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 K
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 FOURTH 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 March 13, 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
88. The procurement, use, testing, and maintenance of any interactive
programming guide (IPG) or electronic programming guide software (EPG), whether in
executable or machine-readable form, that was at any time in Your possession or control
since October 6, 2004.
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89. Assistance, technical support, software development kits, hardware,
manuals, or other information provided by You to Guideworks, LLC, Macrovision
Solutions Corporation, Rovi Corp., Microsoft Corp., Gemstar-TV Guide International,
Inc., and/or Aptiv Digital, Inc. since October 6, 2004 that relates to the Accused Motorola
Set-Top Boxes or to the design, development, support, or testing of interactive
programming guides (IPGs) or electronic programming guides (EPGs).
90. Testing by You or on Your behalf of any Motorola Accused Set-Top
Box in conjunction with interactive programming guide (IPG) software or electronic
programming guide (EPG) software that is made or provided by any of Guideworks,
LLC, Macrovision Solutions Corporation, Rovi Corp., Microsoft Corp., Gemstar-TV
Guide International, Inc., and Aptiv Digital, Inc.
91. Assistance, technical support, software kits, hardware, manuals, or
other information provided by You since October 6, 2004 to any entity that makes,
provides, designs, or develops any hardware or software that controls or is capable of
controlling any Accused Motorola Set-Top Box.
Dated: February 8, 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 8, 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- RNS
United States District Court, Southern District of Florida
Edward M. Mullins
Fla. Bar No. 863920
emullins@astidavis.com
ASTIGARRAGA DAVIS MULLINS & GROSSMAN, P.A.
701 Brickell Avenue, 16th Floor
Miami, FL 33131
Telephone: (305) 372-8282
Facsimile: (305) 372-8202
Of Counsel:
Charles K. Verhoeven
David A. Perlson
Anthony Pastor
QUINN EMANUEL URQUHART & SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, CA 93111
(415) 875-6600
Raymond N. Nimrod
Edward J. DeFranco
QUINN EMANUEL URQUHART & SULLIVAN, LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
(212) 849-7000
David A. Nelson
QUINN EMANUEL URQUHART & SULLIVAN, LLP
500 West Madison Street, Suite 2450
Chicago, IL 60661
(312) 705-7400
Moto-Apple-SDFL@quinnemanuel.com
Attorneys for Motorola Mobility, Inc. and Motorola, Inc.
Electronically served via email
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