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`EXHIBIT 2001
`EXHIBIT 2001
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`Filed on behalf of: Telefonaktiebolaget L. M. Ericsson
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
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`BROADCOM CORPORATION
`
`Petitioner
`
`v.
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`TELEFONAKTIEBOLAGET L.M. ERICSSON
`
`Patent Owner
`____________________
`
`Case IPR2013-00601, -602, and -636
`Patent Nos. 6,772,215, 6,466,568, and 6,424,625
`____________________
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`Patent Owner’s Requests For Production
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`PATENT OWNER’S REQUESTS FOR PRODUCTION
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`Pursuant to 37 C.F.R.§ 42.51(b), Patent Owner Ericsson Telefonaktiebolaget L.M.
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`
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`Ericsson (“Ericsson”) hereby requests that Petitioner Broadcom, Inc. (“Broadcom”) produce for
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`inspection and copying the documents requested below, within 20 days of the Board’s Order,
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`service thereof at the offices of Lee & Hayes, 13809 Research Blvd., Suite 405, Austin, TX
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`78750. Due to the timing and scheduling order, Ericsson requests that Broadcom produce its
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`responses on a rolling basis, with any contracts or agreements in Request Nos. 1-3 being
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`produced as early as possible.
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`INSTRUCTIONS
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`1.
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`If any of the following requests cannot be answered in full after exercising due diligence
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`to secure the information, please so state and answer to the extent possible, specifying your
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`inability to answer the remainder and stating whatever information you have concerning the
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`unanswered portions.
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`2.
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`You must produce all documents responsive to these requests which are in your actual or
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`constructive possession, custody or control, including all documents within the actual or
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`constructive possession, custody or control of any representative, agent, employee, attorney,
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`accountant, investigator or any person acting for you or on your behalf.
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`3.
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`All documents are to be produced as they are kept in the usual course of business, in the
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`files in which such documents have been maintained, and in the order within each file in which
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`such documents have been maintained; or all documents shall be organized and labeled to
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`correspond with the requests below.
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`4.
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`If you withhold any document(s) from production on the basis of a claim of attorney-
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`client or any other privilege, or on the basis of the attorney work-product doctrine, you must set
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`forth with specificity the privilege or work product claim and furnish a list identifying each
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`document for which the privilege or work product doctrine is claimed and a description thereof.
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`5.
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`If, in responding to the requests, you claim that there is any ambiguity in either a
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`particular request or in a definition or an instruction applicable to the request, that claim shall not
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`be used by you as a basis for refusing to respond, but you shall set forth as part of the response
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`the language deemed to be ambiguous and the interpretation chosen or used in responding to the
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`particular request.
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`6.
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`Electronic records and computerized information are to be produced in an intelligible
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`format together with a description of the system from which it is derived sufficient to permit
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`rendering the material intelligible.
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`7.
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`The requests are to be regarded as continuing, and you are requested to provide any
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`additional information or documents by way of supplemental responses as specified in Federal
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`Rule of Civil Procedure 26(e).
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`DEFINITIONS
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`1.
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`The terms "you," "your," "Broadcom," and "Petition" refer to Broadcom Corporation and
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`each of its directors, officers, employees, agents, representatives, affiliates, predecessors,
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`successors, assigns, or licensees, privies, and any other person or entity acting or purporting to
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`act on its behalf, and, unless privileged, its attorneys.
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`2.
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`The term “the D-Link Litigation” refers to Ericsson Inc. et al. v. D-Link Corp., et al.,
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`Civil Action No. 6:10-CV-473 (LED/KGF) in the United States District Court for the Eastern
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`District of Texas.
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`3.
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`The term “the D-Link Defendants” refers to the Defendants in Ericsson Inc. et al. v. D-
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`Link Corp., et al., Civil Action No. 6:10-CV-473 (LED/KGF), collectively, including D-Link
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`
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`Corporation, D-Link Systems, Inc., Netgear, Inc., Acer Inc., Acer America Corporation,
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`Gateway Inc., Dell, Inc., Toshiba Corporation, Toshiba America, Inc., Toshiba America
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`Information Systems, Inc., Toshiba America Consumer Products, LLC, Belkin International,
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`Inc., and Intel Corporation.
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`4.
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`5.
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`6.
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`The term “the ‘568 Patent” refers to U.S. Patent No. 6,466,568.
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`The term “the ‘625 Patent” refers to U.S. Patent No. 6,424,625.
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`The term “the ‘215 Patent” refers to U.S. Patent No. 6, 772,215.
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`REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS
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`REQUEST FOR PRODUCTION NO. 1: All executed contracts or agreements
`between Broadcom and any of the D-Link Defendants relating to Wi-Fi compliant products, such
`as the BCM4313 and BCM4321, that are used in any of the D-Link Defendants’ products
`accused of infringement in the D-Link Litigation.
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`RESPONSE:
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`RESPONSE:
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`REQUEST FOR PRODUCTION NO. 2: All executed contracts or agreements between
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`Broadcom and any of the D-Link Defendants that include any indemnity or duty to defend
`provisions.
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`REQUEST FOR PRODUCTION NO. 3: All joint defense agreements, or other
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`agreements addressing cooperation on the defense of the D-Link Litigation, between Broadcom
`and any of the D-Link Defendants relating to the D-Link Litigation.
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`RESPONSE:
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`RESPONSE:
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`REQUEST FOR PRODUCTION NO. 4: All invoices provided to or received from any
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`of the D-Link Defendants, or their counsel, seeking reimbursement for any fees or expenses
`incurred in the D-Link Litigation.
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`REQUEST FOR PRODUCTION NO. 5: Records of any payments made by Broadcom
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`to any of the D-Link Defendants, or their counsel, or to Ericsson, pursuant to any actual or
`alleged contractual duty to defend or indemnify any the D-Link Defendants for any fees or
`expenses incurred in the D-Link Litigation.
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`REQUEST FOR PRODUCTION NO. 6: All emails and written correspondence
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`between any of the D-Link Defendants, or their counsel, and Broadcom, or its counsel, relating
`to any claimed duty of Broadcom to defend or indemnify any of the D-Link Defendants in the D-
`Link Litigation from January 1, 2010 to the present.
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`RESPONSE:
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`RESPONSE:
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`REQUEST FOR PRODUCTION NO. 7: All emails and written correspondence
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`between Broadcom, or its counsel, and any of the D-Link Defendants, or their counsel, from
`January 1, 2010 to the present relating to:
`
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`A. The filing of IPR2013-00601, IPR2013-00602, and IPR2013-00636;
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`
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`B. Intervention by Broadcom in the D-Link Litigation;
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`C. The claim construction or interpretation of any of the patents at issue in the D-Link
`Litigation, including, but not limited to, the ‘568 Patent, the ‘625 Patent, or the ‘215
`Patent; and
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`D. The validity or alleged invalidity of any of the patents at issue in the D-Link
`Litigation, including, but not limit to, the ‘568 Patent, the ‘625 Patent, or the ‘215
`Patent.
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`RESPONSE:
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`Dated: December 11, 2013.
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`
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`
`
` /Peter J. Ayers/
`PETER AYERS, Reg. No. 38,374
`Lee & Hayes, PLLC
`13809 Research Blvd., Suite 405
`Austin, TX 78750
`Telephone: 512.505.8162
`Fax: 509.944.4693
`Attorney for Patent Owner Telefonaktiebolaget
`L.M. Ericsson
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`
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that on December 3, 2013 the foregoing PATENT
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`OWNER’S REQUESTS FOR PRODUCTION was served on Lead and Back-up
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`Counsel for Broadcom Corporation by sending the same via Federal Express to the
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`service address provided in Broadcom’s Mandatory Notices:
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`Dominic E. Massa, Lead Counsel
`Michael A. Diener, Back-up Counsel
`Wilmer Cutler Pickering Hale and Dorr, LLP
`60 State Street
`Boston, MA 02109
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`
`
`
` /Peter J. Ayers/
`Peter J. Ayers, Reg. No. 38,374
`
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