`
`Exhibit 1
`
`
`
`Case 1:14-cv-01430-LPS Document 289-1 Filed 05/26/20 Page 2 of 449 PageID #: 19595
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`ELM 3DS INNOVATIONS, LLC,
`
`
`
`SAMSUNG ELECTRONICS CO., LTD., et al.,
`
`
`v.
`
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`C.A. No. 14-cv-01430-LPS-CJB
`
`Jury Trial Demanded
`
`
`
`Plaintiff,
`
`Defendants.
`
`
`
`ELM’S THIRD SET OF INTERROGATORIES (NO. 4)
`
`
`Under Federal Rules of Procedure 26 and 33, Plaintiff Elm 3DS Innovations, LLC, (“Elm
`
`3DS”) requests that Defendants Samsung Electronics Co., Ltd., Samsung Semiconductor, Inc.,
`
`Samsung Electronics America, Inc., and Samsung Austin Semiconductor, LLC (collectively
`
`“Samsung”) answer the following Interrogatories in writing and under oath under Rule 33 and
`
`serve a copy of your answers upon Robins Kaplan LLP, 800 LaSalle Avenue, 2800 LaSalle
`
`Plaza, Minneapolis, MN 55402 within 30 days of service of these Interrogatories upon you.
`
`These Interrogatories are continuing in nature and must be supplemented or corrected, or both, in
`
`a timely manner.
`
`DEFINITIONS
`
`1.
`
`The terms “Elm” and “Elm 3DS” refer to the Plaintiff in these actions and all
`
`parents, subsidiaries, affiliates, assignees, predecessors, employees, and agents thereof.
`
`2.
`
`The term “Elm 3DS Patents” refers to the asserted patents in these actions.
`
`86800135.1
`
`1
`
`
`
`Case 1:14-cv-01430-LPS Document 289-1 Filed 05/26/20 Page 3 of 449 PageID #: 19596
`
`3.
`
`The terms “you” and “your” mean the Samsung Defendants defined above,
`
`Samsung Electronics Co., Ltd., Samsung Semiconductor, Inc., Samsung Electronics America,
`
`Inc., and Samsung Austin Semiconductor, LLC (individually or collectively), and their parents,
`
`subsidiaries, divisions, affiliates, predecessors, assigns, successors, and acquired assets of
`
`business units, and any of their present or former officers, directors, trustees, employees, agents,
`
`representatives, attorneys, patent agents, and all other persons acting on their behalf.
`
`4.
`
`The term “Stacked Integrated Circuit Product” means an integrated circuit product
`
`where multiple silicon die are vertically stacked in a single chip package and at least one silicon
`
`die is less than 150 microns in thickness.
`
`5.
`
`Where used in these Requests, the singular also encompasses the plural and vice
`
`versa, the words “and” and “or” shall be conjunctive and disjunctive, the words “all” or “any”
`
`shall mean “all and any,” and the word “including” means “including without limitation.”
`
`6.
`
`The use and definition of any of these words or terms is not contingent on the
`
`capitalization or lack of capitalization of those terms as used below. Some terms may be
`
`capitalized, including without limitation at the beginning of a sentence, or not capitalized—
`
`regardless, the above definitions should be considered to apply.
`
`
`
`INSTRUCTIONS
`
`1.
`
`Lost or Destroyed Documents. If any document or tangible thing for which
`
`identification is requested was formerly in existence or in your possession but no longer exists,
`
`or no longer is within your possession, custody or control, your response should state, for each
`
`such document or thing: (a) an identification of the document or thing and, if a document, its
`
`86800135.1
`
`2
`
`
`
`Case 1:14-cv-01430-LPS Document 289-1 Filed 05/26/20 Page 4 of 449 PageID #: 19597
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`author and addressee; (b) the date and circumstances of such loss or destruction; and (c) the
`
`reason or justification for such loss or destruction.
`
`2.
`
`Documents for Which a Privilege Is Claimed. To the extent of any claim that any
`
`information or document is privileged or in any other way free from discovery under the Federal
`
`Rules of Civil Procedure, you are requested, in lieu of producing said information or document,
`
`to produce a description of the information or document sufficient to allow Elm 3DS a specific
`
`understanding of the nature of the objection; and if a document, the identification of the author,
`
`the date of the document, the addressee(s), the persons who received copies of the document, and
`
`the general subject matter of the document.
`
`3.
`
`Ongoing Duty to Supplement. Pursuant to Rule 26(e), Federal Rules of Civil
`
`Procedure, you are required to supplement your response to include further information that may
`
`become available after the date of your response to these Interrogatories.
`
`INTERROGATORIES
`
`Interrogatory No. 4:
`
`Identify by part number all Stacked Integrated Circuit Products that (A) are not included
`
`in the Second Amended Accused Product List served on June 3, 2016, and (B) that you (1) sell
`
`directly to an affiliate or third party, and/or (2) incorporate in products that you subsequently sell
`
`to an affiliate or a third party.
`
`
`
`
`
`
`
`
`
`
`
`
`
`86800135.1
`
`3
`
`
`
`Case 1:14-cv-01430-LPS Document 289-1 Filed 05/26/20 Page 5 of 449 PageID #: 19598
`
`Respectfully submitted,
`
`
`FARNAN LLP
`
`s/ Brian E. Farnan
`
`
`
`
`
`
`
`Joseph J. Farnan, Jr. (Bar No. 100245)
`Brian E. Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 North Market Street, 12th Floor
`Wilmington, Delaware 19801
`Telephone:
` (302) 777–0300
`Facsimile:
` (302) 777–0301
`farnan@farnanlaw.com
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
`
`
`
`
`DATED: June 3, 2016
`
`Counsel for Elm 3DS:
`
`Of Counsel:
`
`William H. Manning
`Samuel L. Walling
`Aaron R. Fahrenkrog
`Sharon E. Roberg-Perez
`Christine S. Yun Sauer
`Logan J. Drew
`Kelsey J. Thorkelson
`ROBINS KAPLAN LLP.
`2800 LaSalle Plaza
`800 LaSalle Avenue
`Minneapolis, MN 55402–2015
`Telephone:
`(612) 349–8500
`Facsimile:
`(612) 339–4181
`wmanning@robinskaplan.com
`swalling@robinskaplan.com
`afahrenkrog@robinskaplan.com
`sroberg-perez@robinskaplan.com
`cyunsauer@robinskaplan.com
`ldrew@robinskaplan.com
`kthorkelson@robinskaplan.com
`
`
`
`
`86800135.1
`
`4
`
`
`
`Case 1:14-cv-01430-LPS Document 289-1 Filed 05/26/20 Page 6 of 449 PageID #: 19599
`
`Exhibit 2
`
`
`
`Case 1:14-cv-01430-LPS Document 289-1 Filed 05/26/20 Page 7 of 449 PageID #: 19600
`BARTLIT BECK HERMAN PALENCHAR & SCOTT LLP
`
`A LAW PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
`
`DENVER OFFICE
`1801 WEWATTA STREET
`SUITE 1200
`DENVER, CO 80202
`TELEPHONE: (303) 592-3100
`FACSIMILE: (303) 592-3140
`
`
`CHICAGO OFFICE
`COURTHOUSE PLACE
`54 WEST HUBBARD STREET
`CHICAGO, IL 60654
`TELEPHONE: (312) 494-4400
`FACSIMILE: (312) 494-4440
`
`WRITER’S DIRECT DIAL:
` (303) 592-3122
`nosson knobloch@bartlit-beck com
`
`
`May 24, 2018
`
`
`
`Via email
`
`Andrew Grossman
`Phillip Citroen
`ServicePHSamsung-ELM3DS@paulhastings.com
`
`
`
`Re: Elm 3DS Innovations, LLC v. Samsung Elecs. Co. Ltd., et al.,
`C.A. No. 14-cv-1430-LPS-CJB, D. Del.
`
`
`Dear Counsel,
`
`
`This letter raises a number of discovery-related issues.
`
`
`Non-Native Document Production
`
`Based on our review to date, it appears that Samsung has not produced any native-format
`
`documents. This includes numerous files that do not convert easily to image format, such as Excel
`and PowerPoint files. That violates the Delaware local rules that indicate that “files not easily
`converted to image format, such as Excel” files “should be produced in native format.” (Default
`Standard for Disc., Including Disc. of Electronically Stored Information (“ESI”) ¶ 5(d).) Elm
`requests that Samsung re-produce all Excel, PowerPoint, and similar files in native format.
`
`Relatedly, some of the converted PowerPoint files appear to be missing pages. For example,
`
`SAMSUNG-ELM-000025199 and SAMSUNG-ELM-000025123 both indicate that the files contain
`a larger number of pages than the number of pages we received from Samsung. This problem
`would likely be remedied by re-producing these and other similar files in native format, but we
`wanted to specifically call this issue to your attention as well.
`
`Stand-Alone Computer
`
`We understand that, instead of producing its documents to Elm’s prior counsel, Samsung
`
`made some of those documents available on a standalone computer, and severely restricted access to
`that computer. We do not believe this procedure is justified in light of the strict protective order the
`Court has entered in this case. Please let us know if you will produce those documents to Elm’s
`current outside counsel. Please also provide a list identifying, with particularity, all the documents
`that you have loaded onto the standalone computer.
`
`
`
`
`Case 1:14-cv-01430-LPS Document 289-1 Filed 05/26/20 Page 8 of 449 PageID #: 19601
`
`Andrew Grossman
`Phillip Citroen
`May 24, 2018
`Page 2
`
`
`
`Technical Documents
`
`
`
`There are numerous deficiencies in Samsung’s production of technical documents. These
`deficiencies have impeded Elm’s ability to determine which of Samsung’s products infringe the
`asserted claims. Deficiencies in Samsung’s production include the following missing information:
`
`
`• Stress data for the dieletrics in the accused products, including the stress of the dielectric
`films deposited during the DTF process and the stress of the dielectric that lines the TSVs.
`
`• A decoder sufficient to interpret the various part numbers of Samsung’s accused products.
`
`
`Representative Products Agreement
`
`We understand that Samsung and Elm have not yet finalized a representative products
`
`agreement. Given the time that has passed, we believe the most logical next step is for Samsung to
`update its identification of its stacked memory products and propose a subset of those products that
`Samsung would agree to treat as representative products for purposes of Elm’s infringement proof
`in this case. Please let me know if you think there is a more efficient way to proceed towards
`finalizing a representative products agreement.
`
`Interrogatory Responses
`
`
`Interrogatory No. 3: This interrogatory sought the identification of Samsung’s top-5 customers,
`
`based on billing address and shipping address, both globally and in the United States. In its
`response, Samsung refused to provide this identification, instead pointing Elm to nearly 25,000
`pages of Samsung’s production. This range includes numerous technical documents that provide no
`meaningful customer information. Please update your response to this Interrogatory to specifically
`identify Samsung’s top-5 customers based on billing and shipping address, both globally and in the
`United States.
`
`
`Interrogatory No. 4: This interrogatory sought an identification of Samsung’s stacked IC
`products that are not included in Elm’s June 30, 2016 list of accused products. In its response,
`Samsung refused to provide this identification, instead pointing Elm to nearly 25,000 pages of
`Samsung’s production (incidentally the same 25,000-page range included in Samsung’s response to
`Interrogatory No. 3). This range includes numerous technical documents that provide little, if
`anything, in the way of product identification. Please update your response to this Interrogatory to
`specifically identify Samsung’s stacked IC products not included in Elm’s June 30, 2016 list of
`accused products, including products released since the case was stayed in 2016.
`
`Request for Production Responses
`
`
`Many, if not all, of Samsung’s responses to Elm’s Requests for Production are structured in
`a manner that is not permitted by the Federal Rules as amended in 2015. In particular, Samsung lists
`
`
`
`Case 1:14-cv-01430-LPS Document 289-1 Filed 05/26/20 Page 9 of 449 PageID #: 19602
`
`Andrew Grossman
`Phillip Citroen
`May 24, 2018
`Page 3
`
`
`
` a
`
` number of specific and general objections but does not then state whether Samsung is withholding
`any documents, or limiting its search, in light of those objections. Please amend these responses to
`comply with the rules and confirm our understanding that Samsung is not withholding any
`documents based on its articulated objections other than work produce and attorney-client privilege.
`Please also let us know the status of your “reasonable search” for, and production of, the documents
`we have requested.
`
`
`
`
`We look forward to your prompt response to these issues.
`
`Sincerely,
`
`Nosson Knobloch
`
`
`
`
`
`Case 1:14-cv-01430-LPS Document 289-1 Filed 05/26/20 Page 10 of 449 PageID #: 19603
`
`Exhibit 3
`
`
`
`Case 1:14-cv-01430-LPS Document 289-1 Filed 05/26/20 Page 11 of 449 PageID #: 19604
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 14-cv-1430-LPS-CJB
`
`JURY TRIAL DEMANDED
`
`ELM 3DS INNOVATIONS, LLC, a Delaware
`limited liability company,
`
`Plaintiff,
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD., a
`Korean business entity,
`SAMSUNG SEMICONDUCTOR, INC., a
`California Corporation,
`SAMSUNG ELECTRONICS AMERICA,
`INC., a New York corporation, and
`SAMSUNG AUSTIN SEMICONDUCTOR,
`LLC, a Delaware limited liability company,
`
`Defendants.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`SAMSUNG’S FIRST SUPPLEMENTAL OBJECTIONS AND RESPONSES TO
`ELM’S THIRD SET OF INTERROGATORIES
`
`
`
`Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, defendants Samsung
`
`Electronics Co., Ltd., Samsung Semiconductor, Inc., Samsung Electronics America, Inc., and
`
`Samsung Austin Semiconductor, LLC (collectively “Samsung”) hereby object and respond to
`
`Plaintiff ELM 3DS Innovations, LLC’s (“Elm”) Third Set of Interrogatories, dated June 3, 2016.
`
`GENERAL OBJECTIONS
`
`
`
`Samsung makes the following general responses and objections (“General Objections”)
`
`to each “Definition,” “Instruction,” and “Interrogatory” propounded in Elm’s Third Set of
`
`Interrogatories. These General Objections are hereby incorporated into each specific response.
`
`
`
`
`
`Case 1:14-cv-01430-LPS Document 289-1 Filed 05/26/20 Page 12 of 449 PageID #: 19605
`
`
`
`The assertion of the same, similar or additional objections or partial responses to individual
`
`interrogatories does not waive any of Samsung’s General Objections.
`
`1.
`
`Samsung objects to Elm’s definition of “Elm” and “Elm 3DS” as vague,
`
`ambiguous, overbroad, and unduly burdensome to the extent that they include “all parents,
`
`subsidiaries, affiliates, assignees, predecessors, employees, and agents thereof.” Samsung
`
`further objects to the definition as not reasonably tied to Elm’s infringement allegations and
`
`potentially seeking information not relevant to any party’s claim or defense and not proportional
`
`to the needs of this case. Samsung further objects to the extent that these terms may include
`
`persons or entities that are not parties to this action.
`2.
`
`Samsung objects to Elm’s definitions of “you” and “your” as overbroad, unduly
`
`burdensome, and oppressive to the extent that they include Samsung “and their parents,
`
`subsidiaries, divisions, affiliates, predecessors, assigns, successors, and acquired assets of
`
`business units, and any of their present or former officers, directors, trustees, employees, agents,
`
`representatives, attorneys, patent agents, and all other persons acting on their behalf.” Samsung
`
`will respond, subject to and without waiving all other objections, only as to the named Samsung
`
`Defendants: Samsung Electronics Co., Ltd., Samsung Semiconductor, Inc., Samsung Electronics
`
`America, Inc., and Samsung Austin Semiconductor, LLC.
`3.
`
`Samsung objects to Elm’s Instruction No. 1 because it purports to impose
`
`requirements and obligations on Samsung other than as set forth in the Federal Rules of Civil
`
`Procedure.
`4.
`
`Samsung provides these objections and responses to the best of its current
`
`knowledge. Discovery or further investigation may reveal additional or different information
`
`warranting amendment of these objections and responses. Samsung reserves the right to produce
`
`at trial and make reference to any evidence, facts, documents, or information not discovered at
`
`this time, omitted through good-faith error, mistake, or oversight, or the relevance of which
`
`Samsung has not presently identified.
`
`
`
`-2-
`
`
`
`
`
`Case 1:14-cv-01430-LPS Document 289-1 Filed 05/26/20 Page 13 of 449 PageID #: 19606
`
`
`
`5.
`
`By responding to these interrogatories, Samsung does not concede the relevance
`
`or materiality of any of the interrogatories or of the subjects to which it refers. Samsung’s
`
`responses are made subject to, and without waiving any objections as to the competency,
`
`relevancy, materiality, privilege, or admissibility of any of the responses, or of the subject matter
`
`to which they concern, in any proceeding in this action or in any other proceeding.
`6.
`
`Samsung objects to any interrogatory to the extent that it seeks information that is
`
`protected from disclosure by the attorney-client privilege, the attorney work product doctrine, the
`
`joint defense or common interest privilege, or any other applicable privilege, doctrine, or
`
`discovery immunity. The inadvertent production by Samsung of information protected from
`
`disclosure by any such privilege, doctrine, or immunity shall not be deemed a waiver by
`
`Samsung of such privileges or protections.
`7.
`
`Samsung objects generally to the interrogatories to the extent they seek
`
`confidential, proprietary, or trade secret information of third parties. Samsung will endeavor to
`
`work with third parties in order to obtain their consent, if necessary, before providing such
`
`information. To the extent an interrogatory seeks information of a confidential or proprietary
`
`nature to Samsung, or to others to whom Samsung is under an obligation of confidentiality,
`
`Samsung will respond pursuant to the terms of the protective order entered in this case and
`
`subject to notice to third parties, as necessary.
`8.
`
`Samsung objects to each interrogatory and to Elm’s “Definitions” and
`
`“Instructions” to the extent they are vague, ambiguous, overbroad, unduly burdensome, are not
`
`proportional to the needs of this case, or purport to impose upon Samsung any duty or obligation
`
`that is inconsistent with or in excess of those obligations that are imposed by the Federal Rules
`
`of Civil Procedure, the Civil Local Rules and/or the Patent Local Rules of this Court, or any
`
`other applicable rule.
`9.
`
`Samsung objects to any interrogatory to the extent it seeks irrelevant information
`
`about Samsung’s products or business operations, or is not otherwise proportional to the needs of
`
`this case. Such requests are overbroad and unduly burdensome. Samsung will only produce
`
`
`
`-3-
`
`
`
`
`
`Case 1:14-cv-01430-LPS Document 289-1 Filed 05/26/20 Page 14 of 449 PageID #: 19607
`
`
`
`information that is relevant to the patents-in-suit, or that is otherwise related to the claims or
`
`defenses asserted by the parties in this litigation.
`10.
`
`Samsung objects to each interrogatory to the extent that it would impose a duty on
`
`Samsung to undertake a search for or an evaluation of information, documents, or things for
`
`which Elm is equally able to search for and evaluate and/or is not proportional to the needs of
`
`this case. In particular, Samsung objects to each interrogatory to the extent that it seeks
`
`information or documents that are publicly available.
`11.
`
`Samsung objects to each interrogatory to the extent that it seeks information that
`
`can be derived or ascertained from documents that will be produced in discovery, is not
`
`otherwise proportional to the needs of this case, or that is uniquely in Elm’s possession, custody,
`
`and control.
`12.
`
`Samsung objects to each interrogatory to the extent it would require Samsung to
`
`draw a legal conclusion or contention to make a proper response.
`13.
`
`Samsung objects to each interrogatory to the extent that it purports to define
`
`words or phrases to have a meaning different from their commonly understood meaning, or to
`
`include more than their commonly understood definitions.
`14.
`
`In Samsung’s objections, the terms “and” and “or” are intended to be construed
`
`conjunctively or disjunctively as necessary to make the objections inclusive rather than
`
`exclusive.
`15.
`
`Samsung objects to each interrogatory to the extent it purports to require Samsung
`
`to identify or describe or identify “every,” “each,” “any,” or other similarly expansive, infinite,
`
`or all-inclusive terms as overbroad and unduly burdensome.
`16.
`
`Samsung objects to Elm’s “Instructions” and the interrogatories to the extent they
`
`seek information that is not in the possession, custody, or control of Samsung, purport to require
`
`Samsung to speculate about the identity of persons who might have responsive documents,
`
`and/or purport to call for any description of documents that Samsung no longer possesses and/or
`
`was under no obligation to maintain.
`
`
`
`-4-
`
`
`
`
`
`Case 1:14-cv-01430-LPS Document 289-1 Filed 05/26/20 Page 15 of 449 PageID #: 19608
`
`
`
`17.
`
`Samsung objects to each interrogatory to the extent it is not limited in time and
`
`seeks information for periods of time that are not relevant to any claim or defense and is not
`
`otherwise proportional to the needs of this case.
`18.
`
`Samsung objects to the interrogatories as a whole, and to each interrogatory
`
`contained therein, to the extent they are overbroad, unreasonably burdensome, and/or not
`
`proportional to the needs of this case. In particular, Samsung objects to the interrogatories as a
`
`whole, and to each interrogatory contained therein, to the extent they seek irrelevant information
`
`about accused products. By answering, objecting, and otherwise responding to the
`
`interrogatories, Samsung does not concede relevance or admissibility, both of which Samsung
`
`reserves the right to challenge.
`19.
`
`Samsung objects to the interrogatories as a whole, and to each interrogatory
`
`contained therein, to the extent they are premature and/or to the extent they: (a) conflict with any
`
`schedule entered by the Court; (b) seek information that is the subject of expert testimony; (c)
`
`seek information and/or responses that are dependent on the Court’s construction of the asserted
`
`claims of the patents-in-suit; or (d) are dependent on depositions and documents that have not
`
`been taken or produced.
`20.
`
`Samsung’s objections as set forth herein are made without prejudice to Samsung’s
`
`right to assert any additional or supplemental objections pursuant to Rule 26(e).
`21.
`
`Samsung will make, and has made, reasonable efforts to respond to Elm’s Third
`
`Set of Interrogatories, to the extent that no objection is made, as Samsung reasonably
`
`understands and interprets each Interrogatory. If Elm subsequently asserts any interpretation of
`
`any interrogatory that differs from the interpretation of Samsung, then Samsung reserves the
`
`right to supplement and amend its objections and responses.
`
`
`
`-5-
`
`
`
`
`
`Case 1:14-cv-01430-LPS Document 289-1 Filed 05/26/20 Page 16 of 449 PageID #: 19609
`
`
`
`
`
`OBJECTIONS AND RESPONSES TO INTERROGATORIES
`
`Subject to the foregoing qualifications and General Objections and the specific objections
`
`made below, Samsung objects and responds to Elm’s Third Set of Interrogatories as follows:
`
`INTERROGATORY NO. 4:
`
`Identify by part number all Stacked Integrated Circuit Products that (A) are not included
`
`in the Second Amended Accused Product List served on June 3, 2016, and (B) that you (1) sell
`
`directly to an affiliate or third party, and/or (2) incorporate in products that you subsequently sell
`
`to an affiliate or a third party.
`
`OBJECTIONS AND RESPONSE TO INTERROGATORY NO. 4:
`
`
`
`Samsung incorporates by reference the General Objections as if fully set forth herein. In
`
`addition, Samsung objects to this interrogatory to the extent it calls for information protected
`
`from discovery under the attorney-client privilege, the attorney work product doctrine, and other
`
`applicable privileges or restrictions on discovery. Samsung further objects to this interrogatory
`
`to the extent that it seeks private, privileged, and confidential commercial, financial, and/or
`
`proprietary business information. Samsung further objects to this interrogatory as overbroad,
`
`unduly burdensome, and not proportional to the needs of this case, particularly to the extent that
`
`it may include products that are not manufactured by Samsung and/or products that are not
`
`imported, sold, or offered for sale in the United States by Samsung. Samsung further objects to
`
`this interrogatory to the extent that it is duplicative and seeks information that can be derived or
`
`ascertained from documents that were produced in discovery and that is uniquely in Elm’s
`
`possession, custody and control. Samsung further objects to this interrogatory on the grounds
`
`that it is vague, ambiguous, and overbroad as to “affiliate,” “third party,” and “incorporate in
`
`products.” These terms are undefined and capable of different interpretations. It therefore
`
`requires Samsung to guess as to what Elm meant by the identified terms, and therefore, what
`
`
`
`-6-
`
`
`
`
`
`Case 1:14-cv-01430-LPS Document 289-1 Filed 05/26/20 Page 17 of 449 PageID #: 19610
`
`
`
`information is actually being requested. Samsung further objects to this interrogatory as
`
`overbroad to the extent it is unlimited with respect to time or geography.
`
`
`
`Subject to and without in any way waiving the foregoing objections, and to the extent it
`
`understands this interrogatory, Samsung responds as follows: pursuant to Federal Rule of Civil
`
`Procedure 33(d), Samsung refers Elm to the documents bearing bates numbers SAMSUNG-
`
`ELM-000025176 – SAMSUNG-ELM-000050134, wherein information responsive to this
`
`interrogatory may be found. Samsung expressly reserves the right to supplement this response
`
`following further investigation and/or discovery.
`
`FIRST SUPPLEMENTAL OBJECTIONS AND RESPONSE TO INTERROGATORY
`NO. 4:
`
`Samsung further objects to this interrogatory as ambiguous and overbroad, particularly to
`
`the extent that it is unlimited with respect to time or geography. In particular, because the
`
`patents-in-suit have expired or will expire soon, Samsung objects to this interrogatory to the
`
`extent it seeks post-patent expiration data.
`
`
`
`Subject to and without waiving the foregoing general and specific objections, and to the
`
`extent it understands this interrogatory, Samsung further responds as follows:
`
`
`
`Appendix A, attached hereto, lists all stacked silicon die packages having two or more
`
`vertically stacked die that have been sold in the United States in the period between 2007 to
`
`present and that are not included in the Second Amended Accused Product List served on June 3,
`
`2016.
`
`Samsung expressly reserves the right to amend or supplement this response following
`
`further investigation and/or discovery.
`
`
`
`-7-
`
`
`
`
`
`Case 1:14-cv-01430-LPS Document 289-1 Filed 05/26/20 Page 18 of 449 PageID #: 19611
`
`
`
`DATED: August 9, 2018
`
`OF COUNSEL:
`
`Allan M. Soobert
`Naveen Modi
`Phillip W. Citroën
`PAUL HASTINGS LLP
`875 15th Street, N.W.
`Washington, D.C. 20005
`(202) 551-1700
`(202) 551-1705 (fax)
`ServicePHSamsung-
`ELM3DS@paulhastings.com
`
`
`
`As to objections only,
`
`YOUNG CONAWAY STARGATT &
`TAYLOR, LLP
`
`
`
`/s/ Pilar G. Kraman
`Adam W. Poff (No. 3990)
`Pilar G. Kraman (No. 5199)
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`(302) 571-6600
`apoff@ycst.com
`pkraman@ycst.com
`
`Attorneys for Defendants Samsung Electronics
`Co., Ltd., Samsung Semiconductor, Inc.,
`Samsung Electronics America, Inc., and
`Samsung Austin Semiconductor, LLC
`
`
`
`
`
`-8-
`
`
`
`
`
`Case 1:14-cv-01430-LPS Document 289-1 Filed 05/26/20 Page 19 of 449 PageID #: 19612
`
`
`
`
`
`
`K1S1616B1A-BI70T00
`K1S1616B1B-BI70T00
`K1S1616B1M-EI70T00
`K1S3216BCD-FI70000
`K3MF8F80DM-MGCE000
`K3MF8F80DM-MGCF000
`K3MF8F80DM-MGDP000
`K3MF9F90MM-MGCE000
`K3MF9F90MM-MGCET00
`K3MF9F90MM-MGCETMB
`K3MF9F90MM-MGCETMO
`K3MF9F90MM-MGCF000
`K3MF9F90MM-MGDP000
`K3PC3C300A-XGC0000
`K3PC3C300A-XGC9000
`K3PC3C300M-XGDP000
`K3PE0E000A-XGC2000
`K3PE0E000A-XGC20Q0
`K3PE0E000A-XGC2T00
`K3PE0E000A-XGC2TQ0
`K3PE0E000A-XGC2TTN
`K3PE0E000A-XGDP000
`K3PE0E000B-XGC2000
`K3PE0E000B-XGC2T00
`K3PE0E000E-XGC2T00
`K3PE0E000E-XGC2TMO
`K3PE0E000M-XGC2000
`K3PE0E000M-XGC2T00
`K3PE0E00QM-BGC2000
`K3PE0E00QM-CGC2000
`K3PE0E00QM-CGC2T00
`K3PE0E00QM-CGC2TMO
`K3PE4E400A-XGC0000
`K3PE4E400A-XGC0T00
`K3PE4E400A-XGDP000
`K3PE4E400A-XGDPT00
`K3PE4E400B-XGC10P0
`K3PE4E400E-XGC10P0
`
`Appendix A
`
`K3PE4E400E-XGC1TP0
`K3PE4E400G-XGC1000
`K3PE4E400J-XGDP000
`K3PE4E400K-XGC1000
`K3PE4E400M-XGC1000
`K3PE4E400M-XGC1T00
`K3PE4E400M-XGDP000
`K3PE4E400N-XGC10P0
`K3PE4E400P-XGC2000
`K3PE4E400P-XGC20JR
`K3PE4E400P-XGC2T00
`K3PE4E400Q-XGC1000
`K3PE4E400Q-XGC10P0
`K3PE4E400S-XGC2000
`K3PE4E400S-XGC20P0
`K3PE4E700A-XGC2000
`K3PE7E700D-XGC1000
`K3PE7E700D-XGC1T00
`K3PE7E700D-XGC2000
`K3PE7E700D-XGC2T00
`K3PE7E700D-XGC2TMO
`K3PE7E700D-XGDP000
`K3PE7E700D-XGDPT00
`K3PE7E700F-XGC20P0
`K3PE7E700M-XGC1000
`K3PE7E700M-XGC1T00
`K3PE7E700M-XGC1TMO
`K3PE7E700M-XGC2000
`K3PE7E700M-XGC2T00
`K3PE7E700M-XGDP000
`K3PE7E700M-XGDPT00
`K3PE7E70EM-BGC2T00
`K3PE7E70EM-BGC2TTT
`K3PE7E70QM-BGC2000
`K3PE7E70QM-BGC20JR
`K3PE7E70QM-BGC2T00
`K3PE7E70QM-BGC2TTT
`K3PE7E70QM-CGC2000
`
`K3PE8E400A-XGC0T00
`K3PE8E400B-XGC0T00
`K3PE8E400B-XGDPT00
`K3PE8E400C-XGC1T00
`K3PE8E800M-XGC1000
`K3PE8E800M-XGC1T00
`K3QF0F00AM-FGCF000
`K3QF1F100B-PGCE000
`K3QF1F100G-PGDP000
`K3QF1F100G-XGCE000
`K3QF1F100G-XGCET00
`K3QF1F100G-XGDP000
`K3QF1F100J-XGCE000
`K3QF1F10DB-QGCE000
`K3QF1F10DM-AGCE000
`K3QF1F10DM-AGCE0Q0
`K3QF1F10DM-AGCETQ0
`K3QF1F10DM-BGCE000
`K3QF1F10DM-BGCF000
`K3QF1F10DM-BGCFT00
`K3QF1F10EM-AGCE000
`K3QF1F10EM-AGCET00
`K3QF1F10EM-AGCF000
`K3QF1F10EM-BGCF000
`K3QF1F10EM-FGCF000
`K3QF1F10EM-VGCE000
`K3QF1F10EM-VGCET00
`K3QF1F10EM-VGCETP4
`K3QF1F10EM-YGCE000
`K3QF1F10EM-YGCE0P3
`K3QF1F10EM-ZGCE000
`K3QF2F200A-XGCE000
`K3QF2F200B-XGCE000
`K3QF2F200B-XGCET00
`K3QF2F200B-XGCETSN
`K3QF2F200B-XGDP000
`K3QF2F200B-XGDPT00
`K3QF2F200E-XGCB000
`
`
`
`Case 1:14-cv-01430-LPS Document 289-1 Filed 05/26/20 Page 20 of 449 PageID #: 19613
`Case 1:14-CV-01430-LPS Document 289-1 Filed 05/26/20 Page 20 of 449 PageID #: 19613
`
`
`
`
`K3QF2F20DA-CGCE000
`K3RG4G40MM-MGCJT00
`K3QF6F60AM-QGCF000
`K3RG4G40MM-MGCJT00
`K3QF6F60AM-QGCF000
`K3QF2F20DA-CGCE000
`K3RG4G40MM-MGDP000
`K3QF6F60AM-QGCFT00
`K3QF2F20DA-CGDP000
`K3RG4G40MM-MGDP000
`K3QF6F60AM-QGCFT00
`K3QF2F20DA-CGDP000
`K3RG4G40MM-YGCH0P3
`K3QF6F60AM-QGCFTMO
`K3QF2F20DA-QGCE000
`K3RG4G40MM-YGCHOP3
`K3QF6F60AM-QGCFTMO
`K3QF2F20DA-QGCE000
`K3RG4G40MM-YGDP0P5
`K3QF6F60MM-FGCF000
`K3QF2F20DA-QGCET00
`K3RG4G40MM-YGDPOP5
`K3QF6F60MM-FGCF000
`K3QF2F20DA-QGCET00
`
`K3QF2F20DA-QGCETTN
`K3QF6F60MM-QGCET00
`K3RG5G50MM-FGCJ000
`K3RG5G50MM-FGCJ000
`K3QF2F20DA-QGCETTN
`K3QF6F60MM-QGCET00
`K3QF2F20DA-QGCF000
`K3QF6F60MM-QGCF000
`K3RG6G60MM-MGCJ000
`K3RG6G60MM-MGCJ000
`K3QF2F20DA-QGCF000
`K3QF6F60MM-QGCF000
`
`K3QF2F20DA-QGCFT00
`K3QF6F60MM-QGDP000
`K3RG8G80MM-MGCJ000
`K3RG8G80MM-MGCJ000
`K3QF2F20DA-QGCFT00
`K3QF6F60MM-QGDP000
`K3QF2F20DA-QGCFTMO
`K3QF7F70DM-QGCE000
`K3UH1H10CM-LGDP0P5
`K3UH1H10CM-LGDPOP5
`K3QF2F20DA-QGCFTMO
`K3QF7F70DM-QGCE000
`K3QF2F20DA-QGCFTQ0
`K3QF7F70DM-QGCF000
`K3UH1H10CM-ZGCL0P3
`K3UH1H10CM-ZGCLOP3
`K3QF2F20DA-QGCFTQO
`K3QF7F70DM-QGCF000
`K3QF2F20DA-QGDP000
`K3QF7F70DM-QGDP000
`K3UH1H10CM-ZGDP0P5
`K3UH1H10CM-ZGDPOP5
`K3QF2F20DA-QGDP000
`K3QF7F70DM-QGDP000
`K3QF2F20DM-AGCE000
`K3QFAFA0CM-AGCFT00
`K3UH2H20CM-EGCJ000
`K3UH2H20CM-EGCJ000
`K3QF2F20DM-AGCE000
`K3QFAFAOCM-AGCFT00
`
`K3QF2F20DM-AGCETQ0
`K3QFAFA0CM-AGCFTP4
`K3UH2H20CM-NGCJ000
`K3UH2H20CM-NGCJ000
`K3QF2F20DM-AGCETQO
`K3QFAFAOCM-AGCFTP4
`K3QF2F20DM-AGCF000
`K3RG1G10AA-AGCH000
`K3UH2H20CM-NGDP000
`K3RG1G10AA-AGCH000
`K3UH2H20CM-NGDP000
`K3QF2F20DM-AGCF000
`K3QF2F20DM-BGCE000
`K3RG1G10AA-AGCHT00
`K3UH4H40AM-MGCL000
`K3RG1G10AA-AGCHT00
`K3UH4H40AM-MGCL000
`K3QF2F20DM-BGCE000
`K3QF2F20DM-FGCE000
`K3RG1G10AA-MGCH000
`K3UH4H40AM-MGCL0P3
`K3RG1G10AA-MGCH000
`K3UH4H40AM-MGCLOP3
`K3QF2F20DM-FGCE000
`K3QF2F20DM-FGDP000
`K3RG1G10AM-MGCH000
`K3UH4H40AM-MGDP0P5
`K3RG1G10AM-MGCH000
`K3UH4H40AM-MGDPOP5
`K3QF2F20DM-FGDP000
`
`K3QF2F20EM-AGCE000
`K3RG1G10BM-BGCH0P3
`K3UH4H40AM-SGCL000
`K3RG1G10BM-BGCHOP3
`K3UH4H40AM-SGCL000
`K3QF2F20EM-AGCE000
`K3QF2F20EM-AGCF000
`K3RG1G10BM-KGCHTP4
`K3UH4H40AM-ZGCL0P3
`K3RG1G10BM-KGCHTP4
`K3UH4H40AM-ZGCLOP3
`K3QF2F20EM-AGCF000
`
`K3QF2F20EM-AGCFT00
`K3RG1G10CM-KGCHTP4
`K3UH4H40MM-LGDP0P5
`K3RG1G10CM-KGCHTP4
`K3UH4H40MM-LGDPOP5
`K3QF2F20EM-AGCFT00
`K3QF2F20EM-AGCFTQ0
`K3RG1G10CM-YGCH0P3
`K3UH4H40MM-ZGDP0P5
`K3RG1G10CM-YGCHOP3
`K3UH4H40MM-ZGDPOP5
`K3QF2F20EM-AGCFTQO
`K3QF2F20EM-CGCE000
`K3RG1G10CM-YGDP0P5
`K3UH5H50MM-AGCJ000
`K3RG1G10CM-YGDPOP5
`