Case 1:22-cv-00304-JLH Document 238 Filed 07/17/24 Page 1 of 25 PageID #: 9894
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`ROBOCAST, INC.,
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`Plaintiff ,
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`v.
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`YOUTUBE, LLC and GOOGLE LLC,
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`Defendants.
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`C.A. No. 1:22-cv-00304-JLH
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`JURY TRIAL DEMANDED
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`PLAINTIFF ROBOCAST, INC.’S NOTICE OF 30(B)(6) DEPOSITION OF
`YOUTUBE, LLC AND GOOGLE LLC
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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, Plaintiff Robocast, Inc. (“Robocast”) by and through its attorneys, will take the
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`deposition upon oral examination of one or more officers, directors, agents, employees or other
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`persons designated by Defendants YouTube, LLC and/or Google LLC (“Defendants”) with
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`respect to the deposition topics set forth in Schedule A. Defendants are requested to identify
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`each person so designated and to set forth the matters on which that person will testify at least
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`five (5) days before the deposition The deposition will commence at a time, date, and location
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`mutually agreeable to the parties, and will continue each business day until completed or
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`adjourned, in accordance with the Federal Rules of Civil Procedure. The deposition will take
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`place at a location mutually agreed upon in writing by counsel for both parties, or remotely by
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`videoconference. The deposition will be taken before an authorized court reporter, will be
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`recorded by stenographic means, and may be videotaped, and will continue from day to day
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`until completed.
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`[PUBLIC VERSION]
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`Case 1:22-cv-00304-JLH Document 238 Filed 07/17/24 Page 2 of 25 PageID #: 9895
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`Pursuant to Federal Rule of Civil Procedure 30(b)(6), deponents YouTube and Google
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`are obligated to designate one or more of its officers, directors, or managing agents or other
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`persons who consent to testify on its behalf as to matters known or reasonably available to
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`Defendants concerning the matters set forth in the Deposition Topics.
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` BAYARD, P.A.
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`/s/ Ronald P. Golden III
`Stephen B. Brauerman (#4952)
`Ronald P. Golden III (#6254)
`600 N. King Street, Suite 400
`Wilmington, DE 19801
`Tel.: (302) 655-5000
`Fax: (302) 658-6395
`sbrauerman@bayardlaw.com
`rgolden@bayardlaw.com
`Attorneys for Robocast, Inc
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`Dated: June 21, 2024
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`HENSCHKELAW, PLLC
`Marc Henschke
`77 Spring Road
`Concord, MA 01742
`Tel.: (617) 686-0646
`marc.henschke@henschkelaw.com
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`MCKOOL SMITH, P.C.
`Steven Rizzi (pro hac vice)
`Mariel Talmage (pro hac vice)
`Grant Johnson (pro hac vice)
`1301 Avenue of the Americas 32nd Floor
`New York, NY 10019
`Tel.: (212) 402-9400
`srizzi@McKoolSmith.com
`mtalmage@McKoolSmith.com
`gjohnson@McKoolSmith.com
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`Ramy E. Hanna (DE Bar Id# 5494)
`600 Travis Street Suite 7000
`Houston, Texas 77002
`Tel: (713) 485-7344
`rhanna@McKoolSmith.com
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`Casey L. Shomaker (pro hac vice)
`Samuel L. Moore (pro hac vice)
`Steven Udick (pro hac vice)
`Joseph Micheli (pro hac vice)
`300 Crescent Court Suite 1500
`Dallas, Texas 75201
`Tel: (214) 978-4000
`Fax: (214) 978-4044
`cshomaker@McKoolSmith.com
`smoore@McKoolSmith.com
`sudick@McKoolSmith.com
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`Case 1:22-cv-00304-JLH Document 238 Filed 07/17/24 Page 3 of 25 PageID #: 9896
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`jmicheli@McKoolSmith.com
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`Case 1:22-cv-00304-JLH Document 238 Filed 07/17/24 Page 4 of 25 PageID #: 9897
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`SCHEDULE A
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`DEFINITIONS
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`1.
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`The term “Action” as used herein shall mean the above-captioned action,
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`Robocast Inc. v. YouTube, LLC and Google, LLC, No. 1:22-cv-00304 (D. Del.).
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`2.
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`The term “Accused Functionalities” as used herein shall mean Defendants’
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`functionalities accused of infringement during the Infringement Period in Robocast’s Complaint
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`and/or in Robocast’s Infringement Contentions. For example, the Accused Functionalities
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`include YouTube’s Video Playlists hosted by the YouTube Internet Platform, including (i)
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`Autoplay playlists; (ii) YouTube Mix playlists; (iii) User-Created playlists; and (iv) any other
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`static or dynamic automated video playlists hosted or provided by the YouTube Internet Platform
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`which can have playback their videos automatically in sequential order one after the other
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`without requiring ongoing directive input from a User beyond (at most) a single initial click that
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`serves to commence the playlist. Moreover, any additional products or functionalities identified
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`by Plaintiff in any version(s) of the Infringement Contentions are within the meaning of the term
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`as of the date that such Infringement Contentions are served on Defendants.
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`3.
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`The term “Complaint” as used herein shall mean Robocast’s “Complaint” filed in
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`this action on March 7, 2022.
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`4.
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`The term “Answer” as used herein shall mean Defendants’ “Answer To Plaintiff
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`Robocast, Inc.’s Complaint For Patent Infringement” filed in this action on December 5, 2022.
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`5.
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`The term “Infringement Period” as used herein shall mean the time period
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`beginning on March 7, 2016 and ending on August 9, 2020.
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`6.
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`The term “Infringement Contentions” as used herein shall mean, collectively, the
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`allegations of patent infringement that Robocast has made or will make against Defendants in
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`Case 1:22-cv-00304-JLH Document 238 Filed 07/17/24 Page 5 of 25 PageID #: 9898
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`this action under any of the asserted claims of the Patents-In-Suit, or under any additional
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`patent(s) to be asserted in this action in the future, including the allegations of patent
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`infringement presently set forth in Robocast’s Initial Infringement Contention Claim Charts
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`served on May 25, 2023, and the allegations of patent infringement to be set forth by Robocast in
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`the future in any revised, updated, or supplanting version of said claim charts, and in any of
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`Robocast’s expert reports and expert testimony on infringement.
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`7.
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`The term “Hypothetical Negotiation Period” means any time period identified by
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`YouTube or Plaintiff as the alleged time frame for the hypothetical negotiation under Georgia-
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`Pacific Corp. v. United States Plywood Corp., 318 F. Supp. 1116 (S.D.N.Y. 1970)
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`8.
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`The term “Invalidity Contentions” as used herein shall mean, collectively, the
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`assertions of patent invalidity that Defendants have made or will make against Robocast in this
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`action in relation to any of the asserted claims of the Patents-In-Suit, or under any additional
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`patent(s) to be asserted in this action in the future, including the assertions of patent invalidity
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`presently set forth in Defendants’ Initial Invalidity Contentions served on July 6, 2023, and the
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`assertions of patent invalidity to be set forth by Defendants in the future in any revised, updated,
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`or supplanting version of said Contentions, and in any of Defendants’ expert reports and expert
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`testimony on patent invalidity.
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`9.
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`The term “Prior Art” as used herein shall mean all documents, activities, and
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`products that constitute, describe, suggest, disclose, anticipate, render obvious, refer to, or relate
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`to the subject matter described or claimed in any of the Patents-in-Suit before the filing date of
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`any of said patents, including those categories of information set forth in 35 U.S.C. §§ 102 and
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`103, and including any English translations of any parts of any foreign language Prior Art
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`Case 1:22-cv-00304-JLH Document 238 Filed 07/17/24 Page 6 of 25 PageID #: 9899
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`10.
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`The term “YouTube Internet Platform” as used herein shall mean YouTube’s
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`video hosting Internet platform found, for example, at the www.youtube.com website, including
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`the underlying computer server platform and systems responsible for publishing that website and
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`supplying any of its functionality.
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`11.
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`The term “User(s)” as used herein shall mean those end-user(s) in the United
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`States during the Infringement Period of computers such as desktop or laptop PCs, smartphone
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`or tablet mobile device, or smart TVs that included web browsers or YouTube apps for
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`interacting online with the YouTube Internet Platform so as to enable said end-user(s) to
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`consume YouTube’s digital content, including by watching its videos.
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`12.
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`The term “Video Playlists” as used herein shall mean the sets or collections of
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`different videos hosted by the YouTube Internet Platform that playback their videos
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`automatically in sequential order one after the other without requiring ongoing directive input
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`from a User beyond (at most) a single initial click that serves to commence the playlist. As such,
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`these Video Playlists are intended to include YouTube’s so-called (Watch Next) Autoplay
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`playlists (aka, “autoplav”), Mix playlists, User-Created playlists, and any other static or dynamic
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`video playlists hosted by the YouTube Internet Platform that operate in this described manner
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`such as those identified, for example, in GOOG-ROBOCAST-SC-00000397-400.
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`13.
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`The terms “Communication” or “communications” as used herein shall mean any
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`written, verbal, or other transmission of fact, information, ideas or opinion, including, but not
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`limited to, any utterance, notation, question, command, interjection, expression, gesture,
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`suggestive conduct or statement of any nature whatsoever, any conversation (whether by
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`telephone or otherwise), and any meeting and also including, but not limited to, correspondence,
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`financial records, corporate records, reports, and documents.
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`Case 1:22-cv-00304-JLH Document 238 Filed 07/17/24 Page 7 of 25 PageID #: 9900
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`14.
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`The terms “Concerning” or “relating to” as used herein shall mean referring to,
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`concerning, mentioning, reflecting, summarizing, evidencing, involving, describing, discussing,
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`showing, pertaining to, responding to, supporting, contradicting, constituting, consisting,
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`containing, comprising, composing, embodying, or commenting on, in whole or in part.
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`15.
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`The term “YouTube” as used herein shall mean, individually and collectively,
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`YouTube LLC, its parent companies, subsidiaries, predecessors, successors, affiliates, other
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`related business entities, assigns, joint venturers, partners, principals, directors, officers,
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`employees, attorneys, accountants, representatives, consultants, and all other persons or entities
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`acting on behalf of YouTube, LLC including, but not limited to, any of the “YouTube
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`Properties” as that phrase is used in the public Form 10-K financial filings made with the US
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`Securities and Exchange Commission by Alphabet Inc.
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`16.
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`The term “Google” as used herein shall mean, individually and collectively,
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`Google LLC, its parent companies, subsidiaries, predecessors, successors, affiliates, other related
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`business entities, assigns, joint venturers, partners, principals, directors, officers, employees,
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`attorneys, accountants, representatives, consultants, and all other persons or entities acting on
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`behalf of Google LLC.
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`17.
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`The terms “Defendants,” “you,” and “your” as used herein shall mean,
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`collectively, YouTube and Google.
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`18.
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`The terms “Document” or “documents” are used herein in their broadest sense as
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`set forth in the Federal Rules of Civil Procedure. These words mean and include all written,
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`printed, typed, recorded, or graphic matter of every kind and description, both originals and
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`copies, and all attachments and appendices, within Your possession, custody, or control. Without
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`limiting the foregoing, the terms “document” and “documents” shall include all agreements,
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`Case 1:22-cv-00304-JLH Document 238 Filed 07/17/24 Page 8 of 25 PageID #: 9901
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`contracts, communications, correspondence, facsimile, letters, opinion letters, telegrams,
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`telefaxes, messages, memoranda, records, reports, books, summaries or other records of
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`telephone conversations or interviews, summaries or other records of personal conversations or
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`interviews, minutes, summaries, other records of meetings and conferences, statements obtained
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`from witnesses, summaries or other records of negotiations, other summaries, diaries, diary
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`entries, calendars, appointment books, time records, instructions, work assignments, forecasts,
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`progress reports, statistical data, statistical statements, financial statements, work sheets, work
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`papers, drafts, graphs, charts, tables, accounts, analytical records, consultants’ and experts’
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`reports appraisals, bulletins, notes, notices, marginal notations, notebooks, telephone records,
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`bills, statements, records of obligation and expenditure, invoices, lists, journals, printouts,
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`compilations, tabulations, analyses, studies, surveys, expense reports, microfilm, microfiche,
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`tape or disc recordings, sound recordings, video recordings, film, tape, photographs, programs,
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`electronic mail (“e-mail”) and data compilations from which information can be obtained
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`(including matter used in data processing), and other printed, written, handwritten, typewritten,
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`recorded, stenographic, computer-generated, computer-stored, or electronically stored matter,
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`however and by whomever produced, prepared, reproduced, disseminated, or made. The words
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`“document” and “documents” also include all copies of documents by whatever means made,
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`except that where a document is produced, identical copies of it that do not contain any
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`markings, additions, or deletions that are different from the original do not have to be separately
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`produced.
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`19.
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`The term “Entity” as used herein shall mean all types and kinds of business or
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`other entities, including, but not limited to, corporations, partnerships, joint ventures,
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`associations, and sole proprietorships.
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`Case 1:22-cv-00304-JLH Document 238 Filed 07/17/24 Page 9 of 25 PageID #: 9902
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`20.
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`The terms “Identification,” “identify,” “identity,” or “identifying” when used in
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`reference to:
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`•
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`a natural person, shall mean: to state, to the extent known, (1) the person’s full name
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`or title, last known address, e-mail address, and telephone number; (2) the person’s
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`present employer(s) and place(s) of employment; and (3) the person’s job title or
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`position held;
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`•
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`•
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`an entity, other than a natural person, shall mean: to state, to the extent known, (1) the
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`name or title of the entity; (2) the type of entity; and (3) the present or last known
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`address and telephone number of its business and/or organizational offices;
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`a document, shall mean: to identify the document by (1) its date, author, and
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`addressee(s); (2) state the type of document (e.g., letter, memorandum, etc.); (3)
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`identify its present location and identity of its custodian; and (4) identify the
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`document by its Bates number range;
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`•
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`a statement, either written or spoken, shall mean: (1) the substance of each such
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`statement; (2) the exact words used by each person participating in the statement; (3)
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`to identify each person engaging in the statement; (4) the identity of each person
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`present at the making or reception of such statement; (5) the time and place of the
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`statement; (6) the means of such statement (e.g., written, telephone, face-to-face, etc.).
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`21.
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`22.
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`The term “Including” as used herein shall mean including, but not limited to.
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`The terms “Infringe” and “infringement” as used herein should be understood to
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`include direct infringement, indirect infringement, literal infringement, infringement by the
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`doctrine of equivalents and willful infringement.
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`23.
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`The term “Patents-in-Suit” as used herein shall mean, collectively, U.S. Patent
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`Case 1:22-cv-00304-JLH Document 238 Filed 07/17/24 Page 10 of 25 PageID #: 9903
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`Nos. 7,155,451 (the “’451 Patent”), 8,606,819 (the “’819 Patent”), and 8,965,932 (the “’932
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`Patent”).
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`24.
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`The term “Parties” as used herein shall mean “Plaintiff” and “Defendants” as
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`defined herein. The term “Person” as used herein shall mean all natural persons, male or female,
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`and all types and kinds of business or other entities, including, but not limited to, corporations,
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`partnerships, joint ventures, associations, and sole proprietorships and any reference to an
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`individual person, either singularly or as part of a defined group, including that person’s
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`employees, agents, legal representatives, non-legal representatives, personal representatives,
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`attorneys, heirs, successors, assigns, and any other person or entity acting on the behalf of such
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`individual person.
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`25.
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`The term “Related Patent” as used herein shall mean any parent application or
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`patent issuing thereon, any continuation application or patent issuing thereon, any continuation-
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`in-part application or patent issuing thereon, any divisional application or patent issuing thereon,
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`any related reissue or reexamination, or any foreign counterpart to the Patents-in-Suit, including
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`U.S. Patent Application No. 08/922,063 and any publication thereof.
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`26.
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`The terms “Robocast” or “Plaintiff” as used herein shall mean Robocast, Inc.,
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`together with its successors, predecessors, divisions, wholly or partially owned subsidiaries,
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`domestic or foreign parents, affiliates, partnerships, and joint ventures, and any and all past and
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`present officers, directors, employees, agents, representatives, and any other persons acting on its
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`behalf and its affiliates, subsidiaries, parents, assigns, predecessors and successors in interest.
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`27.
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`The term “Third party” as used herein shall mean any natural person, corporation,
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`partnership, association, joint venture, government body, or other legal entity other than
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`Plaintiffs and Defendants.
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`Case 1:22-cv-00304-JLH Document 238 Filed 07/17/24 Page 11 of 25 PageID #: 9904
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`INSTRUCTIONS
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`1.
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`Defendants are requested to identify each person designated to testify with respect
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`to the below Topics and to set forth the matters on which that person will testify at least five (5)
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`days before the deposition.
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`2.
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`For each Topic listed below, the designated witness should be prepared to provide
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`testimony concerning and to explain the meaning of Documents produced by You that relate to
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`the Topic.
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`3.
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`Whenever appropriate, the singular form of a word shall be interpreted in the
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`plural or vice versa; verb tenses shall be interpreted to include past, present, and future tenses;
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`and the terms “and” as well as “or” shall be construed either conjunctively or disjunctively, as
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`necessary to bring within the scope of these Topics any subject matter that might otherwise be
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`considered outside their purview.
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`4.
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`For each Topic listed below, the relevant time period is from 2013-2020 unless
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`otherwise stated.
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`DEPOSITION TOPICS
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`1.
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`Whether, how, why, or to what extent the Accused Functionalities actually or
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`potentially benefit Defendants.
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`2.
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`Whether, how, why, or to what extent advertisers consider the Accused
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`Functionalities to actually or potentially be desirable, beneficial, advantageous, or valuable
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`features of the YouTube Internet Platform.
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`3.
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`Whether, how, why, or to what extent the Accused Functionalities actually or
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`potentially benefit content creators or content providers on the YouTube Internet Platform.
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`4.
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`Whether, how, why, or to what extent content creators or providers consider the
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`Case 1:22-cv-00304-JLH Document 238 Filed 07/17/24 Page 12 of 25 PageID #: 9905
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`Accused Functionalities to be actually or potentially beneficial.
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`5.
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`Whether, how, why, or to what extent YouTube or its advertisers consider
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`providing Video Playlists as part of the search results responsive to Users’ on-line search
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`requests to actually or potentially be a desirable, beneficial, advantageous, or valuable feature
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`of the YouTube Internet Platform.
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`6.
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`Feedback or other commentary that Defendants have obtained or received from
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`Users, whether directly or indirectly, that pertains to the Accused Functionalities, including but
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`not limited to: i) feedback or other commentary related to if, whether, how, why, or to what
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`extent Users consider Video Playlists to actually or potentially be desirable, beneficial,
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`advantageous, or valuable features of the YouTube Internet Platform; ii).surveys taken of Users,
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`and/or Users’ responses thereto, that pertain in whole or in part to actual or potential Video
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`Playlists features present on the YouTube Internet Platform.; and iii) feedback or other
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`commentary related to the issues of if, whether, how, why, or to what extent Video Playlists
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`features contribute to the actual, potential, or perceived quality of Users’ experiences in
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`utilizing the YouTube Internet Platform.
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`7.
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`Any actual or potential decision made by or on behalf of Defendants about
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`whether or how much to promote or advertise the Accused Functionalities as part of
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`Defendants’ advertising, marketing, or promotional materials to Users or advertisers, including
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`any consideration given to alternatively promoting or advertising other features or functionality
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`of the Accused Functionalities.
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`8.
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`Defendants’ current corporate structure and organization including business
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`units, divisions, affiliates, and/or subsidiaries involve with the design, development, marketing,
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`Case 1:22-cv-00304-JLH Document 238 Filed 07/17/24 Page 13 of 25 PageID #: 9906
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`distribution, licensing sale, and/or support of the Accused Functionalities and the roles and
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`responsibilities of each such business unit, division, affiliate, and/or subsidiary.
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`9.
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`Defendants’ financials, including: (i) total gross and net revenues generated by or
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`in association with the YouTube Internet Platform; (ii) costs of related goods or services sold;
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`(iii) actual total cost or variances from standard cost; (iv) gross profits; and (v) all costs other
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`than standard costs including, but not limited to, selling, general, and administrative expenses,
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`and any allocation of those expenses to the Accused Functionalities.
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`10.
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`The costs and profits associated with each Accused Functionality, including: i)
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`fixed and variable costs of production; b) engineering, research and/or development costs c)
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`revenues, and net and gross profitability for each Accused Functionality; and d) the
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`methodology used to compute costs, sales, revenues, and profitability values.
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`11. Whether, how, why, or to what extent the ability to create, save, and/or share
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`User-Created Video Playlists causes, motivates, or encourages Users to become registered
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`account holders with the YouTube Internet Platform.
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`12. Whether, how, why, or to what extent the Accused Functionalities actually or
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`potentially contribute to or result in YouTube’s generation of paid subscription revenues from
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`services such as YouTube Premium, YouTube TV, or YouTube Music, including whether,
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`how, why, or to what extent the Accused Functionalities actually or potentially drive, foster,
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`contribute to, cause, or influence the decisions made by Users to subscribe to any YouTube
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`paid services such as YouTube Premium, YouTube TV, and YouTube Music.
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`13.
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`Revenue projections or forecasts associated with the launch of any paid
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`subscription service, including but not limited to YouTube Premium, YouTube TV, and
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`Case 1:22-cv-00304-JLH Document 238 Filed 07/17/24 Page 14 of 25 PageID #: 9907
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`YouTube Music.
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`14.
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`Defendants’
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` from 2013-2020, including i)
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`identification of Defendants’
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` ii) how Defendants determined which metrics are
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`iii) the relative value and/or importance of any
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`; and iv)
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`changes to
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` over time.
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`15.
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`Facts and circumstances concerning analytics tracked by Defendants for Video
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`Playlists across YouTube Properties.
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`16.
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`Facts and circumstances concerning advertising revenues YouTube earned from
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`advertisements that were presented in association with videos that were being viewed by Users
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`in a playlist context.
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`17.
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`Facts and circumstances concerning information pertaining to the Accused
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`Functionalities that YouTube provides to actual or potential advertisers in an effort to
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`encourage, attract, persuade, or convince them to place advertisements on the YouTube Internet
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`Platform.
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`18.
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`Tracked analytics metrics relating to Video Playlists usage, including but not
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`limited to (i) the total number of unique hosted playlists; (ii) the number of daily average hours
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`of playlist watch time; (iii) the number of daily average playlist starts; (iv) the number of daily
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`average playlist views; (v) the number of daily average playlist users; (vi) the number of daily
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`average engaged playlist users; (vii) the number of times per second that playlists were
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`surfaced; (viii) playlist watch time as a percentage of overall YouTube watch time; and (ix)
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`playlist views as a percentage of overall YouTube views
`
`19.
`
`Tracked analytics metrics relating to mobile device Video Playlists usage,
`
`
`
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`including but not limited to (i) the number of daily average hours of mobile playlist watch time;
`
`(ii) the number of daily average mobile playlist starts; (iii) the number of daily average mobile
`
`playlist views; (iv) the number of daily average mobile playlist users; (v) the number of daily
`
`average mobile engaged playlist users; (vi) the number of times per second that playlists were
`
`surfaced to mobile Users; (vii) mobile playlist watch time as a percentage of overall YouTube
`
`mobile watch time; and (viii) mobile playlist views as a percentage of overall YouTube mobile
`
`views.
`
`20.
`
`Tracked analytics metrics relating to Video Playlists usage by subscribers to
`
`YouTube subscription based products, including but not limited to (i) the number of daily
`
`average hours of subscriber playlist watch time; (ii) the number of daily average subscriber
`
`playlist starts; (iii) the number of daily average subscriber playlist views; (iv) the number of
`
`daily average subscriber playlist Users; (v) the number of daily average subscriber engaged
`
`playlist Users; (vi) the number of times per second that playlists were surfaced to subscribers;
`
`(vii) subscriber playlist watch time as a percentage of overall YouTube subscriber watch time;
`
`and (viii) subscriber playlist views as a percentage of overall YouTube subscriber views.
`
`21.
`
`Gross advertising revenues earned by YouTube from advertisements presented
`
`in association with videos viewed by Users in a playlist context.
`
`22.
`
`Tracked analytics metrics relating to usage of Video Playlists comprising music
`
`videos, including but not limited to (i) music video watch time as a percentage of overall
`
`YouTube watch time; (ii) watch time for music videos viewed in a playlist context as a
`
`percentage of music video watch time; (iii) Youtube Music app watch time as a percentage of
`
`overall YouTube watch time; (iv) YouTube Music app watch time as a percentage of music
`
`video watch time; (v) watch time for music videos viewed in a playlist context as a percentage
`
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`of YouTube Music app watch time.
`
`23.
`
`The development of the Accused Functionalities, including Defendants’ reasons
`
`to include the Accused Functionalities as part of the YouTube Internet Platform.
`
`24.
`
`The functionality, manner of operation, performance, capabilities, and/or
`
`embodying structures of the YouTube Internet Platform and the Accused Functionalities.
`
`25. The components that comprised the YouTube Internet Platform including, but
`
`not
`
`limited
`
`to,
`
`its computer servers or other computer systems,
`
`its databases,
`
`its
`
`communications or content delivery networks, and any other components of relevance to the
`provision or operation of its hosted Video Playlists.
`
`26.
`
`The types or categories of Video Playlists that were hosted by YouTube Internet
`
`Platform, whether those Video Playlists were static or dynamic in nature.
`
`27.
`
`The time at which each type of Video Playlist, including but not limited to (i)
`
`Autoplay/ Watch Next playlists; (ii) YouTube Mix playlists; and (iii) User-Created playlists
`
`was first made available on the YouTube Internet Platform.
`
`28.
`
`Revenue projections and/or forecasts from the time each Video Playlist was
`
`made available on the YouTube Internet Platform.
`
`29.
`
`Standard types of communications or interactions that ordinarily occurred
`
`between the YouTube Internet Platform on the one hand, and Users’ computers on the other
`
`hand, in connection with the provision or operation of the Video Playlists hosted by the
`
`YouTube Internet Platform.
`
`30.
`
`Standard types of instructions or sets of instructions that were ordinarily
`
`provided by the YouTube Internet Platform to Users’ computers in connection with the
`
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`provision or operation of the Video Playlists hosted by the YouTube Internet Platform.
`
`31.
`
`The types or categories of advertising content that were delivered or presented
`
`on Users’ computers via, in association with, and/or in conjunction with the Video Playlists
`
`hosted by the YouTube Internet Platform, and how such advertising content was delivered or
`
`presented on Users’ computers via, in association with, and/or in conjunction with the Video
`
`Playlists hosted by the YouTube Internet Platform.
`
`32.
`
`The details of when, whether, how, and to what extent the YouTube Internet
`
`Platform caused advertising content, or resource identifiers for advertising content, to be
`
`interspersed within its hosted Video Playlists.
`
`33.
`
`How the YouTube Internet Platform caused the playback or presentation of
`
`advertising content to be integrated or coordinated with the playback or presentation of videos,
`
`thumbnail images, and/or other video metadata in connection with the provision or operation of
`
`its hosted Video Playlists.
`
`34.
`
`The functionality, manner of operation, performance, capabilities, and/or
`
`embodying structures of any user profile features that the YouTube Internet Platform provided,
`
`hosted, or maintained with respect to particular Users or particular groups of Users.
`
`35. When, whether, how, and to what extent the YouTube Internet Platform
`
`generated, delivered, and/or presented targeted advertising content to particular Users or groups
`
`of Users based, in whole or in part, upon information contained in their respective user profiles
`
`in connection with the provision or operation of its hosted Video Playlists, including but not
`
`limited to user profile information reflective of Users’ past activities or interactions involving
`
`the YouTube Internet Platform.
`
`
`
`
`
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`36.
`
`The types or categories of YouTube apps capable of interacting with the
`
`YouTube Internet Platform that Defendants provided for downloading by Users, or that
`
`Defendants preloaded or caused or permitted to be preloaded on products sold to Users, and
`
`details of the functionality, manner of operation, performance, capabilities, and/or embodying
`
`structures of such YouTube apps insofar as they related to the provision or operation of the
`
`Video Playlists hosted by the YouTube Internet Platform.
`
`37.
`
`The functionality, manner of operation, performance, capabilities, and/or
`
`embodying structures of any features of the YouTube Internet Platform that allowed Users to
`
`request that on-line searches be performed to find and return responsive videos results.
`
`38. When, whether, how, and to what extent the YouTube Internet Platform
`
`generated newly created static and/or dynamic Video Playlists for delivering as part the search
`
`results, or based upon the search results, that were provided in response to User requests that
`
`on-line searches for videos be performed.
`
`39.
`
`Any actual or planned design alternatives or changes for any Accused
`
`Functionality, including the timing of such changes and the resulting effect on its functionality,
`
`manner of operation, performance, capabilities, and/or embodying structures.
`
`40.
`
`The source code used for each version of the Accused Functionalities from
`
`2016-2020.
`
`41.
`
`The functionality and content of
`
`
`
` in relation to the creation, provision, and/or
`
`operation of Video Playlists.
`
`42.
`
`The functionality and content of server-side video entity database objects