Apple, Inc. v. Motorola, Inc. et al

Filing 63

Motion to Compel Discovery Regarding Certain Asserted Patents by Plaintiffs Apple, Inc., NEXT SOFTWARE, INC.. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 3/11/2011. (Peterson, James)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

APPLE INC. and NEXT SOFTWARE, INC. (f/k/a NEXT COMPUTER, INC.), Plaintiffs, v. MOTOROLA, INC. and MOTOROLA MOBILITY, INC., Defendants.

Case No. 10-CV-00662-BBC

APPLE'S MOTION TO COMPEL DISCOVERY REGARDING CERTAIN ASSERTED PATENTS

MOTION TO COMPEL
US_ACTIVE:\43646691\03\15096.0038

Case No. 10-CV-00662-BBC

Plaintiffs Apple Inc. and NeXT Software, Inc. (collectively "Apple") hereby move this Court for an order, pursuant to Fed. R. Civ. P. 37(a) and this Court's inherent powers, to compel discovery from Motorola Mobility, Inc. and Motorola Solutions, Inc. (collectively "Motorola") regarding U.S. Patent Nos. RE 39,486; 6,424,354; 6,343,263; 6,275,983; 5,969,705; 5,946,647; 5,929,852; 5,915,131; 5,566,337; 5,519,867; 5,481,721; and 5,455,599. This motion is supported by "Apple's Memorandum in Opposition to Motorola's Motion to Stay Certain Discovery Pending Resolution of Their Motion to Dismiss or Sever and Transfer and in Support of Apple's Motion to Compel Discovery Regarding Certain Asserted Patents" as well as the accompanying Declaration of Steven S. Cherensky and exhibits thereto (filed concurrently with this motion). The accompanying memorandum and declaration also serve as Apple's opposition to Motorola's "Motion to Stay Certain Discovery Pending Resolution of Their Motion to Dismiss or Sever and Transfer" (D.I. 59). Apple hereby certifies that it met and conferred with Motorola telephonically on February 18, February 25, March 1, and March 2, but has been unable to resolve this dispute despite good faith efforts to do so.

MOTION TO COMPEL
US_ACTIVE:\43646691\03\15096.0038

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Case No. 10-CV-00662-BBC

Dated: March 4, 2011

Respectfully submitted,

s/ James D. Peterson James Donald Peterson (#1022819) [e-mail] One East Main Street, Suite 500 P.O. Box 2719 Madison, WI 53701-2719 Telephone: [phone] Facsimile: [phone] Matthew D. Powers [e-mail] Steven S. Cherensky [e-mail] Jill J. Ho [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, NW, Suite 900 Washington, DC 20005 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff APPLE INC.

MOTION TO COMPEL
US_ACTIVE:\43646691\03\15096.0038

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Case No. 10-CV-00662-BBC

CERTIFICATE OF SERVICE I hereby certify that on March 4, 2011, I caused these documents to be electronically filed with the Clerk of Court using the ECF system, which will make these documents available to all counsel of record for viewing and downloading from the ECF system. · · APPLE'S MOTION TO COMPEL CERTAIN ASSERTED PATENTS; DISCOVERY REGARDING

APPLE'S MEMORANDUM IN OPPOSITION TO MOTOROLA'S MOTION TO STAY CERTAIN DISCOVERY PENDING RESOLUTION OF THEIR MOTION TO DISMISS OR SEVER AND TRANSFER AND IN SUPPORT OF APPLE'S MOTION TO COMPEL DISCOVERY REGARDING CERTAIN ASSERTED PATENTS; and DECLARATION OF STEVEN S. CHERENSKY IN SUPPORT OF APPLE'S MEMORANDUM IN OPPOSITION TO MOTOROLA'S MOTION TO STAY CERTAIN DISCOVERY PENDING RESOLUTION OF THEIR MOTION TO DISMISS OR SEVER AND TRANSFER AND IN SUPPORT OF APPLE'S MOTION TO COMPEL DISCOVERY REGARDING CERTAIN ASSERTED PATENTS [FILED UNDER SEAL].

·

s/ James D. Peterson James D. Peterson

MOTION TO COMPEL
US_ACTIVE:\43646691\03\15096.0038

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Case No. 10-CV-00662-BBC