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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`PETROLEUM GEO-SERVICES INC., PGS GEOPHYSICAL AS,
`and PETROLEUM GEO-SERVICES ASA
`Petitioners
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`v.
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`WESTERNGECO LLC
`Patent Owner
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`———————————
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`Cases
`IPR2014-00678 (U.S. Patent No. 6,691,038)
`IPR2014-00687 (U.S. Patent No. 7,162,967)
`IPR2014-00688 (U.S. Patent No. 7,080,607)
`IPR2014-00689 (U.S. Patent No. 7,293,520)
`———————————
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`PATENT OWNER’S INTERROGATORIES TO PETITIONERS
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`PGS v WESTERNGECO (IPR2014-00687)
`WESTERNGECO Exhibit 2138, pg. 1
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`
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`IPR2014-00678 / IPR2014-00687 / IPR2014-00688 / IPR2014-00689
`Patent Owner Interrogatories to Petitioners
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`
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`The patent owner, WesternGeco L.L.C (“WesternGeco”), hereby serves
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`interrogatories to petitioners Petroleum Geo-Services, PGS Geophysical AS and
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`Petroleum Geo-Services ASA (“PGS”).
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`Pursuant to 37 C.F.R. § 42.51(c), WesternGeco requests that production of
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`requested documents be made at such time as may be ordered by the Board at:
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`Attention: Scott McKeown, Oblon, Spivak, McClelland, Maier and
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`Neustadt, L.L.P., 1940 Duke Street, Alexandria, VA 22314.
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`INSTRUCTIONS
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`1. In responding to and producing documents and things responsive to
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`these requests, the responding party will comply with instructions in the Patent
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`Trial Practice Guide. See Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756
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`(Aug. 14, 2012).
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`2. A responding party shall timely amend its responses if it learns that the
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`response is incomplete or additional responsive information is found.
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`3. All responsive documents must be produced as they are kept in the usual
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`course of business, in the files or containers in which the responsive documents are
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`maintained, and in the order within each file or container in which such documents
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`are maintained; or all responsive documents shall be organized and labeled to
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`correspond with the requests below.
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`
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`1
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`PGS v WESTERNGECO (IPR2014-00687)
`WESTERNGECO Exhibit 2138, pg. 2
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`
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`IPR2014-00678 / IPR2014-00687 / IPR2014-00688 / IPR2014-00689
`Patent Owner Interrogatories to Petitioners
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`
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`DEFINITIONS AND CONDITIONS
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`1. The terms “document” and “thing” have the broadest meaning prescribed
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`in Federal Rule of Civil Procedure 34, including electronically stored information
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`and any physical specimen or tangible item, in your possession, custody, or
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`control.
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`2. “Communications” shall mean the transmission or receipt of information
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`of any kind through any means (e.g., email, voicemail, audio, computer readable
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`media or oral).
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`3. “PGS” means Petroleum Geo-Services, PGS Geophysical AS, Petroleum
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`Geo-Services ASA, or a related company, an employee of PGS, or a person acting
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`as an agent of PGS within the scope of that agency.
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`4. “ION” means ION Geophyiscal Corporation, an employee of ION, or a
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`person acting as an agent of ION within the scope of that agency.
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`6. “Inter Partes Review Proceedings” means Inter Partes Review Case Nos.
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`IPR2014-00678; IPR2014-00687; IPR2014-00688; and IPR2014-00689.
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`7. “Petitions” means the Petitions filed in the Proceedings seeking
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`institution of inter partes review.
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`8. A party is not required to produce documents, things or information
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`subject to a claim of privilege, including attorney work product. A party
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`2
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`PGS v WESTERNGECO (IPR2014-00687)
`WESTERNGECO Exhibit 2138, pg. 3
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`
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`IPR2014-00678 / IPR2014-00687 / IPR2014-00688 / IPR2014-00689
`Patent Owner Interrogatories to Petitioners
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`
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`withholding responsive documents on the basis of privilege shall provide a
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`privilege log identifying the responsive documents or information being withheld.
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`9. The production of responsive documents or information shall not, itself,
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`constitute an express or implied waiver of any privilege held by the producing
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`party.
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`10. WesternGeco reserves the right to argue that PGS’s affirmative reliance
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`on any documents or information produced in response to the interrogatories may
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`constitute a waiver of privilege held by the producing party.
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`3
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`PGS v WESTERNGECO (IPR2014-00687)
`WESTERNGECO Exhibit 2138, pg. 4
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`
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`IPR2014-00678 / IPR2014-00687 / IPR2014-00688 / IPR2014-00689
`Patent Owner Interrogatories to Petitioners
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`
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`INTERROGATORY NO. 1.
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`INTERROGATORIES
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`Disclose and describe all meetings and calls between PGS (or its counsel)
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`and ION (or its counsel) regarding the validity of WesternGeco’s patents, such as
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`the February 14, 2014 conference call between Williams & Connolly, Porter &
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`Hedges and Phil Shotts, such disclosure and description including but not limited
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`to:
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`(a) the date and time of the meeting or call;
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`(b) the names and affiliations of the individuals involved;
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`(c) the topics discussed, including whether any inter partes review--
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`instituted, petitioned, or under consideration--was discussed;
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`(d) any documents exchanged or discussed
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`INTERROGATORY NO. 2
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`Disclose and describe any common interest privilege alleged to exist over
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`communications between PGS or its representatives and ION or its representatives
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`regarding the validity of WesternGeco’s patents, such disclosure and description
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`including but not limited to:
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`(a) the common interest(s) alleged to exist;
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`(b) the date the common interest(s) began;
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`4
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`PGS v WESTERNGECO (IPR2014-00687)
`WESTERNGECO Exhibit 2138, pg. 5
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`
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`IPR2014-00678 / IPR2014-00687 / IPR2014-00688 / IPR2014-00689
`Patent Owner Interrogatories to Petitioners
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`
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`(c) the date the common interest(s) ended;
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`(d) any joint defense or other agreement related to any common interest
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`INTERROGATORY NO. 3
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`Disclose and describe any agreements regarding William & Connolly’s retention in
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`connection with the Petitions, including but not limited to:
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`(a) any retention agreement;
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`(b) any invoices or remittances;
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`(c) any cost-sharing or indemnity agreements, including between PGS and
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`ION;
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`(d) any ION contributions or reimbursements for any expenses related to the
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`Petitions or the preparations thereof.
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`INTERROGATORY NO. 4
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`Disclose and describe any prior art references that ION or its counsel disclosed to
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`PGS or its counsel, such disclosure and description including but not limited to:
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`(a) the identity of the reference;
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`(b) the date of the disclosure;
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`(c) the names and affiliations of the people involved;
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`(d) any discussions associated with or subsequent to the disclosure
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`5
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`PGS v WESTERNGECO (IPR2014-00687)
`WESTERNGECO Exhibit 2138, pg. 6
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`
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`IPR2014-00678 / IPR2014-00687 / IPR2014-00688 / IPR2014-00689
`Patent Owner Interrogatories to Petitioners
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`
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`INTERROGATORY NO. 5
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`Disclose and describe all communications between PGS or its counsel and ION or
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`its counsel regarding indemnification for infringement of WesternGeco’s patents,
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`including but not limited to:
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`(a) any agreements related to indemnity for infringement of WesternGeco’s
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`patents;
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`(b) any claims or requests for indemnity for infringement of WesternGeco’s
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`patents;
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`(c) any discussions regarding litigation funding or expenses patent disputes
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`
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`By:
`Attorney for Patent Owner
`Scott McKeown
`Reg. No. 42,866
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`
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`6
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`with WesternGeco.
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`
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`Dated: August XX, 2014
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`PGS v WESTERNGECO (IPR2014-00687)
`WESTERNGECO Exhibit 2138, pg. 7