Case4:14-mc-80112-JSW Document17-2 Filed05/05/14 Page2 of 18
`AO 88A (Rev. 12/13) Subpoena to Testify at a Deposition in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`__________ District of __________
` District of Delaware
`
`Civil Action No.
`
`12-cv-1701
`
`))))))
`
`Callwave Communications LLC
`Plaintiff
`v.
`AT&T Inc., AT&T Mobility, LLC, and Google, Inc.
`
`Defendant
`
`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
`
`To:
`
`Wavemarket, Inc., d/b/a LocationLabs, 5980 Horton Street, Suite 675, Emeryville, CA 94608
`
`(Name of person to whom this subpoena is directed)
`✔
`(cid:117) Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a
`deposition to be taken in this civil action. If you are an organization, you must designate one or more officers, directors,
`or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or
`those set forth in an attachment:
`See Attachment B
`
`Place:
`
`Pepper Hamilton, LLP, 555 Twin Dolphin Drive
`Suite 310 Redwood City
`California, 94065
`
`Date and Time:
`
`03/07/2014 9:00 am
`
`The deposition will be recorded by this method:
`
`Steographer and videographer.
`
`✔
`(cid:117) Production: You, or your representatives, must also bring with you to the deposition the following documents,
`electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the
`material:
`See Attachment A.
`
`The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`
`Date:
`
`02/10/2014
`
`CLERK OF COURT
`
`Signature of Clerk or Deputy Clerk
`
`OR
`
`/s/ Benjamin Snitkoff
`Attorney’s signature
`
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`Callwave Communications LLC
`, who issues or requests this subpoena, are:
`Benjamin Snitkoff, 125 High Street, 19th Floor, High St. Tower, Boston, MA 02143
`617-204-5114 snitkoffb@pepperlaw.com
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things, a notice
`and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is
`directed. Fed. R. Civ. P. 45(a)(4).
`
`Patent Owner Exhibit 2008
`
`

`

`Case4:14-mc-80112-JSW Document17-2 Filed05/05/14 Page3 of 18
`Case 1:12-cv-01701-RGA Document 74-1 Filed 02/20/14 Page 3 of 19 PageID #: 1464
`
`Patent Owner Exhibit 2008
`
`

`

`Case4:14-mc-80112-JSW Document17-2 Filed05/05/14 Page4 of 18
`
`
`
`ATTACHMENT A
`
`DEFINITIONS
`
`1.
`
`The terms “Plaintiff” or “Callwave” refer to Callwave Communications, LLC,
`
`including any of its past and present affiliates, operating divisions, parent corporations,
`
`subsidiaries, directors, officers, agents, employees, representatives, and all Persons acting on its
`
`behalf.
`
`2.
`
`The terms “Defendant” or “Defendants” mean Google, Inc., AT&T Mobility,
`
`LLC, Sprint Nextel Corp., T-Mobile USA Inc., Verizon Communication, Inc. Cellco Partnership,
`
`d.b.a. Verizon Wireless, Blackberry Corp., and Blackberry Ltd., on an individual basis, and
`
`includes any and all affiliates, divisions, successors, predecessors, agents, employees,
`
`representatives, directors, officers, trustees, and attorneys, or any other Person or entity acting on
`
`behalf of the foregoing, directly or indirectly.
`
`3.
`
`The terms “You”, or “Your” mean WaveMarket, Inc. d/b/a LocationLabs, and
`
`includes any and all affiliates, divisions, successors, predecessors, agents, employees,
`
`representatives, directors, officers, trustees, and attorneys, or any other Person or entity acting on
`
`behalf of the foregoing, directly or indirectly.
`
`4.
`
`5.
`
`6.
`
`The term “’970 Patent” refers to U.S. Patent No. 6,771,970.
`
`The term “Patent-in-Suit” refers to the ’970 Patent.
`
`The term “Prior Art” means all categories of prior art that may be applied under
`
`35 U.S.C. §102 or §103.
`
`7.
`
`The term “Litigation” means, either individually or collectively. the cases filed in
`
`the Federal District Court for the District of Delaware with the following docket numbers: 12-cv-
`
`1701, 12-cv-1702, 12-cv-1703, 12-cv-1704, and 12-cv-1788.
`
`
`
`Patent Owner Exhibit 2008
`
`

`

`Case4:14-mc-80112-JSW Document17-2 Filed05/05/14 Page5 of 18
`
`
`
`8.
`
`The term “Accused Product(s)” means Google’s location services, including but
`
`not limited to Google Maps, Google Latitude, and Google Mobile Search, AT&T Family Map,
`
`Sprint Family Locator, T-Mobile Family Where, T-Mobile MobiControl, Verizon Family
`
`Location, BlackBerry Maps, and/or BlackBerry Protect, and any related or substantially similar
`
`product or service made, used, offered for sale, sold and/or imported into the United States by a
`
`Defendant.
`
`9.
`
`The term “Your Product(s)” means the WaveMarket Locator product, any private
`
`label or branded versions of the Wave Market Locator, any component thereof, and any related
`
`or substantially similar product or service made, used, offered for sale, sold and/or imported into
`
`the United States.
`
`10.
`
`The term “Person” refers both to natural Persons and entities including individual
`
`proprietorships, partnerships, corporations, associations, joint ventures and other organizations,
`
`and the acts and knowledge of a Person include the acts and knowledge of that Person’s
`
`directors, officers, members, employees, representatives, agents, and attorneys.
`
`11.
`
`The term “Document(s)” means Documents and tangible things, including
`
`electronically stored information, and includes the full scope of the definition of such term as
`
`provided by the Federal Rules of Civil Procedure.
`
`12.
`
`The term “Communication” includes, without limitation, every manner or means
`
`of statement, utterance, notation, disclaimer, transfer, or exchange of information of any nature
`
`whatsoever, by or to whomever, whether oral or written or whether face to face, by telephone,
`
`mail, e-mail, personal delivery or otherwise, including by not limited to letters, correspondence,
`
`conversations, memoranda, e-mail, dialogue, discussions, meetings, interviews, consultations,
`
`agreements, and other understandings.
`
`
`
`
`
`2
`
`
`
`Patent Owner Exhibit 2008
`
`

`

`Case4:14-mc-80112-JSW Document17-2 Filed05/05/14 Page6 of 18
`
`
`
`13.
`
`“Technical Document(s)” or “Technical Documentation” means Document(s),
`
`including Documents from third parties in Your possession, custody, or control, describing
`
`and/or identifying the design, structure, layout, development, function, implementation, and/or
`
`operation of the Accused Products. Technical Document(s) include, but are not limited to,
`
`software, Source Code, firmware, datasheets, digital or analog schematics, block diagrams,
`
`circuit diagrams, technical drawings, testing and verification procedures or manuals, layouts,
`
`layout specifications, computer aided design (“CAD”) Documents, design and/or functional
`
`specifications, process designs, software interface specifications, software specifications,
`
`software architecture Documents, software development kits (SDKs), white papers, testing
`
`Documents, performance optimization and/or tuning Documents, tutorials, presentations,
`
`hardware and/or firmware specifications, hardware and/or firmware architecture Documents,
`
`reference designs, technical reference manuals, engineering specifications, requirements
`
`specifications, maintenance manuals, user installation or operation manuals, installation or
`
`operation manuals, third-party APIs and interfaces, development and/or technology presentations
`
`for internal use, investors, customers, or suppliers, white papers, case studies, and functional
`
`specifications.
`
`14.
`
`The term “Source Code” means human-readable programming language text that
`
`defines software, firmware (collectively “Software Source Code”) and/or integrated circuits
`
`(“Hardware Source Code”). Source Code further includes the text of any comments associated
`
`with any of the foregoing, any files containing any of the foregoing, and all directory and folder
`
`structures in which such files are maintained. Software Source Code includes, but is not limited
`
`to, any text written in any high-level programming language defining firmware and/or software
`
`functionalities implemented on an integrated circuit, files containing text written in C, C++, C#,
`
`
`
`
`
`3
`
`
`
`Patent Owner Exhibit 2008
`
`

`

`Case4:14-mc-80112-JSW Document17-2 Filed05/05/14 Page7 of 18
`
`
`
`Objective C, MATLAB, assembly language and macros, digital signal processor (DSP)
`
`programming languages, and other programming languages. Software Source Code further
`
`includes any “.include files,” “make” files, “link” files, and other human-readable text files used
`
`in the generation and/or building of firmware or software.
`
`15.
`
`“Identify,” when used with reference to:
`
`a)
`
`b)
`
`c)
`
`d)
`
`an individual Person, means to state his or her full
`name, present or last known employer, job title,
`general job description, present or last known
`residence addresses and telephone number, and
`present or last known business addresses and
`telephone number;
`
`a business entity, means to state the full name and
`address of the entity and the names and positions of
`the individual or individuals connected with such
`entity who have knowledge of the information
`requested;
`
`a Document, means to identify the Document by
`bates number, or if it is not bates numbered, to state
`the type of Document (letter, memorandum, email,
`etc.), its date, author(s) or originator(s),
`addressee(s), all individuals who received copies of
`the Document, the identity of Persons known or
`presumed by You to have present possession,
`custody or control thereof, and a brief description of
`the subject matter and present location.
`
`a product, system or method means to specify a part
`number, trade name, catalog number, version
`number, and any other designation used to refer to
`the product, system or method.
`
`16.
`
`The terms “relate,” “relating,” or “related” mean in any way, directly or
`
`indirectly, in whole or part, relating to, concerning, referring to, discussing, mentioning,
`
`regarding, pertaining to, describing, reflecting, containing, analyzing, studying, reporting on,
`
`commenting on, evidencing, constituting, setting forth, considering, recommending, modifying,
`
`
`
`
`
`4
`
`
`
`Patent Owner Exhibit 2008
`
`

`

`Case4:14-mc-80112-JSW Document17-2 Filed05/05/14 Page8 of 18
`
`
`
`amending, confirming, endorsing, representing, supporting, qualifying, terminating, revoking,
`
`refuting, undermining, canceling, contradicting, or negating.
`
`17.
`
`The connectives “and” and “or” shall be construed either disjunctively or
`
`conjunctively as necessary to bring within the scope of the discovery request all responses that
`
`might otherwise be construed to be outside of its scope.
`
`18.
`
`The term “any” should be understood in either its most or least inclusive sense as
`
`will bring within the scope of the discovery request all responses that might otherwise be
`
`construed to be outside of its scope.
`
`19.
`
`20.
`
`The use of the singular form of any word includes the plural and vice versa.
`
`The term “Vendor” means any company or Person that sells, offers for sale, or
`
`provides to You, or makes or uses on Your behalf, all or any part or component of any Accused
`
`Product and/or Your Product.
`
`21.
`
`The term “state in detail” means to give a complete and full description
`
`concerning the matter about which inquiry is made, including the full name, address and
`
`telephone number of Persons involved, if appropriate, along with dates, times, places, amounts,
`
`acts, logic, and other particulars that make the answer to the interrogatory fair and meaningful.
`
`INSTRUCTIONS
`
`The following instructions apply to each request for production unless otherwise
`
`explicitly stated.
`
`1.
`
`In producing requested Documents, You are directed to furnish all Documents
`
`available to You including, by way of illustration and not limited to, Documents in the
`
`possession, custody, or control of Your consultants, experts, advisors, agents, or associates, Your
`
`present or former attorneys, and their consultants or investigators. If no Documents available to
`
`
`
`
`
`5
`
`
`
`Patent Owner Exhibit 2008
`
`

`

`Case4:14-mc-80112-JSW Document17-2 Filed05/05/14 Page9 of 18
`
`
`
`You are responsive to a particular request, You are directed to state that no responsive
`
`Documents exist.
`
`2.
`
`In the event that You claim that a request is objectionable, You shall respond to
`
`that portion of the request that You believe is unobjectionable, and specifically Identify the
`
`respect in which the request is allegedly objectionable.
`
`3.
`
`If, after responding to any request, You obtain or become aware of any further
`
`information responsive to these requests, You are required to supplement Your responses and to
`
`provide Plaintiff with such additional Documents in accordance with Rule 26(e) of the Federal
`
`Rules of Civil Procedure.
`
`4.
`
`If the attorney-client privilege, work product protection, and/or any other
`
`privilege, protection, or immunity is asserted as to any Document, Communication, or other
`
`item, either as to part thereof or in its entirety, You are directed to provide a privileged document
`
`list specifying the following:
`
`a) The full identity of the Document, Communication, or
`other item, information, or material for which such
`privilege, protection, or immunity is asserted, including the
`name/title and date; the name and title of its author/sender;
`the name and title of each addressee/recipient; and the
`name and title of each Person to whom a copy of the
`Document, Communication, or other item has been sent or
`received.
`
`b) A summary statement of the general subject matter of such
`Document, Communication, or other item in sufficient
`detail to permit a determination of the propriety of such
`claim;
`
`c) The bases for any such claim of privilege, protection, or
`immunity with respect to each such Document,
`Communication, or other item.
`
`Further, to the extent the claim of attorney-client privilege, work product protection, and/or any
`
`other privilege, protection, or immunity is not being asserted as to the entirety of a Document,
`
`
`
`
`
`6
`
`
`
`Patent Owner Exhibit 2008
`
`

`

`Case4:14-mc-80112-JSW Document17-2 Filed05/05/14 Page10 of 18
`
`
`
`Communication, or other item, You are directed to produce the Document, Communication, or
`
`other item in a form that redacts only that portion of the Document, Communication, or other
`
`item covered by such claim of privilege, protection, or immunity.
`
`5.
`
`You must preserve and produce all Documents in Your possession, custody or
`
`control that are relevant to the claims or defenses in this lawsuit or reasonably calculated to lead
`
`to the discovery of admissible evidence. You are in the best position to know the nature and
`
`extent of discoverable Documents in Your possession, custody or control, and any limits on these
`
`discovery requests should not be used to justify the loss, overwriting, purging, deletion,
`
`destruction or non-production of anything discoverable. Before You permit any such loss,
`
`overwriting, purging, deletion, or destruction, You should confer with Plaintiff to seek to resolve
`
`the issue consistent with the Federal Rules of Civil Procedure, Local Rules, Local Patent Rules
`
`and orders of the Court.
`
`6.
`
`If any Documents referred to in Your response to these requests were, but are no
`
`longer in Your possession, custody, or control, state what disposition was made of such
`
`Documents and when. If any Documents referred to in response to these requests has been lost
`
`or destroyed, state in detail the circumstances of such loss or destruction and Identify each
`
`Document lost or destroyed (and all files that contained such Documents).
`
`7.
`
`Form of Production: Imaged copies of responsive and non-privileged Documents
`
`shall be provided in TIFF format. TIFF files shall be single-page and shall be named based on
`
`the unique page ID, which will begin with the BegDoc number for the first page of each
`
`Document and continue sequentially for each page thereafter, followed by the extension “.TIF”.
`
`The Documents should be logically unitized (i.e., contain correct Document breaks) with the
`
`beginning and ending Bates ranges to account for the breaks between Documents. An image
`
`
`
`
`
`7
`
`
`
`Patent Owner Exhibit 2008
`
`

`

`Case4:14-mc-80112-JSW Document17-2 Filed05/05/14 Page11 of 18
`
`
`
`load file for use with Opticon/IPRO, preferably an .LFP or .OPT file, shall be provided to
`
`indicate the location of the TIFF. A data load file compatible with Concordance, Summation, or
`
`Relativity shall also be provided that includes the following objective coding fields: “BegProd,”
`
`“EndProd,” “Pages” and “Volume.” Document level OCR text files shall be provided, except for
`
`Documents in a foreign language. Notwithstanding the foregoing, You should produce English
`
`language versions of any foreign language Documents that have been translated to English, as
`
`well as Document level OCR text files for all such translated versions of Documents. Each file
`
`will be named using the bates number of the first page of the Document (e.g., a four page
`
`Document that starts with ABC0000001 will bear the name ABC0000001.TXT). With respect to
`
`Documents containing redacted text, OCR will be provided for the non-redacted text.
`
`8.
`
`Each request for production shall be construed independently and not with
`
`reference to any other request for the purpose of limitation, unless otherwise specified.
`
`9.
`
`Unless another time period is specified by the particular request, each request
`
`refers to and includes the period from December 12, 2006 through the present.
`
`
`
`
`
`
`
`8
`
`
`
`Patent Owner Exhibit 2008
`
`

`

`Case4:14-mc-80112-JSW Document17-2 Filed05/05/14 Page12 of 18
`
`
`
`REQUESTS FOR PRODUCTION
`
`You are requested to produce the following:
`
`1.
`
`2.
`
`All Documents that You consider to be Prior Art to the Patent-in-Suit.
`
`All Documents and Communications relating to any and all searches,
`
`investigations, or analyses You performed, or was performed on your behalf, concerning Prior
`
`Art to the Patent-in-Suit.
`
`3.
`
`All Documents and Communications relating to the patentability,
`
`unenforceability, validity, infringement, level of ordinary skill in the art, or state of the art at the
`
`time of the invention of the Patent-in-Suit.
`
`4.
`
`All Documents and Communications relating to any and all opinions, evaluations,
`
`advice, and analyses prepared by or on behalf of You relating to the validity, invalidity,
`
`infringement, non-infringement, enforceability, unenforceability, patentability, unpatentability,
`
`or claim scope of the Patent-in-Suit including, but not limited to, all Documents reviewed in
`
`formulating such opinions, evaluations, advice, or analyses.
`
`5.
`
`All Documents and Communications relating to any and all opinions, evaluations,
`
`advice, and analyses given to or received by any Defendant relating to the validity, invalidity,
`
`infringement, non-infringement, enforceability, unenforceability, patentability, unpatentability,
`
`or claim scope of the Patent-in-Suit including, but not limited to, all Documents reviewed in
`
`formulating such opinions, evaluations, advice, or analyses.
`
`6.
`
`All Documents or Communications relating to any effort(s) by You to design
`
`around the Patent-in-Suit.
`
`
`
`
`
`9
`
`
`
`Patent Owner Exhibit 2008
`
`

`

`Case4:14-mc-80112-JSW Document17-2 Filed05/05/14 Page13 of 18
`
`
`
`7.
`
`All Documents and Communications relating to any and all comparisons between
`
`the Patent-in-Suit, Your Products, and any Accused Product whether prepared by You or anyone
`
`acting on Your behalf.
`
`8.
`
`All Documents and Communications relating to the Patent-in-Suit, Callwave, or
`
`the Litigation.
`
`9.
`
`All Documents and Communications or Documents exchanged between You and
`
`any other party relating to the Patent-in-Suit, CallWave, Your Product, any Accused Product, or
`
`the Litigation.
`
`10.
`
`All Documents and Communications relating to any indemnification obligations,
`
`duty, or request related to any Defendant, the Patent-in-Suit, Your Product, any Accused
`
`Product, or the Litigation.
`
`11.
`
`All Documents and Communications relating to any indemnification obligations
`
`owed to You or any indemnification requests that You have made in connection with the Patent-
`
`in-Suit, Your Product, any Accused Product, or the Litigation.
`
`12.
`
`All Documents and Communications relating to any indemnification obligations
`
`owed by You to any Defendant or any indemnification requests that have been made to You in
`
`connection with the Patent-in-Suit, Your Product, any Accused Product, or the Litigation.
`
`13.
`
`All Documents and Communications related to Your Product or any Accused
`
`Products.
`
`14.
`
`All Documents and Communications received from, provided to, or
`
`communicating with any Defendant related to Your Product or any Accused Products.
`
`15.
`
`All Documents and Communications related to any agreements You have with
`
`any Defendant or other third party, including but not limited to joint ventures, joint defense
`
`
`
`
`
`10
`
`
`
`Patent Owner Exhibit 2008
`
`

`

`Case4:14-mc-80112-JSW Document17-2 Filed05/05/14 Page14 of 18
`
`
`
`agreements, supply agreements, contracts, or partnerships, related to Your Product or any
`
`Accused Product.
`
`16.
`
`All Documents and Communications received from, provided to, or
`
`communicating with any Defendant related to any agreements You have with any Defendant or
`
`other third party, including but not limited to joint ventures, joint defense agreements, supply
`
`agreements, contracts, or partnerships, related to Your Product or any Accused Product.
`
`17.
`
`All Documents and Communications related to any intellectual property, licenses,
`
`or prospective licenses You have with any Defendant or other third party relating to Your
`
`Product or any Accused Product.
`
`18.
`
`All Documents and Communications received from, provided to, or
`
`communicating with any Defendant related to related to any intellectual property, licenses, or
`
`prospective licenses You have with any Defendant or other third party relating to Your Product
`
`or any Accused Product.
`
`19.
`
`All Documents and Communications relating to any sales or marketing of Your
`
`Product, or any Accused Product, whether generated by You or a third party.
`
`20.
`
`All Documents and Communications received from, provided to, or
`
`communicating with any Defendant relating to any sales or marketing of Your Product, or any
`
`Accused Product, whether generated by You or a third party.
`
`21.
`
`All Documents and Communications relating to any instructions, user guides,
`
`installation guide, developer guide, manuals, maintenance manuals, or training or instructional
`
`materials related to Your Product, or any Accused Product, whether generated by You or a third
`
`party.
`
`
`
`
`
`11
`
`
`
`Patent Owner Exhibit 2008
`
`

`

`Case4:14-mc-80112-JSW Document17-2 Filed05/05/14 Page15 of 18
`
`
`
`22.
`
`All Documents and Communications received from, provided to, or
`
`communicating with any Defendant relating to any instructions, user guides, installation guide,
`
`developer guide, manuals, maintenance manuals, or training or instructional materials related to
`
`Your Product, or any Accused Product, whether generated by You or a third party.
`
`23.
`
`All Documents and Communications relating to any product literature,
`
`specifications, or other descriptions of features or uses and related to the Your Products or any
`
`Accused Product, whether generated by You or a third party.
`
`24.
`
`All Documents and Communications, received from, provided to, or
`
`communicating with any Defendant relating to any product literature, specifications, or other
`
`descriptions of features or uses and related to the Your Products or any Accused Product,
`
`whether generated by You or a third party.
`
`25.
`
`Documents sufficient to describe Your corporate organization and departmental
`
`structure.
`
`26.
`
`Documents sufficient to describe Your corporate organization, departmental
`
`structure, including without limitation, training, sales, marketing, engineering, product design,
`
`product development, product testing, verification and implementation.
`
`27.
`
`Documents sufficient to Identify all department leaders or managers overseeing
`
`and or supervising personnel involved in engineering, design, development, testing, verification,
`
`or implementation.
`
`28.
`
`Documents sufficient to Identify all Vendors, partners, suppliers, affiliates,
`
`collaborators, dealers, sellers, wholesalers, merchants, retailers, distributors, or any other third
`
`parties that sell, offer, market, advertise, promote, provide, distribute, deliver, or otherwise make
`
`available Your Product or any Accused Product.
`
`
`
`
`
`12
`
`
`
`Patent Owner Exhibit 2008
`
`

`

`Case4:14-mc-80112-JSW Document17-2 Filed05/05/14 Page16 of 18
`
`
`
`29.
`
`Documents sufficient to Identify all Vendors, partners, suppliers, affiliates,
`
`collaborators, dealers, sellers, wholesalers, merchants, retailers, or any other third parties that
`
`provide or have provided any component or service related to, Your Product or any Accused
`
`Product, including but not limited to, design, programing, or testing.
`
`30.
`
`Documents sufficient to Identify all Vendors, partners, suppliers, affiliates,
`
`collaborators, dealers, sellers, wholesalers, merchants, retailers, business contacts, or any other
`
`third parties that support, maintain, repair, or service Your Product or any Accused Product.
`
`31.
`
`32.
`
`All Technical Documents relating to Your Product or any Accused Product.
`
`All Technical Documents relating to the design, structure, function, operation, or
`
`implementation of Your Product.
`
`33.
`
`All Technical Documents relating to the design, structure, function, operation, or
`
`implementation of any Accused Product.
`
`34.
`
`All Technical Documents You received or have access to from any Vendors,
`
`Defendants, or other third parties relating to the design, structure, function, operation, or
`
`implementation of Your Product or any Accused Product.
`
`35.
`
`All Technical Documents You provided to any Vendors, Defendants, or other
`
`third parties relating to the design, structure, function, operation, or implementation of Your
`
`Product or any Accused Product.
`
`36.
`
`A complete copy of all Source Code relating to Your Product or any Accused
`
`Product, including, without limitation, Source Code included in Your Product.
`
`37.
`
`38.
`
`Documents sufficient to show Your first awareness of the Patent-in-Suit.
`
`All Documents and Communications relating to any request for proposal, price
`
`quote, or sale of Your Product to any Defendant.
`
`
`
`
`
`13
`
`
`
`Patent Owner Exhibit 2008
`
`

`

`Case4:14-mc-80112-JSW Document17-2 Filed05/05/14 Page17 of 18
`
`
`
`39.
`
`All Documents and Communications relating to the compatibility of Your Product
`
`to or with any Accused Product.
`
`40.
`
`All Documents and Communications relating to the profitability, revenue of,
`
`pricing, or return on investment relating to Your Product or any Accused Product.
`
`41.
`
`A copy of Your Document retention policy, including all policies for the last six
`
`years relating to storage and preservation of Source Code.
`
`42.
`
`All Documents and Communications received from or provided to any Defendant
`
`related to Your Product or any Accused Product.
`
`43.
`
`All Documents and Communications received from or provided to any Defendant
`
`relating to any required or requested functionality of Your Product or any Accused Product.
`
`44.
`
`All Documents and Communications received from or provided to any Defendant
`
`relating to the operation of Your Product or any Accused Product.
`
`45.
`
`All Documents and Communications received from or provided to any Defendant,
`
`relating to any advertised functionality or interface of Your Product or any Accused Product.
`
`
`
`
`
`14
`
`
`
`Patent Owner Exhibit 2008
`
`

`

`Case4:14-mc-80112-JSW Document17-2 Filed05/05/14 Page18 of 18
`
`
`
`ATTACHMENT B
`
`Topics for Deposition
`
`1.
`
`2.
`
`Your relationship with each Defendant.
`
`The date and circumstances surrounding the beginning and of Your relationship
`
`with each Defendant including, sales, marketing, customer relations, training, or services.
`
`3.
`
`The circumstances surrounding Your existing relationship with each Defendant
`
`including, sales, marketing, customer relations, training, or services.
`
`4.
`
`5.
`
`Your corporate structure and organization.
`
`The name, position, and contract information of each Person responsible for
`
`development, testing, and operation of Your Product.
`
`6.
`
`The business, supply, and licensing agreements in place between You and each
`
`Defendant.
`
`7.
`
`The nature and structure of the business, supply, and licensing agreements in
`
`place between You and each Defendant.
`
`8.
`
`Any indemnification relationship between You and each Defendant relating to
`
`Your Product, any Accused Product, or the Litigation.
`
`9.
`
`10.
`
`11.
`
`The development, testing, and operation of each of the Accused Products.
`
`The development, testing, and operation of any and all of Your Products.
`
`The development, testing, or operation of any and all components of Your
`
`Products that are related to any of the Accused Products.
`
`12.
`
`13.
`
`The Source Code of Your Product.
`
`The integration of Your Product with or into any Accused Product, including
`
`compatibility, functionality, operation, and features.
`
`
`
`
`
`15
`
`
`
`Patent Owner Exhibit 2008
`
`