Case 4:18-cv-06185-HSG Document 1-6 Filed 10/09/18 Page 1 of 59
`Case 4:18—cv-06185-HSG Document 1-6 Filed 10/09/18 Page 1 of 59
`
`EXHIBIT F
`
`EXHIBIT F
`
`

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`Case 4:18-cv-06185-HSG Document 1-6 Filed 10/09/18 Page 2 of 59
`Case 4:18—cv-06185-HSG Document 1-6 Filed 10/09/18 Page 2 of 59
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`(cid:40)(cid:59)(cid:43)(cid:44)(cid:37)(cid:44)(cid:55)(cid:3)(cid:36)(cid:3)
`
`EXHIBIT A
`
`(cid:3) (cid:3) (cid:3) (cid:3) (cid:3) (cid:3) (cid:3) (cid:3) (cid:3) (cid:3) (cid:3)
`
`

`

`Case 4:18-cv-06185-HSG Document 1-6 Filed 10/09/18 Page 3 of 59
`
`(cid:1)
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`AGIS SOFTWARE DEVELOPMENT, LLC,
`
`
`Plaintiff,
`
`
`Case No. 2:17-cv-514-JRG
`(LEAD CASE)
`
`
`JURY TRIAL DEMANDED
`
`v.
`
`HTC COPORATION,
`
`Defendant.
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`NOTICE OF SUBPOENAS TO GOOGLE LLC
`
`
`
`
`PLEASE TAKE NOTICE THAT, pursuant to Rules 30, 34 and 45 of the Federal Rules of
`
`Civil Procedure, Plaintiff AGIS Software Development, LLC, by and through its undersigned
`
`counsel, hereby gives notice that the attached deposition and document subpoenas will be served
`
`on the following:(cid:1)
`
`
`
`
`
`
`
`
`
`
`
`Google LLC, 11600 Amphitheatre Parkway, Mountain View, CA 94043.
`
`c/o
`
`Corporation Service Company, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833
`
`
`Dated: August 29, 2018
`
`
`
`
`
`
`
`Respectfully submitted,
`BROWN RUDNICK LLP
` /s/Daniel J Shea
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: afabricant@brownrudnick.com
`Lawrence C. Drucker
`NY Bar No. 2303089
`
`(cid:1)
`
`000001
`
`

`

`Case 4:18-cv-06185-HSG Document 1-6 Filed 10/09/18 Page 4 of 59
`
`(cid:1)
`
`Email: ldrucker@brownrudnick.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@brownrudnick.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@brownrudnick.com
`Joseph Mercadante
`NY Bar No. 4784930
`Email: jmercadante@brownrudnick.com
`Alessandra C. Messing
`NY Bar No. 5040019
`Email: amessing@brownrudnick.com
`John A. Rubino
`NY Bar No. 5020797
`Email: jrubino@brownrudnick.com
`Enrique W. Iturralde
`NY Bar No. 5526280
`Email: eiturralde@brownrudnick.com
`BROWN RUDNICK LLP
`7 Times Square
`New York, NY 10036
`Telephone: 212-209-4800
`Facsimile: 212-209-4801
`
`Samuel F. Baxter
`Texas State Bar No. 01938000
`sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas State Bar No. 24012906
`jtruelove@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`ATTORNEYS FOR PLAINTIFF, AGIS
`SOFTWARE DEVELOPMENT LLC
`
`2
`
`000002
`
`

`

`Case 4:18-cv-06185-HSG Document 1-6 Filed 10/09/18 Page 5 of 59
`
`(cid:1)
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on August 29, 2018, a true and correct copy of the above and
`
`foregoing document has been served by email on all counsel of record.
`
`(cid:1)
`
`(cid:1)
`
`/s/ Daniel Shea
` Daniel Shea
`
`000003
`
`

`

`Case 4:18-cv-06185-HSG Document 1-6 Filed 10/09/18 Page 6 of 59
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
` Eastern District of Texas
`__________ District of __________
`
`Civil Action No.
`
`2:17-CV-0514-JRG
`
`))))))
`
`AGIS SOFTWARE DEVELOPMENT, LLC,
`Plaintiff
`
`v.v.(cid:1)
`HTC CORPORATION
`
`Defendant
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`Google LLC, 11600 Amphitheatre Parkway, Mountain View, CA 94043(cid:1)
`c/o Corporation Service Company, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833
`
`To:
`
`(Name of person to whom this subpoena is directed)
`(cid:1)
`(cid:117) Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
`material:
` SEE ATTACHMENT A ANNEXED HERETO
`
`Place:
`
`McKool Smith, P.C.
`255 Shoreline Drive, Suite 510
`Redwood Shores, CA 94065
`
`Date and Time:
`
`09/13/2018 9:00 am
`
`(cid:117) Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
`other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
`may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
`
`Place:
`
`Date and Time:
`
`The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`08/29/2018
`
`Date:
`
`CLERK OF COURT
`
`OR
`
`Signature of Clerk or Deputy Clerk
`
`/s/Daniel Shea
`Attorney’s signature
`
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`Plaintiff,
`, who issues or requests this subpoena, are:
`AGIS SOFTWARE DEVELOPMENT, LLC,
`Brown Rudnick LLP by Daniel Shea, Seven Times Square, New York, NY 10036 (212) 209-4800
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things or the
`inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before
`it is served on the person to whom it is directed Fed R Civ P 45(a)(4)
`000004
`
`

`

`Case 4:18-cv-06185-HSG Document 1-6 Filed 10/09/18 Page 7 of 59
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
`
`Civil Action No.
`
`2:17-CV-0513-JRG
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, if any)
`.
`
`on (date)
`
`(cid:117) I served the subpoena by delivering a copy to the named person as follows:
`
`(cid:117) I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`$
`.
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`0.00
`
`.
`
`.
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Additional information regarding attempted service, etc.:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`000005
`
`

`

`Case 4:18-cv-06185-HSG Document 1-6 Filed 10/09/18 Page 8 of 59
`
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
`
`(c) Place of Compliance.
`
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
` (ii) disclosing an unretained expert’s opinion or information that does
`not describe specific occurrences in dispute and results from the expert’s
`study that was not requested by a party.
` (C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
` (i) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
` (ii) ensures that the subpoenaed person will be reasonably compensated.
`
` (1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
` (A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
` (B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
` (i) is a party or a party’s officer; or
` (ii) is commanded to attend a trial and would not incur substantial
`expense.
`
` (2) For Other Discovery. A subpoena may command:
` (A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
` (B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
` (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney who
`fails to comply.
`
` (2) Command to Produce Materials or Permit Inspection.
` (A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
` (B) Objections. A person commanded to produce documents or tangible
`things or to permit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting, copying, testing, or
`sampling any or all of the materials or to inspecting the premises—or to
`producing electronically stored information in the form or forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
` (i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
` (ii) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party nor a party’s officer from
`significant expense resulting from compliance.
`
` (3) Quashing or Modifying a Subpoena.
` (A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
` (i) fails to allow a reasonable time to comply;
` (ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
` (iii) requires disclosure of privileged or other protected matter, if no
`exception or waiver applies; or
` (iv) subjects a person to undue burden.
` (B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`(i) disclosing a trade secret or other confidential research,
`development, or commercial information; or
`
`(e) Duties in Responding to a Subpoena.
`
` (1) Producing Documents or Electronically Stored Information. These
`procedures apply to producing documents or electronically stored
`information:
` (A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course of business or
`must organize and label them to correspond to the categories in the demand.
` (B) Form for Producing Electronically Stored Information Not Specified.
`If a subpoena does not specify a form for producing electronically stored
`information, the person responding must produce it in a form or forms in
`which it is ordinarily maintained or in a reasonably usable form or forms.
` (C) Electronically Stored Information Produced in Only One Form. The
`person responding need not produce the same electronically stored
`information in more than one form.
` (D) Inaccessible Electronically Stored Information. The person
`responding need not provide discovery of electronically stored information
`from sources that the person identifies as not reasonably accessible because
`of undue burden or cost. On motion to compel discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burden or cost. If that showing is
`made, the court may nonetheless order discovery from such sources if the
`requesting party shows good cause, considering the limitations of Rule
`26(b)(2)(C). The court may specify conditions for the discovery.
`
`(2) Claiming Privilege or Protection.
` (A) Information Withheld. A person withholding subpoenaed information
`under a claim that it is privileged or subject to protection as trial-preparation
`material must:
` (i) expressly make the claim; and
` (ii) describe the nature of the withheld documents, communications, or
`tangible things in a manner that, without revealing information itself
`privileged or protected, will enable the parties to assess the claim.
` (B) Information Produced. If information produced in response to a
`subpoena is subject to a claim of privilege or of protection as
`trial-preparation material, the person making the claim may notify any party
`that received the information of the claim and the basis for it. After being
`notified, a party must promptly return, sequester, or destroy the specified
`information and any copies it has; must not use or disclose the information
`until the claim is resolved; must take reasonable steps to retrieve the
`information if the party disclosed it before being notified; and may promptly
`present the information under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`000006
`
`

`

`Case 4:18-cv-06185-HSG Document 1-6 Filed 10/09/18 Page 9 of 59
`
`
`
`ATTACHMENT A
`
`DEFINITIONS
`
`1.(cid:1)
`
`“Action” means AGIS Software Development, LLC v. HTC Corporation,
`
`Case No. 2:17-cv-514-JRG (Lead Case), filed in the United States District Court for the
`
`Eastern District of Texas on June 21, 2017, including all related claims, defenses,
`
`counterclaims, third- party claims, and consolidated actions.1
`
`2.(cid:1)
`
`“Google,” “You,” and “Your” mean Google LLC, its officers, directors,
`
`members, principals, employees, agents, representatives, affiliates, or others acting on
`
`Google LLC’s behalf.
`
`3.(cid:1)
`
`“HTC Defendant” means HTC Corporation,
`
`including without
`
`limitation all predecessors-in-interest, successors-in-interest, parents, subsidiaries,
`
`affiliates, and all past or present officers, directors, employees, agents, representatives,
`
`affiliates, or others acting on the HTC Defendant’s behalf.
`
`4.(cid:1)
`
` “LGEKR Defendant” means LG Electronics, Inc., including without
`
`limitation all predecessors-in-interest, successors-in-interest, parents, subsidiaries,
`
`affiliates, and all past or present officers, directors, employees, agents, representatives,
`
`affiliates, or others acting on the LGEKR Defendant’s behalf.
`
`5.(cid:1)
`
`“ZTE Defendants” means ZTE USA, Inc. and ZTE (TX), Inc., including
`
`without
`
`limitation
`
`all predecessors-in-interest,
`
`successors-in-interest, parents,
`
`subsidiaries, affiliates, and all past or present officers, directors, employees, agents,
`
`representatives, affiliates, or others acting on the ZTE Defendants’ behalf.
`
`
`1 AGIS Software Development, LLC v. ZTE Corporation, Case No. 2:17-cv-517-JRG (E.D. Tex. June 21,
`2017) (Consolidated) and AGIS Software Development, LLC v. LG Electronics, Inc., Case No. 2:17-cv-515-
`JRG (E.D. Tex. June 21, 2017) (Consolidated) have been consolidated with AGIS Software Development,
`LLC v. HTC Corporation, Case No. 2:17-cv-514 (E.D. Tex. June 20, 2017) (Lead case).
`
`
`
`1
`
`000007
`
`

`

`Case 4:18-cv-06185-HSG Document 1-6 Filed 10/09/18 Page 10 of 59
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`
`
`6.(cid:1)
`
`“Defendants” means HTC Defendant, LGEKR Defendant, and ZTE
`
`Defendants.
`
`7.(cid:1)
`
`“Android Applications” means Google Maps, Find My Device, Android
`
`Device Manager, Android Messages, and Google Messenger.
`
`8.(cid:1)
`
`“Android Devices” means Android-based smartphones and tablets
`
`running Android Version 2.2 or later which were made by Defendants, and made, used,
`
`sold, offered for sale, or imported in the United States since 2011.
`
`9.(cid:1)
`
`“Google Servers” means servers owned or operated by Google
`
`including Google Maps servers, Find My Device servers, Android Device Manager
`
`servers, Google Messenger servers, and Android Messages servers.
`
`10.(cid:1)
`
`“Google Identifier” means any identifier used by Google to associate a
`
`user or a device with any account or group, such as a Google Account, Google Group,
`
`and/or Family Link account.
`
`
`
`11.(cid:1)
`
`“Communication(s)” means, including its usual and customary meaning,
`
`any transmission, conveyance, or exchange of word, statement, fact, thing, idea,
`
`document, instruction, information, demand, or question by any medium, whether by
`
`written, oral, or other means, including, but not limited to, electronic communications
`
`and electronic mail.
`
`12.(cid:1)
`
`“Document(s)” shall have the broadest meaning ascribed to it by
`
`Federal Rule of Civil Procedure 34 and Federal Rule of Evidence 1001, and shall
`
`include within its meaning any and all papers, videotapes or video recordings,
`
`photographs, films, recordings, memoranda, books, records, accounts,
`
`letters,
`
`correspondence, notes of meetings, notes of conversations, notes of telephone calls,
`
`
`
`2
`
`000008
`
`

`

`Case 4:18-cv-06185-HSG Document 1-6 Filed 10/09/18 Page 11 of 59
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`
`
`inter-office memoranda or written communications of any nature, records of
`
`conversations either in writing or by means of mechanical or electrical recording device,
`
`notes, papers, reports, analyses, invoices, canceled checks or check stubs, receipts,
`
`minutes of meetings, time sheets, diaries, desk calendars, ledgers, schedules, licenses,
`
`financial statements, bills of materials, logs, and any differing version of the foregoing
`
`whether denominated formal, informal, or otherwise, as well as copies of the foregoing
`
`which differ in any way, including handwritten notations or other written or printed
`
`matter of any nature, from the original. The term “Document” shall also include all
`
`“technical documents,” such as source code, specifications, schematics, flow charts,
`
`block diagrams, circuit diagrams, artwork, drawings, pictures, pictorial representations,
`
`formulas, troubleshooting guides, service bulletins, technical bulletins, production
`
`specification sheets, white papers, operator manuals, operation manuals, and instruction
`
`manuals.
`
`13.(cid:1)
`
`“Document Requests” means all requests for the production of
`
`documents made by AGIS Software Development, LLC to You regarding this Action,
`
`via subpoena or otherwise, including but not limited to the requests for documents
`
`contained herein.
`
`14.(cid:1)
`
`“Person(s)” refers to all natural persons and all types and kinds of
`
`business or other entities, including but not limited to corporations, limited liability
`
`companies, partnerships, joint ventures, associations, sole proprietorships, government
`
`bodies, and government agencies. Any reference to an individual person, either
`
`singularly or as part of a defined group, includes that person’s employees, agents, legal
`
`and non-legal representatives, heirs, successors, assigns, and any other person or entity
`
`
`
`3
`
`000009
`
`

`

`Case 4:18-cv-06185-HSG Document 1-6 Filed 10/09/18 Page 12 of 59
`
`
`
`acting on behalf of such individual person. Any reference to a corporation or any other
`
`entity also refers to an includes any and all parents, subsidiaries, predecessors,
`
`successors, affiliates, partners, joint ventures, agents, employees, representatives,
`
`accountants, investment bankers, consultants, or attorneys, acting on behalf of the
`
`corporation or other entity. The masculine includes the feminine and vice versa; the
`
`singular includes the plural and vice versa.
`
`15.(cid:1)
`
`“Thing(s)” refers to any physical specimen or tangible item, including
`
`research and development models, samples, prototypes and the like.
`
`16.(cid:1)
`
`“Affiliates” means any corporation, partnership, joint venture or other
`
`business entity in which the company owns, directly or indirectly, stock or a capital or
`
`profit interest and with respect to which the company possesses the power to direct or
`
`cause the direction of the management and policies.
`
`17.(cid:1)
`
`The terms “relate to,” “related to,” “relating to,” “reflecting,” or
`
`“concerning” or any variation thereof, shall mean relating to, referring to, concerning,
`
`mentioning, reflecting, regarding, pertaining to, evidencing, involving, describing,
`
`discussing, commenting on, embodying, responding to, supporting, contradicting, or
`
`constituting (in whole or in part), or are between (as in the context of communications),
`
`as the context makes appropriate.
`
`18.(cid:1)
`
`“And” and “or” shall be construed either disjunctively or conjunctively
`
`as necessary to bring within the scope of discovery all that might otherwise be construed
`
`to be outside of its scope.
`
`19.(cid:1)
`
`20.(cid:1)
`
`“Any” shall include “all” and “all” shall include “any.”
`
`The term “including” shall mean including without limitation.
`
`
`
`4
`
`000010
`
`

`

`Case 4:18-cv-06185-HSG Document 1-6 Filed 10/09/18 Page 13 of 59
`
`
`
`versa.
`
`21.(cid:1)
`
`The use of the singular form of any word includes the plural and vice
`
`22.(cid:1)
`
`“Day” or “date” means the exact day, month, and year, if ascertainable,
`
`or if not, the best available approximation (including a relationship to other events).
`
`23.(cid:1)
`
`24.(cid:1)
`
`The use of any tense of any word includes all other tenses.
`
`Definitions or usages of words or phrases in this document request are
`
`not intended to be, and shall not be, construed as admissions as to the meaning of words
`
`or phrases at issue in the action, and shall have no binding effect on Plaintiff in this or
`
`any other proceeding.
`
`INSTRUCTIONS
`
`1.(cid:1)
`
`If any document request is deemed to call for disclosure of proprietary
`
`or other confidential data, Plaintiff’s counsel is prepared to receive such data pursuant to
`
`the Protective Order (Doc. No. 69), entered in this case and attached as Exhibit A hereto.
`
`Plaintiff’s counsel is prepared to inspect any confidential source code pursuant to
`
`Paragraph 11 of the Protective Order.
`
`2.(cid:1)
`
`If any information requested herein is withheld on the basis of a claim
`
`of privilege or subject to protection as material prepared in anticipation of litigation or
`
`trial, then pursuant to Federal Rule of Civil Procedure 45(e)(2)(A), that claim shall be
`
`made expressly in a writing that describes the nature of the Documents,
`
`Communications, or Things not produced or disclosed in a manner that will enable
`
`Plaintiff to assess the applicability of the privilege or protection. With regard to each
`
`claim of privilege or protection, the following information shall be provided in the
`
`response or the objection:
`
`
`
`5
`
`000011
`
`

`

`Case 4:18-cv-06185-HSG Document 1-6 Filed 10/09/18 Page 14 of 59
`
`
`
`(a)(cid:1)
`
`(b)(cid:1)
`
`(c)(cid:1)
`
`(d)(cid:1)
`
`the type of Document, e.g., letter or memorandum;
`
`general subject matter of the Document;
`
`the date of the Document; and
`
`such other information as is sufficient to identify the Document for a
`
`subpoena duces tecum, including, where appropriate, the author, addressee, and any
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`other recipient of the Document, and, where not apparent, the relationship of the
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`author, addressee, and any other recipient to each other.
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`3.(cid:1)
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`If any Document or Thing identified herein has been lost, discarded, or
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`destroyed, each such Document or Thing shall be identified as completely as possible,
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`including, as to each such Document or Thing, its date, general nature (e.g., letter,
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`memorandum, telegram, telex, photograph, computer printout), subject matter, each
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`author or originator, each person indicated as an addressee or copy recipient, and its
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`former custodian(s). In addition, as to each such Document or Thing, the following
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`information shall be supplied:
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`(a)(cid:1)
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`(b)(cid:1)
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`(c)(cid:1)
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`(d)(cid:1)
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`(e)(cid:1)
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`(f)(cid:1)
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`date of disposal, loss, or destruction;
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`manner of disposal, loss, or destruction;
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`reason for disposal or destruction, or any explanation of loss;
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`persons authorizing the disposal or destruction;
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`persons having knowledge of the disposal, destruction or loss; and
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`persons who destroyed, lost or disposed of the Document or Thing.
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`4.(cid:1)
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`Pursuant to Federal Rule of Civil Procedure 45(e)(1), responsive
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`Documents and Things shall be produced as they are kept in the ordinary course of
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`business, or shall be organized and labeled to correspond with the following requests for
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`6
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`000012
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`Case 4:18-cv-06185-HSG Document 1-6 Filed 10/09/18 Page 15 of 59
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`production. If there are no Documents or Things responsive to any particular discovery
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`request, You should so state in writing rather than leave the request unanswered.
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`5.(cid:1)
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`You shall produce the original and each non-identical copy of each
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`Document or Thing requested herein which is in Your possession, custody, or control. If
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`the original is not in Your possession, custody, or control, the most full, clear, and
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`legible copy thereof is to be produced.
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`6.(cid:1)
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`If a request is silent as the time period for which production of
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`Documents or Things is sought, production shall be made of all Documents originated
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`in whole or in part and all things within Your possession, custody, or control from
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`February 2009 through the date of production.
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`7.(cid:1)
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`Documents shall be produced in the same file or other organizational
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`environment in which they are maintained in the ordinary course of business. For
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`example, Documents that are part of a file, docket or grouping, shall be produced in the
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`same order or manner of arrangement as the original file, docket or grouping.
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`Additionally, each Document should be produced stapled, clipped, or otherwise bound
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`or connected in the same manner as the original. The source(s), original custodian,
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`and/or derivation of each Document shall be specifically identified.
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`8.(cid:1)
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`Each Document or Thing requested shall be produced in its entirety,
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`including without limitation attachments, enclosures, cover letters, memoranda, and
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`appendices. If a Document or Thing responsive to any request cannot be produced in
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`full, it shall be produced to the extent possible with an explanation stating why
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`production of the remainder is not possible.
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`9.(cid:1)
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`Color copies of Documents are to be produced where color is necessary
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`7
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`000013
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`

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`Case 4:18-cv-06185-HSG Document 1-6 Filed 10/09/18 Page 16 of 59
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`to interpret or understand the contents.
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`DOCUMENTS TO BE PRODUCED
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`1.(cid:1)
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`Documents and communications sufficient to show the number of users that have
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`utilized the Android Applications and the number of transactions between each user and each
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`Google Server since 2011.
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`2.(cid:1)
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`Documents and communications sufficient to show the number of downloads of
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`each Android Application by a user or customer onto the Android Devices.
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`3.(cid:1)
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`Documents and communications sufficient to show the number of Android
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`Devices on which the Android Applications are installed prior to sale.
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`8
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`000014
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`

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`Case 4:18-cv-06185-HSG Document 1-6 Filed 10/09/18 Page 17 of 59
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`4.(cid:1)
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`Documents and communications sufficient to show all consideration furnished to
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`date to Defendants and their Affiliates for providing and making available the Android
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`Applications on the Android Devices.
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`5.(cid:1)
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`Documents and communications sufficient to show any consideration to be
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`furnished to Defendants and their Affiliates through September 20, 2024 for providing the
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`Android Applications on the Android Devices.
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`6.(cid:1)
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`Documents and communications sufficient to show all compliance and
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`certification requirements that Google mandates for the Android Applications.
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`7.(cid:1)
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`All agreements between Google and Defendants and their Affiliates relating to
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`Google Mobile Services and the Android Applications.
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`8.(cid:1)
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`Source code for Google Maps, including source code related to (i) the location
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`sharing feature of Google Maps; (ii) the ability to pin a location or drop a pin in Google Maps;
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`and (iii) the ability to share locations and pin drops with other users, including the capability to
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`send a message or link to another user.
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`9.(cid:1)
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`Documents sufficient to show the structure, operation, design, development,
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`functionality, features, testing, and manufacture for those portions of Google Maps that relate to
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`(i) the location sharing feature of Google Maps; (ii) the ability to pin a location or drop a pin in
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`Google maps; and (iii) the ability to share locations and pin drops with other users, including the
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`capability to send a message or link to another user.
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`10.(cid:1)
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`Source code for Find My Device and Android Device Manager, including source
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`code related to (i) an Android Device sign-on using an associated Google Identifier and any
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`messages, including push notifications, sent to other Android Devices that relate to sign-on of
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`another Android Device; (ii) displaying the location and status of Android Devices associated
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`with the Google Identifier; (iii) communicating changes in location and status of Android Devices
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`associated with the Google Identifier; and (iv) communicating or transmitting the Google
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`Identifier during the use of Find My Device and Android Device Manager.
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`9
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`000015
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`

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`Case 4:18-cv-06185-HSG Document 1-6 Filed 10/09/18 Page 18 of 59
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`11.(cid:1)
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`Documents sufficient to show the structure, operation, design, development,
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`functionality, features, testing, and manufacture for those portions of Find My Device and
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`Android Device Manager that relate to (i) an Android Device sign-on using an associated Google
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`Identifier and any messages, including push notifications, sent to other Android Devices that
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`relate to sign-on of another Android Device, (ii) displaying the location and status of Android
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`Devices associated with the Google Identifier, (iii) communicating changes in location and status
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`of Android Devices associated with the Google identifier, and (iv) communicating and/or
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`transmitting the Google identifier during the use of Find My Device and Android Device
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`Manager.
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`12.(cid:1)
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`Source code for Google Maps, including source code that relates to messages,
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`push notifications and any other communications sent or received by Android Devices related to
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`location sharing.
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`13.(cid:1)
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`Documents sufficient to show the structure, operation, contents, and functionality
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`of messages, push notifications and any other communications sent or received by Android
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`Devices related to location sharing.
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`14.(cid:1)
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`Documents sufficient to show the communication protocols used with Android
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`Applications between one or more Google Servers and/or one or more other Android Devices.
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`15.(cid:1)
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`Source code for Google Servers sufficient to show the operation of the “lock
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`mode” functionality of Find My Device and Android Device Manager.
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`10
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`000016
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`

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`Case 4:18-cv-06185-HSG Document 1-6 Filed 10/09/18 Page 19 of 59
`(cid:16)(cid:24)(cid:35)(cid:27)(cid:1)(cid:7)(cid:15)(cid:6)(cid:12)(cid:3)(cid:25)(cid:38)(cid:3)(cid:5)(cid:5)(cid:10)(cid:6)(cid:8)(cid:3)(cid:21)(cid:23)(cid:19)(cid:1)(cid:1)(cid:1)(cid:17)(cid:34)(cid:25)(cid:37)(cid:32)(cid:27)(cid:33)(cid:36)(cid:1)(cid:6)(cid:6)(cid:14)(cid:1)(cid:1)(cid:1)(cid:18)(cid:30)(cid:31)(cid:27)(cid:26)(cid:1)(cid:5)(cid:9)(cid:4)(cid:6)(cid:5)(cid:4)(cid:6)(cid:13)(cid:1)(cid:1)(cid:1)(cid:22)(cid:24)(cid:29)(cid:27)(cid:1)(cid:6)(cid:1)(cid:34)(cid:28)(cid:1)(cid:8)(cid:6)(cid:1)(cid:22)(cid:24)(cid:29)(cid:27)(cid:20)(cid:17)(cid:1)(cid:2)(cid:15)(cid:1)(cid:1)(cid:10)(cid:7)(cid:9)(cid:5)
`
`IN THE UNITED STATES DISTRICT COURT