Case 2:22-md-03034-TGB ECF No. 164-1, PageID.10959 Filed 07/21/23 Page 1 of 36
`
`Appendix A
`
`

`

`Case 2:22-md-03034-TGB ECF No. 164-1, PageID.10960 Filed 07/21/23 Page 2 of 36
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`Case No. 2:22-MD-03034-TGB
`
`Hon. Terrence G. Berg
`
`
`IN RE: NEO WIRELESS, LLC
`
`PATENT LITIGATION
`
`LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT
`TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF
`EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS
`National Court Administration
`ATTN: Director of International Affairs
`Seocho-daero 219
`Seocho-gu
`Seoul 06590
`Republic of Korea
`
`
`
`
`
`
`
`TO:
`
`
`
`
`
`
`The United States District Court
`FROM:
`For the Eastern District of Michigan, Southern Division
`
`
`231 W. Lafayette Blvd.
`
`
`Detroit, MI 48226
`
`
`United States of America
`
`
`PERSON TO WHOM THIS REQUEST FOR EVIDENCE IS DIRECTED:
`Mr. William Cho (조주완 이사), or a corporate representative who may provide
`the requested information.
`LG Electronics, Inc.
`128 Yeoui-daero
`Yeongdeungpo-gu
`Seoul 07336
`Republic of Korea
`Please return the evidence directly to the attention of the requesting court – unless the information
`provided is not written in English. In that case, please return the evidence and all correspondence
`to:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Civil Action Group, Ltd., d/b/a APS International, Ltd.
`Attn: International Evidence Department
`APS International Plaza
`7800 Glenroy Road
`Minneapolis, Minnesota 55439-3122
`U.S.A.
`Fax: (952) 831-8150
`
`

`

`Case 2:22-md-03034-TGB ECF No. 164-1, PageID.10961 Filed 07/21/23 Page 3 of 36
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`
`
`Email: Evidence@CivilActionGroup.com
`
`
`
`and notify the requesting court of such transmittal.
`Names and Address of the Parties and their Representatives
`I.
`Plaintiff:
`Neo Wireless, LLC
`123 West Wayne Avenue, Fl. 1
`Wayne, PA 19087, USA
`
`Jason D. Cassady
`John Austin Curry
`Christopher S. Stewart
`Caldwell Cassady Curry P.C.
`2121 N. Pearl Street, Ste. 1200
`Dallas, TX 75201, USA
`
`Jaye Quadrozzi
`Young, Garcia & Quadrozzi, P.C.
`2775 Stansbury Boulevard, Ste. 125
`Farmington Hills, MI 48334, USA
`
`Defendants:
`FCA US, LLC
`1000 Chrysler Drive
`Auburn Hills, MI 48326, USA
`
`Ford Motor Company
`1 American Road
`Dearborn, MI 48126, USA
`
`General Motors Company
`300 Renaissance Center
`Detroit, MI 48243, USA
`
`General Motors LLC
`300 Renaissance Center
`Detroit, MI 48243, USA
`
`Frank C. Cimino, Jr.
`Megan S. Woodworth
`Johnathon L. Falkler
`Robert C. Tapparo
`Venable LLP
`600 Massachusetts Avenue NW
`Washington D.C., 20001, USA
`
`Patrick G. Seyferth
`Susan M. McKeever
`Bush Seyferth PLLC
`100 W. Big Beaver Road, Ste. 400
`Troy, MI 48084, USA
`John S. LeRoy
`Christopher C. Smith
`Brooks Kushman P.C.
`1000 Town Center, 22nd Floor
`Southfield, MI 48075, USA
`Joseph A. Herriges
`Conrad A. Gosen
`James Hugenin-Love
`Fish & Richardson P.C.
`60 South Sixth Street, 3200 RBC Plaza
`Minneapolis, MN 55402, USA
`
`Michael J. McKeon
`
`

`

`Case 2:22-md-03034-TGB ECF No. 164-1, PageID.10962 Filed 07/21/23 Page 4 of 36
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`Christian Chu
`Jared Hartzman
`Joshua P. Carrigan
`Fish & Richardson P.C.
`1000 Maine Avenue SW, Suite 1000
`Washington D.C. 20024, USA
`
`J. Michael Huget
`Sarah E. Waidelich
`Honigman LLP
`315 E. Eisenhower Parkway, Ste. 100
`Ann Arbor, MI 48108, USA
`John T. Johnson
`Fish & Richardson P.C.
`7 Times Square, 20th Floor
`New York, NY 10036, USA
`
`Ruffin B. Cordell
`Benjamin J. Christoff
`Fish & Richardson P.C.
`1000 Maine Avenue SW, Suite 1000
`Washington D.C. 20024, USA
`
`Thomas P. Branigan
`Bowman and Brooke LLP
`41000 Woodward Avenue, Ste. 200 East
`Bloomfield Hills, MI 48304, USA
`Celine J. Crowson
`Hogan Lovells US LLP
`555 Thirteenth Street NW
`Washington D.C. 20004, USA
`Reginald J. Hill
`Peter J. Brennan
`Jenner & Block LLP
`353 N. Clark Street
`Chicago, IL 60654, USA
`
`Thomas H. Reger II
`Fish & Richardson P.C.
`1717 Main Street, Ste. 5000
`Dallas, TX 75201, USA
`
`Lawrence Jarvis
`Fish & Richardson P.C.
`
`American Honda Motor Company, Inc.
`1919 Torrance Boulevard
`Torrance, CA 90501, USA
`
`Honda Development & Manufacturing of
`America, LLC
`24000 Honda Parkway
`Marysville, OH 43040, USA
`
`Mercedes-Benz USA, LLC
`1 Mercedes Benz Drive
`Sandy Springs, GA 30328, USA
`
`Nissan North America, Inc.
`1 Nissan Way
`Franklin, TN 37067, USA
`
`Nissan Motor Acceptance Corporation, a/k/a
`Nissan Motor Acceptance Company LLC
`1 Nissan Way
`Franklin, TN 37067, USA
`Tesla Inc.
`13101 Tesla Road
`Austin, TX 78725, USA
`
`

`

`Case 2:22-md-03034-TGB ECF No. 164-1, PageID.10963 Filed 07/21/23 Page 5 of 36
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`1180 Peachtree Street NE, 21st Floor
`Atlanta, GA 30309, USA
`
`Elizabeth Ranks
`Fish & Richardson P.C.
`1 Marina Park Drive
`Boston, MA 02210, USA
`
`J. Michael Huget
`Sarah E. Waidelich
`Honigman LLP
`315 E. Eisenhower Parkway, Ste. 100
`Ann Arbor, MI 48108, USA
`Paul R. Steadman
`Matthew Satchwell
`Shuzo Maruyama
`DLA Piper LLP
`444 West Lake Street, Ste. 900
`Chicago, IL 60606, USA
`
`Brian Erickson
`DLA Piper LLP
`303 Colorado Street, Ste. 3000
`Austin, TX 78701, USA
`
`Susan M. McKeever
`Justin B. Weiner
`Bush Seyferth PLLC
`100 W. Big Beaver Road, Ste. 400
`Troy, MI 48084, USA
`
`Daniel E. Yonan
`Deirdre M. Wells
`Ryan C. Richardson
`William H. Milliken
`Anna G. Phillips
`Sterne, Kessler, Goldstein & Fox PLLC
`1100 New York Avenue NW, Ste. 600
`
`Toyota Motor Corporation
`1 Toyota-Cho, Toyota City
`Aichi Prefecture, 471-8571, Japan
`
`Toyota Motor North America, Inc.
`6565 Headquarters Drive
`Plano, TX 75024, USA
`
`Toyota Motor Sales, USA, Inc.
`6565 Headquarters Drive
`Plano, TX 75024, USA
`
`Toyota Motor Engineering & Manufacturing
`North America, Inc.
`6565 Headquarters Drive
`Plano, TX 75024, USA
`
`Toyota Motor Credit Corporation
`6565 Headquarters Drive
`Plano, TX 75024, USA
`Volkswagen Group of America, Inc.
`2200 Ferdinand Porsche Drive
`Herndon, VA 20171, USA
`
`Volkswagen Group of America Chattanooga
`Operations, LLC
`2200 Ferdinand Porsche Drive
`Herndon, VA 20171, USA
`
`

`

`Case 2:22-md-03034-TGB ECF No. 164-1, PageID.10964 Filed 07/21/23 Page 6 of 36
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`Washington D.C., 20005, USA
`
`II.
`
`Summary of the Case
`Plaintiff Neo Wireless LLC (“Plaintiff”) has asserted U.S. Patent No. 8,467,366, U.S.
`
`Patent No. 10,075,941, U.S. Patent No. 10,447,450, and U.S. Patent No. 10,771,302, U.S. Patent
`No. 10,833,908, and U.S. Patent No. 10,965,512 (collectively, the “Patents-in-Suit”) against
`Defendants for patent infringement. The accused products are Defendants’ vehicles which are
`compatible with the 4G/LTE or 5G/NR wireless communication standards. Plaintiff seeks an
`award of damages from Defendants to compensate for the alleged patent infringement. The
`Patents-in-Suit relate to systems, apparatuses, and methods for improving cellular wireless
`communications, and cover certain aspects of the LTE and 5G standards.
`
`Through discovery, Plaintiff has determined that LG Electronics, Inc. (“LG”) makes
`certain accused devices and/or components that are used in the allegedly infringing vehicles made
`and sold by Defendants. Defendants have represented that they do not have custody, control, or
`possession of documents or information about these accused devices/components and that instead,
`LG is the proper entity from which to obtain the requested information. On information and belief,
`LG possesses information relevant to Plaintiff’s claims of infringement in this patent litigation.
`III. Requested Information
`Plaintiff seeks the production of documents and deposition testimony from LG. The
`
`specific documentary evidence sought is outlined in Exhibit A, and the evidentiary questions for
`which witness testimony is sought are outlined in Exhibit B, both attached hereto. Any responses
`and/or evidence returned to this court will be submitted as evidence at trial. The requested
`evidence is necessary for the continuance of these proceedings. As allowed by the internal laws
`of Korea, please have all returned evidence verified and/or certified as to completeness and
`authenticity.
`
`The Court understands that the questions to which answers are requested are clearly
`enumerated and of direct and close connection with the subject matter of the litigation. If any
`portion of this Request is deemed to be unacceptable under the laws of Korea, please disregard
`that portion and continue to comply with as much of the Request as is legally permissible.
`IV. Confidentiality Order
`In this matter, a Protective Order has been entered that governs the production of
`
`documents. A copy of this order is attached hereto as Exhibit C. Because this action involves
`confidential and proprietary business information, the Protective Order serves to protect such
`information from public disclosure. Accordingly, the United States District Court for the Eastern
`District of Michigan requests that any documents or testimony obtained in response to this Letter
`of Request be treated in accordance with the provisions of the Protective Order to protect
`confidential and proprietary information.
`
`For the protection of the privacy of information in this case in Korea, this Court requests
`that the Korean court issue a corresponding order to provide similar confidentiality protection in
`
`

`

`Case 2:22-md-03034-TGB ECF No. 164-1, PageID.10965 Filed 07/21/23 Page 7 of 36
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`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`Korea to the testimony and any other documents, transcripts, etc. produced and/or recorded in
`relation to this request.
`Reimbursement for Costs
`V.
`This Court understands that any fees and costs incurred in the execution of this Request
`
`are reimbursable under the second paragraph of Article 14 or under Article 26 of the Hague
`Evidence Convention. These fees and costs will be reimbursed by the above-named counsel for
`the Plaintiff up to US$5,000. Please inform counsel for Plaintiff Neo Wireless, LLC before the
`costs exceed this amount.
`DATED this ____ day of ________, 2023
`
`Respectfully Requested,
`
`
`
`____________________________________
`
`The Honorable Terrence G. Berg
`United States District Judge
`for the Eastern District of Michigan
`Theodore Levin U.S. Courthouse
`231 W. Lafayette Blvd., Room 253
`Detroit, MI 48226
`United States of America
`Telephone: (313) 234-2640
`
`

`

`Case 2:22-md-03034-TGB ECF No. 164-1, PageID.10966 Filed 07/21/23 Page 8 of 36
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`EXHIBIT A
`DEFINITIONS AND INSTRUCTIONS
`The terms “Plaintiff,” or “Neo Wireless” means Neo Wireless, LLC.
`1.
`“LG,” “You,” “Your,” or “Yours” mean LG Electronics, Inc., its predecessors and
`2.
`successors, past and present parents, divisions, subsidiaries, affiliates, and related companies, and
`all past and present directors, officers, employees, agents, consultants, attorneys, and others
`purporting to act on its behalf, with the exception that this definition is not intended to include LG
`Electronics Vehicle Components USA, LLC (“LGEVU”).
`The term “Document” includes, without limitation, all originals and copies,
`3.
`duplicates, drafts, and recordings of any written, printed, graphic, or otherwise recorded matter,
`however produced or reproduced, and all writings of any nature, whether on paper, magnetic tape,
`electronically recorded, or other information storage means, including film and computer memory
`devices. Where such items contain marking(s) not appearing on the original or are altered from the
`original, please consider such items to be separate original documents.
`The term “relate,” “relates,” “related to,” or “relating to” means concerning,
`4.
`referring to, summarizing, reflecting, constituting, containing, embodying, pertaining to, involved
`with, mentioning, discussing, consisting of, comprising, showing, commenting on, evidencing,
`describing, or otherwise relating to the subject matter.
`“Defendants” means FCA US LLC (“FCA”); Ford Motor Company (“Ford”);
`5.
`General Motors Company & General Motors LLC (individually and collectively, “GM”);
`American Honda Motor Company, Inc. & Honda Development & Manufacturing of America, LLC
`(individually and collectively, “Honda”); Mercedes-Benz USA, LLC (“Mercedes”); Nissan North
`America, Inc. & Nissan Motor Acceptance Corp. (individually and collectively, “Nissan”); Tesla
`Inc. (individually and collectively, “Tesla”); Toyota Motor Corp., Toyota Motor N. America, Inc.,
`Toyota Motor Sales USA, Inc., Toyota Motor Engineering & Manufacturing North America, Inc.,
`& Toyota Motor Credit Corp. (individually and collectively, “Toyota”); Volkswagen Group of
`America, Inc., and Volkswagen Group of America Chattanooga Operations, LLC (individually
`and collectively, “Volkswagen”); and each of the aforementioned companies’ predecessors and
`successors, past and present parents, divisions, subsidiaries, affiliates, and related companies.
`Please answer each Request separately by listing the responsive Documents and by
`6.
`describing them as defined below. Please organize and designate Documents produced so as to
`correspond to the categories in these Requests, or please produce the Documents as they are
`maintained in the normal course of business. In either case, please ensure that: (a) all associated
`file labels, file headings, and file folders are produced together with the responsive Documents
`and identify each Document as to its owner or custodian; (b) please produce Documents that cannot
`be legibly copied in their original form; otherwise, You may produce photocopies (but Defendant
`reserve the right to inspect the originals); and (c) please give each page a discrete production
`number and produce the same in Bates-numbered form.
`
`

`

`Case 2:22-md-03034-TGB ECF No. 164-1, PageID.10967 Filed 07/21/23 Page 9 of 36
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`Please produce electronically stored Documents in the electronic form(s) in which
`7.
`they are ordinarily maintained.
`These Requests call for Documents that are known or available to LG, or in the
`8.
`possession, custody, or control of LG, including all Documents known or available to attorneys,
`agents, representatives, or other person(s) acting on behalf of LG or under the direction or control
`of LG, its attorneys, agents, or representatives.
`Possession, custody, and control does not require that LG have actual physical
`9.
`possession; if LG has physical control or a superior right to compel production from another, this
`is sufficient.
`In the event that multiple copies of a Document exist, please produce every copy
`10.
`on which notations or markings exist that do not appear on other copies. If no Documents or things
`are responsive to a particular request, please state that no responsive materials exist.
`Please produce each requested Documents in its entirety and with all attachments,
`11.
`without deletions or excisions, regardless of whether LG considers the entire Document or an
`attachment thereto to be relevant to this case or responsive to these Requests. If a Document or
`thing cannot be produced in full, please produce such Document(s) to the fullest extent possible,
`and please specify the reasons for the inability to produce the remainder, as well as whatever
`information, knowledge, or belief LG has concerning the unproduced portion.
`If LG objects to any Request or part thereof, please ensure that (1) LG states the
`12.
`objection, and that (2) LG produces all relevant Documents to which LG’s objection does not
`apply.
`
`If Documents are withheld from production under a claim of privilege or work
`13.
`product, please produce all relevant Documents to which LG’s privilege objection does not apply,
`and please state the nature of the privilege claimed and provide sufficient information to permit a
`full determination of whether the claim is valid. For allegedly privileged Documents, please
`include: (i) any privilege or immunity from discovery asserted; (ii) the nature of the Document
`(letter, memorandum, notes, etc.); (iii) the author; (iv) the addressee, including recipients of copies;
`(v) the date; (vi) each and every Person who has seen such Document or a portion of such
`Document; (vii) the subject matter and general nature of the information; and (viii) all other facts
`which are alleged to support the assertion of privilege or immunity.
`Unless otherwise stated, please produce requested Documents or things that were
`14.
`prepared, created, written, sent, dated or received at any time.
`
`
`
`

`

`Case 2:22-md-03034-TGB ECF No. 164-1, PageID.10968 Filed 07/21/23 Page 10 of 36
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`REQUESTS FOR PRODUCTION
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset
`1.
`(e.g., Qualcomm MDM9215, Qualcomm MDM9615, etc.) used in the OCU3LPQ model
`telematics control unit (TCU) that you supply to Volkswagen for intended use in North America.
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset used
`2.
`in the OCU3L model TCU that you supply to Volkswagen for intended use in North America.
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset used
`3.
`in the OCU3H model TCU that you supply to Volkswagen for intended use in North America.
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset used
`4.
`in the OCU3 model TCU that you supply to Volkswagen for intended use in North America.
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset used
`5.
`in the OCU4 model TCU that you supply to Volkswagen for intended use in North America.
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset used
`6.
`in the Generation 10 model TCU that You supply to GM for intended use in North America.
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset used
`7.
`in the Generation 11 model TCU that You supply to GM for intended use in North America.
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset used
`8.
`in the 86741-06090 model TCU that You supply to Toyota for intended use in North America.
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset used
`9.
`in the 86741-06091 model TCU that You supply to Toyota for intended use in North America.
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset used
`10.
`in the 86741-06092 model TCU that You supply to Toyota for intended use in North America.
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset used
`11.
`in the 86741-48090 model TCU that You supply to Toyota for intended use in North America.
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset used
`12.
`in the 86741-48091 model TCU that You supply to Toyota for intended use in North America.
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset used
`13.
`in the 86741-48092 model TCU that You supply to Toyota for intended use in North America.
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset used
`14.
`in the 86741-76050 model TCU that You supply to Toyota for intended use in North America.
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset used
`15.
`in the 86741-06130 model TCU that You supply to Toyota for intended use in North America.
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset used
`16.
`in the 86741-76090 model TCU that You supply to Toyota for intended use in North America.
`
`

`

`Case 2:22-md-03034-TGB ECF No. 164-1, PageID.10969 Filed 07/21/23 Page 11 of 36
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset used
`17.
`in the 86741-78250 model TCU that You supply to Toyota for intended use in North America.
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset used
`18.
`in the 8B100-30A-A71 model of TCU that You supply to Honda for intended use in North
`America.
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset used
`19.
`in the 8B100-30A-A61 model of TCU that You supply to Honda for intended use in North
`America.
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset used
`20.
`in the 8B100-30A-A51 model of TCU that You supply to Honda for intended use in North
`America.
`Documents sufficient to identify any other model of TCU not listed above that You
`21.
`supply to any Defendant for intended use in North America, and the Qualcomm, Intel, or other
`modem chipset used in said other models.
`Documents sufficient to identify the Qualcomm, Intel, or other modem chipset
`22.
`supplier’s software version number (also known as a software build identifier or chipset vendor
`stack version) corresponding to the version(s) of software installed on the modem chipset(s)
`identified in response to Requests for Production Nos. 1–21.1
`
`
`
`
`1 Two examples of known valid Qualcomm software build identifiers are “MDM9607.LE.1.1-00100-STD.PROD-1”
`and “M9615ACETWMLZD551354004.1.”
`
`

`

`Case 2:22-md-03034-TGB ECF No. 164-1, PageID.10970 Filed 07/21/23 Page 12 of 36
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`EXHIBIT B
`Plaintiff Neo Wireless, LLC requests the following information from LG Electronics, Inc.
`
`to be used as evidence in the proceedings of In re Neo Wireless Patent Litigation, No. 2:22-md-
`03034-TJB, and all member cases of the same:
`DEFINITIONS & INSTRUCTIONS
`The terms “Plaintiff,” “Neo,” or “Neo Wireless” mean Neo Wireless, LLC.
`1.
`“LG,” “You,” “Your,” or “Yours” mean LG Electronics, Inc., its predecessors and
`2.
`successors, past and present parents, divisions, subsidiaries, affiliates, and related companies, and
`all past and present directors, officers, employees, agents, consultants, attorneys, and others
`purporting to act on its behalf, with the exception that this definition is not intended to include LG
`Electronics Vehicle Components USA, LLC (“LGEVU”).
`The term “relate,” “relates,” “related to,” or “relating to” means concerning,
`3.
`referring to, summarizing, reflecting, constituting, containing, embodying, pertaining to, involved
`with, mentioning, discussing, consisting of, comprising, showing, commenting on, evidencing,
`describing, or otherwise relating to the subject matter.
` “Defendants” means FCA US LLC (“FCA”); Ford Motor Company (“Ford”);
`4.
`General Motors Company & General Motors LLC (individually and collectively, “GM”);
`American Honda Motor Company, Inc. & Honda Development & Manufacturing of America, LLC
`(individually and collectively, “Honda”); Mercedes-Benz USA, LLC (“Mercedes”); Nissan North
`America, Inc. & Nissan Motor Acceptance Corp. (individually and collectively, “Nissan”); Tesla
`Inc. (individually and collectively, “Tesla”); Toyota Motor Corp., Toyota Motor N. America, Inc.,
`Toyota Motor Sales USA, Inc., Toyota Motor Engineering & Manufacturing North America, Inc.,
`& Toyota Motor Credit Corp. (individually and collectively, “Toyota”); Volkswagen Group of
`America, Inc., and Volkswagen Group of America Chattanooga Operations, LLC (individually
`and collectively, “Volkswagen”); and each of the aforementioned companies’ predecessors and
`successors, past and present parents, divisions, subsidiaries, affiliates, and related companies.
`Please construe “any” and “all” as “any and all.”
`5.
`6.
`Please construe “each” and “every” as “each and every.”
`7.
`Please construe “including” to mean “without limitations,” and assume that any
`terms following the word “including” are used by way of example only.
`Please construe the use of the singular form of any word as including the plural,
`8.
`and vice versa, as necessary to bring within the scope of the question all responses that might
`otherwise be construed to be outside its scope.
`One or more representatives may be produced to respond to one or more questions.
`9.
`10.
`If in responding to these questions You claim an ambiguity in either a topic or a
`definition or instruction applicable thereto, please identify in advance of the deposition the
`
`

`

`Case 2:22-md-03034-TGB ECF No. 164-1, PageID.10971 Filed 07/21/23 Page 13 of 36
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`language you consider ambiguous and state the interpretation You are using in preparing your
`witness(es) to testify.
`
`QUESTIONS FOR EXAMINATION
`What is the model of modem chip (e.g., Qualcomm MDM9215, etc.) used in the
`1.
`OCU3LPQ model of telematics control unit (TCU) that You supply to Volkswagen for intended
`use in North America?
`What is the model of modem chip used in the OCU3L model of TCU that You
`2.
`supply to Volkswagen for intended use in North America?
`What is the model of modem chip used in the OCU3H model of TCU that You
`3.
`supply to Volkswagen for intended use in North America?
`What is the model of modem chip used in the OCU3 model of TCU that You supply
`4.
`to Volkswagen for intended use in North America?
`What is the model of modem chip used in the OCU4 model of TCU that You supply
`5.
`to Volkswagen for intended use in North America?
`What is the model of modem chip used in the Generation 10 model of TCU that
`6.
`You supply to GM for intended use in North America?
`What is the model of modem chip used in the Generation 11 model of TCU that
`7.
`You supply to GM for intended use in North America?
`What is the model of modem chip used in the 86741-06090 model of TCU that You
`8.
`supply to Toyota for intended use in North America?
`What is the model of modem chip used in the 86741-06091 model of TCU that You
`9.
`supply to Toyota for intended use in North America?
`10. What is the model of modem chip used in the 86741-06092 model of TCU that You
`supply to Toyota for intended use in North America?
`11. What is the model of modem chip used in the 86741-48090 model of TCU that You
`supply to Toyota for intended use in North America?
`12. What is the model of modem chip used in the 86741-48091 model of TCU that You
`supply to Toyota for intended use in North America?
`13. What is the model of modem chip used in the 86741-48092 model of TCU that You
`supply to Toyota for intended use in North America?
`14. What is the model of modem chip used in the 86741-76050 model of TCU that You
`supply to Toyota for intended use in North America?
`15. What is the model of modem chip used in the 86741-06130 model of TCU that You
`supply to Toyota for intended use in North America?
`
`

`

`Case 2:22-md-03034-TGB ECF No. 164-1, PageID.10972 Filed 07/21/23 Page 14 of 36
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`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`16. What is the model of modem chip used in the 86741-76090 model of TCU that You
`supply to Toyota for intended use in North America?
`17. What is the model of modem chip used in the 86741-78250 model of TCU that You
`supply to Toyota for intended use in North America?
`18. What is the model of modem chip used in the 8B100-30A-A71 model of TCU that
`You supply to Honda?
`19. What is the model of modem chip used in the 8B100-30A-A61 model of TCU that
`You supply to Honda?
`20. What is the model of modem chip used in the 8B100-30A-A51 model of TCU that
`You supply to Honda?
`Do you supply other TCU models not listed in prior Questions to any of the
`21.
`Defendants in this action (including their affiliates, subsidiaries, or other related companies) for
`intended use in North America?
`If you answered Question No. 21 in the affirmative, what are the model names of
`22.
`each such TCU, and to which Defendant(s) do you supply said TCUs? In answering, please match
`each such TCU to the Defendant(s) to whom the TCU is supplied.
`If you answered Question No. 21 in the affirmative, what models of modem chip
`23.
`(e.g., Qualcomm MDM9215, etc.) are used in each such model TCU? In answering, please match
`each such modem chip to the TCU(s) in which said modem chip is incorporated.
`24. What is the complete software build identifier (possibly known as a “Chipset
`vendor Stack Version”) for the modem chip software build installed on the modem chip used in
`the OCU3LPQ model TCU that You supply to Volkswagen for intended use in North America?
`In answering, please provide a full, valid modem chip software build identifier.2 If multiple
`software builds have been used over time, please provide the full, valid modem chip software build
`identifier for each such software build version used and please state the time periods for which
`each such software build was used.
`25. What is the complete software build identifier (possibly known as a “Chipset
`vendor Stack Version”) for the modem chip software build installed on the modem chip used in
`the OCU3L model TCU that You supply to Volkswagen for intended use in North America? In
`answering, please provide a full, valid modem chip software build identifier. If multiple software
`builds have been used over time, please provide the full, valid modem chip software build identifier
`for each such software build version used and please state the time periods for which each such
`software build was used.
`26. What is the complete software build identifier (possibly known as a “Chipset
`vendor Stack Version”) for the modem chip software build installed on the modem chip used in
`
`
`2 Two examples of known valid Qualcomm software build identifiers are “MDM9607.LE.1.1-00100-STD.PROD-1”
`and “M9615ACETWMLZD551354004.1.”
`
`

`

`Case 2:22-md-03034-TGB ECF No. 164-1, PageID.10973 Filed 07/21/23 Page 15 of 36
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`the OCU3H model TCU that You supply to Volkswagen for intended use in North America? In
`answering, please provide a full, valid modem chip software build identifier. If multiple software
`builds have been used over time, please provide the full, valid modem chip software build identifier
`for each such software build version used and please state the time periods for which each such
`software build was used.
`27. What is the complete software build identifier (possibly known as a “Chipset
`vendor Stack Version”) for the modem chip software build installed on the modem chip used in
`the OCU3 model TCU that You supply to Volkswagen for intended use in North America? In
`answering, please provide a full, valid modem chip software build identifier. If multiple software
`builds have been used over time, please provide the full, valid modem chip software build identifier
`for each such software build version used and please state the time periods for which each such
`software build was used.
`28. What is the complete software build identifier (possibly known as a “Chipset
`vendor Stack Version”) for the modem chip software build installed on the modem chip used in
`the OCU4 model TCU that You supply to Volkswagen for intended use in North America? In
`answering, please provide a full, valid modem chip software build identifier. If multiple software
`builds have been used over time, please provide the full, valid modem chip software build identifier
`for each such software build version used and please state the time periods for which each such
`software build was used.
`29. What is the complete software build identifier (possibly known as a “Chipset
`vendor Stack Version”) for the modem chip software build installed on the modem chip used in
`the Generation 10 model TCU that You supply to GM for intended use in North America? In
`answering, please provide a full, valid modem chip software build identifier. If multiple software
`builds have been used over time, please provide the full, valid modem chip software build identifier
`for each such software build version used and please state the time periods for which each such
`software build was used.
`30. What is the complete software build identifier (possibly known as a “Chipset
`vendor Stack Version”) for the modem chip software build installed on the modem chip used in
`the Generation 11 model TCU that You supply to GM for intended use in North America? In
`answering, please provide a full, valid modem chip software build identifier. If multiple software
`builds have been used over time, please provide the full, valid modem chip software build identifier
`for each such software build version used and please state the time periods for which each such
`software build was used.
`31. What is the complete software build identifier (possibly known as a “Chipset
`vendor Stack Version”)