Case 1:22-cv-00305-RGA-JLH Document 113 Filed 09/19/23 Page 1 of 8 PageID #: 4574
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 1:22-cv-00305-RGA
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`JURY TRIAL DEMANDED
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`Robocast, Inc.,
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`Plaintiff
`Defendant
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`and Counterclaim
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`v.
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`Netflix, Inc.
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`Defendant and Counterclaim
`Plaintiff.
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`PLAINTIFF’S FIRST RULE 30(b)(6)
`DEPOSITION NOTICE TO DEFENDANT
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`PLEASE TAKE NOTICE that pursuant to Federal Rule of Civil Procedure 30(b)(6),
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`Plaintiff Robocast, Inc. (“Robocast”) will take the deposition upon oral examination of Defendant
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`Netflix, Inc. (“Netflix” or “Defendant”) at the law office of McKool Smith in Washington D.C.,
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`1999 K Street, NW Suite 600 Washing, D.C. 20006 on October 3, 2023. The deposition will be
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`recorded by stenographic means and may also be recorded by videotape. The deposition will be
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`conducted before an officer authorized to administer oaths and will continue from day-to-day,
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`weekends and legal holidays excluded, until completed, or according to a schedule mutually
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`agreed upon by the parties in advance of the appearance date. You are invited to attend and cross
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`examine.
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`Pursuant to Federal Rule of Civil Procedure Rule 30(b)(6), Netflix shall designate one or
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`more officers, directors, managing agents, or other persons to testify on its behalf concerning the
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`matters set forth in Exhibit “A.” Netflix is requested to set forth, for each person designated, the
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`Case 1:22-cv-00305-RGA-JLH Document 113 Filed 09/19/23 Page 2 of 8 PageID #: 4575
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`topics on which the person will testify no less than five days before the commencement of the
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`BAYARD, P.A.
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`/s/ Stephen B. Brauerman
`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
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`ATTORNEYS FOR PLAINTIFF
`ROBOCAST, INC.
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`deposition.
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`Dated: September 19, 2023
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`Cantor Colburn LLP
`Marc N. Henschke (pro hac vice)
`Steven M. Coyle (pro hac vice)
`Andrew C. Ryan (pro hac vice)
`Nicholas A. Geiger (pro hac vice)
`Katherine M. Tassmer (pro hac vice)
`Sara T. Colburn (pro hac vice)
`20 Church Street
`22nd Floor
`Hartford, CT 06103
`Tel.: (860) 286-2929
`Fax: (860) 286-0115
`mhenschke@cantorcolburn.com
`scoyle@cantorcolburn.com
`aryan@cantorcolburn.com
`ngeiger@cantorcolburn.com
`ktassmer@cantorcolburn.com
`scolburn@cantorcolburn.com
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`MCKOOL SMITH, P.C.
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`Steven Rizzi (pro hac vice)
`One Manhattan West
`395 9th Avenue, 50th Floor
`New York, New York 10001
`Tel: (212) 402-9400
`srizzi@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)
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`Case 1:22-cv-00305-RGA-JLH Document 113 Filed 09/19/23 Page 3 of 8 PageID #: 4576
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`Samuel L. Moore (pro hac vice)
`Ari Rafilson (pro hac vice)
`William Ellerman (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
`arafilson@McKoolSmith.com
`wellerman@McKoolSmith.com
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`Case 1:22-cv-00305-RGA-JLH Document 113 Filed 09/19/23 Page 4 of 8 PageID #: 4577
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`EXHIBIT A
`Notwithstanding any definition set forth below, each word, term, or phrase used in this
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`Notice of Deposition is intended to have the broadest meaning permitted under the Federal Rules
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`of Civil Procedure.
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`DEFINITIONS
`The term “Netflix” or “Defendant” as used herein shall mean, individually and
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`1.
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`collectively, Netflix, Inc., its parent companies, subsidiaries, predecessors, successors, affiliates,
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`other 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 Netflix, Inc. including, but not limited to, any of the “Netflix Properties” as
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`that phrase is used in the public Form 10-K financial filings made with the US Securities and
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`Exchange Commission by Alphabet Inc.
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`2.
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`3.
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`4.
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`5.
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`The term “’451 Patent” as used herein shall mean U.S. Patent No. 7,155,451.
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` The term “’819 Patent” as used herein shall mean U.S. Patent No. 8,606,819.
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`The term “’932 Patent” as used herein shall mean U.S. Patent No. 8,965,932.
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`The term “Patents-In-Suit” as used herein shall mean, collectively, the ’451 Patent,
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`the ’819 Patent, and the ’932 Patent.
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`6.
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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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`7.
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`The term “Netflix Internet Platform” as used herein shall mean any system, service,
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`method or process, including any associated software, hardware, and data structures, that either
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`controls, manages, administers, monitors, sequences, schedules, identifies information for,
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`accesses information for, collects information for, transmits information for, displays or presents
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`information for automated video playlists (such as Autoplay and Flixtape playlists) made, used,
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`sold, offered for sale, imported, put into service, or otherwise deployed by Netflix from March 7,
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`2016 until the expiration of each Patent-in-Suit, including, without limitation, the Netflix.com
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`Internet platform and any Netflix apps.
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`8.
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`The term “User(s)” as used herein shall mean the end-user(s) of computers such as
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`desktop or laptop PCs, smartphone or tablet mobile device, or smart TVs that include web browsers
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`or Netflix apps for interacting online with the Netflix Internet Platform so as to enable said end-
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`user(s) to consume Netflix’s digital content, including by watching its videos.
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`9.
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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 Netflix Internet Platform that playback their videos automatically in
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`sequential order one after the other without requiring ongoing directive input from a User beyond
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`(at most) a single initial click that serves to commence the playlist. As such, these Video Playlists
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`are intended to include Netflix’s so-called Autoplay and Flixtape playlists, and any other static or
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`dynamic video playlists hosted by the Netflix Internet Platform that operate in this described
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`manner.
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`10.
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`The terms "documents," “ESI,” and ''tangible things" as used herein shall mean
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`each non-identical copy of any of the types of documents, ESI, or tangible things encompassed by
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`Fed. R. Civ. P. 34(a), and shall specifically include writings, drawings, graphs, charts,
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`photographs, sound recordings, images, and other data or data compilations stored in any medium
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`from which information can be obtained either directly or, if necessary, after translation by the
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`Defendant into a reasonably usable form.
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`11.
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`The term "non-identical copy" as used herein shall mean any document, ESI, or
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`tangible thing that, but-for markings, additions, deletions, signatures, modifications of any kind
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`Case 1:22-cv-00305-RGA-JLH Document 113 Filed 09/19/23 Page 6 of 8 PageID #: 4579
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`(including, but not limited to, notations on the backs or margins of pages thereof, blind carbon
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`copy notations, attachments, alterations, amendments, or mark-ups) would otherwise be identical
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`to other documents, ESI, or tangible things responsive to any production request herein. Each non-
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`identical copy constitutes a distinct document,ESI, or tangible thing and must be produced in
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`response hereto.
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`12.
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`The term "meeting(s)" as used herein shall mean any assembly, convocation,
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`encounter, or contemporaneous presence of two or more persons for any purpose, whether or not
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`planned, arranged, or scheduled in advance, whether or not occurring face-to-face or by other
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`means including, without limitation, by telephone, videoconference or instant messaging, and
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`whether or not the meeting was informal or formal or occurred in connection with some other
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`activity.
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`13.
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`The term "agreement" as used herein shall mean any contract, transaction, or other
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`arrangement of any kind, whether conditional, executed, executory, express, or implied, and
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`whether oral or written, in which rights are granted or obligations assumed. The term "agreement"
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`shall apply to completed, actual, contemplated, or attempted agreements or renewals of
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`agreements.
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`14.
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`The term "negotiate" or any variant thereof as used herein shall mean, without
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`limitation, any deliberations, discussions, conferences, bargaining or trading between parties or
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`their agents, representatives, counsel, or any other persons as herein defined.
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`15.
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`The term "any" shall mean "any and all." The term "all" as used herein also shall
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`mean "any and all."
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`16.
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`The terms "and" and "or" as used herein shall be construed conjunctively or
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`disjunctively to bring within the scope of these production requests any and all information which
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`might otherwise be construed as outside their scope.
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`17.
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`The singular form of a noun or pronoun shall be considered to include within its
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`meaning the plural form of the noun or pronoun so used, and vice versa; the use of the masculine
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`form of a pronoun also includes within its meaning the feminine form of the pronoun so used, and
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`vice versa; and the use of any tense of any verb includes also within its meaning all other tenses
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`of the verb so used.
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`18.
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`The term "communication" as used herein shall mean the transmittal of information
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`in the form of facts, ideas, inquiries or otherwise.
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`19.
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`The term "person" as used herein shall mean any natural person or any business,
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`legal, or governmental entity or association.
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`20.
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`The term "concerning" or any variant of as used herein shall mean referring to,
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`describing, evidencing, or constituting.
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`Case 1:22-cv-00305-RGA-JLH Document 113 Filed 09/19/23 Page 8 of 8 PageID #: 4581
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`TOPICS FOR EXAMINATION
`The systems, methods, and platforms used by Netflix for electronically stored
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`1.
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`internal written, oral, and video communications at any time between 2011-2020, including email,
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`internal messaging apps (e.g., Slack), voice, and video communications systems; the purposes for
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`which such systems, methods, and platforms are (or were) used in Netflix’s business; the manner
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`in which such communications are (or were) maintained; and Netflix’s policies for retention of
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`such communications.
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