UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`Sipnet EU S.R.O.,
`
`Petitioner
`
`v.
`
`Straight Path IP Group, Inc.,
`
`Patent Owner
`
`______________
`
`Case No. IPR2013-00246
`
`U.S. Patent No. 6,108,704
`
`______________
`
`PATENT OWNER’S FIRST SET OF INTERROGATORIES UNDER 37
`C.F.R. § 42.51(a)
`
`October 28, 2013
`
`Straight Path Ex. 2027
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
`
`
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`Sipnet EU S.R.O.,
`
`Petitioner
`
`v.
`
`Straight Path IP Group, Inc.,
`
`Patent Owner
`
`______________
`
`Case No. IPR2013-00246
`
`U.S. Patent No. 6,108,704
`
`______________
`
`PATENT OWNER’S FIRST SET OF INTERROGATORIES UNDER 37
`C.F.R. § 42.51(a)
`
`October 28, 2013
`
`Straight Path Ex. 2027
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
`
`
`
`Case No. IPR2013-00246
`
`Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure and 37
`
`C.F.R. § 42.51(a), Straight Path IP Group, Inc. (“Patent Owner”) hereby requests
`
`that Sipnet EU S.R.O. (“Petitioner”) serve a written response to the interrogatories
`
`by December 2, 2013.
`
`DEFINITIONS
`
`1.
`
`The Definitions, Rules and Instructions set forth in Fed. R. Civ. P. 26
`
`through 37 are incorporated herein by reference.
`
`2.
`
`“And” and “or” shall be construed conjunctively or disjunctively,
`
`whichever makes the request more inclusive.
`
`3.
`
`4.
`
`“Any” or “each” shall be construed to include and encompass “all.”
`
`“Anyone” shall mean individuals, trusts, corporations, partnerships,
`
`joint ventures, limited liability companies, associations, unincorporated
`
`organizations or other legal entities.
`
`5.
`
`The terms “Sipnet,” “you,” “your,” and “Petitioner” mean Sipnet EU
`
`S.R.O., any predecessor companies or proprietorships, and each of its present and
`
`former employees, agents, officers, directors, representatives, consultants,
`
`accountants, experts, and attorneys, or other persons under its control or purporting
`
`to act on its behalf.
`
`6.
`
`The term “Stalker Software” mean Stalker Software, Inc.,
`
`CommuniGate Systems, Inc., Vladimir Butenko, any predecessor companies or
`
`2
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`Case No. IPR2013-00246
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`Case No. IPR2013-00246
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`proprietorships, and each of its present and former employees, agents, officers,
`
`directors, representatives, consultants, accountants, experts, and attorneys, or other
`
`persons under its control or purporting to act on its behalf.
`
`7.
`
`“Identify,” “specify,” or “identification” mean: When used with
`
`reference to a person, to state the person’s: full name; present business address, or
`
`if unavailable, last known business address; present home address, if a natural
`
`person, or if unavailable, last known home address; business affiliation, if a natural
`
`person, or if unavailable, last known business affiliation; and job title and
`
`description of the duties and responsibilities of such person, including all changes
`
`thereto. When used in connection with a communication, “identify” means to state
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`a brief description of the subject matter communicated; the date on which it took
`
`place; the means of communication (e.g., personal conversation, correspondence,
`
`telephone, telegram); the place or places where it occurred; and the identity of each
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`person who participated in the communication.
`
`8.
`
`“Person” or “persons” means any natural person, legal entity, or
`
`business entity, including, but not limited to, any corporation, partnership,
`
`unincorporated association, joint venture, sole proprietorship, or any and/or all
`
`other organizations or group of individuals.
`
`9.
`
`“Thing” or “things” means any physical specimen or other tangible
`
`item, other than a “document” as defined herein.
`
`3
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`Case No. IPR2013-00246
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`Case No. IPR2013-00246
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`10.
`
`The terms “patent-in-suit” or “’704 Patent” shall mean U.S. Patent
`
`No. 6,108,704.
`
`11.
`
`The “present Inter Partes Review” means Case No. IPR2013-00246.
`
`12. Any word not specifically defined herein shall be given its ordinary
`
`meaning.
`
`INSTRUCTIONS
`
`1.
`
`Any pronoun shall be construed to refer to the masculine, feminine, or
`
`neutral gender, in singular or plural, as each case is most appropriate.
`
`2.
`
`If you object to or otherwise refuse to answer any portion of an
`
`Interrogatory, state the objection or reason for such refusal and provide all
`
`information called for by that portion of the Interrogatory to which you do not
`
`object or that you do not decline to answer as follows:
`
`a.
`
`If you object to an Interrogatory on the grounds that it is too
`
`broad (i.e., that you believe it calls for both information which is relevant
`
`and is not relevant to the subject matter of the action), answer that
`
`Interrogatory by producing as much information as you believe is relevant;
`
`b.
`
`If you object to an Interrogatory on the grounds that to provide
`
`an answer would constitute an undue burden, provide as much of the
`
`requested information as can be provided without undertaking an undue
`
`burden; and
`
`4
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`Case No. IPR2013-00246
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`c.
`
`If you object to any portion of an Interrogatory on the grounds
`
`that it is vague or indefinite, you shall set forth your understanding of the
`
`allegedly vague or indefinite term and shall then provide a response based
`
`upon that stated understanding.
`
`3.
`
`If you object to an Interrogatory, or portion thereof, on the grounds
`
`that it seeks privileged information or the information is subject to an immunity
`
`from discovery, identify the basis for the claim of privilege or immunity,
`
`including:
`
`a.
`
`b.
`
`the author(s) or person(s) supplying the information;
`
`all persons to whom such information was and has been
`
`communicated;
`
`c.
`
`the form in which the information was communicated (letter,
`
`memorandum, tape-recording, etc.);
`
`d.
`
`e.
`
`f.
`
`the general subject matter of such information;
`
`the nature of the privilege or immunity asserted;
`
`the date(s) of said communication and/or any document(s)
`
`recording the information for which the privilege or immunity is asserted;
`
`and
`
`g.
`
`sufficient particulars about the information to allow Patent
`
`Owner to evaluate the claim of privilege or immunity from production.
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`Case No. IPR2013-00246
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`Case No. IPR2013-00246
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`INTERROGATORIES
`
`INTERROGATORY NO. 1
`
`Please identify anyone other than counsel at Kilpatrick Townsend &
`
`Stockton LLP, who contributed to, participated in, or were otherwise involved in
`
`the preparation of any filings in the present Inter Partes Review in any way.
`
`INTERROGATORY NO. 2
`
`Please identify anyone who provided or is currently providing payment,
`
`funding, financial assistance, or other monetary contributions to Petitioner and/or
`
`Petitioner’s counsel in connection with any filings in the present Inter Partes
`
`Review.
`
`INTERROGATORY NO. 3
`
`Please identify anyone, who exercised or is currently exercising direction
`
`and/or control or otherwise providing input to Petitioner or Petitioner’s counsel in
`
`connection with any filings in the present Inter Partes Review, including but not
`
`limited to providing or suggesting any patents; printed publications; legal
`
`arguments; facts; claim constructions; claim charts; exhibits or documents, or any
`
`other technical and/or legal input.
`
`INTERROGATORY NO. 4
`
`Please identify anyone at Petitioner or any counsel for Petitioner who
`
`participated in any litigation, and/or membership in any joint defense group (past
`
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`Case No. IPR2013-00246
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`or present) involving U.S. Patent No. 6,108,704, including but not limited to the
`
`Skype litigation (Case No. 06-2469, D.N.J. 2006) and Stalker litigation (Case No.
`
`2:12-cv-00007, E.D. Va. 2012).
`
`INTERROGATORY NO. 5
`
`Please identify anyone on behalf of Petitioner, including but not limited to
`
`Petitioner’s counsel, who has communicated or is communicating with Stalker
`
`Software about the ’704 Patent and/or the present Inter Partes Review and describe
`
`the specific nature of those communications.
`
`INTERROGATORY NO. 6
`
`Please identify anyone who identified or suggested counsel to represent
`
`Petitioner in connection with any filings in the present Inter Partes Review.
`
`INTERROGATORY NO. 7
`
`Please identify all third parties, who communicated or are currently
`
`communicating with Petitioner and/or Petitioner’s counsel in connection with any
`
`filings in the present Inter Partes Review.
`
`INTERROGATORY NO. 8
`
`Please identify how and when Petitioner became first aware of the ’704
`
`Patent.
`
`7
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`Case No. IPR2013-00246
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`Case No. IPR2013-00246
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`INTERROGATORY NO. 9
`
`Please identify the entire extent of business Petitioner conducts in the United
`
`States, including, but not limited to, providing services in the United States, selling
`
`products in the United States, litigating in Federal Courts in the United States, and
`
`filing patent applications in the United States Patent & Trademark Office.
`
`INTERROGATORY NO. 10
`
`Please identify or classify the relationship that Petitioner has with Stalker
`
`Software, including, but not limited to, an agency relationship, a licensee/licensor
`
`relationship, a customer-service provider relationship, or a parent company-
`
`subsidiary relationship.
`
`INTERROGATORY NO. 11
`
`Please identify all shareholders, owners, and/or persons with controlling
`
`interests of Sipnet.
`
`INTERROGATORY NO. 12
`
`Please identify the organizational structure of Sipnet, any affiliated corporate
`
`entities, and the nature of the relationship with each affiliate.
`
`INTERROGATORY NO. 13
`
`Please identify all shareholders, owners, and/or persons with controlling
`
`interests of Sipnet who are also shareholders, owners, and/or persons with
`
`controlling interests in Stalker Software.
`
`8
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`Case No. IPR2013-00246
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`Case No. IPR2013-00246
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`INTERROGATORY NO. 14
`
`Please identify all products and services provided by Stalker Software to
`
`Sipnet, including, but not limited to, CommuniGate Pro.1
`
`INTERROGATORY NO. 15
`
`Please explain the circumstances leading to the listing of Sipnet as a
`
`reference on CommuniGate’s customer list.2
`
`1 See http://www.sipnet.net/en/contacts.
`
`2 See https://www.communigate.com/main/customers/references.html.
`
`9
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`Case No. IPR2013-00246
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`Case No. IPR2013-00246
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`Date: October 28, 2013
`
`Respectfully Submitted,
`
`/Patrick J. Lee/
`Patrick J. Lee (Reg. No. 61,746)
`Fisch Hoffman Sigler LLP
`5335 Wisconsin Avenue
`Suite 830
`Washington, D.C. 20015
`Telephone: 202-362-3500
`Fax: 202-362-3501
`Email: patrick.lee@fischllp.com
`
`10
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`Straight Path Ex. 2027
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`Case No. IPR2013-00246
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`Case No. IPR2013-00246
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that this PATENT OWNER’S FIRST SET
`OF INTERROGATORIES was served, by agreement of the parties, by electronic
`mail on counsel for the Petitioner on October 28, 2013 as follows:
`
`Paul C. Haughey
`Michael T. Morlock
`Kilpatrick Townsend & Stockton, LLP
`phaughey@kilpatricktownsend.com
`mmorlock@kilpatricktownsend.com
`
`Dated: October 28, 2013
`
`/ Patrick J. Lee /
`
`Patrick J. Lee
`Registration No. 61,746
`Fisch Hoffman Sigler LLP
`5335 Wisconsin Avenue NW
`Suite 830
`Washington, DC 20015
`Telephone: 202-362-3500
`Fax: 202-362-3501
`Email: patrick.lee@fischllp.com
`Attorney for Patent Owner
`
`11
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`Case No. IPR2013-00246
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`
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