Case 1:19-cv-01245-LPS Document 30 Filed 05/01/20 Page 1 of 7 PageID #: 286
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`LBT IP I LLC,
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`Plaintiff,
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`v.
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`APPLE INC.,
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`Defendant.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 19-1245-LPS
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`STIPULATION AND ORDER
`REGARDING DISCOVERY OF ELECTRONICALLY-STORED INFORMATION
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`Plaintiff LBT IP I LLC and Defendant Apple Inc. (“Defendant”) hereby agree that the
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`following procedures shall govern discovery of Electronically-Stored Information (“ESI”) in this
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`case:
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`1.
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`Custodian names and search terms to be exchanged. The parties shall meet and
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`confer to reach agreement on a reasonable list of custodians for purposes of collection, review and
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`production of electronically stored information. In connection with the meet and confer process,
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`each party shall provide a proposed list of individual custodians who are knowledgeable about and
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`were involved with the core issues or subjects in this case (e.g., the asserted patents, the
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`development, design and operation of the accused products, and sales, marketing and other
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`damages-related information for the accused products). The parties then shall meet and confer to
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`reach agreement on document custodians and also shall meet and confer to reach agreement on
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`search terms to be used for electronic searches of the files from those custodians. ESI, including,
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`but not limited to electronic files and email, shall be collected for each individual custodian from
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`the personal computers, network resources, and other electronic devices that those individuals use
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`for work purposes. Notwithstanding prior agreement on the search terms to be used for electronic
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`searches, should a search produce an unreasonably large number of non-responsive or irrelevant
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`results, the parties shall (at the producing party’s request) meet and confer to discuss application
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`of further negative search restrictions (e.g., if a single search was for “card” and ninety percent of
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`the resulting documents came from the irrelevant term “credit card,” a negative limitation to ignore
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`documents only returned as a result of “credit card” may be applied to remove these documents).
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`The party receiving production shall not unreasonably oppose such further restrictions designed to
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`filter immaterial search results. The parties shall make good faith efforts to identify appropriate
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`email custodians and produce email on the agreed upon schedule, but reserve the right to seek
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`email from additional email custodians identified through discovery.
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`2.
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`Format for production of documents – documents existing in electronic
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`format. Except as otherwise provided for in this Stipulation, all documents existing in electronic
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`format shall be produced in multiple page, searchable PDF format at a resolution of at least 300
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`dpi in accordance with the following:
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`(a)
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`PDF files shall be produced along with Concordance/Opticon image load
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`files that indicate the beginning and ending of each document.
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`(b)
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`For documents which already exist in PDF format prior to production (i.e.,
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`which the producing party receives from a client or third party in PDF format), the producing party
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`may provide them in that same PDF format, whether searchable or non-searchable. For documents
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`converted to PDF format prior to production, the producing party shall make reasonable efforts to
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`convert to searchable PDF.
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`(c) Metadata. Load files should include, where applicable, the information
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`listed in the Table of Metadata Fields, attached as Exhibit A. However, the parties are not obligated
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`to include metadata for any document that does not contain such metadata in the original, if it is
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`not possible to automate the creation of metadata when the document is collected. The parties
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`2
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`reserve their rights to object to any request for the creation of metadata for documents that do not
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`contain metadata in the original.
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`(d)
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`Production media and encryption of productions. Unless otherwise
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`agreed, the parties shall provide document productions in the following manner: The producing
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`party shall provide the production data on CDs, DVDs, external hard drives or SFTP, as
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`appropriate. The producing party shall encrypt the production data using WinRAR encryption, and
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`the producing party shall forward the password to decrypt the production data separately from the
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`CD, DVD, external drive or SFTP to which the production data is saved.
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`3.
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`Format for production of documents – hardcopy or paper documents. All
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`documents that are hardcopy or paper files shall be scanned and produced in the same manner as
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`documents existing in electronic format, above.
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`4.
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`Source code. This Stipulation does not govern the format for production of source
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`code, which shall be produced pursuant to the relevant provision of the Protective Order.
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`5.
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`Parent and child emails. The parties shall produce email attachments sequentially
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`after the parent email.
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`6.
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`Native files. The parties will meet and confer to discuss requests for the production
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`of files in native format, on a case-by-case basis. If the parties are unable to reach agreement with
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`regard to requests for additional documents in native-file format, the parties reserve the right to
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`seek relief from the Court. Documents produced natively shall be represented in the set of imaged
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`documents by a slipsheet indicating the production identification number and confidentiality
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`designation for the native file that is being produced.
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`7.
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`Databases. Certain types of databases are dynamic in nature and will often contain
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`information that is neither relevant nor reasonably calculated to lead to the discovery of admissible
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`evidence. Thus, a party may opt to produce relevant and responsive information from databases
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`3
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`in an alternate form, such as a report or data table. These reports or data tables will be produced
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`in a static format.
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`The parties agree to identify the specific databases, by name, that contain the relevant and
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`responsive information that parties produce.
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`8.
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` Requests for hi-resolution or color documents. The parties agree to respond to
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`reasonable and specific requests for the production of higher resolution or color images. Nothing
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`in this Stipulation shall preclude a producing party from objecting to such requests as unreasonable
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`in number, timing or scope, provided that a producing party shall not object if the document as
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`originally produced is illegible or difficult to read. The producing party shall have the option of
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`responding by producing a native-file version of the document. If a dispute arises with regard to
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`requests for higher resolution or color images, the parties will meet and confer in good faith to try
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`to resolve it.
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`9.
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`Foreign language documents. All documents shall be produced in their original
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`language. Where a requested document exists in a foreign language and the producing party also
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`has an English-language version of that document that it prepared for non-litigation purposes prior
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`to filing of the lawsuit, the producing party shall produce both the original document and all
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`English-language versions. In addition, if the producing party has a certified translation of a
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`foreign-language document that is being produced, (whether or not the translation is prepared for
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`purposes of litigation) the producing party shall produce both the original document and the
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`certified translation. Nothing in this agreement shall require a producing party to prepare a
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`translation, certified or otherwise, for foreign language documents that are produced in discovery.
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`4
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`Case 1:19-cv-01245-LPS Document 30 Filed 05/01/20 Page 5 of 7 PageID #: 290
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`Dated: May 1, 2020
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`YOUNG CONAWAY STARGATT & TAYLOR LLP
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`POTTER ANDERSON & CORROON LLP
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`/s/ Karen L. Pascale
`Karen L. Pascale (#2903)
`Robert M. Vrana (#5666)
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`(302) 571-6600
`kpascale@ycst.com
`rvrana@ycst.com
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`Counsel for Plaintiff, LBT IP I LLC
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`/s/ David E. Moore
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Stephanie E. O’Byrne (#4446)
`Tracey E. Timlin (#6469)
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`(302) 984-6000
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`sobyrne@potteranderson.com
`ttimlin@potteranderson.com
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`Counsel for Defendant, Apple Inc.
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`SO ORDERED this _____ day of ___________, 2020.
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`________________________________
`UNITED STATES DISTRICT JUDGE
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`5
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`Case 1:19-cv-01245-LPS Document 30 Filed 05/01/20 Page 6 of 7 PageID #: 291
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`Field Name
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`BegDoc
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`EXHIBIT A
`TABLE OF METADATA FIELDS
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`Field Type
`
`Specifications
`Field Name
`
`Unique ID
`(Bates number)
`
`Paragraph
`
`Description
`(Email)
`
`The Document
`ID number
`associated with
`the first page
`of an email.
`
`The Document
`ID number
`associated with
`the last page of
`an email.
`
`The Document
`ID number
`associated with
`the first page
`of a parent
`email.
`
`The Document
`ID number
`associated with
`the last page of
`the last
`attachment to a
`parent email.
`
`Description (E-
`Files/Attachments)
`
`The Document ID
`number associated
`with the first page
`of a document
`
`The Document ID
`number associated
`with the last page
`of a document.
`
`The Document ID
`number associated
`with the first page
`of a parent
`document.
`
`The Document ID
`number associated
`with the last page
`of the last
`attachment to a
`parent document.
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`EndDoc
`
`Unique ID
`(Bates number)
`
`Paragraph
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`BegAttach
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`Paragraph
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`Unique ID
`(Bates number)
`Parent-Child
`Relationships
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`EndAttach
`
`Paragraph
`
`Unique ID
`(Bates number)
`Parent-Child
`Relationship
`
`Pages
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`Pages
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`Number
`
`The number of
`pages for an
`email.
`
`The number of
`pages for a
`document.
`
`DateSent
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`
`
`Date
`(MM/DD/YYYY
`format)
`
`The date the
`email was sent.
`
`For email
`attachments, the
`date the parent
`email was sent.
`
`The name of the
`author as identified
`by the metadata of
`the document.
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`Author
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`Author Display
`Name (e-mail)
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`Paragraph
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`To
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`Recipient
`
`Paragraph
`
`The display
`name of the
`author or
`sender of an
`email.
`
`The display
`name of the
`recipient(s) of
`an email.
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`The display name
`of the recipient(s)
`of a document (e.g.,
`fax recipients).
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`Exhibit A
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`Page 1 of 2
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`Case 1:19-cv-01245-LPS Document 30 Filed 05/01/20 Page 7 of 7 PageID #: 292
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`EXHIBIT A
`TABLE OF METADATA FIELDS
`(. . . Continued)
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`
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`CC
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`CC
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`Paragraph
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`BCC
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`BCC
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`Paragraph
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`The display
`name of the
`copyee(s) of a
`email.
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`The display
`name of the
`blind copyee(s)
`of an email.
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`Subject
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`Subject (e-mail) Paragraph
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`Custodian
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`Custodian
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`Paragraph
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`The subject
`line of an
`email.
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`The subject of a
`document from
`entered metadata.
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`The custodian
`of an email.
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`The custodian of a
`document.
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`Exhibit A
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`Page 2 of 2
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