Case 1:14-cv-01432-LPS Document 273-1 Filed 05/26/20 Page 1 of 30 PageID #: 16930
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`Exhibit 7
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`Case 1:14-cv-01432-LPS Document 273-1 Filed 05/26/20 Page 2 of 30 PageID #: 16931
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`THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 14-1431-LPS-CJB
`
`C.A. No. 14-1430-LPS-CJB
`
`C.A. No. 14-1432-LPS-CJB
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`ELM 3DS INNOVATIONS, LLC,
`
`Plaintiff,
`
`v.
`
`MICRON TECHNOLOGY, INC., MICRON
`SEMICONDUCTOR PRODUCTS, INC., and
`MICRON CONSUMER PRODUCTS
`GROUP, INC.,
`
`Defendants.
`
`ELM 3DS INNOVATIONS, LLC,
`
`Plaintiff,
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG SEMICONDUCTOR, INC.,
`SAMSUNG ELECTRONICS AMERICA,
`INC., and SAMSUNG AUSTIN
`SEMICONDUCTOR,
`LLC,
`
`Defendants.
`
`ELM 3DS INNOVATIONS, LLC,
`
`Plaintiff,
`
`v.
`
`SK HYNIX INC., SK HYNIX AMERICA
`INC., HYNIX SEMICONDUCTOR
`MANUFACTURING AMERICA INC., and
`SK HYNIX MEMORY SOLUTIONS
`INC.,
`
`Defendants.
`
`
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`Case 1:14-cv-01432-LPS Document 273-1 Filed 05/26/20 Page 3 of 30 PageID #: 16932
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`DEFENDANTS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
`AND THINGS TO PLAINTIFF ELM 3DS INNOVATIONS, LLC (Nos. 1 -76)
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`Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure Defendants Samsung
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`Electronics Co., Ltd., Samsung Semiconductor Inc., Samsung Austin Semiconductor LLC, and
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`Samsung Electronics America, Inc. (Case No. 14-cv-1430-LPS), SK hynix Inc., SK hynix
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`America, Inc., Hynix Semiconductor Manufacturing America, Inc., and SK hynix Memory
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`Solutions Inc. (Case No. 14-cv-01432-LPS-CJB), and Micron Technology, Inc., Micron
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`Semiconductor Products, Inc. and Micron Consumer Products Group, Inc. (Case No. 14-cv-
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`01431-LPS-CJB) (“Defendants”) hereby request that Plaintiff Elm 3DS Innovations, LLC
`
`(“Elm”) produce the Documents and Things described below for inspection and copying at the
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`offices of Paul Hastings LLP, 875 15th Street, N.W. Washington, D.C. 20005; O’Melveny &
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`Myers LLP, 610 Newport Center Drive, Newport Beach, CA 92660; and K&L Gates, Four
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`Embarcadero Center Suite 1200, San Francisco, CA 94111.
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`DEFINITIONS
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`1.
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`If Elm requires clarification of a Definition of any term to comply with any
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`request for production, contact undersigned counsel and request such clarification of Definition.
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`2.
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`“Elm,” “Plaintiff,” “You,” or “Your” means Elm 3DS Innovations, LLC (and/or
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`Glenn Leedy) and all of its subsidiaries, parent companies, holding companies, divisions,
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`subdivisions, components, units, partnerships, limited partnerships, joint ventures, associations,
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`and affiliates; all predecessors, successors, and assigns of each of the foregoing; all past and
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`present officers, employees, directors, agents, consultants, representatives, and attorneys of each
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`of the foregoing; and all other Persons acting or purporting to act for, on behalf of, or in the
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`interest of Elm.
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`3.
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`“Defendants” means Samsung Electronics Co., Ltd., Samsung Semiconductor
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`Inc., Samsung Austin Semiconductor LLC, and Samsung Electronics America, Inc. (Case No.
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`14-cv-1430-LPS), SK hynix Inc., SK hynix America, Inc., Hynix Semiconductor Manufacturing
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`America, Inc., and SK hynix Memory Solutions Inc. (Case No. 14-cv-01432-LPS-CJB), and
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`Micron Technology, Inc., Micron Semiconductor Products, Inc. and Micron Consumer Products
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`Group, Inc. (Case No. 14-cv-01431-LPS-CJB); and all of their subsidiaries, parent companies,
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`holding companies, divisions, subdivisions, components, units, partnerships,
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`limited
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`partnerships, joint ventures, associations, and affiliates; all predecessors, successors, and assigns
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`of each of the foregoing; all past and present officers, employees, directors, agents, consultants,
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`representatives, and attorneys of each of the foregoing; and all other Persons acting or purporting
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`to act for, on behalf of, or in the interest of Defendants.
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`4.
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`“Patents-in-Suit” and “Asserted Patents” currently refer to U.S. Patent Nos.
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`7,193,239; 7,474,004; 7,504,732; 8,035,233; 8,410,617; 8,629,542; 8,653,672; 8,791,581,
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`8,796,862; 8,841,778; 8,907,499; 8,928,119; and 8,933,570. If Elm amends its Complaint to
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`include infringement counts as to additional asserted patent(s), the terms “Patent-in-Suit” and
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`“Asserted Patents” shall also encompass the later-asserted patent(s) and Elm’s duty to serve
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`supplemental Documents in accordance with Rule 26(e) of the Federal Rules of Civil Procedure.
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`5.
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`The terms “Lawsuits,” “Actions,” “Cases,” or “Proceedings” refer to the above
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`captioned litigations, Elm 3DS Innovations, LLC vs. Samsung Electronics Co., Ltd., et al., Case
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`No. 14-cv-1430-LPS, Elm 3DS Innovations, LLC vs. Micron Technology, Inc., et al., Case No.
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`14-cv-1431-LPS, or Elm 3DS Innovations, LLC vs. SK hynix, Inc., et al., Case No. 14-cv-1432-
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`LPS.
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`6.
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`“People” and “Person” shall include any natural individual, business, corporation,
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`independent establishment, firm, partnership, joint venture, other business organization; and any
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`charitable, religious, educational, governmental, legal or other institution, foundation, body,
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`organization, or entity. The terms include any and all of that Person’s predecessors, successors,
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`assigns, Personal representatives, agents, attorneys, and heirs whether by operation of law or
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`otherwise. Unless otherwise stated, the terms also include any employee, agent, or
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`representative of any of the foregoing and any other individual or entity mentioned in these
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`instructions and definitions.
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`7.
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`“Prior Art” means any and all knowledge or learning, or any evidence thereof,
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`that existed prior to the filing date of a Patent-in-Suit, and that relates to (a) the Patents-in-Suit or
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`any application or patent related to the Patents-in-Suit, (b) the subject matter disclosed in the
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`Patents-in-Suit or any application or patent related to the Patents-in-Suit, (c) any product, system,
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`or method referenced in the Patents-in-Suit or any application or patent related to the Patents-in-
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`Suit, or (d) any product, system, or method that allegedly infringed or infringes any claim of the
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`Patents-in-Suit. “Prior Art” may take any form, including, without limitation, Documents,
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`articles, publications, presentation materials, pamphlets, products, product-related Documents,
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`manuals, marketing materials, educational materials, public uses, physical specimens,
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`prototypes, contracts, sales, offers to sell, and United States and foreign patents and patent
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`applications.
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`8.
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`“Related Patent” or “patent related to” means any patent that issued from any
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`application, in any country, that: (a) is a parent, child, or ancestral application related in any way
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`to a given patent; (b) is a continuation application, continuation-in-part application, divisional
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`application, file-wrapper continuation, reexamination, reissue application, provisional given
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`patent; (d) is the basis for a claim of priority in whole or in part (including claims of benefit
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`under 35 U.S.C. §§ 119(e) or 120) for a given patent; or (e) shares subject matter with a given
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`patent.
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`9.
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`“Related Patent Application” or “application related to” means any patent
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`application, filed in any country, that: (a) is a parent, child, or ancestral application related in any
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`way to a given application; (b) is a continuation application, continuation-in-part application,
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`divisional application, file-wrapper continuation, reexamination, reissue application, provisional
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`application, or abandoned application of a given application; (c) claims priority in whole or in
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`part from a given application; (d) is the basis for a claim of priority in whole or in part (including
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`claims of benefit under 35 U.S.C. §§ 119(e) or 120) for a given application; or (e) shares subject
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`matter with a given application.
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`10.
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`“Date” or “day” means the exact day, month, and year, if ascertainable, or if not,
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`the best available approximation (including a relationship to other events).
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`11.
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`The term “Document” is defined to be synonymous in meaning and equal in
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`scope to the usage of the term “Documents or electronically stored information” in Rule 34(a) of
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`the Federal Rules of Civil Procedure. A draft or non-identical copy is a separate Document
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`within the meaning of this term. Any reference to “Documents” shall be construed also to refer
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`to “Documents and Things.”
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`12.
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`“All Documents” means any and all documents that might reasonably be located
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`through a search of all locations reasonably likely to contain documents.
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`13.
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`The term “Communication” means any oral, written, or other contact between two
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`or more Persons or entities by which any information or knowledge of any nature is transmitted
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`or conveyed or attempted to be transmitted or conveyed, including letters, memoranda,
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`telegrams, telefaxes, emails, telecopies, face-to-face meetings, etc.
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`14.
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`The term “Things” means any tangible item that is not a Document.
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`15. Construe “and” and “or” conjunctively and disjunctively so as to achieve the
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`broadest possible meaning.
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`16.
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`The terms “all,” “any,” and “each” encompass “any and all.”
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`17.
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`“Including” means “including, but not limited to,” or “including, without
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`limitation,” so that the Request for Production shall acquire the broadest possible meaning.
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`Likewise, “includes” means “includes, but is not limited to,” or “includes, without limitation.”
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`18.
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`“Concerning,” “referred to,” “referring to,” “refer to,” “related to,” “relating to,”
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`or “relate to,” means, without limitation, assessing, comprising, constituting, containing,
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`describing, discussing, embodying, evidencing, identifying, pertaining to, reflecting, stating,
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`supporting, or tending to support or refute, or referring in any other way, directly or indirectly, in
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`whole or in part, to the subject matter specified.
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`19.
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`The use of a verb tense encompasses the use of that verb in all other tenses.
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`20. All references to the singular encompass the plural, and all references to the plural
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`encompass the singular. All reference to the masculine gender encompasses the feminine and
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`neuter.
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`INSTRUCTIONS
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`1.
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`You shall deem these Requests for Production to be continuing, and You shall
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`provide supplemental responses pursuant to Rule 26(e) of the Federal Rules of Civil Procedure.
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`2.
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`You shall answer each Request for Production on the basis of Your entire
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`knowledge from all sources after conducting an appropriate good faith inquiry and search.
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`3.
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`The Documents and/or Things requested are to be produced or made available for
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`inspection, examination, and copying at the offices of Paul Hastings LLP, 875 15th Street, N.W.
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`Washington, D.C. 20005; O’Melveny & Myers LLP, 610 Newport Center Drive, Newport
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`Beach, CA 92660; and K&L Gates, Four Embarcadero Center Suite 1200, San Francisco, CA
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`94111.
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`4.
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`If You encounter any ambiguities when construing a Request for Production,
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`Instruction, or Definition, Your answer shall set forth the matter You deem ambiguous and the
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`construction You used in responding.
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`5.
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`Each Request for Production seeks the original and all copies, as well as all
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`versions of the requested Document, material, electronically-stored information, or data on
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`computer disk.
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`6.
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`Electronically-stored information responsive to these requests is to be produced in
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`the format set forth in the Discovery Plan and ESI agreement adopted by the parties.
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`7.
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`Each Document and/or Thing produced in response to these requests shall be
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`produced as it is kept in the usual course of business, including all file folders, binders,
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`notebooks and other devices by which such papers or Things may be organized or separated.
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`8.
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`If You are unable to fully answer any Request for Production, furnish as complete
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`an answer that is available and explain why Your answer is incomplete, the efforts made to
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`obtain a responsive answer, and the source(s) from which all Documents and/or Things
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`responsive to these requests may be obtained to the best of Your knowledge or belief.
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`9.
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`If You withhold Documents and/or Things on the grounds of attorney-client
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`privilege, work product immunity, or any other privilege or immunity, identify the nature of the
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`privilege that You claim, and if the privilege is being asserted in connection with a claim or
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`defense governed by state law, state the privilege rule You invoke. When withholding
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`Documents and/or Things on the basis of any privilege claim, You must also indicate whether
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`any such information exists.
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`10.
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`For any Documents and/or Things requested herein that has been destroyed,
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`transferred, or lost, identify the information, provide a brief explanation of the circumstances
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`(e.g., when, how, by whom, and why) surrounding the information’s destruction, transfer, or
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`loss, and identify any and all records pertaining to its destruction, transfer, or loss.
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`11.
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`If You have a good faith objection to any Request for Production or any part
`
`thereof, the specific nature of the objection and whether it applies to the entire Request for
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`Production or to a part of the Request for Production shall be stated. If You object to any part of
`
`a Request for Production, then You shall identify the part to which You object and respond to the
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`remaining unobjectionable part of the Request for Production.
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`12.
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`These requests are intended to include all Documents and Things in Plaintiff’s
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`possession, custody, or control, whether directly or indirectly. Documents or Things are deemed
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`to be within Plaintiff’s possession, custody, or control if:
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` they are within Plaintiff’s actual knowledge or possession;
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` they are in Plaintiff’s physical control or ownership;
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` they are within the knowledge, custody or control of any other Person or entity
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`and Plaintiff could obtain them upon conducting a reasonable inquiry; or
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` they are in the physical control of any other Person, and Plaintiff: (i) owns them
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`in whole or in part; (ii) has a right by contract, statute, or otherwise to use, inspect,
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`examine, or copy them on any terms; or (iii) has, as a practical matter, been able to use,
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`examine, or copy them when Plaintiff sought to do so.
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`13.
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`If You or Your attorneys know of the existence of any Documents and/or Things
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`called for in a Request for Production, but such Documents and/or Things are not presently in
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`Your possession, custody, or control, You shall so state in Your answer to the Request for
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`Production, identify such Documents and/or Things in Your answer to the Request for
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`Production, and identify the individual(s) in whose possession, custody, or control the
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`Documents and/or Things were last known to reside.
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`14.
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`If a Request for Production is silent as to the time period for which a response is
`
`sought, the response shall be made of all Documents or Things within Plaintiff’s possession,
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`custody, or control at any time prior to and up through the date of Plaintiff’s response, subject to
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`Plaintiff’s obligation to supplement under Fed. R. Civ. P. 26(e).
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`REQUESTS FOR PRODUCTION
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`REQUEST FOR PRODUCTION NO. 1:
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`
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`All Documents and Things relating to the Patents-in-Suit or one of the Lawsuits.
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`REQUEST FOR PRODUCTION NO. 2:
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`All Documents and Things relating to the preparation, filing and prosecution of the
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`Patents-in-Suit or any Related Patent and/or Related Patent Application, including but not
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`limited to:
`
`a.
`
`b.
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`a complete copy of the prosecution history for each Patent-in-Suit, the
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`Related Patents or any Related Patent Application;
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`a complete copy of all memoranda and correspondence concerning the
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`prosecution of each Patent-in-Suit and each Related Patent and Related
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`Patent Application;
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`c.
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`d.
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`e.
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`f.
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`a complete copy of the prosecution file of the prosecuting attorney or
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`agent for each Patent-in-Suit and each Related Patent and Related Patent
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`Application including but not limited to drafts of patent applications and
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`drawings;
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`all patents or other publications reviewed in connection with the
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`prosecution by anyone who participated in the prosecution of any Patent-
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`in-Suit or any Related Patent or Related Patent Application;
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`all Prior Art cited or considered in connection with the prosecution of any
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`Patent-in-Suit or any Related Patent or Related Patent Application; and
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`all correspondence with the PTO or any foreign patent office concerning
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`the prosecution of each Patent-in-Suit or any Related Patent or Related
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`Patent Application.
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`REQUEST FOR PRODUCTION NO. 3:
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`All Documents and Things relating to any named inventor’s activities in connection with
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`the Patents-in-Suit, all Related Patent and/or Related Patent Application, or any product, system,
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`or method allegedly embodying any claim of the Patents-in-Suit or any Related Patent, including
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`but not limited to prosecution histories, personnel files, correspondence, technical publications,
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`journal articles, presentations, studies, theses, academic papers, research papers, technical
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`analyses, and inventor notebooks.
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`REQUEST FOR PRODUCTION NO. 4:
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`All Documents and Things relating to the conception, reduction to practice, and diligence
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`between conception and reduction to practice of the alleged inventions disclosed in the Patents-
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`in-Suit or any Related Patent and/or Related Patent Application, including, but not limited to,
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`models, prototypes, specifications, schematics, simulations, notes, laboratory notebooks,
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`manuals, memoranda, correspondence, or e-mail.
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`REQUEST FOR PRODUCTION NO. 5:
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`All Documents and Things relating to any novelty, state-of-the art, validity, infringement,
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`Prior Art, or other searches conducted in connection with the Patents-in-Suit or any Related
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`Patent and/or Related Patent Application, including but not limited to Plaintiff’s knowledge of
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`the Prior Art and the dates of such knowledge.
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`REQUEST FOR PRODUCTION NO. 6:
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`All Documents and Things relating to any opinion, analysis, or investigation of the scope,
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`validity, invalidity, enforceability, unenforceability, infringement, or non-infringement of the
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`Patents-in-Suit or any Related Patent.
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`REQUEST FOR PRODUCTION NO. 7:
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`All Documents and Things that You contend or believe affect, limit, or bear on the
`
`interpretation and/or construction of any claims of any of the Patents-In-Suit.
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`REQUEST FOR PRODUCTION NO. 8:
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`All Documents and Things on which You intend to rely in support of any proposed
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`interpretation and/or construction of any claims of any of the Patents-In-Suit.
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`REQUEST FOR PRODUCTION NO. 9:
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`All Documents and Things relating to any unique or specialized meaning (i.e., different
`
`from its everyday common use) of any word or phrase contained in any claim of any of the
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`Patents-In-Suit.
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`REQUEST FOR PRODUCTION NO. 10:
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`All Documents and Things relating to the initial offer for sale, initial manufacture, initial
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`use, initial sale, initial public use, initial shipment, initial announcement, or initial disclosure of a
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`product embodying any claim of the Patents-in-Suit.
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`REQUEST FOR PRODUCTION NO. 11:
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`All Documents and Things that You may use to show non-obviousness of any claim of
`
`the Patents-in-Suit, including, but not limited to, any Documents relating to any alleged
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`commercial success, long-felt but unsolved needs, failure of others, copying of the invention,
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`industry praise or awards, unexpected results, skepticism of others, or industry acceptance.
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`REQUEST FOR PRODUCTION NO. 12:
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`All Documents and Things relating to the level of ordinary skill in the art of the Patents-
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`in-Suit.
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`REQUEST FOR PRODUCTION NO. 13:
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`All Documents and Things relating to any statement, suggestion, comment, remark,
`
`assertion, or allegation by anyone contending or suggesting that the Patents-in-Suit comprise
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`unpatentable subject matter and/or are, in whole or in part, invalid and/or unenforceable
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`including, but not limited to, all Documents relating to any assertion by any Person that the
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`Patents-in-Suit are invalid for lack of enablement and/or failure to provide an adequate written
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`description.
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`REQUEST FOR PRODUCTION NO. 14:
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`All Documents, Things, and Communications relating to Your efforts to make third
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`parties or Defendants aware of the Patents-in-Suit or any Related Patent.
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`REQUEST FOR PRODUCTION NO. 15:
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`All Documents, Things, and Communications relating to Your efforts to exercise Your
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`alleged rights under the Patents-in-Suit or any Related Patent against third parties or Defendants ,
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`including the sending of correspondence to any third parties or Defendants and the filing of any
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`litigation against any third parties.
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`REQUEST FOR PRODUCTION NO. 16:
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`All Documents that refer or relate to any lawsuit, ITC action, interference, reexamination,
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`inter partes review, arbitration, mediation, or any other dispute or adversarial proceeding
`
`involving any of the Patents-in-Suit or any Related Patent, including without limitation:
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`a. all deposition transcripts with exhibits;
`
`b. all transcripts of hearings or other court proceedings;
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`c. all court orders;
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`d. all claim charts and supporting Documentation, including invalidity and
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`infringement contentions;
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`e. all discovery requests and responses;
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`f. all Documents provided to or exchanged with any tribunal or administrative
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`agency, including but not limited to all briefing;
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`g. all Documents produced to any party;
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`h. all expert reports, declarations, or affidavits and supporting Documentation;
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`i. all depositions and any exhibits thereto; and
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`j. all Documents produced in contemplation of settlement.
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`REQUEST FOR PRODUCTION NO. 17:
`
`For any product, system, or method that You offer or have offered for sale and allege is
`
`covered by any claim of the Patents-in-Suit or any Related Patent, Documents and Things
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`sufficient to disclose all variations of the design or operation of that product, system, or method,
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`including but not limited to drawings, technical specifications, source code, manuals, notebooks,
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`reports, and Communications.
`
`REQUEST FOR PRODUCTION NO. 18:
`
`For any product, system, or method that You offer or have offered for sale and allege is
`
`covered by any claim of the Patents-in-Suit or any Related Patent, Documents and Things
`
`sufficient to show how each product, system, or method operates to satisfy the elements of each
`
`claim.
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`REQUEST FOR PRODUCTION NO. 19:
`
`Documents and Things sufficient to describe the corporate and organizational structure,
`
`including ownership and control, of Elm, and any corporate parents, subsidiaries, affiliates,
`
`predecessors or successors thereof.
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`REQUEST FOR PRODUCTION NO. 20:
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`Documents and Things sufficient to show the chain of title and transfer thereof of the
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`Patents-in-Suit, any underlying applications for the Patents-In-Suit, Related Patents, and Related
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`Patent Applications, including consideration given, from inventor(s) to current assignee(s).
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`REQUEST FOR PRODUCTION NO. 21:
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`Documents and Things sufficient to show Mr. Leedy’s obligations, including with respect
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`to the assignment of patents, inventions, and intellectual property, with any affiliated entity,
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`including Elm, or any prior employer.
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`REQUEST FOR PRODUCTION NO. 22:
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`Documents and Things sufficient to show any policy, instruction or set of instructions,
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`directive, policy statement, study, or other Communication by You relating to the destruction,
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`management, or retention of documents or records.
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`REQUEST FOR PRODUCTION NO. 23:
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`All Documents and Things identified in Your responses to Defendants’ interrogatories to
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`You or relied upon by You in preparing Your response to those interrogatories.
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`REQUEST FOR PRODUCTION NO. 24:
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`All licenses, assignments, settlement agreements, covenants not to sue, employment
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`agreements, consulting agreements, or other Documents reflecting the transfer of rights or
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`contingent rights to the Patents-in-Suit or any Related Patent or Related Patent Application.
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`REQUEST FOR PRODUCTION NO. 25:
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`All contracts or invoices between You and any third party regarding the sale or use of any
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`product, system, or method that You offer or have offered for sale and claim is covered by any
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`claim of the Patents-in-Suit or any Related Patent or Related Patent Application.
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`REQUEST FOR PRODUCTION NO. 26:
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`Documents and Things sufficient to show the consideration given to You by third parties
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`related to any product, system, or method that You offer or have offered for sale and claim is
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`covered by any claim of the Patents-in-Suit or any Related Patent or Related Patent Applications,
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`including but not limited to payments made for any licenses granted or product, system, or
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`service purchased.
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`REQUEST FOR PRODUCTION NO. 27:
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`Documents and Things sufficient to show all internal or external tests, analyses, studies,
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`comparisons, reports, surveys, forecasts, and/or examinations of Defendants’ accused products
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`performed by Elm or on behalf of Elm, including but not limited to the full data or results of such
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`tests, and processes used to conduct such tests or analyses.
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`REQUEST FOR PRODUCTION NO. 28:
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`All Documents and Things relating to Your contention that this is an exceptional case.
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`REQUEST FOR PRODUCTION NO. 29:
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`All Documents and Things relating to Your contention that any Defendants cited and/or
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`discussed a Patent-in-suit, Related Patent or Related Patent Application in any Defendants’
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`patent or patent application.
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`REQUEST FOR PRODUCTION NO. 30:
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`All Documents and Things related to the value to consumers of any alleged invention
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`described in any Patent-in-Suit.
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`REQUEST FOR PRODUCTION NO. 31:
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`All Documents and Things concerning press releases, advertisements, literature,
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`brochures, price lists, announcements, or other promotional materials concerning any Patent-in-
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`Suit.
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`REQUEST FOR PRODUCTION NO. 32:
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`All Documents and Things relating to any interest (financial or otherwise) of any
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`inventor of the Patents-in-Suit may have as a result of the outcome of one of the Cases.
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`REQUEST FOR PRODUCTION NO. 33:
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`All Documents and Things concerning alleged infringement or non-infringement of any
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`of the claims of any Patent-in-Suit, including internal or external studies, comparisons, reports,
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`or surveys.
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`REQUEST FOR PRODUCTION NO. 34:
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`All marketing, advertising or promotional Documents and Things concerning any product
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`that Plaintiff allege or believe embodies any claim of any Patent-in-Suit.
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`REQUEST FOR PRODUCTION NO. 35:
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`All documents and things that constitute, refer to, or relate to agreements concerning
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`ownership of any rights to the Patents-in-Suit or Related Patents and Applications.
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`REQUEST FOR PRODUCTION NO. 36:
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`All documents and things that constitute, refer to, or relate to any contention or
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`communication by You or any third party regarding the ownership of any rights to the Patents-
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`in-Suit, Related Patents and Applications, or any intellectual property rights to any of the
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`claimed inventions of the Patents-in-Suit.
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`REQUEST FOR PRODUCTION NO. 37:
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`All documents and things that constitute, refer to, or relate to agreements concerning
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`these Cases or funding of these Cases.
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`REQUEST FOR PRODUCTION NO. 38:
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`All documents and things that constitute, refer to, or relate to communications between
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`You and any third party concerning investment or fund-raising activities concerning Elm, the
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`Patents-in-Suit, Related Patents and Applications, or these Cases, including without limitation,
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`all materials shown to, provided to, or received from potential or actual investors.
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`REQUEST FOR PRODUCTION NO. 39:
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`All documents and things sufficient to show the ownership of Elm, including without
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`limitation, each member’s interest, shares, and equity contribution.
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`REQUEST FOR PRODUCTION NO. 40:
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`All documents and things that constitute, refer to, or relate to agreements concerning the
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`distribution of revenue or any recovery from the Patents-in-Suit or Related Patents and
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`Applications to anyone.
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`REQUEST FOR PRODUCTION NO. 41:
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`All documents and things You contend evidence that any of the Defendants had notice of
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`the Patents-in-Suit before the filing of the Complaints.
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`REQUEST FOR PRODUCTION NO. 42:
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`All documents and things that constitute, refer to, or relate to any alleged communication
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`between Mr. Leedy or Elm and any of the Defendants, including but not limited to any alleged
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`communication between Mr. Leedy and Micron’s CEO, CTO, or VP of Technology, any
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`document or slide presentation that Mr. Leedy allegedly provided to Micron, and any discussion
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`of the alleged benefits of the patented technology and the alleged availability of licenses (as
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`referred to in Elm’s First Amended Complaint against Micron, paragraph 31); any
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`communication between Mr. Leedy or Elm and Samsung (as referred to in Elm’s First Amended
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`Complaint against Samsung, paragraph 32 ); and any communication between Mr. Leedy or Elm
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`and SK hynix (as referred to in Elm’s First Amended Complaint against SK hynix, paragraph
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`32).
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`REQUEST FOR PRODUCTION NO. 43:
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`All documents and things that constitute, refer to, or relate to communications between
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`You and any third party relating to product planning, development, and release.
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`REQUEST FOR PRODUCTION NO. 44:
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`All documents and things that evidence, refer to, or relate to any payments to anyone
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`concerning the design, development, manufacture, offer for sale, or sale of any of Your products
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`or services.
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`REQUEST FOR PRODUCTION NO. 45:
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`All documents and things that constitute, refer to, or relate to Your business or revenue
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`generation plans.
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`REQUEST FOR PRODUCTION NO. 46:
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`All documents and things that constitute, refer to, or relate to agreements involving, or
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`between, Mr. Leedy and Elm concerning any litigation involving the Patents-in-Suit or Related
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`Patents and Applications.
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`REQUEST FOR PRODUCTION NO. 47:
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`All documents and things that constitute, refer to, or relate to communications between
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`You or Your predecessors, including Elm Technology Corporation, on one hand, and Tachyon
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`Semiconductor Corporation or any corporate parents, subsidiaries, affiliates, predecessors or
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`successors thereof, on the other hand.
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`REQUEST FOR PRODUCTION NO. 48:
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`All documents and things that refer to or relate to any litigation, contemplated litigation,
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`dispute, or negotiation between You or Your predecessors, including Elm Technology
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`Corpor