Case 1:14-cv-02396-PGG-SN Document 249-11 Filed 04/07/21 Page 1 of 4
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`Exhibit K
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`Exhibit K
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`Case 1:14-cv-02396-PGG-SN Document 249-11 Filed 04/07/21 Page 2 of 4
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`14 Civ. 2396 (PGG)
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`14 Civ. 9558 (PGG)
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`NETWORK-1 TECHNOLOGIES, INC.,
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`Plaintiff,
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`v.
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`GOOGLE, INC. and YOUTUBE, LLC,
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`Defendants.
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`PLAINTIFF NETWORK-1 TECHNOLOGIES, INC.’S THIRD SET OF REQUESTS FOR
`PRODUCTION OF DOCUMENTS AND THINGS FROM DEFENDANTS
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`Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, Plaintiff Network-1
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`Technologies, Inc. serves its Third Set of Requests for Production of Documents and Things on
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`Defendants Google, Inc. and YouTube, LLC (collectively “Defendants” or “Google”), as follows:
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`I.
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`INSTRUCTIONS AND DEFINITIONS
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`A.
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`INSTRUCTIONS
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`1.
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`Whenever an objection is asserted to a particular request or portion thereof, please
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`produce all responsive documents or parts thereof that are not subject to the objection. Similarly,
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`wherever a document is not produced in full, please state with particularity the reason or reasons it
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`is not being produced in full, and describe, to the best of your knowledge, information and belief
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`and with as much particularity as possible, those portions of the document which are not
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`produced.
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`2.
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`Please produce documents in such a manner as will facilitate their identification
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`with the particular request or category of requests to which they are responsive.
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`3.
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`The words “and” and “or” shall be construed both conjunctively and disjunctively,
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`and each shall include the other wherever such dual constructions will serve to bring within the
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`1
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`Case 1:14-cv-02396-PGG-SN Document 249-11 Filed 04/07/21 Page 3 of 4
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`embed a clickable hyperlink on any page displaying video content to an end user (including
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`without limitation the YouTube video-sharing websites <www.youtube.com> and
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`<m.youtube.com>), wherein the hyperlink is selected, generated, or provided based in whole or in
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`part upon a match identified using the ContentID system, or any other system in which extracted
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`features of an uploaded work are compared with a reference media work to identify a match. This
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`term includes, without limitation, the “click-to-buy” and “programming from claimed” features on
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`YouTube.
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`11.
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`The terms “person” or “persons” mean and include natural persons, corporations,
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`partnerships, limited partnerships, associations, organizations, joint ventures, groups, government
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`bodies or agencies, legal entities, or any other entities.
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`12.
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`The term “communication” means any oral or written transmission of information
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`between Persons, including but not limited to, meetings, discussions, conversations, telephone
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`calls, memoranda, letters, telecopies, telexes, conferences, or seminars.
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`II.
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`REQUESTS FOR DOCUMENTS AND THINGS
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`Documents and things relating or referring to U.S. Patent No. 8,904,464.
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`Documents and things relating to any contention that you do not directly infringe
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`55.
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`56.
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`U.S. Patent No. 8,904,464.
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`57.
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`Documents and things relating to any contention that any claim of U.S. Patent No.
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`8,904,464 is invalid and/or unenforceable due to double-patenting and/or failure to meet one or
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`more of the conditions of patentability and/or patent eligibility specified in Title 35 of the United
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`States Code, including, without limitation, sections 101, 102, 103, and/or 112.
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`58.
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`Documents relating to the level of ordinary skill in the art of U.S. Patent No.
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`8,904,464.
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`59.
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`Documents relating to alleged prior art to U.S. Patent No. 8,904,464.
`6
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`Case 1:14-cv-02396-PGG-SN Document 249-11 Filed 04/07/21 Page 4 of 4
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`60.
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`Documents relating to any searches performed by you or on your behalf of patents
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`or other prior art relating to U.S. Patent No. 8,904,464, including, but not limited to,
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`enforceability searches, infringement searches, validity searches, and prior art searches.
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`61.
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`Documents relating to any opinion, request for opinion, evaluation, analysis,
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`investigation, or search relating to the validity, scope, interpretation, construction, enforceability,
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`unenforceability, or the infringement or potential infringement of any of the claims of U.S. Patent
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`No. 8,904,464.
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`62.
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`Documents relating to when you first became aware of U.S. Patent No. 8,904,464
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`or any application from which U.S. Patent No. 8,904,464 issued.
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`63.
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`Documents relating to any planned, potential, or implemented design-around of
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`any claim of U.S. Patent No. 8,904,464, including any documents evidencing the cost and/or
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`effects of any such design-around.
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`64.
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`Documents between or among you and any other person or entity concerning this
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`litigation, U.S. Patent No. 8,904,464, or potential alleged prior art to U.S. Patent No. 8,904,464.
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`65.
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`66.
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`Documents sufficient to identify all versions of each Hyperlinking Feature.
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`Documents sufficient to evidence the conception, design, development,
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`implementation, testing, production, and operation of each Hyperlinking Feature, including
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`documents relating to research, functional specifications, design specifications, operational
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`specifications, other specifications, or similar documents.
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`67.
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`Documents sufficient to evidence the manuals, guides, instructions, and product
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`documentation for each Hyperlinking Feature.
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`68.
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`Source code (e.g., C++, Flash, Java, etc.) for each Hyperlinking Feature.
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`7
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