Case 1:17-cv-00868-CFC-SRF Document 117 Filed 04/15/20 Page 1 of 6 PageID #: 3674
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`UNIVERSITY OF MASSACHUSETTS and
`CARMEL LABORATORIES, LLC,
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`L’ORÉAL USA, INC.,
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`Plaintiffs,
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`v.
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`Defendant.
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` Case No. 17-cv-868-CFC-SRF
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`NOTICE OF DEPOSITION PURSUANT TO RULE 30(b)(6)
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`PLEASE TAKE NOTICE that, pursuant to Rule 30(b)(6) of the Federal Rules of Civil
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`Procedure, on April 23, 2020, via remote deposition software, counsel for the University of
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`Massachusetts and Carmel Laboratories, LLC, will take the videotaped deposition of the
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`designated representative of L’Oréal USA, Inc., best able to testify as to the matters set forth in
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`Exhibit 1. L’Oréal USA, Inc., has a duty to designate one or more officers, directors, managing
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`agents, or other persons with sufficient knowledge to testify fully regarding the topics listed in
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`Exhibit 1.
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`The deposition will be taken before a Notary Public or some other officer authorized by
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`law to administer oaths, who will appear remotely, for use at trial. The above deposition will be
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`recorded by stenographic means, audiotaped, videotaped, and/or transcribed using realtime
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`interactive transcription (e.g., LiveNote). Further, given the deposition will be taken remotely, it
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`may feature instant audio and visual display of each participant, include real-time electronic
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`recording and capture of exhibits, and utilize paperless exhibit display. The deposition will
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`continue from day to day until completed.
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`Case 1:17-cv-00868-CFC-SRF Document 117 Filed 04/15/20 Page 2 of 6 PageID #: 3675
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`Respectfully submitted,
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`FARNAN LLP
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`/s/ Brian E. Farnan
`Brian E. Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 North Market Street, 12th Floor
`Wilmington, DE 19801
`Telephone: (302) 777-0300
`Facsimile: (302) 777-0301
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw,com
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`DATED: April 15, 2020
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`Of Counsel:
`William Christopher Carmody
`Tamar E. Lusztig
`Beatrice C. Franklin
`SUSMAN GODFREY L.L.P.
`1301 Avenue of the Americas, 32nd Floor
`New York, NY 10019
`Telephone: (212) 336-8330
`Facsimile: (212) 336-8340
`bcarmody@susmangodfrey.com
`tlusztig@susmangodfrey.com
`bfranklin@susmangodfrey.com
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`Justin A. Nelson
`SUSMAN GODFREY L.L.P.
`1000 Louisiana Street, Suite 5100
`Houston, Texas 77002
`Telephone: (713) 651-9366
`Facsimile: (713) 654-6666
`jnelson@susmangodfrey.com
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`Attorneys for University of Massachusetts
`and Carmel Laboratories, LLC
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`Matthew B. Lowrie
`FOLEY & LARDNER LLP
`111 Huntington Avenue, Suite 2600
`Boston, MA 02199
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`2
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`Case 1:17-cv-00868-CFC-SRF Document 117 Filed 04/15/20 Page 3 of 6 PageID #: 3676
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`Telephone: (617) 342-4000
`Facsimile: (617) 342-4001
`mlowrie@foley.com
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`COMMONWEALTH OF MASSACHUSETTS,
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`By its attorney,
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`MAURA HEALEY
`ATTORNEY GENERAL
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`By: William Christopher Carmody
`William Christopher Carmody
`Special Assistant Attorney General
`SUSMAN GODFREY L.L.P.
`1301 Avenue of the Americas, 32nd Floor
`New York, NY 10019
`Telephone: (212) 336-8330
`Facsimile: (212) 336-8340
`bcarmody@susmangodfrey.com
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`Attorneys for Carmel Laboratories, LLC
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`Attorney for University of Massachusetts
`Medical School
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`3
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`Case 1:17-cv-00868-CFC-SRF Document 117 Filed 04/15/20 Page 4 of 6 PageID #: 3677
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`EXHIBIT 1
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`Definitions
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`1. The terms “Defendant,” “You,” “Your,” or “L’Oréal” shall refer to defendant L’Oréal
`USA, Inc., and shall include L’Oréal S.A. as well as L’Oréal USA Inc.’s parent,
`subsidiaries, affiliates, divisions, successors or assignees, and their respective officers,
`directors, employees, consultants, representatives, and agents.
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`2. The term “Document” or “Documents” is used in the broadest sense permitted by the
`Federal Rules of Civil Procedure and means the original (or any copy when originals are
`not available) and any drafts or non-identical copies thereof.
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`3. The terms “Asserted Patents” and “Patents-in-Suit” shall mean United States Patents No.
`6,423,327 and 6,645,513.
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`4. The term “Accused Products” refers to the products listed in Exhibit A to Plaintiffs’
`Disclosure of Asserted Claims and Initial Infringement Contentions, served on October 10,
`2019, subject to any subsequent supplement or amendment
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`5. The terms “all” and “each” shall be construed as “and,” “each,” and “and/or.”
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`6. The term “any” should be understood in either its most or least inclusive sense as will bring
`within the scope of the topic all responses that might otherwise be construed to be out of
`its scope.
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`7. The term “including” shall mean including but not limited to.
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`8. The terms “relate,” “relating,” or “related” mean in any way, directly or indirectly, in whole
`or part, relating to, concerning, referring to, discussing, mentioning, regarding, pertaining
`to, describing, reflecting, containing, analyzing, studying, reporting on, commenting on,
`evidencing, constituting, setting forth, considering, recommending, modifying, amending,
`confirming, endorsing, representing, supporting, qualifying, terminating, revoking,
`refuting, undermining, canceling, contradicting or negating.
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`9. The terms “and” and “or” shall be construed disjunctively or conjunctively as necessary
`to bring within the scope of these topics all information which might otherwise be
`construed to be outside their scope.
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`10. The terms “sale,” “sales,” “sell” or “sold” shall include sales, licenses, leases, loans,
`consignments, distribution to resellers or others (including, but not limited to, to
`Your related and affiliated entities) and all other methods of product distribution
`whether direct or indirect, and whether the product is distributed singly or in
`combination with or as part of another product, and whether or not revenue was or
`will be received therefrom.
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`4
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`Case 1:17-cv-00868-CFC-SRF Document 117 Filed 04/15/20 Page 5 of 6 PageID #: 3678
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`A. The identity, job function or title, and office location of each custodian whose documents
`were searched for responsive documents.
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`Topics
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`B. What documents were searched for each custodian (for example, emails, folders on
`personal or shared drives, hard copy files).
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`C. What documents were searched for each L’Oreal U.S.A. or L’Oreal S.A. employee
`identified in Plaintiffs’ Initial Disclosures.
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`D. The name, location, and general description of each shared drive, server, or other document
`repository that was searched for responsive documents.
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`E. The search terms or other criteria (for example, folder names or file names) that were used
`to search for responsive documents.
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`F. The location and general description of any hard copy files that were searched for
`responsive documents.
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`G. Non-privileged, factual information regarding when a litigation hold for this matter was
`issued, to whom the hold was issued, the documents or other information that was subject
`to the hold, and how the hold was implemented.
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`H. Where sales, cost, and profit information for each brand is kept; how long it is retained;
`how it was collected and produced for this litigation.
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`I. Where officialization documents are kept; how long they are retained; how they were
`collected and produced for this litigation.
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`J. Where product packaging is kept; how long it is retained; how it was collected and
`produced for this litigation.
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`K. Whether and how a search was conducted for the documents that Plaintiffs have identified
`in written correspondence as documents Plaintiffs believe to be outstanding and responsive
`to Plaintiffs’ Requests for Production.
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`L. Where product samples are kept; how long they are retained; and whether and how a search
`was conducted for product samples for this litigation.
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`M. Which L’Oreal S.A. files, servers, drives, or other document repositories were searched for
`responsive documents.
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`N. Whether internal L’Oreal S.A. communications were searched for responsive documents.
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`5
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`Case 1:17-cv-00868-CFC-SRF Document 117 Filed 04/15/20 Page 6 of 6 PageID #: 3679
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`O. What categories of produced documents (for example, marketing materials, product
`packaging, product testing, patent files) came from L’Oreal S.A.’s files.
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`P. Whether documents and things related to product research, revenue and profit information,
`product tests and their results, patent filings, product samples, and L’Oréal S.A.’s
`communications with potential patent licensors can be requested, accessed, or obtained by
`L’Oréal USA.
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`Q. Whether L’Oreal USA can access computer servers or shared drives maintained by L’Oreal
`S.A.
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`6
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