Apple Inc.

Filing 1

COMPLAINT Ex Parte Application for An Order Pursuant to 28 U.S.C. 1782 Granting Leave to Obtain Discovery for Use in Foreign Proceedings and Supporting Memorandum against Apple Inc. ( Filing fee $ 350 receipt number 0540-3410912.), filed by Apple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Declarataion of Christine Saunders Haskett in Support, # 4 Haskett Ex. 1, # 5 Haskett Ex. 2, # 6 Haskett Ex. 3)(Haslam, Robert)

EXHIBIT B

ATTACHMENT A

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ATTACHMENT A
Definitions and Instructions
1. “Ericsson,” “You,” or “Your” means Ericsson Inc. and each predecessor,

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successor, division, subsidiary, parent or related company thereof, whether or not

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organized under the laws of the United States, including but not limited to Ericsson

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Inc.

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2. Motorola means Motorola, Inc., Motorola Mobility, Inc., Motorola Mobility

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Germany GmbH, and each predecessor, successor, division, subsidiary, parent or

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related company thereof, whether or not organized under the laws of the United

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States.
3. “And” and “or” should be interpreted either disjunctively or conjunctively, whichever
gives the request a broader scope.
4. “Document” and/or “Thing” has the broadest definition of document under the Federal

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Rules of Civil Procedure and the cases interpreting those rules, and includes all tangible

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things, all originals (or, if originals are not available, identical copies thereof), all non-

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identical copies of a document, all drafts of final documents, all other written, printed, or

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recorded matter of any kind, and all other data compilations from which information can

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be obtained and translated if necessary, that are or have been in your actual or

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constructive possession, custody or control, regardless of the medium on which they are

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produced, reproduced, or stored (including without limitation computer programs and

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files containing any requested information), and any recording or writing, as these terms

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are defined in Rule 1001 of the Federal Rules of Evidence. Any document bearing

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marks, including without limitation, initials, stamped initials, comments, or notations not

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a part of the original text or photographic reproduction thereof, is a separate document.

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5. “Communication” means and refers to any transmission of information, in any form, via

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any medium, including, without limitation, documents incorporating, summarizing or

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describing the contents of the transmission, meetings and discussions, telephone

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conversations, electronic communications, telegraphic communications, or any

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document containing a recording, transcription, summary or description or identifying

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the time, place, subject matter, medium of transmission and/or participants in the

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transmission.

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6. “Person” includes both natural persons and legal entities, without limitation, including

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all predecessors in interest, groups, associations, partnerships, corporations, agencies, or

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any other legal, business or governmental entity.

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7. “Relating to” and “relate to” mean and include affecting, concerning, constituting,

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dealing with, describing, embodying, evidencing, identifying, involving, providing a

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basis for, reflecting, regarding, respecting, stating or in any manner whatsoever

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pertaining to that subject.

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8. The words “any,” “all,” and “each” shall be construed to mean any, all, each, and every.

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9. “IPR” means intellectual property rights, including patents and patent applications,

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including without limitation European Patents Nos. EP 1 010 336 and EP 1 053 613.

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10. “Wireless Standard” means cellular telecommunications standards or other wireless data

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communications standards, including, but not limited to, the following ETSI and 3GPP

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standards: (1) GSM; (2) GPRS; (3) EDGE; and (4) UMTS.

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11. “Wireless IPR” means any IPR held by Motorola relating to any Wireless Standard.

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12. “Essential Wireless IPR” means any Wireless IPR that has been declared to be essential

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to practice any Wireless Standard; that has been alleged to be essential to practice any

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Wireless Standard; or that is essential, technically or competitively, to practice any

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Wireless Standard.

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13. Whenever you claim that any document or thing responsive to any of the numbered

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requests below is privileged or immune from discovery as work product or unanswerable

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in full for any reason, you should answer the request to the extent that the document or

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thing is not withheld on such grounds and provide, within ten (10) days after objections

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based on privilege to the underlying requests are due, a list providing the number of the

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particular document or thing withheld, and the full identification of any withheld

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document, thing, or portions there of including:

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(1)

its date;

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(2)

the author(s)/sender(s);

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(3)

the recipient(s), including copy recipient(s);

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(4)

the general subject matter of the document;

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(5)

the specific grounds for not answering in full, including the nature of the

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privilege (e.g.”, attorney-client privilege, work product) or other rule of

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law relied upon to withhold the document or thing, and the facts

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supporting those grounds; and
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a certification that all elements of the claimed privilege have been met
and not waived with respect to each document.

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Request for Documents and Things
1. All documents that grant or granted, or purport or purported to grant, to Ericsson any

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rights, protections, or licenses in or to any Motorola IPR—including without limitation

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Motorola Wireless IPR, regardless of whether it is Essential Wireless IPR—that provide

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or provided a covenant not to sue relating to any Motorola IPR, or that otherwise

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authorize or authorized Ericsson to practice any Motorola IPR, including but not limited

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to all agreements, amendments, appendices, attachments, schedules, and addendums.

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2. For each document produced in response to Request No. 1, all non-privileged
Communications with Motorola relating to that document, including Communications

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regarding the negotiation of the document and any Communications regarding any

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efforts to terminate any rights, protections, licenses, covenants not to sue, or other

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authorization provided by the document.

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