall designate a witness or
witnesses to appear and testify at the taking of a deposition on each of the topics set forth
below. Mobility shall identify the person(s) who will testify on its behalf pursuant to this
notice and the matter(s) about which each person will testify no less than five calendar
days prior to the date of their deposition. To the extent that Mobility intends to rely on
any documents or information not yet produced in this Investigation, those documents or
that information shall be produced no less than five calendar days prior to the date for the
expected testimony.
DEFINITIONS
A.

“You,” “Your,” “Mobility,” and “Motorola Mobility” is defined to

mean and refer to Defendant 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,

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employees, consultants, attorneys, entities acting in joint-venture or partnership
relationships with the aforementioned entities, and others acting on their behalf.
B.

“Motorola Solutions” is defined to mean and refer to Defendant

Motorola Solutions, Inc. and all of its corporate locations, and all predecessors,
subsidiaries, parents, and affiliates, including without limitation Motorola, Inc., the
Mobile Devices segment of 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.
C.

“Apple” shall mean Plaintiff 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.
D.

“Action” shall 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 Mobility, Inc. and Motorola Inc., Case No.
1:10cv023580-Civ-UU.
E.

“Apple Patent(s)-in-Suit” shall mean, individually and collectively, U.S.

Patent Nos. 5,583,560, 5,594,509, 5,621,456, 6,282,646, 7,380,116, and 7,657,849.
F.

“Apple Asserted Claim(s)” shall mean, individually and collectively, the

claims of the Apple Patents-in-Suit identified in Apple’s Supplemental Response to
Interrogatory No. 6, served May 18, 2011.

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G.

“Motorola Accused Set-Top Box(es)” shall mean all set-top boxes,

including but not limited to DVR boxes, that provide or operate in conjunction with an
interactive user interface for managing or selecting programs or services (e.g., TV
programs or DVR functions), and associated hardware, including remote control devices,
and software, including user interfaces and other application software designed for use on,
and loaded onto, such devices that are designed, made, used, developed, researched,
tested, sold, offered for sale, manufactured, or imported by or at the direction of You,
including but not limited to: DCT700, DCT2500, DCT3400, DCT3412, DCT3080,
DCT6200, DCT6208, DCT6400, DCT6412, DCX700, DCX3200, DCX3200 P2,
DCX3400, DCH70, DCH100, DCH200, DCH3200, DCH3416, DCH6200, DCH6416,
DTA100, QIP2500, QIP2708, QIP6200, QIP6416, QIP7100, and QIP7216.
H.

“Arbitration” shall mean Association Action in San Francisco,

California between StarSight Telecast, Inc., and General Instrument, Case No. 74 181
00445 97 (“Arbitration”).
I.

“Gemstar Litigation” shall mean Gemstar Development Corp. and Index

Systems Inc. v. General Instrument Corp., 1:99-CV-1276-WBH (N.D. Ga.) and General
Instrument Corporation v. Starsight Telecast, Inc., C-002790 WHA (N.D. Cal.).
TOPICS
79. The Arbitration, including but not limited to, Your defenses against patent
infringement claims, any evaluations of the patents-in-suit, any evaluations of the
monetary value of the technology at issue, the bases for any settlement paid, and the
settlement agreement(s).

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80. The Gemstar Litigation, including but not limited to, Your defenses against
patent infringement claims, any evaluations of the patents-in-suit, any evaluations of the
monetary value of the technology at issue, the bases for any settlement paid, and the
settlement agreement(s).
81. Changes in Your corporate structure or changes in the division of work
responsibilities within Your corporate structure as a result of the Arbitration or the
Gemstar Litigation, including but not limited to, a reorganization of Your testing and
development divisions relating to Set-Top Boxes or interactive or electronic program
guides.
82. Any plans or strategies, whether executed or not, to reorganize Your corporate
structure, to reorganize the division of work responsibilities and work activities within
Your corporate structure, or to change how You sell or provide the Motorola Accused
Set-Top Boxes for the purpose of avoiding potential liability relating to selling, offering
for sale, testing, or otherwise using set-top boxes with interactive or electronic
programming guides, such as actions taken in light of or in relation to any patents,
including but not limited to the Apple Patents-In-Suit.
83. Motorola Mobility’s corporate relationship to and financial relationship with
Motorola Broadband.
84. Motorola Mobility’s corporate relationship to and financial relationship with
Motorola's Acadia Application Integration Center.

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85. Your joint development activities with or any assistance provided by You to
Motorola's Acadia Integration Application Center relating to interactive or electronic
programming guides, including but not limited to, the integration of Your firmware with
interactive or electronic programming guides and the testing of Your firmware with
interactive or electronic programming guides.
86. For each version of Your firmware that runs, executes, or is provided with
each “Motorola Accused Set-Top Box,” the functions thereof including, but not limited
to, the application programming interfaces (APIs), such as the APIs relating to picture-inpicture functionality, to controlling the set-top box hardware tuners, to controlling the settop box’s DVR (digital video recorder) functionality, to outputting graphic overlays to
the display (e.g., TV), and to writing to and reading from memory in the set-top box.
87. The differences between each version of Your firmware that runs, executes, or
is provided with each “Motorola Accused Set-Top Box,” including, but not limited to, the
differences in the application programming interfaces (APIs), such as the APIs relating to
picture-in-picture functionality, to controlling the set-top box hardware tuners, to
controlling the DVR (digital video recorder) functionality, to outputting graphic overlays
to the display (e.g., TV), and to writing and reading from memory in the set-top box.

Dated: February 1, 2012

WEIL, GOTSHAL & MANGES LLP
By:

/s/ J. Jason Lang
J. Jason Lang
Attorneys for Apple Inc.

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on Februrary 1, 2012, I served the foregoing
document via electronic mail on all counsel of record identified on the attached Service
List.

/s/ J. Jason Lang
J. Jason Lang

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SERVICE LIST
Motorola Mobility, Inc. versus Apple Inc.
Case No. 1:10cv023580-Civ-UU
United States District Court, Southern District of Florida

Edward M. Mullins
Fla. Bar No. 863920
[e-mail]
ASTIGARRAGA DAVIS MULLINS & GROSSMAN, P.A.
701 Brickell Avenue, 16th Floor
Miami, FL 33131
Telephone: [phone]
Facsimile: [phone]
Of Counsel:
Charles K. Verhoeven
David A. Perlson
Anthony Pastor
QUINN EMANUEL URQUHART & SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, CA 93111
[phone]
Raymond N. Nimrod
Edward J. DeFranco
QUINN EMANUEL URQUHART & SULLIVAN, LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
[phone]
David A. Nelson
QUINN EMANUEL URQUHART & SULLIVAN, LLP
500 West Madison Street, Suite 2450
Chicago, IL 60661
[phone]
[e-mail]
Attorneys for Motorola Mobility, Inc. and Motorola, Inc.
Electronically served via email

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