Motorola Mobility, Inc. v. Apple, Inc.

Filing 323

MOTION to Amend/Correct the Procedural Schedule by Apple, Inc.. Responses due by 5/4/2012 (Attachments: # 1 Affidavit Declaration of Mark G. Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Supplement Notice of Filing Under Seal, # 10 Text of Proposed Order Proposed Order Granting Motion to Amend Procedural Schedule)(Pace, Christopher)

EXHIBIT F

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.

MOTOROLA MOBILITY, INC.’S FOURTH NOTICE OF DEPOSITION OF APPLE
INC. PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 30(b)(6)
PLEASE TAKE NOTICE THAT, pursuant to Rule 30(b)(6) of the Federal Rules of Civil
Procedure, Plaintiff and Counterclaim Defendant Motorola Mobility, Inc. (“Mobility”) will
depose Plaintiff Apple Inc. (“Apple”) on April 26, 2012, beginning at 9:00 A.M. and continuing
from day-to-day thereafter, excluding Saturdays, Sundays, and holidays, until completed. The
deposition shall take place at Quinn Emanuel Urquhart & Sullivan, LLP, 555 Twin Dolphin

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Drive, Fifth Floor, Redwood Shores, CA 94065, or according to alternative arrangements upon
which counsel jointly agree. The deposition shall be recorded by videotape, audiotape, and
stenographic recording.
Apple shall designate one or more of its officers, directors, managing agents, or other
persons who consent to testify on Apple’s behalf as to all matters known or reasonably available
to Apple with respect to the Topics of Examination set forth in the attached Exhibit. For each
person designated, Apple shall advise counsel for Mobility of the identity of that person and the
topic(s) on which that person shall testify at least one week in advance of the deposition. Apple
shall also produce all relevant documents in that person's possession at least one week in advance
of the deposition.
EXHIBIT
DEFINITIONS AND INSTRUCTIONS
Mobility hereby incorporates by reference all Definitions and Instructions set forth in
Mobility's First Notice of Deposition of Apple, Inc. Pursuant to Federal Rule of Civil Procedure
30(b)(6) served on July 27, 2011.
TOPICS OF EXAMINATION
105.

The authorization, validation, or other authentication of any applications opened,

downloaded from, or otherwise existing on, executable by users of, used by, or purchased from
the Apple Application (“App”) Store, including but not limited to in-app purchases.
106.

The purchase, download, and installation of applications purchased, acquired,

and/or downloaded from the Apple App Store, including but not limited to in-app purchases.
107.

The revenues, costs, and profits from Apple's Enterprise Application Program.

108.

Past and present projections of revenues, costs, and profits from Apple's

Enterprise Application Program.

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109.

The alerts, notifications, indications, or signals that an Apple iOS device outputs

when it receives an SMS message, including but not limited to when and whether an address
book check is performed in response to the receipt of the SMS message.
Respectfully submitted,

Dated: April 11, 2012

MOTOROLA SOLUTIONS, INC. (f/k/a
MOTOROLA, INC.) AND MOTOROLA
MOBILITY, INC.
By:

/s/ David Perlson
David Perlson

Charles K. Verhoeven
David Perlson
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Edward M. Mullins (863920)
Astigarraga Davis Mullins & Grossman, P.A.
701 Brickell Avenue, 16th Floor
Miami, Florida 33131
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Edward J. DeFranco
Raymond Nimrod
Quinn Emanuel Urquhart & Sullivan, LLP
51 Madison Avenue, 22nd Floor
New York, New York 10010
Phone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
David A. Nelson
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
500 West Madison St., Ste. 2450
Chicago, IL 60661

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Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Marshall Searcy
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
865 S. Figueroa St., 10th Floor
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff and CounterclaimDefendants Motorola Solutions, Inc. and
Motorola Mobility, Inc.

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on February 6, 2012, I served the foregoing document via
electronic mail on all counsel of record identified on the attached Service List.

/s/ Matthew O. Korhonen
Matthew O. Korhonen

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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
Christopher R.J. Pace
[e-mail]
Weil, Gotshal & Manges LLP
1395 Brickell Avenue, Suite 1200
Miami, Florida 33131
Tel.: [phone] / Fax: [phone]
Attorneys for Apple, Inc.
Electronically served via e-mail
Of Counsel:
Matthew D. Powers
[e-mail]
Steven S. Cherensky
[e-mail]
WEIL, GOTSHAL & MANGES LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]
Mark G. Davis
[e-mail]
WEIL, GOTSHAL & MANGES LLP
1300 Eye Street, N.W., Suite 900
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Robert T. Haslam
[e-mail]
COVINGTON & BURLING LLP
333 Twin Dolphin Drive, Suite 700
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]

Robert D. Fram
[e-mail]
Christine Saunders Haskett
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[e-mail]
COVINGTON & BURLING LLP
One Front Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Apple, Inc.
Electronically served via e-mail

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