Case 1:19-cv-01410-MN Document 116 Filed 03/01/22 Page 1 of 17 PageID #: 2423
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`IN TH E U NITE D S TATES DISTR ICT COURT
`FOR THE DISTR IC T OF DEL AWARE
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`VB Assets, LLC,
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`
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`Plaintiff,
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`C.A. No. 19-1410 (MN)
`
`v.
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`JURY TRIAL DEMANDED
`
`Amazon.com, Inc.et al.,
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`
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`Defendants.
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`PLAINTIFF VB ASSETS, LLC’S NOTICE OF DEPOSITION OF DEFENDANTS
`PURSUANT TO FED. R. CIV. P. 30(B)(6): NON-TECHNICAL TOPICS
`
`PLEASE TAKE NOTICE that, pursuant to Rule 30(b)(6) of the Federal Rules of Civil
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`Procedure, Plaintiff VB Assets, LLC (“VoiceBox” or “Plaintiff”) will take the deposition of
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`Defendants Amazon.com, Inc.; Amazon.com LLC; Amazon Web Services, Inc.; A2Z
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`Development Center, Inc. d/b/a Lab126; Rawles LLC; AMZN Mobile LLC; AMZN Mobile 2
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`LLC; Amazon.com Services, Inc. f/k/a Amazon Fulfillment Services, Inc.; and Amazon Digital
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`Services LLC (collectively, “Amazon” or “Defendants”), through one or more of its officers,
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`directors, or managing agents, or other persons who consent to testify on Amazon’s behalf, with
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`regard to the matters set forth in the attached Schedule A. VoiceBox requests that Amazon identify
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`in writing at least seven (7) days in advance of the deposition, or such other time frame as agreed
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`by the parties, the person(s) designated by Amazon to testify on its behalf, the job title of each such
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`person(s), and the topic(s) on which each such person(s) will testify.
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`The deposition will commence on March 14, 2022, or a date to be mutually agreed by the
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`parties by remote deposition means if mutually agreed by the parties, or at such other location
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`mutually agreed upon by the parties. The deposition will take place pursuant to the Federal Rules
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`of Civil Procedure and applicable Local Rules of the United States District Court for the District
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`of Delaware before a qualified Notary Public or other officer duly authorized by law to administer
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`Case 1:19-cv-01410-MN Document 116 Filed 03/01/22 Page 2 of 17 PageID #: 2424
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`oaths, and will continue day to day, excluding weekends and holidays, until completed with such
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`adjournments as time and place that may be necessary. The deposition will be recorded by
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`stenographic means and will be audiotaped and/or videotaped.
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`VoiceBox reserves its rights to serve additional deposition topics on different subject matter
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`or based on its receipt of additional discovery and/or further investigation.
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`2
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`Case 1:19-cv-01410-MN Document 116 Filed 03/01/22 Page 3 of 17 PageID #: 2425
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`Dated: March 1, 2022
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`
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`WILSON SONSINI GOODRICH & ROSATI
`Professional Corporation
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`
`
`By: /s/ Ian R. Liston
`Ian R. Liston (Delaware Bar I.D. # 5507)
`Jennifer A. Ward (Delaware Bar I.D. # 6476)
`222 Delaware Avenue
`Suite 800
`Wilmington, DE 19801
`iliston@wsgr.com
`jward@wsgr.com
`Telephone: (302) 304-7600
`Facsimile: (866) 974-7329
`
`Edward G. Poplawski, admitted pro hac vice
`Erik J. Carlson, admitted pro hac vice
`Ryan S. Benyamin, admitted pro hac vice
`633 West Fifth Street, Suite 1550
`Los Angeles, CA 90071-2027
`epoplawski@wsgr.com
`ecarlson@wsgr.com
`rbenyamin@wsgr.com
`Telephone: (323) 210-2900
`Facsimile: (866) 974-7329
`
`James C. Yoon, admitted pro hac vice
`Ryan Smith, admitted pro hac vice
`650 Page Mill Road
`Palo Alto, CA 94304-1050
`jyoon@wsgr.com
`rsmith@wsgr.com
`Telephone: (650) 493-9300
`Facsimile: (650) 493-6811
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`Attorneys for VB Assets, LLC
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`3
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`Case 1:19-cv-01410-MN Document 116 Filed 03/01/22 Page 4 of 17 PageID #: 2426
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`SCHEDULE A
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` DEFINITIONS AND INSTRUCTIONS
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`1.
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`“Complaint” means the complaint filed July 29, 2019 as well as any amended or
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`supplemented version thereof, including the First Amended Complaint filed on October 9, 2019.
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`2.
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`“Action” means C.A. No. 19-1410 (MN) in the United States District Court for the
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`District of Delaware.
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`3.
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`“You,” “Your,” “Amazon,” or “Defendants” means Defendants Amazon.com, Inc.;
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`Amazon.com LLC; Amazon Web Services, Inc.; A2Z Development Center, Inc. d/b/a Lab126;
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`Rawles LLC; AMZN Mobile LLC; AMZN Mobile 2 LLC; Amazon.com Services, Inc. f/k/a
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`Amazon Fulfillment Services, Inc.; and Amazon Digital Services LLC, their predecessors and
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`successors, subsidiaries and related companies and its present and former officers, directors,
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`employees, agents, representatives, consultants, attorneys, accountants, entities they were formerly
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`known as, and others acting or purporting to act on its behalf or subject to its control.
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`4.
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`“VoiceBox Technologies” means VoiceBox Technologies Corporation and
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`VoiceBox Technologies, Inc. their predecessors and successors, subsidiaries and related companies
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`and its present and former officers, directors, employees, agents, representatives, consultants,
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`attorneys, accountants, entities they were formerly known as, and others acting or purporting to
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`act on its behalf or subject to its control.
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`5.
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`6.
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`7.
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`8.
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`9.
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`
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`“Plaintiff,” or “VoiceBox” means Plaintiff VB Assets, LLC.
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`“the ’681 Patent” refers to U.S. Patent No. 8,073,681.
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`“the ’049 Patent” refers to U.S. Patent No. 9,015,049.
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`“the ’703 Patent” refers to U.S. Patent No. 9,626,703.
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`“the ’176 Patent” refers to U.S. Patent No. 7,818,176.
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`10.
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`11.
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`12.
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`“the ’536 Patent” refers to U.S. Patent No. 8,886,536.
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`“the ’097 Patent” refers to U.S. Patent No. 9,269,097.
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` “VoiceBox Patents” collectively refers to the ’681 Patent, ’049 Patent, ’703 Patent,
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`’176 Patent, ’536 Patent, ’097 Patent, and any other patent VoiceBox asserts in this Action.
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`13.
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`The term “Related Patents/Applications” means any and all patents, patent
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`applications and/or patent publications that (i) claim priority from any of the VoiceBox Patents,
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`(ii) are identified as priority for any of the VoiceBox Patents, or (iii) claim priority to any
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`application to which any of the VoiceBox Patents claims priority.
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`14.
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`“Alexa Product” or “Alexa Products” collectively refers to Amazon’s Alexa virtual
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`assistant and offerings that include Alexa, including: the Echo product line (such as Echo 1st Gen.,
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`Echo 2nd Gen., Echo Dot 1st Gen., Echo Dot 2nd Gen., Echo Dot 3rd Gen., Echo Dot Kids Edition,
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`Echo Dot with Clock, Echo Studio, Echo Glow, Echo Flex, Echo Buds, Echo Wall Clock, Echo
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`Frames, Echo Loop, Echo Show 1st Gen., Echo Show 2nd Gen., Echo Show 5, Echo Show 8, Echo
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`Spot, Echo Plus 1st Gen., Echo Plus 2nd Gen., Echo Auto, and Echo Look); Amazon’s Alexa apps,
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`Music apps, and Shopping apps on a smartphone or other mobile device; Amazon’s Alexa cloud,
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`Alexa Voice Services, and Amazon.com website; and any other device, app, or instrumentality that
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`includes, provides access to, or works with Alexa (such as Amazon Tap, Amazon Dash Wand, Echo
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`Wall Clock, AmazonBasics Microwave, Amazon SmartPlug, Amazon Fire TV Sticks, Amazon
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`Fire TVs, Amazon Fire TV Cubes, and Amazon Fire and Fire HD tablets); Third-party products
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`that access Alexa, including Alexa built-in speakers, soundbars, audio/video receivers,
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`headphones, personal computers, automotive head units, car chargers, gadgets, smart toys, smart
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`clocks, and any other third-party device, app, or instrumentality that includes, provides access to,
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`or works with Alexa; Alexa Skills, Alexa Skills Store, Alexa Skills Kit (ASK) self-service APIs
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`2
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`and tools, Alexa Skill interaction models, and Skill Application Logics hosted by Alexa, AWS, or
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`another server; as well as software, hardware, and cloud infrastructure associated with any of the
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`foregoing. Alexa Products includes anything (e.g., products, services, or functionality) that
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`VoiceBox has accused of infringing one or more claims of the VoiceBox Patents, including those
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`identified as accused products in VoiceBox’s October 7, 2020 Initial Infringement Contentions.
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`15.
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`“Alexa Software” refers to the software, logic, algorithms, models, neural
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`networks, and training data that implement Amazon’s Alexa virtual assistant (including software
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`for use in or by Alexa Products).
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`16.
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`“Components of Alexa Software” refers to the software, logic, algorithms, models,
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`neural networks, and training data that implement the components of Amazon’s Alexa virtual
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`assistant, including the components Amazons refers to by the following names:
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`a. 1P Skills;
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`b. 3P Skills;
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`c. Anaphora Resolution or ARC;
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`d. ASR;
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`e. Candidate Providers;
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`f. Context Interpreter;
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`g. DeeSOS;
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`h. Dialog Management;
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`i. Dynamic Ranking & Arbitration;
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`j. Entity Resolution;
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`k. Event Handlers;
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`l. EVI;
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`3
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`Case 1:19-cv-01410-MN Document 116 Filed 03/01/22 Page 7 of 17 PageID #: 2429
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`m. HypRank;
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`n. ICE;
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`o. Intent Routing;
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`p. Ivona;
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`q. Macaw;
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`r. NLU;
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`s. Orchestrator;
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`t. PANDA;
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`u. Reranker;
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`v. Shortlister;
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`w. Skill Query;
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`x. Speechlet Engine;
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`y. Speechlets;
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`z. Skill Invocation Service; andb
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`aa. VANS.
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`17.
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`“Alexa Built In Device” or “Alexa Built In Devices” collectively refers to third
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`party offerings that include Alexa, including but not limited to the Sonos and Bose product lines.1
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`18.
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`“Product” means a machine, manufacture, apparatus, device,
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`instrument,
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`mechanism, appliance, program application or other collection of software, assemblage of
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`Components/parts (either individually or collectively), process or method which is designed to
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`1 Other offerings include those listed on Amazon’s web page titled “Alexa Built In Devices.”
`See https://www.amazon.com/b?ie=UTF8&node=15443147011.
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`4
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`Case 1:19-cv-01410-MN Document 116 Filed 03/01/22 Page 8 of 17 PageID #: 2430
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`function together electrically, mechanically, or otherwise, to achieve a particular function or
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`purpose, including those offered for sale, sold, or under development.
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`19.
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`“Component” means a constituent part of an assembly or system, including
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`subassemblies, devices, modules, software, servers, and network and cloud infrastructure.
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`20.
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`“Person” and “Persons” includes both natural Persons and entities, including all
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`predecessors in interest, groups, associations, partnerships, corporations, agencies, or any other
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`legal, business or governmental entity. The acts “of” a Person are defined to include the acts of
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`directors, officers, members, employees, agents, or attorneys acting on the Person’s behalf.
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`21.
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`“Thing” or “Things” has the meaning prescribed in Rule 34 of the Federal Rules of
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`Civil Procedure. “Thing” specifically includes, by way of example but not limitation, any disc,
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`tape, or other electronic media storage device, any Product and any model, prototype or
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`experimental device or part or assembly thereof.
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`22.
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`“Document” has the meaning prescribed in Rule 34 of the Federal Rules of Civil
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`Procedure. The term “Document” shall be interpreted in the broadest sense possible and includes
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`Documents in any form, including by way of example and without limitation, originals and copies
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`of letters, memoranda, notes, records, minutes, reports, notebooks, messages, telegrams, ledgers,
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`legal instruments, legal opinions to the extent that they are not protected by the attorney client
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`privilege or attorney work product doctrines, agreements, paper and electronic drawings,
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`specifications, purchase orders, circuit schematics, block diagrams, manuals, test procedures,
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`sketches, graphs, prints, rough drafts, secretarial notes, work pads, diaries, films, tapes,
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`photographs, computer disks and other electronic media, books, publications, advertisements,
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`literature, brochures, price lists, announcements, computer-based simulation tool input and output
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`files, or other writings or tangible objects whether stored, produced, or reproduced mechanically,
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`5
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`Case 1:19-cv-01410-MN Document 116 Filed 03/01/22 Page 9 of 17 PageID #: 2431
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`electrically, electronically, photographically or chemically. Any comment or notation appearing
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`in any Document, and not part of the original text, is to be considered a separate “Document.”
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`23.
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`“Communication” means any instance in which any Person has had contact with
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`any other Person, including by any oral or written utterance, question, comment, inquiry, notation,
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`or statement of any nature whatsoever, by and to whomever made, including, but not limited to,
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`any conversation, correspondence, agreement, note, e-mail, voicemail, or other transfer of
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`Information, whether written, oral, electronic, or by any other means, and including any Document
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`or other medium which abstracts, digests, records, incorporates, summarizes, describes or
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`transcribes any such Communication, or any subsequent review or discussion of such
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`Communication, whether occurring at meetings or otherwise.
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`24.
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`“Information” means and refers to Communications and Documents as those terms
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`are defined herein.
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`25.
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`“Date” means the exact day, month, and year if ascertainable, or if not, Your best
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`approximation thereof.
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`26.
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`As used herein, the terms “relate,” “refer,” or “concern” (including any conjugation
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`thereof) mean directly or indirectly concerning, regarding, evidencing, mentioning or describing,
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`pertaining to, reflecting, being connected with, comprising or constituting a subject matter.
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`27.
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`As used herein, the terms “each,” “any,” and “all” should be understood to include
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`“each and every, any, and all.”
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`28.
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`As used herein, the terms “and” and “or” should be understood either disjunctively
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`or conjunctively as necessary to bring within the scope of any request all responses that might
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`otherwise be construed to be outside of its scope.
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`6
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`Case 1:19-cv-01410-MN Document 116 Filed 03/01/22 Page 10 of 17 PageID #: 2432
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`29.
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`As used herein, the terms “include,” includes,” and “including” mean “include,
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`without limitation,” “includes, without limitation,” and “including, without limitation”
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`respectively.
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`30.
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`As used herein, use of a singular noun shall be construed to include the plural noun
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`and use of a plural noun shall be construed to include the singular noun; and the use of a verb in
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`any tense shall be construed as the use of that verb in all other tenses whenever necessary to bring
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`within the scope of the request that which might otherwise be construed to be outside its scope.
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`31.
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`32.
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`The use of the present tense includes the past tense and vice versa.
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`Each Topic should be construed independently and without reference to any other
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`Topic for the purposes of limitation.
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`33.
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`Each Topic shall be answered in its entirety. If You cannot answer a Topic in its
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`entirety, then You shall provide an answer to the extent possible with an explanation stating why a
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`complete answer is not available.
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`34.
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`If You have a good faith objection to any Topic or portion thereof, You shall state
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`the specific nature of the objection and whether the objection applies to the entire Topic or to a
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`part thereof. If You object to any part of a Topic, then You shall identify the part objected to and
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`shall respond to the remainder.
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`35.
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`These Topics shall be answered on the basis of Your entire knowledge from all
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`sources, after an appropriate good faith inquiry has been made and a search has been conducted.
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`36.
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`If You encounter any ambiguity in construing any Topic or any applicable definition
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`or instruction, You should set forth the matter deemed ambiguous and the construction selected or
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`used in responding to the request.
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`7
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`Case 1:19-cv-01410-MN Document 116 Filed 03/01/22 Page 11 of 17 PageID #: 2433
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`37.
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`If You withhold any information responsive to any Topic on the grounds of
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`attorney-client privilege, work product immunity, or any other privilege or immunity, You should
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`identify justification for the withholding (the nature of the privilege being claimed), and if the
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`privilege is being asserted in connection with a claim or defense governed by state law, when any
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`privilege is claimed, set forth the state privilege rule being invoked. For any privilege claimed,
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`You must describe the nature of the information, documents, communications, or things not
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`disclosed in a manner that will enable VoiceBox to access the applicability of the privilege or
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`protection.
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`8
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`Case 1:19-cv-01410-MN Document 116 Filed 03/01/22 Page 12 of 17 PageID #: 2434
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`DEPOSITION TOPICS
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`
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`Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, You shall designate one
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`or more officers, directors, or managing agents, or other persons who consent to testify on behalf
`
`with respect to the following matters:
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`14.
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`Balance sheets, income statements, cash flow, finances and/or financial analysis
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`related to the Accused Products including revenue, costs, profitability (or losses) and financial
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`projections and/or models.
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`15.
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`The sales and profits (loss) generated from the sale, distribution or licensing of the
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`Accused Products on a quarterly basis, including:
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`a.
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`b.
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`c.
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`The number of Accused Products sold, distributed or licensed;
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`The amount of each sale or license, including reoccurring licensing fees;
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`The itemized marginal cost for each Accused Product (including but not
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`limited to bill of materials (“BOM”) for Accused Products); and
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`d.
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`The itemized total cost to You for providing the Accused Products,
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`including but not limited to:
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`i.
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`The annual cost of research and development for each element of
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`the offerings associated with the Accused Products, including hardware
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`development and improvement, general software development and improvement,
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`and specific software development and improvement related to voice and/or voice
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`commerce;
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`ii.
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`iii.
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`iv.
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`The annual cost for hardware support;
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`The annual cost of software support;
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`The annual cost of support for third party users (such as Bang &
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`Olufsen, Bose, Denon, Polk, and Sonos) of Your software products associated
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`with the Accused Product offerings;
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`9
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`v.
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`Annual marketing and advertisement expense for Amazon branded
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`Accused Products; and
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`vi.
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`Annual marketing and advertisement expense for third party
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`branded products using or potentially using Your software products associated
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`with the Accused Product offerings;
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`16.
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`Your past and present projections for all sales, revenues, net profits, gross profits,
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`income and costs from the sale, license or distribution of the Accused Products.
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`17.
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`Your past and present projections and plans addressing the extent of distribution
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`of Your software products associated with the Accused Product offerings by third parties (such as
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`Bang & Olufsen, Belkin, Bose, Denon, Polk, and Sonos), including projected revenues or
`
`potential revenues and related costs of support.
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`18.
`
`Your accounting practices pertaining to the Accused Products, including
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`determining sales, revenues, net profits, gross profits, income, and costs including any methods
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`or procedures for allocating profits, allocating expenses, allocating depreciation, losses, and
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`assignment of debt.
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`19.
`
`The preparation, creation, maintenance and meaning of Your financial reports or
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`statements pertaining, or relating to, the Accused Products.
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`20.
`
`Any sales, revenues, net profits, gross profits, and income derived from any
`
`services relating to the Accused Products, including any professional services, training services,
`
`and maintenance services.
`
`21.
`
`The historical, current, and projected market share of and market demand for each
`
`Accused Product, including the product features responsible for market demand.
`
`22.
`
`The historical, current, and projected total market reach (Amazon’s voice service
`
`share of all available voice-enabled devices) of Your software products associated with the
`
`Accused Product offerings.
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`23.
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`Policies and practices considered for increasing market share and/or market reach
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`of the Accused Products.
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`10
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`24.
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`All facts and circumstances relating to all actual or proposed agreements or
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`licenses concerning the manufacture, distribution, marketing, or sale of any Accused Product,
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`including any indemnification for infringement of any Patent-in-Suit or defense against
`
`allegations of infringement.
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`25.
`
`26.
`
`All facts and circumstances relating to your first awareness of each Patent-in-Suit.
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`All attempts by Defendants to design around the claimed subject matter disclosed
`
`in any Patent-in-Suit.
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`27.
`
`Any assessment of the expected impact of adding enhanced speech recognition or
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`voice commerce related functionality to Accused Products or predecessors of Accused Products.
`
`28.
`
`Any assessment of the expected impact of removing enhanced speech recognition
`
`or voice commerce related functionality included in Accused Products.
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`29.
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`Efforts in the past to contract with or evaluate contracting with third parties for
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`development or enhancement of Accused Products or predecessors of Accused Products.
`
`30.
`
`Your sales, licensing and/or distribution of the Accused Products, including any
`
`agreements and communications relating to any sale channels and distribution channels for the
`
`Accused Products.
`
`31.
`
`Your negotiations with third party users/distributors of software associated with
`
`the Accused Products, including but not limited to efforts to add third parties (such as Bang &
`
`Olufsen, Belkin, Bose, Denon, Polk, and Sonos) as distributors, or to establish exclusive
`
`software relationships with such third parties.
`
`32.
`
`Your negotiations with third party users/distributors of software associated with
`
`the Accused Products over pricing, potential pricing, cost of support, and the potential to
`
`terminate the supply and support relationship.
`
`33.
`
`Your policy for pricing products or services related to the Accused Products,
`
`including Your justification for the profit margin (positive or negative) that corresponds with or
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`is expected to correspond with such pricing.
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`Case 1:19-cv-01410-MN Document 116 Filed 03/01/22 Page 15 of 17 PageID #: 2437
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`34.
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`Assessment and analysis of Your product revenue and/or profits from voice
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`commerce associated with the Accused Products.
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`35.
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`Assessment and analysis of Your product revenue and/or profits from voice
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`commerce associated with third party products utilizing the software associated with the Accused
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`Products.
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`36.
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`Assessments of enhanced revenues and/or profits from voice commerce
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`associated with enhancements in the voice capabilities of Accused Products.
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`37.
`
`All marketing and promotion relating to any Accused Product, including: (a) sales
`
`and marketing strategies; (b) development of sales and marketing materials, including
`
`advertising and promotional campaigns; (c) content of sales and marketing materials; (d) sales
`
`forecasts and financial projections; and (e) market share analyses, reports, or surveys.
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`38.
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`Non-privileged communications with third-parties, including customers,
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`regarding this Action.
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`39.
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`Non-privileged communications with third-parties, including actual or potential
`
`customers, regarding the Accused Products, including any feedback that You received regarding
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`the design and operation of the Accused Products.
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`40.
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`All information and communications concerning indemnification of any customer
`
`or user of the Accused Products, including without limitation any indemnification (or refund)
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`requests made in association with this Action.
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`41.
`
`All prospective customers that You have contacted, attempted to contact, or
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`targeted to pitch, sell, and/or license regarding the Accused Products.
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`42.
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`All prospective partners or potential partners that You have contacted, attempted
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`to contact, or targeted to pitch, sell, and/or license regarding the Accused Products
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`43.
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`Your customers for the Accused Products, including a description of Your
`
`relationship with each of these customers.
`
`44.
`
`Your definition of the market, or markets, into which You sell or license, and/or
`
`offer to sell or license the Accused Products.
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`
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`12
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`Case 1:19-cv-01410-MN Document 116 Filed 03/01/22 Page 16 of 17 PageID #: 2438
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`45.
`
`46.
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`Your market share for markets that relate to the Accused Products.
`
`Your competitors and potential competitors with respect to the Accused Products,
`
`including the identity of Your competitors’ products that compete with Your products.
`
`47.
`
`48.
`
`Your competitors, either actual or potential, for Your top 12 customers.
`
`The competition You faced for supplying Best Buy, Walmart, Target or any top
`
`twelve customers.
`
`49.
`
`Your policies or practices associated with access provided by You to Your
`
`competitors’ to Your controlled distribution channels, including but not limited to Your
`
`requirements, if any, that Your competitors’ products utilize Your software associated with the
`
`Accused Products.
`
`50.
`
`Consumer and/or market demand (and/or the lack thereof) for the Accused
`
`Products.
`
`51.
`
`52.
`
`53.
`
`Consumer reaction, both positive and negative to the Accused Products.
`
`Any product features that drive demand for the Accused Products.
`
`Your policies and practices of purchasing, licensing, or obtaining any patented or
`
`proprietary technology and software for use with the Accused Products, including any methods
`
`of valuation or financial analysis of such actions.
`
`54.
`
`Negotiations and communications regarding potential company acquisitions
`
`and/or other asset transfers involving technologies similar to the Accused Products.
`
`55.
`
`56.
`
`Your history of patent purchases and offers to purchase patents.
`
`Any process or procedure You have for evaluating patents or proprietary
`
`technology licenses.
`
`57.
`
`The identity of all of Your patents which you contend are embodied (or otherwise
`
`utilized) by the Accused Products and all supporting evidence.
`
`58.
`
`License rights (implicit or otherwise) You provide to third parties relating to Your
`
`patents which you contend are embodied (or otherwise utilized) by such third parties’ devices
`
`
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`13
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`Case 1:19-cv-01410-MN Document 116 Filed 03/01/22 Page 17 of 17 PageID #: 2439
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`
`using software associated with Accused Products, and limitations associated with such license
`
`rights, including Your right to terminate such rights.
`
`59.
`
`All patent licenses to which You are or were a party that concern the Accused
`
`Products, including, but not limited to, the terms of the licenses.
`
`60.
`
`All patent license negotiations, with any party, in which You have participated
`
`concerning the Accused Products.
`
`61.
`
`The factual bases for Your contentions concerning a reasonable royalty that You
`
`believe would be an appropriate measure of damages if You are found to have infringed any of
`
`the Asserted Patents, including but not limited to:
`
`a.
`
`Any established royalty or ranges of royalty rates that You contend apply
`
`to the field of technology of the Asserted Patents;
`
`b.
`
`Calculation of a reasonable royalty for the patented technology falling
`
`within the scope of the Asserted Patents; and
`
`c.
`
`Any factors involved in such a calculation.
`
`62.
`
`Past consideration by You regarding contracting for development services from
`
`other developers of voice commerce services or licensing products or technology from other
`
`developers of voice commerce products or technologies.
`
`63.
`
`The factual bases for Your contentions concerning any lost profits that You
`
`believe would be an appropriate measure of damages if You are found to have infringed any of
`
`the Asserted Patents.
`
`64.
`
`65.
`
`66.
`
`Your responses to any interrogatories served in this Action.
`
`Any marketing or promotional literature relating to the Accused Products.
`
`The identity and location of persons most knowledgeable about each of the
`
`foregoing topics.
`
`67.
`
`The identity and location of documents concerning each of the foregoing topics.
`
`
`
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`14
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