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Case 5:19-cv-00036-RWS Document 271 Filed 04/08/20 Page 1 of 6 PageID #: 9893
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`
`
`v.
`
`APPLE INC.,
`
`Plaintiff,
`
`Defendant.
`
`Case No. 5:19-cv-0036-RWS
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`MAXELL, LTD.’S REPORT REGARDING
`MAXELL LTD.’S MOTION TO COMPEL (D.I. 197)
`
`
`On April 2, 2020, following completion of briefing on Plaintiff Maxell, Ltd.’s (“Maxell”)
`
`Motion to Compel (D.I. 197), Maxell and Defendant Apple Inc. (“Apple”) held a meet and confer
`
`to discuss the status of each issue raised in Maxell’s Motion. To ensure the Court does not expend
`
`resources on issues that Maxell views as resolved, Maxell hereby provides the following update
`
`regarding the status of each issue raised in its Motion based on Apple’s productions, briefing, and
`
`the meet and confer:
`
`I.
`
`Apple’s Production of Technical Documents
`
`• Complete Schematics: Request for schematics resolved by 3/31/20 letter linking
`produced schematics to accused products. Request for block diagrams unresolved.
`
`• Documents Describing Cellular Functionalities
`o
`o
`
`: Unresolved.
`
`3/31/20 production.
`o Documents cited in
`o
`
`: Resolved by
`
`: Unresolved.
`
`: Resolved subject to
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`Case 5:19-cv-00036-RWS Document 271 Filed 04/08/20 Page 2 of 6 PageID #: 9894
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`
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`Apple’s agreement to perform an additional search for and/or provide
`clarification regarding these documents.
`
`•
`
` Code
`
`o
`
` Source Code: Resolved by 2/28/20 clarification in Apple’s
`Opposition.
`o Complete
` datasheets: Unresolved. At Apple’s request, Maxell
`provided a listing of the incomplete documents for which complete versions are
`requested on 4/3/20, but Apple has not yet confirmed whether it will perform an
`additional search for the documents.
`
`•
`
`o
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`o
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`o
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`o
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`production.
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` Specifications
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`: Resolved by 3/25/20
`
`: Unresolved.
`
`Resolved by 3/12, 3/20 and 3/31/20 productions.
`
`:
`
`
`: Unresolved.
`
`o Complete versions of specifications/datasheets
`
`
`
`: Unresolved. At Apple’s request,
`Maxell provided a listing of the incomplete documents for which complete
`versions are requested on 4/3/20, but Apple has not yet confirmed whether it will
`perform an additional search for the documents.
`
`
`
`• Testing Documents. Unresolved.
`
`•
`
`o Complete user manuals
`o
`• Technical Specifications /
`
`o
`
`
`
`: Unresolved.
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`
`
`
`
`: Unresolved.
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`PUBLIC
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`PUBLIC
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`PUBLIC
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`Case 5:19-cv-00036-RWS Document 271 Filed 04/08/20 Page 3 of 6 PageID #: 9895
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`
`
`
`: Unresolved.
`
`
`
`o
`
`. Resolved by 3/16/20 production and 3/31/20
`representation of completion.
`o Full version of the document produced at APL-MAXELL_01206870 (
`
`): Resolved subject to Apple’s
`agreement to perform an additional search for this document.
`o “
`.”: Resolved subject to Apple’s agreement to
`perform an additional search for this document.
`o “
`”: Resolved subject to Apple’s agreement to
`perform an additional search for this document.
`o Documents saved at
` for the Accused ’493
`Products and the Accused ’794 Products: Unresolved.
`o Documentation related to
`. Unresolved.
`
`. Resolved by 3/31/20 production.
`
`
`
`•
`
`• Source Code. Resolved by 3/18/20 production and subject to Apple’s agreement to
` available for inspection when conditions permit.
`make
`
`• Redacted Documents. Unresolved.
`
`II.
`
`Apple’s Production of Documents on Source Code Computer.
`o Production of Documents Apple Has Identified as Not Containing Source Code:
`Resolved by Apple’s representation that it has produced all such documents in the
`ordinary course of discovery (i.e., not just on the source code computer).
`o Production of Documents Apple Has Identified as Containing Source Code:
`Unresolved.
`o Production of documents that Maxell has requested be produced in the ordinary
`course in native format: Unresolved.
`
`III. Apple’s Production of Non-Technical Documents
`o Forecasts: Unresolved.
`o Licenses: Unresolved.
`o Marketing Surveys: Resolved by 2/20/20 production.
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`Case 5:19-cv-00036-RWS Document 271 Filed 04/08/20 Page 4 of 6 PageID #: 9896
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`
`
`
`o Prior Litigation Documents: Unresolved.
`IV. Apple’s Request for Costs and Sanctions. Unresolved.
`
`
`
`Dated: April 6, 2020
`
`
`
`
`
`By:
`
`/s/ Jamie B. Beaber
`
`Geoff Culbertson
`Kelly Tidwell
`Patton, Tidwell & Culbertson, LLP
`2800 Texas Boulevard (75503)
`Post Office Box 5398
`Texarkana, TX 75505-5398
`Telephone: (903) 792-7080
`Facsimile: (903) 792-8233
`gpc@texarkanalaw.com
`kbt@texarkanalaw.com
`
`Jamie B. Beaber
`Alan M. Grimaldi
`Kfir B. Levy
`James A. Fussell, III
`Baldine B. Paul
`Tiffany A. Miller
`Saqib Siddiqui
`Bryan Nese
`William J. Barrow
`Alison T. Gelsleichter
`Clark S. Bakewell
`MAYER BROWN LLP
`1999 K Street, NW
`Washington, DC 20006
`Telephone: (202) 263-3000
`Facsimile: (202) 263-3300
`jbeaber@mayerbrown.com
`agrimaldi@mayerbrown.com
`klevy@mayerbrown.com
`jfussell@mayerbrown.com
`bpaul@mayerbrown.com
`tmiller@mayerbrown.com
`ssiddiqui@mayerbrown.com
`bnese@mayerbrown.com
`wbarrow@mayerbrown.com
`agelsleichter@mayerbrown.com
`cbakewell@mayerbrown.com
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`
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`PUBLIC VERSION
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`Case 5:19-cv-00036-RWS Document 271 Filed 04/08/20 Page 5 of 6 PageID #: 9897
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`
`
`
`Robert G. Pluta
`Amanda S. Bonner
`MAYER BROWN LLP
`71 S. Wacker Drive
`Chicago, IL 60606
`(312) 782-0600
`rpluta@mayerbrown.com
`asbonner@mayerbrown.com
`
`Counsel for Plaintiff Maxell, Ltd.
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`PUBLIC VERSION
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`Case 5:19-cv-00036-RWS Document 271 Filed 04/08/20 Page 6 of 6 PageID #: 9898
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that all counsel of record who are deemed to have consented to
`electronic service are being served this 6th day of April, 2020, with a copy of this document via
`electronic mail.
`
`
`
`
`/s/ Jamie B. Beaber
`Jamie B. Beaber
`
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