Case 1:17-cv-00868-CFC-SRF Document 55 Filed 09/20/19 Page 1 of 9 PageID #: 1428
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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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`v.
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`L’ORÉAL USA, INC.,
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`C.A. No. 17-cv-868-CFC-SRF
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`Plaintiffs,
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`Defendant.
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`PLAINTIFFS’ FIRST NOTICE OF RULE 30(b)(6)
`DEPOSITION TO DEFENDANT L’OREAL USA, INC.
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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 or before October 18, 2019 and at a mutually agreeable location, counsel for
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`Plaintiffs University of Massachusetts and Carmel Laboratories, LLC will take the deposition(s)
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`of the designated representative(s) of Defendant L’Oréal USA (“L’Oréal”), able to testify fully
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`as to the topics listed in Schedules A and B. The deposition(s) will continue from day to day
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`until completed. The deposition(s) will be taken before a duly qualified notary public or other
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`officer authorized by law to administer oaths. The deposition will be recorded by video and
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`stenographic means. The deposition may be used to preserve testimony for trial, to obtain
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`discovery, and for any other purpose authorized by the Federal Rules of Civil Procedure.
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`By September 23, 2019 L’Oréal shall provide a written designation of the name(s) and
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`position(s) of the one or more officers, directors, or managing agents, or other person(s) who
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`will be produced to testify on its behalf concerning the topics and matters set forth in Schedules
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`A and B. Pursuant to Federal Rule of Civil Procedure 30(b)(6), the person(s) designated by
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
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`
`
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`UNIVERSITY OF MASSACHUSETTS
`and CARMEL LABORATORIES, LLC,
`
`
`
`v.
`
`L’ORÉAL USA, INC.,
`
`
`
`
`
`
`
`
`C.A. No. 17-cv-868-CFC-SRF
`
`
`
`Plaintiffs,
`
`Defendant.
`
`
`PLAINTIFFS’ FIRST NOTICE OF RULE 30(b)(6)
`DEPOSITION TO DEFENDANT L’OREAL USA, INC.
`
`PLEASE TAKE NOTICE that, pursuant to Rule 30(b)(6) of the Federal Rules of Civil
`
`Procedure, on or before October 18, 2019 and at a mutually agreeable location, counsel for
`
`Plaintiffs University of Massachusetts and Carmel Laboratories, LLC will take the deposition(s)
`
`of the designated representative(s) of Defendant L’Oréal USA (“L’Oréal”), able to testify fully
`
`as to the topics listed in Schedules A and B. The deposition(s) will continue from day to day
`
`until completed. The deposition(s) will be taken before a duly qualified notary public or other
`
`officer authorized by law to administer oaths. The deposition will be recorded by video and
`
`stenographic means. The deposition may be used to preserve testimony for trial, to obtain
`
`discovery, and for any other purpose authorized by the Federal Rules of Civil Procedure.
`
`By September 23, 2019 L’Oréal shall provide a written designation of the name(s) and
`
`position(s) of the one or more officers, directors, or managing agents, or other person(s) who
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`will be produced to testify on its behalf concerning the topics and matters set forth in Schedules
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`A and B. Pursuant to Federal Rule of Civil Procedure 30(b)(6), the person(s) designated by
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`Case 1:17-cv-00868-CFC-SRF Document 55 Filed 09/20/19 Page 2 of 9 PageID #: 1429
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`L’Oréal should be prepared to testify to such matters known or reasonably available to L’Oréal
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`as set forth in Schedules A and B.
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`Dated: September 20, 2019
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`Respectfully submitted,
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`FARNAN LLP
`
`
`
`
`/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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`Attorneys for University of Massachusetts
`and Carmel Laboratories, LLC
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`2
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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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`Case 1:17-cv-00868-CFC-SRF Document 55 Filed 09/20/19 Page 3 of 9 PageID #: 1430
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`Attorneys for Carmel Laboratories, LLC
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`Attorney for University of Massachusetts
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`Matthew B. Lowrie
`FOLEY & LARDNER LLP
`111 Huntington Avenue, Suite 2600
`Boston, MA 02199
`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
`
`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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`3
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`Case 1:17-cv-00868-CFC-SRF Document 55 Filed 09/20/19 Page 4 of 9 PageID #: 1431
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`SCHEDULE A
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`DEFINITIONS
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`The deposition topics are subject to and incorporate the following definitions:
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`1. The term “UMass” refers to the University of Massachusetts, including any of its past and
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`present affiliates, operating divisions, campuses, subsidiaries, directors, officers, agents,
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`employees, representatives, and all persons acting on its behalf.
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`2. The term “Carmel Labs” refers to Carmel Laboratories, LLC, including any of its past and
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`present affiliates, operating divisions, parent corporations, subsidiaries, directors, officers,
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`agents, employees, representatives, and all persons acting on its behalf.
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`3. The terms “Defendant,” “You,” “Your,” or “L’Oréal” shall refer to defendant L’Oréal
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`USA, Inc., and shall include L’Oréal S.A. as well as L’Oréal USA Inc.’s parent,
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`subsidiaries, affiliates, divisions, successors or assignees, and their respective officers,
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`directors, employees, consultants, representatives, and agents.
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`4. The term “Present Lawsuit” refers to the case styled University of Massachusetts, et al. v.
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`L’Oréal USA, Inc., Case No. 1:17-cv-00868-CFC-SRF, pending in the United States
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`District Court for the District of Delaware.
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`5. The term “Document” or “Documents” is used in the broadest sense permitted by the
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`Federal Rules of Civil Procedure and means the original (or any copy when originals are
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`not available) and any drafts or non-identical copies thereof, whether different from the
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`original because of interlineations, receipt stamp, notation of copy sent or received or
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`otherwise, of any email, instant message, voicemail, book, pamphlet, periodical, letter,
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`report, note, memorandum, record, minutes, calendar or diary entry, transcript, study,
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`compilation, analysis, tabulation, map, diagram, drawing, plan, picture, summary, working
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`4
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`Case 1:17-cv-00868-CFC-SRF Document 55 Filed 09/20/19 Page 5 of 9 PageID #: 1432
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`paper, chart, paper, graph index, data sheet, data processing card, computer printout,
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`summary of a computer printout, tape, contract, agreement, lease, ledger, journal, balance
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`sheet, account, invoice, purchase order, receipt, billing record, financial data, financial
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`statement, file, diary, film, trip tickets, telex, teletype or other messages, telegram, expense
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`vouchers, instructions, bulletins or any other writing or recording of information, as well
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`as all tape recordings, computer tapes, discs and other electronic or mechanical recordings,
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`however produced, maintained or reproduced, including information stored in or generated
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`by a computer whether or not ever printed out or displayed, within the possession, custody
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`or control of plaintiff or any of its officers, directors, employees, attorneys, or other agents
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`and/or representatives.
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`6. The term “Person” means natural person, corporation, firm, company, sole proprietorship,
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`partnership, joint venture, association, institute, or other business, legal or governmental
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`entity or association, including any directors, officers, employees, agents or representatives
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`thereof.
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`7. The term “Agreement” means a contract, agreement, arrangement, or understanding,
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`formal or informal, oral or written, between two or more persons.
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`8. The term “Communication” refers to any transfer of information, oral or written, be it in
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`the form of facts, ideas, inquiries, opinions or otherwise, by any means, at any time or
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`place, under any circumstances, and is not limited to transfers between persons, but
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`includes other transfers, such as records and memoranda to the file.
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`9. The phrase “Relating To” means discussing, describing, referring to, pertaining to,
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`containing, analyzing, studying, reporting on, commenting on, evidencing, constituting,
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`setting forth, considering, recommending, concerning, or pertaining to, in whole or in part.
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`5
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`Case 1:17-cv-00868-CFC-SRF Document 55 Filed 09/20/19 Page 6 of 9 PageID #: 1433
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`10. The terms “Asserted Patents” and “Patents-in-Suit” shall mean United States Patents No.
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`6,423,327 and 6,645,513.
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`11. The term “’327 Patent” refers to U.S. Patent No. 6,423,327.
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`12. The term “’513 Patent” refers to U.S. Patent No. 6,645,513.
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`13. The term “Prior Art” means any evidence qualifying as prior art to the Patents-in-Suit under
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`35 U.S.C. § 102 and/or 35 U.S.C. § 103.
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`14. The terms “all” and “each” shall be construed as “and,” “each,” and “and/or.”
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`15. The term “any” should be understood in either its most or least inclusive sense as will bring
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`within the scope of the topic all responses that might otherwise be construed to be out of
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`its scope.
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`16. The term “including” shall mean including but not limited to.
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`17. The terms “relate,” “relating,” or “related” mean in any way, directly or indirectly, in whole
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`or part, relating to, concerning, referring to, discussing, mentioning, regarding, pertaining
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`to, describing, reflecting, containing, analyzing, studying, reporting on, commenting on,
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`evidencing, constituting, setting forth, considering, recommending, modifying, amending,
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`confirming, endorsing, representing, supporting, qualifying, terminating, revoking,
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`refuting, undermining, canceling, contradicting or negating.
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`18. The terms “and” and “or” shall be construed disjunctively or conjunctively as necessary
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`to bring within the scope of these topics all information which might otherwise be
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`construed to be outside their scope.
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`19. All requests apply equally to sales made in the United States as well as sales made in any
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`other country.
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`20. References to the singular shall include the plural, and references to the plural shall
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`6
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`Case 1:17-cv-00868-CFC-SRF Document 55 Filed 09/20/19 Page 7 of 9 PageID #: 1434
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`include the singular as may be appropriate to construe the individual document requests in
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`their broadest form.
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`21. The masculine form of a noun or pronoun shall be considered to include within its meaning
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`the feminine form of the noun or pronoun, and vice versa as may be appropriate to make
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`the individual document requests inclusive rather than exclusive.
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`22. “State in detail” means to give a complete and full description concerning the matter about
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`which inquiry is made, including the full name, address and telephone number of persons
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`involved, if appropriate, along with the dates, times, places, amounts, acts, logic, and other
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`particulars that make the answers to the interrogatory fair and meaningful.
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`23. “Identify,” when used with reference to:
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`a. an individual person, means to state his or her full name, present or last known
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`employer, job title, general job description, present or last known residence
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`addresses and telephone number, and present or last known business addresses and
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`telephone number;
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`b. a business entity, means to state the full name and address of the entity and the
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`names and positions of the individual or individuals connected with such entity who
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`have knowledge of the information requested.
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`c. a document, means to identify the document by bates number, or if it is not bates
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`numbered, to state the type of document (letter, memorandum, email, etc.), its dates,
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`author(s) or originator(s), addresse(s), all individuals who received copies of the
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`document, the identity of persons known or presumed by you to have present
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`possession, custody or control thereof, and a brief description of the subject matter
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`and present location.
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`7
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`Case 1:17-cv-00868-CFC-SRF Document 55 Filed 09/20/19 Page 8 of 9 PageID #: 1435
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`d. An offering, system or method means to specify a part number, trade name, catalog
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`number, version number, and any other designation used to refer to the product,
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`system or method.
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`24.
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`So as to construe the individual Deposition Topics in the broadest form, references
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`to the singular shall include the plural and references to the plural shall include the singular.
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`8
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`Case 1:17-cv-00868-CFC-SRF Document 55 Filed 09/20/19 Page 9 of 9 PageID #: 1436
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`SCHEDULE B
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`DEPOSITION TOPICS
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`DEPOSITION TOPIC NO. 1):
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`Whether and how documents and/or things created and/or maintained by L’Oréal S.A.—
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`including but not limited to 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, including but not limited to computer server access, shared document access, hard
`copies, and/or communications about any of the same.
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`DEPOSITION TOPIC NO. 2):
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`Whether and how documents and/or things created and/or maintained by L’Oréal USA.—
`including but not limited to 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 S.A., including but not limited to computer server access, shared document access, hard
`copies, and/or communications about any of the same.
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`DEPOSITION TOPIC NO. 3):
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`Whether and how L’Oréal S.A. and L’Oréal USA communicate on corporate matters, including
`but not limited to sales of products, testing of products, marketing of products, revenue and profits
`from those products, and/or allegations of patent infringement.
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`9
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