`
`By: Thomas Engellenner
`Pepper Hamilton LLP
`125 High Street
`19th Floor, High Street Tower
`Boston, MA 02110
`(617) 204-5100 (telephone)
`(617) 204-5150 (facsimile)
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`WAVEMARKET, INC. D/B/A LOCATION LABS
`Petitioner
`
`v.
`
`LOCATIONET SYSTEMS, LTD.
`Patent Owner
`___________________
`
`Case No. IPR2014-00199
`U.S. Patent 6,771,970
`___________________
`
`
`PATENT OWNER’S FIRST PROPOSED DISCOVERY REQUESTS
`TO PETITIONER
`
`
`#27800947 v1
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`
`
`Patent Owner Exhibit 2004
`
`
`
`
`
`Pursuant to the Board’s June 16, 2014 Order (Paper 28), Patent
`
`Owner, LocationNet Systems, Ltd., hereby submits its proposed document
`
`requests, interrogatory, and notice of deposition to Petitioner, Wavemarket, Inc.
`
`d/b/a Location Labs.
`
`DEFINITIONS
`
`1. The term “Petitioner” means Petitioner, Wavemarket, Inc. d/b/a Location
`
`Labs, its direct or indirect corporate parents, subsidiaries, affiliates,
`
`attorneys, agents, and representatives.
`
`2. The term “Sprint” means Sprint Nextel Corporation, its direct or indirect
`
`corporate parents,
`
`subsidiaries,
`
`affiliates,
`
`attorneys,
`
`agents,
`
`and
`
`representatives.
`
`3. The term “T-Mobile” means T-Mobile USA Inc., its direct or indirect
`
`corporate parents,
`
`subsidiaries,
`
`affiliates,
`
`attorneys,
`
`agents,
`
`and
`
`representatives.
`
`4.
`
`The term “AT&T” means AT&T Mobility, LLC, its direct or indirect
`
`corporate parents,
`
`subsidiaries,
`
`affiliates,
`
`attorneys,
`
`agents,
`
`and
`
`representatives.
`
`5. The term “IPR” means IPR2014-00199.
`
`6.
`
`The term “District Court Actions” means actions styled (1) CallWave
`
`Communications, LLC v. AT&T Mobility, LLC, and Google, Inc., Civil
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`#27800947 v1
`
`-2-
`
`Patent Owner Exhibit 2004
`
`
`
`
`
`Action No. 1:12-cv-01701-RGA (D. Del.); (2) CallWave Communications,
`
`LLC v. Sprint Nextel Corp. and Google, Inc., Civil Action No. 1:12-cv-
`
`01702-RGA (D. Del.); and (3) CallWave Communications, LLC v. T-Mobile
`
`USA Inc. and Google, Inc., Civil Action No. 1:12-cv-01703-RGA (D. Del.),
`
`in which CallWave asserted claims of infringement of U.S. Patent 6,771,970
`
`at issue in the IPR2014-00199.
`
`7. The term “Document” has the meaning accorded to that term by Federal
`
`Rule of Civil Procedure 34(a) and Federal Rule of Evidence 1001. In
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`addition, the term “All Documents” means Documents that You can locate
`
`through a diligent search of the locations likely to contain Documents
`
`requested herein and through a reasonable inquiry of Persons most likely to
`
`know of the existence of Documents requested herein.
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`8. The term “Communications” shall mean the transmission or receipt of
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`information through any means including voice, text, or any other
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`telecommunication whether oral or visual.
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`
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`#27800947 v1
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`-3-
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`Patent Owner Exhibit 2004
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`
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`DOCUMENT REQUESTS, INTERROGATORY, AND
`DEPOSITION NOTICE
`
`DOCUMENT REQUESTS
`
`1.
`
`All indemnification agreements and communications about the
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`indemnification by and between Petitioner and AT&T related to the patent
`
`infringement claims raised in the respective District Court Action involving
`
`AT&T.
`
`2.
`
`All indemnification agreements and communications about the
`
`indemnification by and between Petitioner and Sprint related to the patent
`
`infringement claims raised in the respective District Court Action involving Sprint.
`
`3.
`
`All indemnification agreements and communications about the
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`indemnification between Petitioner and T-Mobile related to the patent infringement
`
`claims raised in the respective District Court Action involving T-Mobile.
`
`4.
`
`All
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`joint defense and/or common
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`interest agreements and
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`communications about the joint defense and/or common interest agreements by
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`and between Petitioner on the one hand and AT&T, Sprint, and/or T-Mobile on the
`
`other hand related to the District Court Actions.
`
`5.
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`Documents or things containing communications between Petitioner
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`on the one hand and AT&T, Sprint, and/or T-Mobile on the other hand regarding
`
`preparation, filing, control, or funding of the IPR.
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`#27800947 v1
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`-4-
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`Patent Owner Exhibit 2004
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`
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`
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`6.
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`Copies of the engagement and/or retainer agreements between
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`Dentons U.S. LLP and Petitioner, AT&T, Sprint, and T-Mobile.
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`INTERROGATORY
`
`1.
`
`Identify any communication between Petitioner on the one hand and
`
`AT&T, Sprint, and/or T-Mobile on the other hand not reduced to a tangible form
`
`and not otherwise identified in any document or thing produced in response to
`
`Document Requests for Production Nos. 1-6, in which (i) indemnity, (ii) the
`
`preparation, filing, or funding of the IPR, or (iii) control or funding of the IPR was
`
`discussed. For any such communication, describe the topic, the individuals
`
`between whom the communications occurred, and the approximate date of the
`
`communication.
`
`DEPOSITION NOTICE
`
`Please produce for deposition individuals in the employ or control of
`
`Petitioner that authored or received documents or things produced in response to
`
`Document Requests Nos. 1-6 or who were identified in response to the
`
`Interrogatory. Any deposition conducted pursuant to this notice shall be at a time
`
`and place as may be agreed to by the parties or as may be ordered by the Board.
`
`Dated: July 15, 2014
`
`
`
`
`
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`
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`#27800947 v1
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`
`
`Respectfully submitted,
`By: /Thomas Engellenner/
`Thomas Engellenner, Reg. No. 28,711
`engellennert@pepperlaw.com
`
` Reza Mollaaghababa, Reg. No. 43,810
`
`-5-
`
`Patent Owner Exhibit 2004
`
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`
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`
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`
`
`mollaaghababar@pepperlaw.com
`
`Pepper Hamilton LLP
`125 High Street
`19th Floor, High Street Tower
`Boston, MA 02110
`(617) 204-5100 (telephone)
`(617) 204-5150 (facsimile)
`Attorney for Patent Owner
`
`
`
`
`
`
`
`
`
`
`#27800947 v1
`
`-6-
`
`Patent Owner Exhibit 2004
`
`
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