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