Case 1:14-cv-01430-LPS Document 421 Filed 06/30/21 Page 1 of 20 PageID #: 25504
`
`
`ELM 3DS INNOVATIONS, LLC,
`Plaintiff,
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG SEMICONDUCTOR, INC.,
`SAMSUNG ELECTRONICS AMERICA,
`INC., and SAMSUNG AUSTIN
`SEMICONDUCTOR, LLC,
`
`Defendants.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`)
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 14-cv-1430-LPS-CJB
`
`JURY TRIAL DEMANDED
`
`NOTICE OF SUBPOENA TO MICRON
`
`TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
`
`PLEASE TAKE NOTICE that pursuant to Federal Rules of Civil Procedure Rules 26,
`
`34, and 45, Defendants Samsung Electronics Co., Ltd., Samsung Semiconductor, Inc., Samsung
`
`Electronics America, Inc., and Samsung Austin Semiconductor, LLC (collectively, “Samsung”
`
`or “Defendants”) intends to serve Micron Technology, Inc., Micron Semiconductor Products,
`
`Inc., and Micron Consumer Products Group, Inc. (collectively, “Micron”) with subpoena to
`
`produce documents commanding production of documents, electronically stored information, or
`
`other tangible things as set forth in Exhibit A.
`
`PLEASE TAKE FURTHER NOTICE that the subpoena to produce documents
`
`compels the production of documents, information, or objects described in Exhibit A. The
`
`documents shall be produced at the time and location specified in the subpoena to produce
`
`documents, or at such alternative time and location as may be mutually agreed upon.
`
`
`
`
`
`
`
`

`

`Case 1:14-cv-01430-LPS Document 421 Filed 06/30/21 Page 2 of 20 PageID #: 25505
`
`
`
`
`
`
`/s/ Adam W. Poff
`Adam W. Poff (#3990)
`Pilar G. Kraman (#5199)
`YOUNG CONAWAY STARGATT &
`TAYLOR, LLP
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`(302) 571-6600
`apoff@ycst.com
`pkraman@ycst.com
`
`Attorneys for Defendants Samsung Electronics
`Co., Ltd., Samsung Semiconductor, Inc.,
`Samsung Electronics America, Inc., and
`Samsung Austin Semiconductor, LLC
`
`Counsel for Samsung
`
`OF COUNSEL:
`
`
`Allan M. Soobert
`Naveen Modi
`Phillip W. Citroen
`Koichiro Kidokoro
`PAUL HASTINGS LLP
`875 15th Street, N.W.
`Washington, D.C. 20005
`(202) 551-1700
`allansoobert@paulhastings.com
`naveenmodi@paulhastings.com
`phillipcitroen@paulhastings.com
`koichirokidokoro@paulhastings.com
`
`Joseph J. Rumpler, II
`PAUL HASTINGS LLP
`1117 California Avenue
`Palo Alto, CA 94304
`(650) 320-1800
`josephrumpler@paulhastings.com
`
`Soyoung Jung
`PAUL HASTINGS LLP
`515 S. Flower Street, 25th Floor
`Los Angeles, CA 90071
`(213) 683-6000
`soyoungjung@paulhastings.com
`
`Dated: June 30, 2021
`
`
`
`

`

`Case 1:14-cv-01430-LPS Document 421 Filed 06/30/21 Page 3 of 20 PageID #: 25506
`Case 1:14-cv-01430-LPS Document 421 Filed 06/30/21 Page 3 of 20 PageID #: 25506
`
`EXHIBIT A
`EXHIBIT A
`
`

`

`Case 1:14-cv-01430-LPS Document 421 Filed 06/30/21 Page 4 of 20 PageID #: 25507
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
` District of Delaware
`__________ District of __________
`
`Civil Action No.
`
`14-CV-01430-LPS
`
`))))))
`
`Elm 3DS Innovations, LLC
`Plaintiff
`v.
`Samsung Electronics Co., Ltd., et al.
`
`Defendant
`
`To:
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`Micron Technology, Inc.
`c/o O’MELVENY & MYERS LLP 610 Newport Center Drive Newport Beach, CA 92660
`(Name of person to whom this subpoena is directed)
`✔
`(cid:117) Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
`material:
`See Exhibit A
`
`Place:
`
`Electronically to phillipcitroen@paulhastings.com
`Or: Soyoung Jung, Paul Hastings LLP, 515 S. Flower
`Street, 25th Floor
`
`Date and Time:
`
`07/15/2021 9:00 am
`
`(cid:117) Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
`other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
`may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
`
`Place:
`
`Date and Time:
`
`The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`06/29/2021
`Date:
`
`CLERK OF COURT
`
`Signature of Clerk or Deputy Clerk
`
`OR
`
`/s/ Allan M. Soobert
`Attorney’s signature
`
`Defendants
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`, who issues or requests this subpoena, are:
`Samsung Electronics Co., Ltd., et al.
`Allan Soobert, Paul Hastings LLP, 2050 M St NW, Washington, DC 20036,allansoobert@paulhastings.com,2025511700
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things or the
`inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before
`it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
`
`

`

`Case 1:14-cv-01430-LPS Document 421 Filed 06/30/21 Page 5 of 20 PageID #: 25508
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
`
`Civil Action No.
`
`14-CV-01430-LPS
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, if any)
`.
`
`on (date)
`
`(cid:117) I served the subpoena by delivering a copy to the named person as follows:
`
`(cid:117) I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`$
`.
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`0.00
`
`.
`
`.
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Additional information regarding attempted service, etc.:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`

`

`Case 1:14-cv-01430-LPS Document 421 Filed 06/30/21 Page 6 of 20 PageID #: 25509
`
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
`
`(c) Place of Compliance.
`
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`(ii) disclosing an unretained expert’s opinion or information that does
`not describe specific occurrences in dispute and results from the expert’s
`study that was not requested by a party.
`(C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
`(i) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
`(ii) ensures that the subpoenaed person will be reasonably compensated.
`
` (1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
` (A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
` (B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
` (i) is a party or a party’s officer; or
` (ii) is commanded to attend a trial and would not incur substantial
`expense.
`
` (2) For Other Discovery. A subpoena may command:
` (A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
` (B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
` (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney who
`fails to comply.
`
` (2) Command to Produce Materials or Permit Inspection.
`(A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
`(B) Objections. A person commanded to produce documents or tangible
`things or to permit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting, copying, testing, or
`sampling any or all of the materials or to inspecting the premises—or to
`producing electronically stored information in the form or forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
`(i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
` (ii) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party nor a party’s officer from
`significant expense resulting from compliance.
`
` (3) Quashing or Modifying a Subpoena.
`(A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
` (i) fails to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
`(iii) requires disclosure of privileged or other protected matter, if no
`exception or waiver applies; or
`(iv) subjects a person to undue burden.
`(B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`(i) disclosing a trade secret or other confidential research,
`development, or commercial information; or
`
`(e) Duties in Responding to a Subpoena.
`
` (1) Producing Documents or Electronically Stored Information. These
`procedures apply to producing documents or electronically stored
`information:
`(A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course of business or
`must organize and label them to correspond to the categories in the demand.
`(B) Form for Producing Electronically Stored Information Not Specified.
`If a subpoena does not specify a form for producing electronically stored
`information, the person responding must produce it in a form or forms in
`which it is ordinarily maintained or in a reasonably usable form or forms.
`(C) Electronically Stored Information Produced in Only One Form. The
`person responding need not produce the same electronically stored
`information in more than one form.
`(D) Inaccessible Electronically Stored Information. The person
`responding need not provide discovery of electronically stored information
`from sources that the person identifies as not reasonably accessible because
`of undue burden or cost. On motion to compel discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burden or cost. If that showing is
`made, the court may nonetheless order discovery from such sources if the
`requesting party shows good cause, considering the limitations of Rule
`26(b)(2)(C). The court may specify conditions for the discovery.
`
`(2) Claiming Privilege or Protection.
`(A) Information Withheld. A person withholding subpoenaed information
`under a claim that it is privileged or subject to protection as trial-preparation
`material must:
`(i) expressly make the claim; and
`(ii) describe the nature of the withheld documents, communications, or
`tangible things in a manner that, without revealing information itself
`privileged or protected, will enable the parties to assess the claim.
`(B) Information Produced. If information produced in response to a
`subpoena is subject to a claim of privilege or of protection as
`trial-preparation material, the person making the claim may notify any party
`that received the information of the claim and the basis for it. After being
`notified, a party must promptly return, sequester, or destroy the specified
`information and any copies it has; must not use or disclose the information
`until the claim is resolved; must take reasonable steps to retrieve the
`information if the party disclosed it before being notified; and may promptly
`present the information under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`

`

`
`Case 1:14-cv-01430-LPS Document 421 Filed 06/30/21 Page 7 of 20 PageID #: 25510
`
`EXHIBIT A
`
`DEFINITIONS
`
`The following definitions are applicable to terms employed in this Notice:
`
`1.
`
`“Patent-at-Issue” and “Patents-at-Issue” shall mean United States Patent Nos.
`
`7,193,239; 7,474,004; 7,504,732; 8,035,233; 8,410,617; 8,629,542; 8,653,672; 8,791,581;
`
`8,796,862; 8,841,778; 8,907,499; 8,928,119; and 8,933,570.
`
`2.
`
`“Related Patent” and “Related Patents” shall include, whether or not abandoned
`
`and whether or not issued, (a) any patent or patent application that claims priority to the Patents-
`
`at-Issue, (b) any patent or patent application that claims priority from any patent or patent
`
`application to which the Patents-at-Issue claims priority, (c) any patent or patent application on
`
`which the Patents-at-Issue depends for priority, (d) any patent or patent application identified in
`
`the Related U.S. Application Data for the Patents-at-Issue, (e) any patent or patent application
`
`that claims priority from any patent or patent application identified in the Related U.S.
`
`Application Data for any of the Patents-at-Issue, (f) any reissue or reexamination of any of the
`
`aforementioned patents or patent applications, and (g) any foreign counterpart patent or foreign
`
`counterpart application of any of the aforementioned patents or patent applications (a foreign
`
`counterpart patent and foreign counterpart application shall include any foreign patent or foreign
`
`patent application in which a claim for priority has been made in either a U.S. application or a
`
`foreign application based on the other, or that the disclosures of the U.S. and foreign patent
`
`applications are substantively identical).
`
`3.
`
`“Prior Owner” and “Prior Owners” shall mean all of the persons and entities with
`
`a prior ownership or financial interest in any of the Patents-at-Issue or Related Patents.
`
`
`
`1
`
`

`

`
`Case 1:14-cv-01430-LPS Document 421 Filed 06/30/21 Page 8 of 20 PageID #: 25511
`
`4.
`
`“Micron,” “You” or “Your” shall mean Micron Technology, Inc., Micron
`
`Semiconductor Products, Inc., and Micron Consumer Products Group, Inc. (collectively,
`
`“Micron”) and all of its subsidiaries, parent companies, holding companies, divisions,
`
`subdivisions, components, units, partnerships, limited partnerships, joint ventures, associations,
`
`and affiliates; all predecessors, successors, and assigns of each of the foregoing; all past and
`
`present officers, employees, directors, agents, consultants, representatives, and attorneys of each
`
`of the foregoing; and all other Persons acting or purporting to act for, on behalf of, or in the
`
`interest of Micron.
`
`5.
`
`The term “Epicenter” shall mean and include Epicenter IP Group LLC and all
`
`related entities, parents, subsidiaries (either wholly or partly-owned) or divisions, any entity
`
`under its control, any proprietorship, joint venture, partnership or other business cooperation in
`
`which it is involved, and any predecessor or successor entities and any of its officers, directors,
`
`agents, attorneys, consultants, employees, and any other persons acting, or purporting to act for
`
`or on its behalf.
`
`6.
`
`The terms “Defendants” or “Samsung” refer to Samsung Electronics Co., Ltd.,
`
`Samsung Semiconductor, Inc., Samsung Electronics America, Inc., and Samsung Austin
`
`Semiconductor, LLC (collectively, “Samsung”) and their officers, directors, employees, agents,
`
`representatives, attorneys, affiliates, successors, and assigns, and to persons and entities acting
`
`or purporting, to act on behalf of Samsung.
`
`7.
`
`The terms “Plaintiff,” “Elm,” or “Elm 3DS” refer to Elm 3DS Innovations LLC
`
`(and/or Glenn Leedy’s trust) and all of its subsidiaries, parent companies, holding companies,
`
`divisions, subdivisions, components, units, partnerships, limited partnerships, joint ventures,
`
`associations, affiliates, and trusts; all predecessors, successors, assigns, and trusts of each of the
`
`
`
`2
`
`

`

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`Case 1:14-cv-01430-LPS Document 421 Filed 06/30/21 Page 9 of 20 PageID #: 25512
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`foregoing; all past and present officers, employees, directors, agents, consultants,
`
`representatives, attorneys, trustees, trustors, settlors, owners, members, shareholders, and
`
`interest holders of each of the foregoing; and all other Persons acting or purporting to act for, on
`
`behalf of, or in the interest of Elm.
`
`8.
`
`The term “person,” unless otherwise specified, means any natural person, firm,
`
`partnership, association, corporation, business, proprietorship, government or quasi-
`
`governmental body, agency or commission, or any other organization or entity.
`
`9.
`
`“Wide Word SRAM” or “WWSRAM” shall mean Irvine Sensors Corporation’s
`
`Wide Word SRAM memory products (which was also referred to by Micron as S01A) that
`
`existed prior to December 26, 1996.
`
`10.
`
`“Micron’s WWSRAM Components” shall mean parts, components, or portions
`
`of WWSRAM, including but not limited to chips, dies, circuitries, structures, memories, circuits,
`
`circuit layers, or dielectric layers, that Micron designed, made, manufactured, fabricated, used,
`
`handled, included, selected, installed, added, tested, evaluated, procured, supplied, provided,
`
`and/or otherwise had any involvement with, for use or inclusion in or for fabrication or
`
`manufacturing of WWSRAM and that existed prior to December 26, 1996.
`
`11.
`
`“Micron’s SRAM products” shall mean SRAM wafers manufactured by Micron,
`
`including 64K SRAM, 256K A14B SRAM, S07A SRAM, 138K Cache SRAM, and others.
`
`12.
`
`The term “dielectric layer” shall mean to include a dielectric layer or dielectric
`
`film, including but not limited to an inter-layer dielectric, inter-metal dielectric, and passivation
`
`layer/film.
`
`13.
`
`The term “document” and its plural shall refer to anything that would be a
`
`“writing” or “recording” as defined in Rule 1001 of the Federal Rules of Evidence, or a
`
`
`
`3
`
`

`

`
`Case 1:14-cv-01430-LPS Document 421 Filed 06/30/21 Page 10 of 20 PageID #: 25513
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`“document,” as defined in Rule 34 of the Federal Rules of Civil Procedure, and refers to all
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`handwritten, typed, printed, electronic, or otherwise visually or aurally reproduced materials,
`
`and all originals and copies that contain any notes, handwriting, underscoring, deletions, or that
`
`in any way otherwise differ from the original thereof. Such documents include but are not limited
`
`to: (1) all the written, printed, recorded, graphic, or sound reproductions, however produced,
`
`including but not limited to correspondence, memoranda, notes, telegrams, notebooks, diaries,
`
`desk calendars, charts, photographs, and records of any kind; (2) all computer-readable data
`
`compilations, including but not limited to tapes, diskettes, card, cassettes; electronic mail, and
`
`all other electronic or mechanical devices which contain information stored in mainframe and
`
`personal computers or devices (such as PDAs/cell phones) or accessible “online”; (3) all
`
`originals, drafts, and copies that differ in any respect from the original, all marginal comments
`
`that appear on such documents, all transcripts or recordings of such documents, and all
`
`attachments, enclosures, or documents affixed or referred to in such documents.
`
`14.
`
`15.
`
`16.
`
`The term “thing” shall mean any tangible item that is not a document.
`
`The terms “all,” “any,” and “each” encompass “any and all.”
`
`The terms “relating,” “related” or “relates” shall mean concerning, referring,
`
`describing, evidencing, or constituting the referenced subject matter, to the extent that such
`
`material is reasonably calculated to lead to the discovery of admissible evidence.
`
`17.
`
`The term “including” shall mean “including, but not limited to,” or “including,
`
`without limitation,” so that the request shall acquire the broadest possible meaning. Likewise,
`
`“includes” means “includes, but is not limited to,” or “includes, without limitation.”
`
`18.
`
`The words “and,” “or,” and “and/or” shall be construed conjunctively or
`
`disjunctively, whichever maximizes the scope of each discovery request in which they are used.
`
`
`
`4
`
`

`

`
`Case 1:14-cv-01430-LPS Document 421 Filed 06/30/21 Page 11 of 20 PageID #: 25514
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`19.
`
`20.
`
`The use of a verb tense encompasses the use of that verb in all other tenses.
`
`All references to the singular encompass the plural, and all references to the
`
`plural encompass the singular. All reference to the masculine gender encompasses the feminine
`
`and neuter.
`
`
`
`
`
`
`
`5
`
`

`

`
`Case 1:14-cv-01430-LPS Document 421 Filed 06/30/21 Page 12 of 20 PageID #: 25515
`
`INSTRUCTIONS
`
`1.
`
`You are to search all documents within your possession, custody, or control,
`
`wherever located, including but not limited to any documents placed in storage facilities or in
`
`the possession of any employee, agent, representative, attorney, investigator, or other person
`
`acting or purporting to act on your behalf, in order to fully respond to the requests herein.
`
`2.
`
`If you do not produce each document or thing requested herein as they are kept
`
`in the usual course of business, you must organize and label the documents or things produced
`
`to correspond with the particular document request to which the document or thing is responsive.
`
`3.
`
`You are to produce all documents that are responsive in whole or in part to any
`
`of the requests herein in full, without abridgement or abbreviation. If any such documents cannot
`
`be produced in full, produce the document to the extent possible and indicate in your written
`
`response what portion of the document is not produced and why it could not be produced.
`
`4.
`
`If any of the documents requested herein are no longer in your possession, custody
`
`or control, you are requested to identify each such requested document by date, type of document,
`
`person(s) from whom sent, person(s) to whom sent, and person(s) receiving copies, and to provide
`
`a summary of its pertinent contents.
`
`5.
`
`If any document responsive to these requests has been destroyed, describe the
`
`content of such document, the location of any copies of such document, the date of such destruction
`
`and the name of the person who ordered or authorized such destruction.
`
`6.
`
`If the production of any documents responsive to these requests is objected to on
`
`the ground of privilege or work product, or for any other reason, with respect to each such
`
`document state:
`
`
`
`6
`
`

`

`
`Case 1:14-cv-01430-LPS Document 421 Filed 06/30/21 Page 13 of 20 PageID #: 25516
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`a.
`
`the date appearing on such document, or if no date appears, the date on
`
`which such document was prepared;
`
`b.
`
`c.
`
`the name of each person to whom such document was addressed;
`
`the name of each person, other than the addressee(s) identified in
`
`subparagraph (b) above, to whom such document or copy thereof as sent,
`
`or with whom such document was discussed;
`
`d.
`
`the name of each person who signed such document or, if not signed, the
`
`e.
`
`f.
`
`name of each person who prepared it;
`
`the name of each person making any contribution to the authorship of
`
`such document;
`
`the job title or position of each person identified in subparagraph (b), (c),
`
`(d) and (e) above;
`
`g.
`
`the date such document was received or discussed by each person
`
`identified in subparagraphs (b) or (c) above;
`
`h.
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`the general nature or description of such document and its number of
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`pages; and
`
`i.
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`the specific ground(s) upon which the privilege or work product rests.
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`
`
`7
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`

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`Case 1:14-cv-01430-LPS Document 421 Filed 06/30/21 Page 14 of 20 PageID #: 25517
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`DOCUMENTS TO BE PROVIDED PURSUANT TO FED. R. CIV. P. 45
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`REQUEST FOR PRODUCTION NO. 1:
`
`Documents and Things relating to dielectric layers in WWSRAM and/or Micron’s
`
`WWSRAM Components.
`
`REQUEST FOR PRODUCTION NO. 2:
`
`Documents and Things sufficient to identify each dielectric layer in WWSRAM and/or
`
`Micron’s WWSRAM Components.
`
`REQUEST FOR PRODUCTION NO. 3:
`
`Documents and Things relating to stress, including but not limited to stress
`
`measurements, stress levels, and stress characteristics, of each dielectric layer in WWSRAM
`
`and/or Micron’s WWSRAM Components.
`
`REQUEST FOR PRODUCTION NO. 4:
`
`Documents and Things sufficient to show stress, including but not limited to stress
`
`measurements, stress levels, and stress characteristics, of each dielectric layer in WWSRAM
`
`and/or Micron’s WWSRAM Components.
`
`REQUEST FOR PRODUCTION NO. 5:
`
`Documents and Things sufficient to show that at least one dielectric layer in WWSRAM
`
`and/or Micron’s WWSRAM Components has a tensile stress of about 5×108 dynes/cm2 (50
`
`megapascal) or less.
`
`REQUEST FOR PRODUCTION NO. 6:
`
`Documents and Things relating to fabrication processes/steps concerning or involving
`
`dielectric layers in WWSRAM and/or Micron’s WWSRAM Components, including but not
`
`limited to preparation, deposition, post-deposition (for example, without limitation, chemical
`
`
`
`

`

`Case 1:14-cv-01430-LPS Document 421 Filed 06/30/21 Page 15 of 20 PageID #: 25518
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`mechanical polishing, annealing), testing, and/or other processes/steps concerning or involving
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`such dielectric layers.
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`REQUEST FOR PRODUCTION NO. 7:
`
`Documents and Things sufficient to show information needed (or that allows or enables a
`
`Person with relevant skills and/or tools) to reproduce, recreate, or simulate dielectric layers (as
`
`deposited) in WWSRAM and/or Micron’s WWSRAM Components, including but not limited to
`
`recipes, specifications, datasheets, whitepapers, manuals, training materials, process flows,
`
`process controls, process plans, process specifications, requirements documents, test data,
`
`parameters, configurations, settings, upper/lower control limits, chemical compositions, stress
`
`characteristics, reports, presentation materials, notes, and other technical Documents/Things
`
`relating to such dielectric layers and/or for or relating to equipment used to perform preparation,
`
`deposition, post-deposition, testing and/or other processes/steps concerning or involving such
`
`dielectric layers.
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`REQUEST FOR PRODUCTION NO. 8:
`
`Documents and Things sufficient to show public availability of WWSRAM and/or
`
`Micron’s WWSRAM Components or technologies thereof prior to April 4, 1997, including but
`
`not limited to public displays, public use, public knowledge, disclosures, advertisements,
`
`marketing materials, purchase orders, sales, or offers for sale of technologies or products relating
`
`to WWSRAM and/or Micron’s WWSRAM Components, or publication of papers or patents or
`
`filing of patent applications relating to WWSRAM and/or Micron’s WWSRAM Components or
`
`technologies thereof.
`
`REQUEST FOR PRODUCTION NO. 9:
`
`Documents and Things relating to dielectric layers in Micron’s SRAM products.
`
`
`
`2
`
`

`

`Case 1:14-cv-01430-LPS Document 421 Filed 06/30/21 Page 16 of 20 PageID #: 25519
`
`
`REQUEST FOR PRODUCTION NO. 10:
`
`Documents and Things sufficient to identify each dielectric layer in Micron’s SRAM
`
`products.
`
`REQUEST FOR PRODUCTION NO. 11:
`
`Documents and Things relating to stress, including but not limited to stress
`
`measurements, stress levels, and stress characteristics, of each dielectric layer in Micron’s
`
`SRAM products.
`
`REQUEST FOR PRODUCTION NO. 12:
`
`Documents and Things sufficient to show stress, including but not limited to stress
`
`measurements, stress levels, and stress characteristics, of each dielectric layer in Micron’s
`
`SRAM products.
`
`REQUEST FOR PRODUCTION NO. 13:
`
`Documents and Things sufficient to show that at least one dielectric layer in Micron’s
`
`SRAM products has a tensile stress of about 5×108 dynes/cm2 (50 megapascal) or less.
`
`REQUEST FOR PRODUCTION NO. 14:
`
`Documents and Things relating to fabrication processes/steps concerning or involving
`
`dielectric layers in Micron’s SRAM products, including but not limited to preparation,
`
`deposition, post-deposition (for example, without limitation, chemical mechanical polishing,
`
`annealing), testing, and/or other processes/steps concerning or involving such dielectric layers.
`
`REQUEST FOR PRODUCTION NO. 15:
`
`Documents and Things sufficient to show information needed (or that allows or enables a
`
`Person with relevant skills and/or tools) to reproduce, recreate, or simulate dielectric layers (as
`
`deposited) in Micron’s SRAM products, including but not limited to recipes, specifications,
`
`
`
`3
`
`

`

`Case 1:14-cv-01430-LPS Document 421 Filed 06/30/21 Page 17 of 20 PageID #: 25520
`
`
`datasheets, whitepapers, manuals, training materials, process flows, process controls, process
`
`plans, process specifications, requirements documents, test data, parameters, configurations,
`
`settings, upper/lower control limits, chemical compositions, stress characteristics, reports,
`
`presentation materials, notes, and other technical Documents/Things relating to such dielectric
`
`layers and/or for or relating to equipment used to perform preparation, deposition, post-
`
`deposition, testing and/or other processes/steps concerning or involving such dielectric layers.
`
`REQUEST FOR PRODUCTION NO. 16:
`
`Documents and Things sufficient to show public availability of Micron’s SRAM products
`
`or technologies thereof prior to April 4, 1997, including but not limited to public displays, public
`
`use, public knowledge, disclosures, advertisements, marketing materials, purchase orders, sales,
`
`or offers for sale of technologies or products relating to Micron’s SRAM products, or publication
`
`of papers or patents or filing of patent applications relating to Micron SRAM products or
`
`technologies thereof.
`
`REQUEST FOR PRODUCTION NO. 17:
`
`Documents and Things relating to dielectric deposition steps performed by Micron
`
`(including but not limited to OPER NO 2850 identified in MICRON-ELM-00005001, MICRON-
`
`ELM-00006150, and MICRON-ELM-00006948) and stress measurements associated with any
`
`such dielectric deposition steps.
`
`REQUEST FOR PRODUCTION NO. 18:
`
`All document productions made by Micron in Civ. No. 14-cv-01431-LPS-CJB or
`
`otherwise relating to WWSRAM, Micron’s WWSRAM Components, and/or Micron’s SRAM
`
`products, including MICRON-ELM-00004575 – MICRON-ELM-00007200.
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`
`
`4
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`

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`Case 1:14-cv-01430-LPS Document 421 Filed 06/30/21 Page 18 of 20 PageID #: 25521
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`
`REQUEST FOR PRODUCTION NO. 19:
`
`
`
`To the extent not covered by any topic above, all non-privileged documents in support of
`
`Defendants’ invalidity defenses.
`
`
`
`
`
`
`
`5
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`

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`Case 1:14-cv-01430-LPS Document 421 Filed 06/30/21 Page 19 of 20 PageID #: 25522
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`
`CERTIFICATE OF SERVICE
`
`I, Adam W. Poff, hereby certify that on June 30, 2021, I caused to be
`
`electronically filed a true and