`Case 5:19-cv-00036—RWS Document 131-1 Filed 11/16/19 Page 1 of 4 PageID #: 5551
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`EXHIBIT A
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`EXHIBIT A
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`Case 5:19-cv-00036-RWS Document 131-1 Filed 11/16/19 Page 2 of 4 PageID #: 5552
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`1
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` UNITED STATES DISTRICT COURT
` EASTERN DISTRICT OF TEXAS
` TEXARKANA DIVISION
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`5:19-CV-00036-RWS
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`TEXARKANA, TEXAS
`SEPTEMBER 17, 2019
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`)))
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`MAXELL LTD
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`VS.
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`APPLE, INC.
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`____________________________________________________________
` MOTION HEARINGS
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` BEFORE THE HONORABLE ROBERT WILLIAM SCHROEDER, III
` UNITED STATES DISTRICT JUDGE
` Volume 1
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`____________________________________________________________
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`Proceedings reported by stenotype, transcript produced by
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`computer-aided transcription.
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`Case 5:19-cv-00036-RWS Document 131-1 Filed 11/16/19 Page 3 of 4 PageID #: 5553
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`71
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`THE COURT: Let's do it this way.
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`MS. SMITH: Quite frankly, Your Honor, I wasn't
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`concerned with the new things because didn't think I would be
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`asked for the first time ever address new documents. We talked
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`about org charts. We don't have any of those. We talked about
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`licenses, which is a recurring theme. We talked about sales
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`and marketing documents and we talked about policy documents.
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`Those are the categories that were in the motion and categories
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`that we again addressed in the meet and confer.
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`THE COURT: Okay. So, Ms. Smith, let's just
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`take slide, plaintiff's slide I think seven. Mr. Levy, can you
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`put that up? Let's look at those, Ms. Smith, specifically and
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`tell me whether those were discussed.
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`MR. LEVY: I don't know if there's a faster way
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`to do this.
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`you.
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`THE COURT: Well, you are getting there. Thank
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`MS. SMITH: All right. So I am prepared to talk
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`about licensing agreements. We have discussed that in meet and
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`confers. I am prepared to talk about marketing materials.
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`Notably that was an initial complaint on marketing materials.
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`We have started to roll out marketing materials. It might be
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`easier if I just give you, go down the list here and giving you
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`an update. Licensing documents, you know, we're looking at a
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`pool on the Apple side
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`. We have narrowed the pool
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`Case 5:19-cv-00036-RWS Document 131-1 Filed 11/16/19 Page 4 of 4 PageID #: 5554
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`77
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`unconventional. But to give you a flavor, Your Honor, of what
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`the ask is, Maxell has accused six years of Iphones, Ipads,
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`Ipods, Macs, watches
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` So what Maxell has demanded is all
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`licenses for every one of those products plus licenses to
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`reasonably similar products plus all the underlying negotiation
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`documents.
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`What Apple has agreed to produce is licenses that are
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`relevant to the accused functionalities in the case. Not a new
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`idea, one Your Honor has seen many, many times before. And
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`Apple gets to define at least initially the scope of the
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`production. And we're producing based on the technology rather
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`than the products. I'm not aware of any case where Apple has
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`been made to or has voluntarily produced every license on every
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`accused product regardless of scope or time.
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`Again there's also a demand for negotiations. What I just
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`heard the plaintiff say is admittedly, and I wrote this down
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`when they were speaking today, admittedly those are sometimes
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`in the licenses. Again I will go back to the fact that what
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`I'd like to see happen here is after prior to the substantial
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`discovery deadline should the Court impose one and we produce
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`the licenses perhaps they'll see which of licenses they would
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`like more information on. Some of them will in their own words
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`admittedly already have the information they seek to compel
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`today in the licenses themselves.
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