`
`Filed on behalf of: Black Hills Media, LLC
`By: Andrew Crain (andrew.crain@thomashorstemeyer.com)
`
`Vivek A. Ganti (vivek.ganti@thomashorstemeyer.com)
`
`THOMAS | HORSTEMEYER, LLP
`
`400 Interstate North Parkway, SE
`
`Suite 1500
`
`Atlanta, Georgia 30339
`
`Tel: (770) 933-9500
`
`Fax: (770) 951-0933
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`---------------
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`---------------
`
`SAMSUNG ELECTRONICS CO., LTD.;
`
`SAMSUNG ELECTRONICS AMERICA, INC.; and
`
`SAMSUNG TELECOMMUNICATIONS AMERICA, LLC
`
`Petitioner,
`
`v.
`
`BLACK HILLS MEDIA, LLC,
`
`Patent Owner
`
`---------------
`
`Case IPR2014-00717
`
`U.S. Patent 6,108,686
`
`---------------
`
`
`
`PROPOSED DISCOVERY REQUESTS BY PATENT OWNER
`
`
`
`BHM 2001
`
`
`
`PROPOSED DISCOVERY REQUEST BY PATENT OWNER
`Case IPR2014-00717
`Patent Owner Black Hills Media, LLC (Patent Owner) requests that
`
`petitioner SAMSUNG ELECTRONICS CO., LTD.; SAMSUNG ELECTRONICS
`
`AMERICA, INC.; and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC
`
`(“Petitioner”) respond and produce the following documents and things.
`
`
`
`INSTRUCTIONS
`
`1.
`
`In responding to and producing documents responsive to this request,
`
`the responding party shall comply with the instructions in the Patent Trial Practice
`
`Guide.
`
`2.
`
`A responding party shall timely amend its response upon learning that
`
`its response is incomplete or if additional responsive information is found.
`
`3.
`
`All responsive documents must be produced as they are kept in the
`
`usual course of business.
`
`4.
`
`A party is not required to produce documents or information subject
`
`to a claim of privilege, including attorney work product. A party withholding
`
`responsive documents or information on the basis of privilege shall provide a
`
`privilege log identifying the responsive documents being withheld.
`
`5.
`
`The production of responsive documents or information shall not
`
`constitute an express or implied waiver of any privilege held by the producing
`
`party.
`
`
`
`
`
`PROPOSED DISCOVERY REQUEST BY PATENT OWNER
`Case IPR2014-00717
`
`
`
`DEFINITIONS
`
`1.
`
`The term “document” has the broadest meaning prescribed in Federal
`
`Rule of Civil Procedure 34, including, but not limited to, electronically stored
`
`information in the responding party’s possession, custody, or control.
`
`2.
`
`The term “Petitioner” means Samsung, Inc.; Samsung Electronics Co.,
`
`Ltd.; Samsung Electronics America, Inc.; Samsung Telecommunications America,
`
`LLC and includes any employees, agents, counsel, representatives, or others
`
`authorized to act on Samsung’s behalf.
`
`3.
`
`The term “Google” means “Google, Inc.” and includes all agents,
`
`servants, employees, representatives (including attorneys), and other persons or
`
`entities directly or indirectly subject to Google’s control, and to any predecessor,
`
`partner, or subsidiary organization, including without limitation YouTube, LLC.
`
`
`
`
`
`INTERROGATORIES
`
`INTERROGATORY NO. 1: Identify the names, employers, and job titles of
`
`the individuals who were provided a copy of one or more drafts of the petition for
`
`inter partes review for U.S. Patent No. 6,108,686 prior to the filing of the petition
`
`on or about May 1, 2014.
`
`
`
`
`
`PROPOSED DISCOVERY REQUEST BY PATENT OWNER
`Case IPR2014-00717
`INTERROGATORY NO. 2: Within the scope described in § I(D)(1)
`
`
`
`(entitled “Real Party-in-Interest or Privy”) of the Office Patent Trial Practice
`
`Guide, describe “the nature and/or degree of involvement” by each individual not
`
`employed by Petitioner or Petitioner’s counsel-of-record for IPR 2014-00717 in
`
`the filing of the Petition in this proceeding.
`
`
`
`INTERROGATORY NO. 3: Describe all payments, credits, refunds, and
`
`all other financial transactions received by or agreed to be provided to Petitioner or
`
`Petitioner’s counsel of record in this IPR made or agreed to be made in relation to
`
`or as a result of § 11 of the Mobile Application Distribution Agreement (Ex. 2002)
`
`and/or to any the indemnification section of a Mobile Application Document
`
`Agreement produced in response to Request for Production No. 1 that also pertains
`
`or relates to a claim of patent infringement against Samsung regarding U.S. Patent
`
`No. 6,108,686.
`
`REQUESTS FOR PRODUCTION
`
`REQUEST NO. 1: Please provide a copy of each Mobile Application
`
`Distribution Agreement between Petitioner and Google having an effective date
`
`after December 31, 2012.
`
`REQUEST NO. 2: Please provide a copy of each document(s) related to
`
`notification of a claim by Petitioner pursuant to § 11 of the Mobile Application
`
`Distribution Agreement (Ex. 2002) or to any indemnification section of a Mobile
`
`
`
`
`
`PROPOSED DISCOVERY REQUEST BY PATENT OWNER
`Case IPR2014-00717
`Application Document Agreement produced in response to Request for Production
`
`No. 1 that also pertains or relates to a claim of patent infringement against
`
`Petitioner regarding U.S. Patent No. 6,108,686. To the extent Petitioner believes
`
`that the content of such document(s) is protected from disclosure, please provide
`
`redacted copies of such document(s).
`
`REQUEST NO. 3: Please provide a copy of each document(s) related to a
`
`response by Google to notification of a claim by Petitioner pursuant to § 11 of the
`
`Mobile Application Distribution Agreement
`
`(Ex. 2002) or
`
`to any
`
`the
`
`indemnification section of a Mobile Application Document Agreement produced in
`
`response to Request for Production No. 1 that also pertains or relates to a claim of
`
`patent infringement against Petitioner regarding U.S. Patent No. 6,108,686. To the
`
`extent Petitioner believes that the content of such document(s) is protected from
`
`disclosure, please provide redacted copies of such document(s).
`
`Dated: August 22, 2014
`
`Respectfully submitted,
`
`/N. Andrew Crain/_____
`N. Andrew Crain
`(Reg. No. 45,442)
`Lead Counsel for Patent Owner
`Thomas | Horstemeyer, LLP
`400 Interstate North Pkwy Ste. 1500
`Atlanta, Georgia 30339
`Tel: (770) 933-9500
`Fax: (770) 951-0933
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