Case 1:14-cv-01430-LPS Document 336 Filed 09/25/20 Page 1 of 24 PageID #: 21427
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. NO. 14-01430-LPS-CJB
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`JURY TRIAL DEMANDED
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`V.
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`ELM 3DS INNOVATIONS, LLC,
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`PLAINTIFF,
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`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG SEMICONDUCTOR, INC.,
`SAMSUNG ELECTRONICS AMERICA, INC.,
`AND SAMSUNG AUSTIN
`SEMICONDUCTOR, LLC,
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`DEFENDANTS.
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`SAMSUNG’S NOTICE OF RULE 30(b)(6) DEPOSITION OF ELM
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`To: Elm 3DS Innovations, LLC, by and through its counsel of record:
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`PLEASE TAKE NOTICE that pursuant to Federal Rule of Civil Procedure 30(b)(6),
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`Defendants Samsung Electronics Co., Ltd., Samsung Semiconductor Inc., Samsung Austin
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`Semiconductor LLC, and Samsung Electronics America, Inc. (together, “Samsung”) will take the
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`videotaped deposition of Plaintiff Elm 3DS Corp. (“Elm”) at a mutually-agreed upon time and
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`date at the offices of Paul Hastings LLP, 875 15th Street, N.W. Washington, D.C. 20005.
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`The deposition will continue from day-to-day until completed or unless otherwise
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`ordered by the Court or by agreement of the parties. The deposition will be stenographically
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`recorded utilizing real-time reporting and will be taken before a person authorized to administer
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`oaths in the place where the deposition is taken. The deposition will be videotaped.
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`Pursuant to Federal Rule of Civil Procedure 30(b)(6), Elm shall designate one or more
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`officers, directors, agents, employees, or other persons to testify on its behalf with respect to the
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`topics set forth in Attachment A attached hereto.
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`

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`Case 1:14-cv-01430-LPS Document 336 Filed 09/25/20 Page 2 of 24 PageID #: 21428
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`ATTACHMENT A
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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 this
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`notice, please contact undersigned counsel and request such clarification of Definition.
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`2.
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`Notwithstanding any definition set forth below, each word, term, or phrase used
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`in these Topics is intended to have the broadest meaning permitted under the Federal Rules of
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`Civil Procedure. In these Topics, the following terms are to be given their ascribed definitions:
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`3.
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`“Elm,” “Plaintiff,” “You,” or “Your” means Elm 3DS Innovations, LLC (and/or
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`Glenn Leedy’s trust) 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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`affiliates, and trusts; all predecessors, successors, assigns, and trusts of each of the foregoing; all
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`past and present officers, employees, directors, agents, consultants, representatives, attorneys,
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`trustees, trustors, owners, members, shareholders, and interest holders of each of the foregoing;
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`and all other Persons acting or purporting to act for, on behalf of, or in the interest of Elm.
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`4.
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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., and all of
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`their subsidiaries, parent companies, holding companies, divisions, subdivisions, components,
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`units, partnerships, limited partnerships, joint ventures, associations, and affiliates; all
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`predecessors, successors, and assigns of each of the foregoing; all past and present officers,
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`employees, directors, agents, consultants, representatives, and attorneys of each of the foregoing;
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`and all other Persons acting or purporting to act for, on behalf of, or in the interest of Defendants.
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`5.
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`The phrase “third party” shall mean and include any person or persons other than
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`Defendants and Plaintiff.
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`3
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`Case 1:14-cv-01430-LPS Document 336 Filed 09/25/20 Page 3 of 24 PageID #: 21429
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`6.
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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; 8,410,617; 8,629,542; 8,653,672; 8,791,581; 8,796,862;
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`8,841,778; 8,907,499; 8,928,119; and 8,933,570. If Elm amends its Complaint to include
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`infringement counts as to additional asserted patent(s), the terms “Patent-in-Suit” and “Asserted
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`Patents” shall also encompass the later-asserted patent(s) and Elm’s duty to serve supplemental
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`Documents in accordance with Rule 26(e) of the Federal Rules of Civil Procedure.
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`7.
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`The term “Asserted Claim(s)” shall mean any claim or claims of the Patents-in-
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`Suit that Plaintiff contends is infringed by Defendants.
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`8.
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`The terms “Lawsuit,” “Action,” “Case,” or “Proceeding” refer to the above
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`captioned litigation, Elm 3DS Innovations, LLC vs. Samsung Electronics Co., Ltd., et al., Case
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`No. 14-cv-1430-LPS (D. Del.).
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`9.
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`The term “Related Litigation” means any lawsuit, interference, arbitration,
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`mediation, opposition proceeding, or any other dispute or adversarial proceeding involving any
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`Patent-in-Suit or any Related Patent, including any foreign counterparts.
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`10.
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`The term “Accused Products” means any of Defendants’ products that Plaintiff
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`contends infringes any Asserted Claim.
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`11.
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`The term “Prior Assignee” means any entity (including its predecessors (merged,
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`acquired, or otherwise), successors, subsidiaries, parents) who previously was assigned or held
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`rights in any of the Patents-in-Suit or Related Patents.
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`12.
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`“People” and “Person” shall include any natural individual, business, corporation,
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`independent establishment, firm, partnership, joint venture, trust, other business organization;
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`and any charitable, religious, educational, governmental, legal or other institution, foundation,
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`body, organization, or entity. The terms include any and all of that Person’s predecessors,
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`4
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`Case 1:14-cv-01430-LPS Document 336 Filed 09/25/20 Page 4 of 24 PageID #: 21430
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`successors, assigns, Personal representatives, agents, attorneys, trustees, trustors, and heirs
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`whether by operation of law or otherwise. Unless otherwise stated, the terms also include any
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`employee, agent, or representative of any of the foregoing and any other individual or entity
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`mentioned in these instructions and definitions.
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`13.
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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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`14.
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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,
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`file-wrapper continuation,
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`reexamination,
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`reissue application, provisional
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`application, or abandoned application of a given patent or the application that led to a 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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`5
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`15.
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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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`16.
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`The term “Complaint(s)” as used herein encompasses the complaint(s) filed by
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`Elm in the Cases in the United States District Court for the District of Delaware against
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`Defendants.
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`17.
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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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`18.
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`“Document(s)” shall have the broadest possible meaning allowed by Rule 34(a) of
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`the Federal Rules of Civil Procedure, and includes (without limitation) any writing of any kind,
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`including originals and all non-identical copies (whether different from the original by reason of
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`any notation made on such copies or otherwise). The term “document(s)” shall include
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`electronically stored information and shall also include, without limitation, the following items,
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`whether printed or reproduced by any process, or written or produced by hand or stored in
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`computer memory, magnetic or hard disk or other data storage medium, and whether or not
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`claimed to be privileged, confidential or otherwise excludable from discovery, namely, notes,
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`letters, correspondence, communications, telegrams, memoranda, summaries or records of
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`telephone conversations, summaries or records of personal conversations or meetings, diaries,
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`6
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`reports, laboratory and research reports and notebooks, recorded experiments, charts, plans,
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`drawings, diagrams, schematic diagrams, HDL, Verilog, or other computer code, illustrations,
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`product descriptions, product analyses, requests for proposals, documents related to proposed or
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`actual product improvements or changes, users manuals or guides, installation guides or
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`manuals, technical descriptions or specifications, product repair manuals or guides, photographs,
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`video images, software flow charts or descriptions or specifications, product functional
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`descriptions or specifications, minutes or records of meetings, summaries of interviews, reports,
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`or investigations, opinions or reports of consultants, reports of patent searches, patent appraisals,
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`opinions of counsel, agreements, reports or summaries of negotiations, brochures, pamphlets,
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`advertisements, circulars, trade letters, press releases, drafts of documents, and all other materials
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`fixed in a tangible medium of whatever kind known to You or in Your possession, custody, or
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`control.
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`19.
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`The term “Communication(s)” shall mean the transmittal of information, in any
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`form, by any means, and includes, without limitation, any transfer of information, ideas,
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`opinions, or thoughts by any means, written, oral, or otherwise, at any time or place under any
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`circumstances, and any documents incorporating, summarizing or describing the contents of the
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`transmission, meetings and discussions, telephone conversations, electronic communications,
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`telegraphic communication or any document containing a recording, transcription, summary or
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`description or identifying the time, place, subject matter, medium of transmission and/or
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`participants in the transmission. The definition is not limited to transfers between persons, but
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`also includes other transfers, such as records and memoranda to file; any written letter,
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`memorandum, or other document that was sent by one or more individuals to another or others;
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`any telephone call between one or more individuals and another or others, whether such call was
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`7
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`by chance or prearranged or not, formal or informal; and any conversation or meeting between
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`one or more individuals and another, whether such contact was by chance or prearranged or not,
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`formal or informal.
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`20.
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`21.
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`The term “Thing(s)” means any tangible item that is not a Document.
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`Construe “and” and “or” conjunctively and disjunctively so as to achieve the
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`broadest possible meaning.
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`22.
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`23.
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`The terms “all,” “any,” and “each” encompass “any and all.”
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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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`24.
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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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`25.
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`The term “identify” as applied to an event means to provide a description of the
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`event, the date of the event, the location of the event, and the individuals and entities
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`participating in the event.
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`26.
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`The term “identify” as applied to factual or legal bases means to state in detail
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`each and every fact, and each and every legal proposition or interpretation, upon which a belief
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`or contention is based, and identify all documents, persons and events that support that belief or
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`contention.
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`8
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`27.
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`The term “identify” as applied to a person shall mean to specify the full name,
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`present or last known address and telephone number, and when referring to a natural person, the
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`person’s present or last known employer or business affiliation, and position or job description.
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`28.
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`29.
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`The use of a verb tense encompasses the use of that verb in all other tenses.
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`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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`30.
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`“Epicenter IP Group” or “Epicenter” means Epicenter IP Group LLC and all of its
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`subsidiaries, parent companies, holding companies, divisions, subdivisions, components, units,
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`partnerships, limited partnerships, joint ventures, associations, affiliates, and trusts; all
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`predecessors, successors, assigns, and trusts of each of the foregoing; all past and present
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`officers, employees, directors, agents, consultants, representatives, attorneys, trustees, trustors,
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`settlors, owners, members, shareholders, and interest holders of each of the foregoing; and all
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`other Persons acting or purporting to act for, on behalf of, or in the interest of Epicenter.
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`9
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`Case 1:14-cv-01430-LPS Document 336 Filed 09/25/20 Page 9 of 24 PageID #: 21435
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`TOPICS
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`1.
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`The underlying factual bases for preparing Elm’s pleadings in this case, including
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`without limitation, those demonstrating a good faith basis to bring suit against Samsung, and to
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`identify a product as an accused product.
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`2.
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`3.
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`All facts and circumstances relating to Elm’s decision to file this Lawsuit.
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`All facts and circumstances relating to the design and development of the subject
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`matter and/or technology of all claims of the Patents-in-Suit, including the key dates of events
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`related to the alleged inventions claimed in the Patents-in-Suit and the names of all purported
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`inventors.
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`4.
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`All facts and circumstances relating to the research, design, development, testing,
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`configuration, manufacture, assembly, identity, features, function, structure, operation, use,
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`performance, or engineering of any product, system, or technology (including without limitation
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`prototypes) that practices, uses, embodies, or incorporates, in whole or in part, any alleged
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`invention claimed in the Patents-in-Suit.
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`5.
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`All facts and circumstances relating to the cost, pricing, valuation, offer for sale,
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`sales, distribution, promotion, and marketing of any product, system, or technology (including
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`without limitation the first prototype) that practices, uses, embodies, or incorporates, in whole or
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`in part, any alleged invention claimed tin the Patents-in-Suit.
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`6.
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`All facts and circumstances relating to the first use, first demonstration, first offer
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`for sale, first manufacture, or first public disclosure of the subject matter claimed in the Patents-
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`in-Suit.
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`7.
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`All facts and circumstances relating to the prosecution of the Patents-in-Suit or
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`any related patent applications, including without limitation divisionals, continuations and
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`continuations-in-part of the Patents-in-Suit.
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`8.
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`The management of Elm 3DS’s patent portfolio, including, without limitation, the
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`acquisition of patents and patent applications, divestment of patents, patent prosecution,
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`maintenance fees, and licensing.
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`9.
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`10.
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`The conception and/or reduction to practice of the claims of the asserted patent.
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`The facts and circumstances regarding inventorship of the alleged invention(s) of
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`the Patents-in-Suit, including but not limited to the contribution of each Person involved therein
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`to the conception and/or reduction to practice of the subject matter of each asserted claim.
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`11.
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`The factual bases for all allegations made in this Litigation regarding the priority
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`date, date of invention, or earliest effective filing date for each asserted claim.
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`12.
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`All facts and circumstances relating to prior art known to Elm or the alleged
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`inventor named on the Patents-in-Suit, including without limitation all patents, publications, or
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`other materials or events that anyone has suggested or stated are or may be prior art.
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`13.
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`All facts and circumstances relating to testing, analysis, or research comparing the
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`claims of the Patents-in-Suit to prior art.
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`14.
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`The education, experience, knowledge, qualifications, and credentials of a person
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`of ordinary skill in the art at the time of the alleged invention for the Patents-in-Suit.
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`15.
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`The state of the art concerning the alleged invention(s) of each Patent-in-Suit at
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`the time the respective alleged invention(s) were conceived and/or reduced to practice, including
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`any perceived need in the industry for the alleged invention(s) of the Patents-in-Suit.
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`11
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`16.
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`The subject matter of the Patents-in-Suit, including the problem allegedly solved,
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`improvements allegedly provided by each of the Patents-in-Suit, and the structure, function,
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`design, and operation of each embodiment disclosed in the specification.
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`17.
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`The facts and circumstances that form the bases for Elm’s contentions that the
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`Patents-in-Suit are valid and enforceable.
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`18.
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`The factual bases for all allegations that the asserted claims of the Patents-in-Suit
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`are not invalid as anticipated under 35 U.S.C. §102 or obvious under 35 U.S.C. §103.
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`19.
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`All facts and circumstances relating to Elm’s contention, if any, that there is any
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`advantage or disadvantage, commercial success, long-felt need or problem, copying, failure of
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`others, unexpected
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`results, skepticism or other “objective evidence” or “secondary
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`considerations” of non-obviousness under 35 U.S.C. § 103 for any of the Patents-in-Suit.
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`20.
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`The factual bases for all allegations that the specification of any Patent-in-Suit
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`contains adequate written description for the subject matter of any asserted claim.
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`21.
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`The factual bases for all allegations made in this Action that the specification of
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`any Patent-in-Suit enables the subject matter of any asserted claim.
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`22.
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`The preparation, prosecution, reissue, reexamination, or inter partes review of the
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`Patents-in-Suit and Related Patents (including foreign counterpart patents), including, without
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`limitation, each person involved in the preparation, prosecution, reissue, reexamination, or inter
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`partes review of the Patents-in-Suit and Related Patents.
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`23.
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`Elm’s methods of measuring dielectric stress to meet the limitations of the
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`asserted claims of the Patents-in-Suit including, without limitation, instruments that are used to
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`make stress measurements, variability of measured stress from one method to another, location
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`12
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`of measurement, sample-to-sample accuracy, point-to-point accuracy, and error inherent in each
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`method.
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`24.
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`Elm’s methods of measuring substrate flexibility or bendability to meet the
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`asserted claims of the Patents-in-Suit including, without limitation, instruments that are used to
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`make stress measurements, variability of measured stress from one method to another, location
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`of measurement, sample-to-sample accuracy, point-to-point accuracy, and error inherent in each
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`method.
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`25.
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`Elm’s proposed construction of the term “low stress” (as it appears in claims 10,
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`18, 61, and 71 of the ’239 patent; claims 1 and 21-23 of the ’004 patent; claims 1, 13, and 14 of
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`the ’732 patent; claim 95 of the ’672 patent; and claims 30 and 34 of the ’862 patent) and all
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`evidence Elm will use to support its proposed construction.
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`26.
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`Glenn Leedy’s understanding of the meaning of any word or phrase contained in
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`any of the claims of the Patents-in-Suit, including without limitation, Glenn Leedy’s
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`understanding and knowledge of the meaning of stress values and methods for determining stress
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`values in the Patents-in-Suit, and whether substrates, circuits, integrated circuits, or layers of
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`such are substantially flexible.
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`27.
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`Elm’s knowledge, awareness and understanding of Samsung’s products, including
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`any studies, investigations, tests, analyses, evaluations, or reverse engineering of any Samsung
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`products, conducted by anyone, before or after this Litigation.
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`28.
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`All facts and circumstances relating to Elm’s contention that Samsung’s products
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`infringe any asserted claim of any of the Patents-in-Suit, directly or indirectly, or under the
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`doctrine of equivalents.
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`29.
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`The facts and circumstances that form the bases for Elm’s allegations that
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`Samsung has induced and/or contributed to infringement, including the identity of any and all
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`direct infringers, location of alleged acts of infringement, acts by Samsung to induce
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`infringement, location of alleged acts that induced infringement, the existence and use of non-
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`infringing uses of the Accused Products, and knowledge by Samsung of infringement.
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`30.
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`All facts and circumstances relating to the amount of damages that Elm alleges to
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`have suffered as a result of Samsung’s alleged infringement, including without limitation any
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`evaluation, calculation, or determination of the value of a license under the Patents-in-Suit and
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`the rate of any royalty.
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`31.
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`The factual bases for Elm’s contention that it is entitled to any portion of
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`Samsung’s non-U.S. sales of the Accused Products.
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`32.
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`33.
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`The date of the hypothetical negotiation applicable to Samsung in this Litigation.
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`The factual bases for any contention that there is any quantitative benefit from the
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`alleged inventions claimed in the Patents-in-Suit, including any evidence of any difference in
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`performance or sales of a device incorporating these alleged inventions as compared to a device
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`that does not incorporate these alleged inventions.
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`34.
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`The factual basis for any contention that there is or was consumer demand for any
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`products that Elm contends embody or practice any claim of any of the Patents-in-Suit, and any
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`analyses, investigations, or evaluations concerning the bases thereof.
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`35.
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`The portion of the realizable profit from the sale of the Accused Products that
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`should be credited to the alleged invention of the Accused Products as distinguished from non-
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`patented elements, the manufacturing process, business risks, or significant features or
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`improvements added by Samsung.
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`36.
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`Any evidence of non-infringing alternatives to the alleged inventions claimed in
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`the Patents-in-Suit, including evidence of its commercial acceptability, cost, or technical
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`viability.
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`37.
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`38.
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`The factual bases for Elm’s contention that this case is exceptional.
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`All facts and circumstances relating to Elm’s first awareness of Samsung’s
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`products allegedly infringing the Patents-in-Suit.
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`39.
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`All facts and circumstances relating to Elm’s decision not to file suit during the
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`time that elapsed between Elm’s first awareness of Samsung’s alleged infringement and the
`
`filing of suit against Samsung.
`
`40.
`
`All facts and circumstances relating to the ownership, title, transfer, or assignment
`
`of the Patents-in-Suit, including without limitation any assignment, or any offers of ownership,
`
`title, transfer, or assignment of any of the Patents-in-Suit.
`
`41.
`
`Any investigation, research, or other diligence relating to the acquisition of the
`
`Patents-in-Suit.
`
`42.
`
`Communications between Elm and Glenn Leedy relating to Samsung, the Patents-
`
`in-Suit, Related Patents and/or this Litigation.
`
`43.
`
`Communications between Elm and Ron Epstein to Samsung, the Patents-in-Suit,
`
`Related Patents and/or this Litigation.
`
`44.
`
`All facts and circumstances relating to the ownership, title, chain-of-title, or
`
`interest (including transfer, sale, or assignment of any such interest) of or in the Patents-in-Suit
`
`to or from Glenn Leedy, Elm Technology Corporation, or Elm 3DS Innovations, LLC.
`
`45.
`
`All facts and circumstances relating to the ownership, title, chain-of-title, or
`
`interest of or in Elm Technology Corporation, Elm 3DS Innovations, LLC, or assets of either
`
`15
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`Case 1:14-cv-01430-LPS Document 336 Filed 09/25/20 Page 15 of 24 PageID #: 21441
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`entity (e.g, the Patents-in-Suit and any right to any recovery from this Litigation) including,
`
`without limitation, the transfer, sale, or assignment of any such interest to the estate of Glenn
`
`Leedy, to beneficiaries designated in Glenn Leedy’s will, or to Glenn Leedy’s heirs.
`
`46.
`
`All facts and circumstances relating to any trust (including, without limitation, the
`
`identity and role of any trustee of said trust) that owns or has any interest in Elm Technology
`
`Corporation, Elm 3DS Innovations, LLC, assets owned by either entity (e.g., the Patents-in-Suit
`
`and any right to any recovery from this Litigation).
`
`47.
`
`All facts and circumstances relating to the Glenn Leedy Administrative Trust,
`
`including its relationship to Elm.
`
`48.
`
`The nature and scope of any interest currently or previously held by Epicenter IP
`
`Group or Ron Epstein in the Patents-in-Suit, this Litigation, or any recovery from this Litigation.
`
`49.
`
`All facts and circumstances relating to Elm’s current and historical licensing
`
`practices, efforts to license its patents, and licenses to its patents, including without limitation the
`
`Patents-in-Suit, and the circumstances under which Elm will grant or has granted licenses, the
`
`identity of all licenses to the Patents-in-Suit, the factors that Elm considers when deciding what
`
`terms to incorporate in such licenses, the structure for such licenses, the amounts and royalty
`
`rates that Elm has either offered or accepted for such licenses, and any license agreements,
`
`correspondence, or discussions that have resulted from these efforts, including without limitation
`
`all agreements and communications with Tachyon Semiconductor Corp. (and related entities)
`
`and TSMC.
`
`50.
`
`All facts, circumstances, and communications relating to any then-existing
`
`licenses, offers to license and offers to discuss licensing (whether or not accepted), or
`
`16
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`encumbrances that applied to the Patent-in-Suit at the time Elm acquired them from Glenn
`
`Leedy.
`
`51.
`
`All actual or contemplated settlement agreements, covenants, negotiations or
`
`assignments of rights by anyone related to the Patents-in-Suit and/or Related Patents, including
`
`without limitation.
`
`52.
`
`All moneys and other valuable consideration received or paid by Elm, or any
`
`other person as a result of any agreement(s) relating to any of the Patents-in-Suit and/or any
`
`Related Patents.
`
`53.
`
`Elm’s disputes with Tachyon Semiconductor Corporation, and any of its
`
`predecessors, successors or related entities, including accusations that the Patents-in-Suit are not
`
`enabled or that the technology of the Patents-in-Suit does not work, and the subject matter of
`
`Case No. CV810754, originally filed in the Superior Court of California on August 30, 2002, and
`
`the documents, discovery requests and responses, licenses, and agreements related thereto.
`
`54.
`
`All facts and circumstances relating to Elm’s capacity to manufacture and market
`
`products embodying or analogous to the alleged inventions claimed by the Patents- in-Suit.
`
`55.
`
`All facts and circumstances relating to the identity and location of all persons or
`
`entities with a direct or indirect financial stake in this litigation.
`
`56.
`
`All facts and circumstances relating to the corporate structure and ownership of
`
`Elm and any affiliated entities.
`
`57.
`
`All facts and circumstances relating to any communications between Samsung
`
`and Elm, Glenn Leedy, Ron Epstein or any person on their behalf.
`
`58.
`
`All facts and circumstances relating to any pre-filing communications relating to
`
`the subject matter of any claim of the Patents-in-Suit.
`
`17
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`
`59.
`
`The nature, scope, and performance of any due diligence conducted by or on
`
`behalf of Elm in connection with its acquisition of the Patents-in-Suit, including without
`
`limitation the existence and terms of prior licenses or covenants, validity, claim scope,
`
`infringement, or enforceability.
`
`60.
`
`All facts and circumstances relating to any written or oral opinions, evaluations,
`
`searches, studies, investigations, analyses, reviews, reports, and communications with third
`
`parties concerning the valuation or potential value of any alleged invention claimed in the
`
`Patents-in-Suit, including without limitation any evaluation of expected return on investment(s)
`
`made in the Patents-in-Suit.
`
`61.
`
`All facts and circumstances relating to any written or oral opinions, evaluations,
`
`searches, studies, investigations, analyses, reviews, reports, prior art searches, observations, and
`
`communications with third parties, including without limitation contentions from any litigation
`
`or trial proceeding, relating to the validity or invalidity of any of the Patents-in-Suit.
`
`62.
`
`All facts and circumstances relating to any written or oral opinions, evaluations,
`
`searches, studies, investigations, analyses, reviews, reports, prior art searches, observations, and
`
`communications with third parties, including without limitation contentions from any litigation
`
`or trial proceeding, relating to the enforceability or unenforceability of any of the Patents-in-Suit.
`
`63.
`
`All facts and circumstances relating to any written or oral opinions, evaluations,
`
`searches, studies, investigations, analyses, reviews, reports, and communications with third
`
`parties, including without limitation contentions from any litigation or trial proceeding,
`
`concerning infringement or non-infringement of the alleged inventions claimed in the Patents-in-
`
`Suit.
`
`18
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`Case 1:14-cv-01430-LPS Document 336 Filed 09/25/20 Page 18 of 24 PageID #: 21444
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`64.
`
`All facts and circumstances relating to Elm’s understanding and knowledge of the
`
`Accused Products, including the operation a