Case 1:16-cv-00116-RGA Document 98 Filed 05/12/17 Page 1 of 19 PageID #: 2451
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`SOUND VIEW INNOVATIONS, LLC,
`
`v.
`
`F ACEBOOK, lNC.,
`
`Plaintiff,
`
`Defendant.
`
`)
`)
`)
`) REDACTED - PUBLIC VERSION
`)
`)
`) Civil Action No. 1:16-cv-116-RGA
`)
`)
`)
`)
`
`SOUND VIEW INNOVATIONS, LLC'S FIRST NOTICE OF DEPOSITION TO
`FACEBOOK, INC.
`
`Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure and the Local Rules of
`
`this Court, Plaintiff Sound View Innovations, LLC ("Sound View"), by its counsel, will take the
`
`deposition of Defendant Facebook, Inc. ("Facebook"), regarding the subject matter set forth in
`
`the attached Schedule B, which shall be interpreted in accordance with the definitions set forth in
`
`the attached Schedule A.
`
`The deposition will begin at 9:00 a.m. on May 19, 2017, at the office of Desmarais LLP,
`
`230 Park Ave., New York, New York, 10169, or at such other time and place as may be agreed
`
`upon in writing by counsel for the parties. The examination will be taken before a Notary Public
`
`or other person authorized to administer oaths pursuant to Rule 28 of the Federal Rules of Civil
`
`Procedure, and will continue day to day until completed. The testimony at the deposition will be
`
`recorded by video, stenographic, audio, audiovisual, and/or real-time computer means.
`
`In accordance with Rule 30(b )(6) of the Federal Rules of Civil Procedure, Facebook shall
`
`designate one or more officers, directors, managing agents, employees, or other persons who
`
`consent and are knowledgeable to testify on its behalf as to each of the topics set forth in the
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`SOUND VIEW INNOVATIONS, LLC,
`
`v.
`
`F ACEBOOK, lNC.,
`
`Plaintiff,
`
`Defendant.
`
`)
`)
`)
`) REDACTED - PUBLIC VERSION
`)
`)
`) Civil Action No. 1:16-cv-116-RGA
`)
`)
`)
`)
`
`SOUND VIEW INNOVATIONS, LLC'S FIRST NOTICE OF DEPOSITION TO
`FACEBOOK, INC.
`
`Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure and the Local Rules of
`
`this Court, Plaintiff Sound View Innovations, LLC ("Sound View"), by its counsel, will take the
`
`deposition of Defendant Facebook, Inc. ("Facebook"), regarding the subject matter set forth in
`
`the attached Schedule B, which shall be interpreted in accordance with the definitions set forth in
`
`the attached Schedule A.
`
`The deposition will begin at 9:00 a.m. on May 19, 2017, at the office of Desmarais LLP,
`
`230 Park Ave., New York, New York, 10169, or at such other time and place as may be agreed
`
`upon in writing by counsel for the parties. The examination will be taken before a Notary Public
`
`or other person authorized to administer oaths pursuant to Rule 28 of the Federal Rules of Civil
`
`Procedure, and will continue day to day until completed. The testimony at the deposition will be
`
`recorded by video, stenographic, audio, audiovisual, and/or real-time computer means.
`
`In accordance with Rule 30(b )(6) of the Federal Rules of Civil Procedure, Facebook shall
`
`designate one or more officers, directors, managing agents, employees, or other persons who
`
`consent and are knowledgeable to testify on its behalf as to each of the topics set forth in the
`
`
`
`Case 1:16-cv-00116-RGA Document 98 Filed 05/12/17 Page 2 of 19 PageID #: 2452
`
`attached Schedule B. Sound View requests that Facebook identify the individual(s) who will
`
`testify regarding each topic at least one week in advance of the deposition.
`
`Of Counsel:
`Alan S. Kellman
`Tamir Packin
`Richard M. Cowell
`Jason Berrebi
`Edward B. Geist
`Wesley L. White
`TomBenGera
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
`Telephone: (212) 351-3400
`Facsimile: (212) 351-3401
`akellman@desmaraisllp.com
`tpackin@desmaraisllp.com
`rcowell@desmaraisllp.com
`jberrebi@desmaraisllp.com
`egeist@desmaraisllp.com
`wwhite@desmaraisllp.com
`tbengera@desmraisllp.com
`
`Isl John C. Phillips. Jr.
`John C. Phillips, Jr. (No. 110)
`Megan C. Haney (No. 5016)
`PillLLIPS, GOLDMAN, MCLAUGHLIN
`&HALL,P.A.
`1200 North Broom Street
`Wilmington, Delaware 19806-4204
`Telephone: (302) 655-4200
`Facsimile: (302) 655-4210
`jcp@pgmhlaw.com
`mch@pgmhlaw.com
`
`Attorneys for Plaintiff
`Sound View Innovations, LLC
`
`2
`
`
`
`Case 1:16-cv-00116-RGA Document 98 Filed 05/12/17 Page 3 of 19 PageID #: 2453
`
`SCHEDULE A- DEFINITIONS
`
`1.
`
`As used herein, "Defendant," "You," and "Your" means Facebook, Inc.
`
`("Facebook") and includes any predecessors, divisions, departments, subsidiaries, parents,
`
`affiliates, present or former officers, directors, employees, agents, counsel, representatives, and
`
`others authorized to act on its behalf.
`
`2.
`
`The use of a verb in any tense, mood, or voice shall be construed to include the
`
`use of that verb in all other tenses, moods, or voices, as necessary to bring within the scope of the
`
`discovery request all responses that might otherwise be construed to be outside the scope, such
`
`that, for example, topics relating to how You 'do' things also be construed to include how You
`
`'did' them.
`
`3.
`
`As used herein, the term "Patents-in-Suit" refers to U.S. Patent Nos. 5,991,845,
`
`(the '"845 patent"), 6,125,371 (the '"371 patent"), 6,732,181 (the "'181 patent"), 7,366,786 (the
`
`"'786 patent"), 7,412,486 (the "'486 patent"), and 8,135,860 (the "'860 patent").
`
`4.
`
`As used herein, "Sound View" means Sound View Innovations, LLC and includes
`
`any predecessors, divisions, departments, subsidiaries, parents, affiliates, present or former
`
`officers, directors, employees, agents, counsel, representatives, and others authorized to act on its
`
`behalf.
`
`5.
`
`As used herein, "Accused Instrumentality" means any product, application,
`
`service, or method accused by Sound View of infringing any claim of any of the Patents-In-Suit
`
`under any subsection of 35 U.S.C. § 271, including without limitation all products identified in
`
`Sound View's Preliminary Infringement Contentions served on August 26, 2016, Sound View's
`
`response to Facebook's Interrogatory No. 7, and any supplements or amendments thereto,
`
`1
`
`
`
`Case 1:16-cv-00116-RGA Document 98 Filed 05/12/17 Page 4 of 19 PageID #: 2454
`
`including without
`
`limitation
`
`facebook.com, m.facebook.com,
`
`touch.facebook.com, and
`
`O.facebook.com.
`
`6.
`
`As used herein, "include" and "including" shall be construed to mean "without
`
`limitation," so as to acquire the broadest possible meaning.
`
`7.
`
`As used herein, "communication" means any transmission of information by one
`
`or more persons and/or between two or more persons by any means, including telephone
`
`conversations, letters, instant messages, text messages, electronic mail, other computer linkups,
`
`written memoranda, and face-to-face conversations.
`
`8.
`
`As nsed herein, "and" and "or" shall be construed conjnnctively and disjnnctively,
`
`so as to acqnire the broadest possible meaning.
`
`9.
`
`As nsed herein, "any" and "all" shall each be construed to mean "each and every,"
`
`so as to acquire the broadest possible meaning.
`
`10.
`
`The singular and masculine form of a noun or pronoun shall embrace, and shall be
`
`read and applied as, the plural or the feminine or nenter, as the particular context makes
`
`appropriate and to give the noun or pronoun the broadest possible meaning.
`
`11.
`
`As used herein, "document" has the same broad meaning as in Rule 34 of the
`
`Federal Rules of Civil Procedure. The term "document" also encompasses tangible things.
`
`12.
`
`As used herein, "person" means any natural person or any business, legal, or
`
`governmental entity or association.
`
`13.
`
`As used herein, "concerning" and "relating to" mean, without limitation,
`
`identifying, describing, discussing, concerning, assessing, stating, reflecting, constituting,
`
`containing, embodying, tending to support or refute, or referring directly or indirectly to the
`
`particular subject matter identified.
`
`2
`
`
`
`Case 1:16-cv-00116-RGA Document 98 Filed 05/12/17 Page 5 of 19 PageID #: 2455
`
`14.
`
`As used herein, "WURFL" refers to WURFL device detection,
`
`15.
`
`As used herein,
`
`16.
`
`As used herein, "HHVM" refers to HipHop Virtual Machine (HHVM), the "open
`
`source virtual machine designed for executing programs written in Hack and PHP." See, e.g.,
`
`http://hhvm.com/; https://code.facebook.com/projects/564433143613123/hhvm/.
`
`17.
`
`As used herein, "Hack" refers to the Hack programming language supported by
`
`HHVM.
`
`18.
`
`As used herein,
`
`'TAO" refers
`
`to Your storage solution. -
`
`19.
`
`As used herein, "Folly" means the Folly collection of reusable open-source C++
`
`library artifacts developed and used at Facebook, and initially open sourced in June 2012. See,
`
`e.g. ,
`
`https ://www .facebook.com/notes/facebook-engineering/folly-the-facebook-open-source(cid:173)
`
`library /10150864656793920/; https://github.com/facebook/folly.
`
`3
`
`
`
`Case 1:16-cv-00116-RGA Document 98 Filed 05/12/17 Page 6 of 19 PageID #: 2456
`
`HIGHLY CONFIDENTIAL -ATTORNEYS' EYES ONLY
`
`SCHEDULE B - TOPICS
`
`1.
`
`The identity, location, and content of documents relating to the topics in this
`
`Notice of Deposition.
`
`2.
`
`All facts and circumstances relating to Your knowledge of each of the Patents-In-
`
`Suit, including the date You first learned of the existence of each of the Patents-In-Suit and any
`
`notices provided to you regarding the alleged infringement of the Patents-In-Suit.
`
`3.
`
`Your efforts to avoid infringement or design around the Patents-In-Suit, including
`
`the availability of alleged non-infringing alternatives and the actual or anticipated cost of
`
`avoiding infringement or designing around the Patents-in-Suit.
`
`4.
`
`All communications between You and any persons or entities relating to the
`
`Patents-In-Suit, Sound View, or this action.
`
`5.
`
`All revenues (including advertising revenue), costs, and sources
`
`thereof
`
`(including geographic source) derived by You from, for, or concerning the Accused
`
`Instrumentalities, from 2010 to the present.
`
`6.
`
`For each of Your platforms (e.g., desktop website, mobile website, and mobile
`
`application (iOS and/or Android)), data relating to the number ofFacebook web pages requested
`
`on a month-by-month basis, including:
`
`a.
`
`the total number of requests;
`
`b.
`
`the average number of requests made per account;
`
`c.
`
`total users;
`
`d. umque users;
`
`e. pages per session, and session duration;
`
`f.
`
`the average number of requests made per session;
`
`1
`
`
`
`Case 1:16-cv-00116-RGA Document 98 Filed 05/12/17 Page 7 of 19 PageID #: 2457
`
`HIGHLY CONFIDENTIAL -ATTORNEYS' EYES ONLY
`
`g.
`
`the number of active sessions during which a Facebook user changed his or her
`
`voice (e.g. by posting as a Page);
`
`h.
`
`the average number of times that a Facebook user with a Page Role changed his
`
`or her voice during an active session; and
`
`i. any evaluation, study, analysis, or investigation regarding the same.
`
`7.
`
`Any evaluation, study, analysis, or investigation of the value or costs of:
`
`a. server uptime/downtime/recoverability,
`
`including
`
`staffing
`
`and
`
`full-time
`
`equivalents ("FTEs") allocated to server maintenance;
`
`b. database storage capacity, expandability, and reliability, including staffing and
`
`FTEs allocated to database maintenance;
`
`c. expanding the storage capacity of Your servers, increasing the number of servers,
`
`or creating a new datacenter.
`
`8.
`
`How the ability to view your websites on different devices affects Your revenue
`
`and the number of daily active users and monthly active users, including the identity, existence,
`
`location, and content of any survey, evaluation, study, analysis, or investigation about the same.
`
`9.
`
`How the ability to send instant messages, including through Facebook Chat and
`
`Facebook Messages, affects Your revenue and the number of daily active users and monthly
`
`active users, including the identity, existence, location, and content of any survey, evaluation,
`
`study, analysis, or investigation about the same.
`
`10.
`
`How the ability to administer, post as, or promote Pages affects Your revenue and
`
`the number of daily active users and monthly active users, including the identity, existence,
`
`location, and content of any survey, evaluation, study, analysis, or investigation about the same.
`
`2
`
`
`
`Case 1:16-cv-00116-RGA Document 98 Filed 05/12/17 Page 8 of 19 PageID #: 2458
`
`HIGHLY CONFIDENTIAL -ATTORNEYS' EYES ONLY
`
`11.
`
`How the ability to log in from multiple devices at the same time affects Your
`
`revenue and the number of daily active users and monthly active users, including the identity,
`
`existence, location, and content of any survey, evaluation, study, analysis, or investigation about
`
`the same.
`
`12.
`
`The existence, content, and terms of Your patent licenses, patent purchase
`
`agreements, and patent sale agreements, including settlement agreements and internal transfer
`
`agreements.
`
`13.
`
`Your policies, procedures, practices, programs, customs, and guidelines with
`
`respect to the licensing, sale, purchase, or transfer of patents, including any internal transfer
`
`royalty rates.
`
`14.
`
`The identity of any features, systems, or other components that make use of
`
`futexes, robust futexes, and/or POSIX threads or pthreads mutexes.
`
`15.
`
`The value of ' NR set robust list' in unistd.h in each of your servers smce
`
`February 2010.
`
`16.
`
`The ways (including the identity, location, and functionality of related source
`
`code) in which the features, systems, or other components identified for Topic No. 14 signify
`
`exclusive access to a shared resource and wait in order to receive access to a shared resource,
`
`since February 2010.
`
`17.
`
`How the Linux kernel maintains a queue of processes waiting for possession of a
`
`futex.
`
`18.
`
`How possession of a futex is transferred from a process possessing the futex to a
`
`process waiting for access to the futex, including when the process possessing the futex
`
`terminates or dies.
`
`3
`
`
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`Case 1:16-cv-00116-RGA Document 98 Filed 05/12/17 Page 9 of 19 PageID #: 2459
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`HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
`
`19.
`
`Your decision to implement and/or use multi-threading such as pthreads,
`
`including the benefits to you, such as cost savings or efficiency gains, and any cost-benefit
`
`analysis, revenue or profit projections, and perceived need.
`
`20.
`
`Your decision to implement and/or use Linux with kernel 2.5.7 or later, including
`
`the benefits to you, such as cost savings or efficiency gains, and any cost-benefit analysis,
`
`revenue or profit projections, and perceived need.
`
`21.
`
`Your use of HBase since February 2010, including the identity of any of Your
`
`features, systems, or other components that make and/or made use ofHBase, such a s -
`
`22.
`
`Your decision to design, implement, and/or use HBase, including the dates on
`
`which You first used HBase; your testing of HBase; any cost-benefit analysis, revenue or profit
`
`projections, perceived need for use of HBase; and perceived benefits over MySQL and
`
`Cassandra, including any facts and circumstances relating to any evaluation, study, analysis, or
`
`investigation.
`
`23.
`
`Your decision to configure the maximum number of versions parameter in HBase,
`
`including any facts and circumstances relating to any evaluation, study, analysis, or
`
`investigation.
`
`24.
`
`Your decision to configure the "time to live" (or 'TTL") parameter in HBase,
`
`including any facts and circumstances relating to any evaluation, study, analysis, or
`
`investigation.
`
`25.
`
`The ways in which you use and/or have used (including the identity, location, and
`
`functionality of related source code) HBase, including:
`
`4
`
`
`
`Case 1:16-cv-00116-RGA Document 98 Filed 05/12/17 Page 10 of 19 PageID #: 2460
`
`HIGHLY CONFIDENTIAL -ATTORNEYS' EYES ONLY
`
`a. how HBase generates time stamps and/or assigns time stamps to database
`
`operations or transactions;
`
`b. how HBase creates and uses versions of data records;
`
`c. how HBase deletes versions of data records;
`
`d.
`
`the configuration of the maximum number of versions parameter in each of Your
`
`cmTent and fonner versions and variations of HBase as represented, for example,
`
`by the variables 'maxVersions' and 'DEFAULT_ VERSIONS' in the HBase class
`
`'HColmnnDescriptor.java'; and
`
`e.
`
`the configuration of the "time to live" (or "TTL") parameter in each of Your
`
`current and former versions and variations of HBase as represented, for example,
`
`by
`
`the variables
`
`'TTL' and
`
`'DEFAULT TTL'
`
`in
`
`the HBase class
`
`'HColumnDescriptor.java.'
`
`26.
`
`Any revenue, profit, cost or other financial results attributed to features using
`
`HBase,
`
`27.
`
`The number of Daily Active Users and/or Monthly Active Users using Facebook
`
`Messages, Facebook Chat, Facebook Messenger, Nearby Friends, Facebook Insights, and
`
`Facebook Graph, on a month-by-month basis.
`
`28.
`
`The change in Daily Active Users and/or Monthly Active Users attributable to
`
`features using HBase,
`
`5
`
`
`
`Case 1:16-cv-00116-RGA Document 98 Filed 05/12/17 Page 11 of 19 PageID #: 2461
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`IDGHL Y CONFIDENTIAL-ATTORNEYS' EYES ONLY
`
`- 29.
`
`The technologies You use and have used to determine the identity and capabilities
`
`of any requesting device (e.g., WURFL,
`
`- ) , and for each such technology:
`
`a. When You first used that technology and if applicable, the date(s) on which You
`
`stopped using that technology;
`
`b. Your decision to design, implement, and/or use that technology, including any
`
`cost-benefit analyses, revenue or profit projections, customer demand, or
`
`perceived need;
`
`c. any revenue, profit, cost or other financial results attributable to that technology;
`
`and
`
`d.
`
`the number of and any change in Daily Active Users and/or Monthly Active Users
`
`attributable to that technology.
`
`30.
`
`Your design, development, testing (including A/B testing), and use of those
`
`technologies identified in response to Topic No. 29, including their implementation, analyses or
`
`metrics relating to their use, as well as information relating to any current or future plans to
`
`expand, deprecate, or otherwise modify those technologies.
`
`31.
`
`The ways in which (including the identity, location, and functionality of related
`
`source code) You have and do:
`
`a. determine the identity of the requesting device and its capabilities;
`
`b. modify, adapt, augment, alter, interpret, or manipulate content before it is
`
`transmitted to requesting devices (e.g., by using HHVM, PHP, Hack, and XHP);
`
`6
`
`
`
`Case 1:16-cv-00116-RGA Document 98 Filed 05/12/17 Page 12 of 19 PageID #: 2462
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`HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY
`
`c. request that a user authenticate, e.g., by providing a username and/or password;
`
`d.
`
`receive client credentials (e.g., username and password) ;
`
`e. use WURFL's "fall-back" hierarchy feature;
`
`f. process user requests and respond with information, including, e.g., the scripting
`
`languages (e.g., Hack, PHP, and XHP), data formats (e.g., HTML and JSON),
`
`servers, software, files, and protocols (e.g., TCP/IP, SSL/TLS, and HTTP) used;
`
`g. store and retrieve account information (e.g., username, password, IP address, Page
`
`Roles, active sessions, and whether an account is disabled);
`
`h. use custom XHP classes;
`
`1. use CGI; and
`
`J. authenticate, validate, and/or authorize users.
`
`32.
`
`Your use of HHVM (including the identity, location, and functionality of related
`
`source code) to retrieve, parse, interpret, process, run, execute, optimize, or compile scripts or
`
`files written using Hack or PHP (including XHP), including Your use of HHVM to parse code
`
`into an abstract syntax tree ("AST").
`
`33.
`
`The date(s) on which You first made use of WURFL's fall-back hierarchy, XHP,
`
`custom XHP classes, Hack, and HHVM, and if applicable, the date(s) on which You stopped
`
`using those technologies.
`
`34.
`
`The devices used to access Your websites on a month-by-month bases smce
`
`February 2010, including:
`
`a.
`
`the number and identity of unique devices that made requests;
`
`b.
`
`the number and identity of unique operating systems that made requests;
`
`c.
`
`the number and identity of unique web browsers that made requests;
`
`7
`
`
`
`Case 1:16-cv-00116-RGA Document 98 Filed 05/12/17 Page 13 of 19 PageID #: 2463
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`HIGHLY CONFIDENTIAL -ATTORNEYS' EYES ONLY
`
`d.
`
`the number and identity of unique combinations of device capabilities that You
`
`support; and
`
`e.
`
`the number of mobile and non-mobile devices that made requests.
`
`35.
`
`Your "Where You're Logged In," "Active Sessions," "Login Notifications,"
`
`"Login Alerts," "Login Approvals," and "Account Status History" features, including:
`
`a)
`
`b)
`
`c)
`
`when those features were first implemented;
`
`how Your servers store account information relating to those features;
`
`Your decision to design, implement, and include that feature, including any cost
`
`benefit analyses, testing (including AIB testing), revenue or profit projections, customer
`
`demand, or perceived need for the feature;
`
`d)
`
`e)
`
`any revenue, profit, cost or other financial results attributable to the feature; and
`
`the number of Daily Active Users and/or Monthly Active Users attributable to the
`
`feature.
`
`36.
`
`The structure and functionality of TAO, including the storage of users' credentials
`
`(e.g., username/password).
`
`37.
`
`How Facebook Chat identifies and has identified which Facebook users are "on
`
`Chat or Messenger," including an interpretation of SVI-FB0011391 and SVI-FB00011422 and
`
`any cost-benefit analysis, revenue or profit projections, and perceived need for that functionality.
`
`38.
`
`Data (e.g., cookies) that You send and have sent after a user's credentials have
`
`been validated.
`
`39.
`
`Your
`
`use
`
`of
`
`relation to the authorization process, including current and former versions and variations.
`
`Ill
`
`8
`
`
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`Case 1:16-cv-00116-RGA Document 98 Filed 05/12/17 Page 14 of 19 PageID #: 2464
`
`HIGHLY CONFIDENTIAL -ATTORNEYS' EYES ONLY
`
`40.
`
`Your Pages and Page Roles features and/or any similar predecessor features,
`
`including:
`
`a. when those features were first implemented;
`
`b. how Your servers store account infonnation relating to those features;
`
`c. Your decision to design, implement, and include those features, including any
`
`cost-benefit analyses,
`
`testing (including A/B
`
`testing), revenue or profit
`
`projections, customer demand, or perceived need for those features;
`
`d. any revenue, profit, cost or other financial results attributable to those features;
`
`and
`
`e.
`
`the number of and any change in Daily Active Users and/or Monthly Active Users
`
`attributable to those features.
`
`41.
`
`Your implementation and any testing (including A/B testing) of Pages and/or any
`
`similar predecessor feature, including the date(s) on which Facebook users were first able to:
`
`a. act as a Page on Facebook (e.g., post a comment or "Write Something" using the
`
`Page's voice instead of their own personal voice) as described in, for example,
`
`SVI-FB00005566 and SVI-FB00005593;
`
`b. assign Page Roles to themselves or to other Facebook customers;
`
`c. manage multiple Pages using a single personal profile, as described m, for
`
`example, SVI-FB00005637; and
`
`d. switch to different Pages for which the customer had a role without having to log
`
`in again, such as by using the drop-down menu in the top-right corner of the
`
`bluebar.
`
`9
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`
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`Case 1:16-cv-00116-RGA Document 98 Filed 05/12/17 Page 15 of 19 PageID #: 2465
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`HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY
`
`42.
`
`Your implementation of'
`
`" and the · - , " including the
`
`date(s) on which You first implemented those features and their functionalities in relation to
`
`Facebook Pages, and if applicable, the date(s) on which You stopped using those features.
`
`43.
`
`How You differentiate between and have differentiated between (A) a customer
`
`posting as himself and (B) a customer posting as a Page for which that customer has a Page Role
`
`(e.g., using 'actor!D').
`
`44.
`
`Any instructions, guides, tutorials, FAQs, advice, or other information You
`
`provide or have provided to users relating to creating a customer account, logging in to a
`
`customer account, otherwise accessing a customer's Facebook account, and/or accessing status
`
`information for users.
`
`45.
`
`Any instructions, guides, tutorials, FAQs, advice, or other information You
`
`provide or have provided to users relating to Page Roles, including, e.g., creating a Page,
`
`assigning Page Roles, and managing Page Roles.
`
`46.
`
`The ways in which (including the identity, location, and functionality of related
`
`source code) Facebook Chat, Facebook Messenger, and/or any similar predecessor feature have
`
`and do:
`
`a. configure a client browser to enable Facebook Chat and/or Facebook Messenger
`
`functionalities, for example, the ways in which HTML and Javascript configure
`
`the client browser to be able to communicate with Your servers (e.g., through
`
`XMLHttpRequest, iframe, o r . ) when a user logs into Your websites and/or
`
`receives messages through Facebook Chat and/or Facebook Messenger;
`
`b. establish network connections (e.g., TCP/IP, SSL/TLS, and HTTP) between the
`
`client browser and Your servers for Facebook Chat and/or Facebook Messenger
`
`10
`
`
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`Case 1:16-cv-00116-RGA Document 98 Filed 05/12/17 Page 16 of 19 PageID #: 2466
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`HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY
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`functionalities, for example the network connections and communications (e.g.,
`
`TCP/IP, SSL/TLS, and HTTP) between client browsers and Your Chat and/or
`
`Messenger servers (e.g., https://6-edge-chat.messenger.com) when a user logs into
`
`Your websites or receives messages through Facebook Chat and/or Facebook
`
`Messenger;
`
`c. determine whether a client sends a HTTP longpoll or HTTP stream request to a
`
`Chat and/or Messenger server;
`
`d. deliver messages (e.g., text, sticker, image, and voicemail) from one user to
`
`another user (e.g.,
`
`e.
`
`transmit requests and responses between the client browser and Your servers for
`
`Facebook Chat and/or Facebook Messenger functionalities; and
`
`f.
`
`terminate a connection between the client browser and Your servers.
`
`47.
`
`The first and/or last dates, if applicable, on which Facebook Chat, Facebook
`
`Messenger, and/or any similar predecessor feature was made available to users and customers
`
`through browsers on desktop and/or mobile platforms.
`
`48.
`
`The web browsers supported by Facebook Chat, Facebook Messenger, and/or any
`
`similar predecessor feature since February 2010, including
`
`a.
`
`b.
`
`c.
`
`the names and versions of all such browsers;
`
`the names and versions of all unsupported browsers;
`
`any difference in ways Chat and/or Messenger configures these different client
`
`browsers on different computers, mobile devices, and operating systems that you
`
`contend impact infringement; and
`
`11
`
`
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`Case 1:16-cv-00116-RGA Document 98 Filed 05/12/17 Page 17 of 19 PageID #: 2467
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`HIGHLY CONFIDENTIAL -ATTORNEYS' EYES ONLY
`
`d.
`
`any evalnation, study, analysis, or investigation of the foregoing.
`
`49.
`
`The use of SSL/TLS to connect client browsers and Your Chat and/or Messenger
`
`servers (e.g., https://6-edge-chat.messenger.com), including the number and percentage of users
`
`that use SSL/TLS for such connections on a monthly basis since February 2010.
`
`50.
`
`The use of HTTP stream and HTTP longpoll requests from client browsers to
`
`Your Chat and/or Messenger servers (e.g., https://6-edge-chat.messenger.com), including the
`
`number and percentage of requests of each type on a monthly basis since February 2010.
`
`51.
`
`Your use and testing of Facebook Chat, Facebook Messenger, and/or any similar
`
`predecessor feature, including any gains in productivity from Your use of Facebook Chat and
`
`Facebook Messenger.
`
`52.
`
`Your decision to design, develop, and implement Facebook Chat, Facebook
`
`Messenger, and/or any similar predecessor feature, including any cost-benefit analysis, revenue
`
`or profit projections, customer demand, and perceived need for Chat and/or Messenger.
`
`53.
`
`Any revenue, profit, cost, or other financial results attributed to Facebook Chat,
`
`Facebook Messenger, and/or any similar predecessor feature.
`
`54.
`
`The number of Daily Active Users and/or Monthly Active Users using Your
`
`websites and applications (e.g., the main Facebook website, the Messenger website, the
`
`Facebook app, and the Messenger app) attributed to Facebook Chat, Facebook Messenger,
`
`and/or any similar predecessor feature, on a month-by-month basis.
`
`55.
`
`The change in Daily Active Users and/or Monthly Active Users of each of Your
`
`websites and applications (e.g., the main Facebook website, the Messenger website, the
`
`Facebook app, and the Messenger app) attributed to Facebook Chat, Facebook Messenger.
`
`and/or any similar predecessor feature.
`
`12
`
`
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`Case 1:16-cv-00116-RGA Document 98 Filed 05/12/17 Page 18 of 19 PageID #: 2468
`
`HIGHLY CONFIDENTIAL -ATTORNEYS' EYES ONLY
`
`56.
`
`The location of Your servers that provide Your websites to users in the United
`
`States.
`
`13
`
`
`
`Case 1:16-cv-00116-RGA Document 98 Filed 05/12/17 Page 19 of 19 PageID #: 2469
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`HIGHLY CONFIDENTIAL -ATTORNEYS' EYES ONLY
`
`CERTIFICATE OF SERVICE
`
`I, Megan C. Haney, Esquire, hereby certify that on May 5, 2017, a copy of Sound View
`Innovations, LLC's First Notice of Deposition to Facebook, Inc. was caused to be served upon
`the following counsel in the manner indicated:
`
`VIA EMAIL:
`Jack B. Blumenfeld
`Karen Jacobs
`Morris, Nichols, Arsht & Tunnell LLP
`1201 North Market Street
`Wilmington, DE 19801
`jblumenfeld@mnat.com
`kjacobs@mnat.com
`
`Heidi L. Keefe
`Cooley LLP
`317 5 Hanover Street
`Palo Alto, CA 94304
`hkeefe@cooley.com
`
`Phillip E. Morton
`Cooley LLP
`1299 Pennsylvania Avenue, NW, Suite 700
`Washington, D.C. 20004
`pmorton@cooley.com
`zFBSoundView@cooley.com
`
`Isl Megan C. Haney
`Megan C. Haney (#5016)
`
`14
`
`
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