`
`Appendix A
`
`
`
`Case 2:22-md-03034-TGB ECF No. 196-1, PageID.11481 Filed 11/16/23 Page 2 of 30
`
`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. 196-1, PageID.11482 Filed 11/16/23 Page 3 of 30
`
`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
`Telephone: (214) 888-4848
`Facsimile: (214) 888-4849
`cstewart@caldwellcc.com
`
`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
`
`Frank C. Cimino, Jr.
`Megan S. Woodworth
`Johnathon L. Falkler
`Robert C. Tapparo
`Venable LLP
`600 Massachusetts Avenue NW
`Washington D.C., 20001, USA
`Telephone: (202) 344-4569
`FCCimino@Venable.com
`MSWoodworth@Venable.com
`JLFalkler@Venable.com
`RCTapparo@Venable.com
`
`Patrick G. Seyferth
`Susan M. McKeever
`Bush Seyferth PLLC
`100 W. Big Beaver Road, Ste. 400
`Troy, MI 48084, USA
`Telephone: (248) 822-7800
`seyferth@bsplaw.com
`mckeever@bsplaw.com
`John S. LeRoy
`Christopher C. Smith
`
`
`
`Case 2:22-md-03034-TGB ECF No. 196-1, PageID.11483 Filed 11/16/23 Page 4 of 30
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`Dearborn, MI 48126, USA
`
`General Motors Company
`300 Renaissance Center
`Detroit, MI 48243, USA
`
`General Motors LLC
`300 Renaissance Center
`Detroit, MI 48243, USA
`
`American Honda Motor Company, Inc.
`1919 Torrance Boulevard
`Torrance, CA 90501, USA
`
`
`Kyle G. Konz
`Brooks Kushman P.C.
`1000 Town Center, 22nd Floor
`Southfield, MI 48075, USA
`Telephone: (248) 358-4400
`Facsimile: (248) 358-3351
`jleroy@brookskushman.com
`csmith@brookskushman.com
`kkonz@brookskushman.com
`Joseph A. Herriges
`Conrad A. Gosen
`James Hugenin-Love
`Fish & Richardson P.C.
`60 South Sixth Street, 3200 RBC Plaza
`Minneapolis, MN 55402, USA
`Telephone: (612) 335-5070
`Facsimile: (612) 288-9696
`herriges@fr.com, gosne@fr.com,
`huguein-love@fr.com
`
`Michael J. McKeon
`Christian Chu
`Jared Hartzman
`Joshua P. Carrigan
`Fish & Richardson P.C.
`1000 Maine Avenue SW, Suite 1000
`Washington D.C. 20024, USA
`Telephone: (202) 783-5070
`Facsimile: (202) 783-2331
`mckeon@fr.com, chu@fr.com,
`hartzman@fr.com, carrigan@fr.com
`
`J. Michael Huget
`Sarah E. Waidelich
`Honigman LLP
`315 E. Eisenhower Parkway, Ste. 100
`Ann Arbor, MI 48108, USA
`Telephone: (734) 418-4254
`Facsimile: (734) 418-4255
`mhuget@honigman.com,
`swaidelich@honigman.com
`John T. Johnson
`Fish & Richardson P.C.
`7 Times Square, 20th Floor
`New York, NY 10036, USA
`Telephone: (212) 765-5070
`
`
`
`Case 2:22-md-03034-TGB ECF No. 196-1, PageID.11484 Filed 11/16/23 Page 5 of 30
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`Honda Development & Manufacturing of
`America, LLC
`24000 Honda Parkway
`Marysville, OH 43040, 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
`
`Facsimile: (212) 258-2291
`jjohnson@fr.com
`
`Ruffin B. Cordell
`Benjamin J. Christoff
`Fish & Richardson P.C.
`1000 Maine Avenue SW, Suite 1000
`Washington D.C. 20024, USA
`Telephone: (202) 783-5070
`Facsimile: (202) 783-2331
`cordell@fr.com
`
`Thomas P. Branigan
`Matin Fallahi
`Bowman and Brooke LLP
`41000 Woodward Avenue, Ste. 200 East
`Bloomfield Hills, MI 48304, USA
`Telephone: (248) 205-3300
`Facsimile: (248) 205-3399
`thomas.branigan@bowmanandbrooke.com
`matin.fallahi@bowmanandbrooke.com
`Reginald J. Hill
`Peter J. Brennan
`Jenner & Block LLP
`353 N. Clark Street
`Chicago, IL 60654, USA
`Telephone: (312) 222-9350
`rhill@jenner.com
`pbrennan@jenner.com
`Thomas H. Reger II
`Fish & Richardson P.C.
`1717 Main Street, Ste. 5000
`Dallas, TX 75201, USA
`Telephone: (214) 747-5070
`reger@fr.com
`
`Lawrence Jarvis
`Fish & Richardson P.C.
`1180 Peachtree Street NE, 21st Floor
`Atlanta, GA 30309, USA
`Telephone: (404) 892-5005
`jarvis@fr.com
`
`Elizabeth Ranks
`Fish & Richardson P.C.
`1 Marina Park Drive
`
`
`
`Case 2:22-md-03034-TGB ECF No. 196-1, PageID.11485 Filed 11/16/23 Page 6 of 30
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`Boston, MA 02210, USA
`Telephone: (617) 542-5070
`ranks@fr.com
`
`J. Michael Huget
`Sarah E. Waidelich
`Honigman LLP
`315 E. Eisenhower Parkway, Ste. 100
`Ann Arbor, MI 48108, USA
`Telephone: (734) 418-4254
`Facsimile: (734) 418-4255
`mhuget@honigman.com,
`swaidelich@honigman.com
`Paul R. Steadman
`Matthew Satchwell
`Shuzo Maruyama
`DLA Piper LLP
`444 West Lake Street, Ste. 900
`Chicago, IL 60606, USA
`Telephone: (312) 368-2135
`Facsimile: (312) 251-2850
`paul.steadman@us.dlapiper.com
`matthew.satchwell@us.dlapiper.com
`shuzo.maruyama@us.dlapiper.com
`Brian Erickson
`DLA Piper LLP
`303 Colorado Street, Ste. 3000
`Austin, TX 78701, USA
`Telephone: (512) 457-7059
`Facsimile: (512) 721-2263
`brian.erickson@us.dlapiper.com
`
`Susan M. McKeever
`Justin B. Weiner
`Bush Seyferth PLLC
`100 W. Big Beaver Road, Ste. 400
`Troy, MI 48084, USA
`Telephone: (248) 822-7851
`mckeever@bsplaw.com
`weiner@bsplaw.com
`
`Daniel E. Yonan
`Deirdre M. Wells
`Ryan C. Richardson
`William H. Milliken
`
`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. 196-1, PageID.11486 Filed 11/16/23 Page 7 of 30
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`Anna G. Phillips
`Sterne, Kessler, Goldstein & Fox PLLC
`1100 New York Avenue NW, Ste. 600
`Washington D.C., 20005, USA
`Telephone: (202) 371-2600
`dyonan@sternekessler.com
`dwells@sternekessler.com
`rrichardson@sternekessler.com
`wmilliken@sternekessler.com
`aphillips@sternekessler.com
`
`II.
`
`Nature of the Proceedings
`This letter of request is submitted in connection with a civil action regarding allegations
`
`for patent infringement under 35 U.S.C. § 271 in which monetary damages are sought as
`compensation.
`Summary of the Case
`III.
`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.
`Purpose of the Requested Judicial Assistance
`IV.
`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 one or more of the Defendants named above. Said Defendant(s) have represented that
`they do not have custody, control, or possession of documents or information about these accused
`devices and/or 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. According to Plaintiff, the purposes of the requested
`judicial assistance are: (1) to obtain identifying information (part numbers) from LG that will
`specifically identify the devices and/or components mentioned above; (2) to ascertain which
`specific devices and/or components were supplied by LG to Defendants; (3) to determine which
`Defendant(s) received devices and/or components supplied by LG; and (4) to obtain identifying
`information (software build identifiers, or “build IDs”) corresponding to the software builds loaded
`onto the various devices and/or components supplied by LG. When the software build identifiers
`that correspond to the software builds loaded onto these devices and/or components are identified,
`it will be possible to locate the source code for the software builds, which will enable a thorough,
`detailed review of the exact functions of these devices and/or components. This review will,
`according to Plaintiff, prove that the vehicles accused of infringement practice the Asserted Claims
`
`
`
`Case 2:22-md-03034-TGB ECF No. 196-1, PageID.11487 Filed 11/16/23 Page 8 of 30
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`of Plaintiff’s patents. The requests specifically identify the types of devices and/or components
`that Plaintiff is seeking information about.
`Requested Information
`V.
`Plaintiff requests the assistance of the Judiciary of the Republic of Korea in obtaining
`
`documents and answers to written questions, pursuant to Article 310 of the Code of Civil Procedure
`of the Republic of Korea, from LG. The specific documentary evidence sought is outlined in
`Exhibit A, and the evidentiary questions for which a responsive written statement are 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 Korean law, 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 Korean law, please disregard that
`portion and continue to comply with as much of the Request as is legally permissible. With respect
`to the Questions listed in Exhibit B, the Court welcomes further cross-examination by Defendants,
`which can be arranged by contacting counsel for the Defendants, who are listed above.
`VI. 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
`Korea to the testimony and any other documents, transcripts, etc. produced and/or recorded in
`relation to this request.
`VII. Reimbursement for Costs
`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.
`
`
`
`
`Case 2:22-md-03034-TGB ECF No. 196-1, PageID.11488 Filed 11/16/23 Page 9 of 30
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`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. 196-1, PageID.11489 Filed 11/16/23 Page 10 of 30
`
`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.
`“Volkswagen” means Volkswagen Group of America, Inc., and Volkswagen Group
`5.
`of America Chattanooga Operations, LLC (individually and collectively), and each of the
`aforementioned companies’ predecessors and successors, past and present parents, divisions,
`subsidiaries, affiliates, and related companies. For the avoidance of doubt, “Volkswagen” includes
`the named entities’ parent company, Volkswagen AG.
`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.
`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.
`
`
`
`Case 2:22-md-03034-TGB ECF No. 196-1, PageID.11490 Filed 11/16/23 Page 11 of 30
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`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. 196-1, PageID.11491 Filed 11/16/23 Page 12 of 30
`
`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 any other model of TCU not listed above that You
`6.
`supply to Volkswagen 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
`7.
`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. 1–6.1
`
`
`
`
`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. 196-1, PageID.11492 Filed 11/16/23 Page 13 of 30
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`EXHIBIT B
`Plaintiff Neo Wireless, LLC asks that, pursuant to Article 310 of the Code of Civil
`
`Procedure of the Republic of Korea, LG Electronics, Inc. be made to provide a written statement
`in response to the following questions 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.
`“Volkswagen” means Volkswagen Group of America, Inc., and Volkswagen Group
`4.
`of America Chattanooga Operations, LLC (individually and collectively), and each of the
`aforementioned companies’ predecessors and successors, past and present parents, divisions,
`subsidiaries, affiliates, and related companies. For the avoidance of doubt, “Volkswagen” includes
`the named entities’ parent company, Volkswagen AG.
`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
`language you consider ambiguous and state the interpretation You are using in preparing your
`witness(es) to testify.
`
`
`
`
`
`
`Case 2:22-md-03034-TGB ECF No. 196-1, PageID.11493 Filed 11/16/23 Page 14 of 30
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`QUESTIONS
`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?
`Do you supply other TCU models not listed in prior Questions to Volkswagen
`6.
`(including their affiliates, subsidiaries, or other related companies) for intended use in North
`America?
`If you answered Question No. 6 in the affirmative, what are the model names of
`7.
`each such TCU?
`If you answered Question No. 6 in the affirmative, what models of modem chip
`8.
`(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.
`What is the complete software build identifier (possibly known as a “Chipset
`9.
`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.
`10. 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.
`
`
`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. 196-1, PageID.11494 Filed 11/16/23 Page 15 of 30
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`11. 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 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.
`12. 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.
`13. 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.
`If you identified additional TCU models in response to Questions No. 6–7, what
`14.
`are the complete software build identifiers (possibly known as the “chipset vendor stack version”)
`for the modem chip software build(s) installed on the modem chip used in each such TCU? In
`answering, please provide a full, valid modem chip software build identifier for each such TCU,
`and please match each such build to the TCU(s) in which it was used. If an individual model of
`TCU has used multiple software builds, 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.
`
`
`
`
`
`Case 2:22-md-03034-TGB ECF No. 196-1, PageID.11495 Filed 11/16/23 Page 16 of 30
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`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`EXHIBIT C
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`IN RE NEO WIRELESS, LLC
`PATENT LITIG.
`
`
`
`
`2:22-MD-03034-TGB
`
`HON. TERRENCE G. BERG
`
`
`
`PROTECTIVE ORDER
`Pursuant to Federal Rule of Civil Procedure 26(c), the Court hereby enters
`
`
`
`
`
`
`
`the following protective order:
`
`
`
`1.
`
`Designated Material – Any document or thing that a producing party
`
`reasonably and in good faith believes to contain confidential information that is not
`
`publicly available (such as research and development, commercial, or other
`
`sensitive information) may be produced by that party with the clear and obvious
`
`designation “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’
`
`EYES ONLY,” or “CONFIDENTIAL – RECEIVING PARTY ONLY”
`
`(“Designated Material”). The legend or stamp shall be placed on each page of the
`
`Protected Material (except deposition and hearing transcripts) for which such
`
`protection is sought. For deposition and hearing transcripts, the legend or stamp
`
`shall be placed on the cover page of the transcript (if not already present on the
`
`
`
`Case 2:22-md-03034-TGB ECF No. 196-1, PageID.11496 Filed 11/16/23 Page 17 of 30
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`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`cover page of the transcript when received from the court reporter) by each
`
`attorney receiving a copy of the transcript after that attorney receives notice of the
`
`designation of some or all of that transcript as Designated Material.
`
`
`
`2.
`
`Non-Disclosure of Confidential Information – Any document or
`
`thing designated as “CONFIDENTIAL” may only be used to prosecute or defend
`
`this action and shall not be disclosed to (or the content discussed with) anyone
`
`other than the following persons:
`
`a.
`
`Outside counsel of record in this Action and their support staff
`
`(e.g., copying and document management personnel).
`
`b.
`
`Personnel of the receiving party to the extent reasonably
`
`necessary for the litigation of this Action.
`
`c.
`
`Independent experts or consultants engaged by a party’s
`
`attorneys to assist in the preparation and trial of this case who
`
`agree to abide by the terms of this Protective Order by signing
`
`Exhibit A and who are approved by the producing party
`
`pursuant to paragraph 7 below.
`
`d.
`
`Deposition witnesses of the producing party whose testimony is
`
`being taken with respect to the document or thing, or about the
`
`subject matter of the document or thing, who (i) agree to abide
`
`by the terms of this Protective Order, (ii) are the author or
`
`
`
`Case 2:22-md-03034-TGB ECF No. 196-1, PageID.11497 Filed 11/16/23 Page 18 of 30
`
`HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY
`
`recipient of a document containing the information or a
`
`custodian or other person who otherwise possessed or knew the
`
`information, or (iii) are listed as a corporat