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`Exhibit 2118
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`Exhibit 21 18
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`
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`IPR2014-00920
`U.S. Patent 6,771,970
`
`
`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)
`
`
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`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. IPR2014-00920
`U.S. Patent 6,771,970
`___________________
`
`
`PATENT OWNER’S PROPOSED DISCOVERY REQUESTS
`TO PETITIONER
`
`
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`
`
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`
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`#30892694 v3
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`
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`
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`Patent Owner, LocatioNet Systems, Ltd.
`
`requests
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`that Petitioner,
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`Wavemarket, Inc. d/b/a Location Labs, respond and produce the following
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`documents and things.
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`INSTRUCTIONS
`
`1.
`
`In responding to and producing documents responsive to this request,
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`the responding party shall comply with the instructions in the Patent Trial Practice
`
`Guide.
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`2.
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`A responding party shall timely amend its response upon learning that
`
`its response is incomplete or if additional responsive information is found.
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`3.
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`All responsive documents must be produced as they are kept in the
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`usual course of business.
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`4.
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`A party is not required to produce document or information subject to
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`a claim of privilege, including attorney work product. A party withholding
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`responsive documents or information on the basis of privilege shall provide a
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`privilege log identifying the responsive documents being withheld.
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`5.
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`The production of responsive documents or information shall not
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`constitute an express or implied waiver of any privilege held by the producing
`
`party.
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`
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`
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`#30892694 v3
`
`1
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`
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`
`
`DEFINITIONS
`
`1.
`
`The term “Petitioner” means Wavemarket, Inc. d/b/a Location Labs
`
`and includes any and all affiliates, divisions, agents, employees, representatives,
`
`directors, officers, or any other person or entity acting on behalf of Wavemarket,
`
`Inc. or Location Labs.
`
`2.
`
`The term “AT&T” means AT&T Mobility, LLC and includes any and
`
`all affiliates, divisions, agents, employees, representatives, directors, officers, or
`
`any other person or entity acting on behalf of the foregoing.
`
`3.
`
`The term “Sprint” means Sprint Nextel Corp. and includes any and all
`
`affiliates, divisions, agents, employees, representatives, directors, officers, or any
`
`other person or entity acting on behalf of the foregoing.
`
`4.
`
`The term “T-Mobile” means T-Mobile USA Inc. and includes any and
`
`all affiliates, divisions, agents, employees, representatives, directors, officers, or
`
`any other person or entity acting on behalf of the foregoing.
`
`5.
`
`The term “Delaware Litigation” means, either individually or
`
`collectively, the cases filed in the Federal District Court for the District of
`
`Delaware with the following docket numbers: 1:12-cv-1701-RGA, 1:12-cv-1702-
`
`RGA and 1:12-cv-1703-RGA.
`
`#30892694 v3
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`2
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`
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`6.
`
`The term “Document” has the 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.
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`7.
`
`The term “Communications” shall mean the transmission or receipt of
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`information
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`through any means
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`including voice,
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`text, or any other
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`telecommunication whether oral or visual.
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`8.
`
`The connectives “and” and “or” shall be construed either disjunctively
`
`or conjunctively as necessary to bring within the scope of the discovery request all
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`responses that might otherwise be construed to be outside of its scope.
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`#30892694 v3
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`3
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`
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`REQUESTS FOR PRODUCTION
`REQUEST NO. 1.
`
`The “Master Services Agreement” between
`
`Petitioner and Sprint, previously identified by Petitioner with Bates No. SPT-
`
`CW_D00000446-00000567. (See Ex. 2110 at 11.)
`
`REQUEST NO. 2.
`
`Communications by and between Petitioner and
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`Sprint regarding Petitioner’s indemnification of Sprint pursuant to the Master
`
`Services Agreement relating to Sprint’s indemnification demand on Petitioner,
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`Petitioner’s response(s) to Sprint’s demand, and Petitioner’s acceptance of the
`
`litigation defense on behalf of Sprint in the Delaware Litigation.
`
`REQUEST NO. 3.
`
`The “License and Services Agreement” between
`
`Petitioner and AT&T, previously identified by Petitioner with Bates No. ATT-
`
`CW-FM-00005261-00005336. (See Ex. 2110 at 11.)
`
`REQUEST NO. 4.
`
`Communications by and between Petitioner and
`
`AT&T regarding Petitioner’s indemnification of AT&T pursuant to the License
`
`and Services Agreement relating to AT&T’s indemnification demand on
`
`Petitioner, Petitioner’s response(s) to AT&T’s demand, and Petitioner’s acceptance
`
`of the litigation defense on behalf of AT&T in the Delaware Litigation.
`
`REQUEST NO. 5.
`
`The “License and Services Agreement” between
`
`Petitioner and T-Mobile, previously identified by Petitioner with Bates No. TM-
`
`CW00000074-00000113. (See Ex. 2110 at 10.)
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`#30892694 v3
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`4
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`REQUEST NO. 6.
`
`Communications by and between Petitioner and T-
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`Mobile regarding Petitioner’s indemnification of T-Mobile pursuant to the License
`
`and Services Agreement relating to T-Mobile’s indemnification demand on
`
`Petitioner, Petitioner’s response(s) to T-Mobile’s demand, and Petitioner’s
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`acceptance of the litigation defense on behalf of T-Mobile in the Delaware
`
`Litigation.
`
`REQUEST NO. 7.
`
`The
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`joint defense and/or common
`
`interest
`
`agreements entered into by and between Petitioner and Sprint, AT&T, and/or T-
`
`Mobile, respectively, relating to the Delaware Litigation.
`
`REQUEST NO. 8.
`
`The engagement and/or
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`retainer agreements
`
`between the law firm of Dentons U.S. LLP and Petitioner regarding legal
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`representation of Sprint, AT&T, and/or T-Mobile in the Delaware Litigation.
`
`
`
`Dated: January 7, 2015
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`By: /Thomas Engellenner/
`Thomas Engellenner, Reg. No. 28,711
`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
`
`
`
`#30892694 v3
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`5
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`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 7th day of January, 2015, a true and correct copy
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`of the foregoing Patent Owner’s Proposed Discovery Requests to Petitioner was
`
`served on the following counsel for Petitioner Wavemarket, Inc. d/b/a Location
`
`Labs via email:
`
`
`
`
`
`Mark L. Hogge
`Scott W. Cummings
`Dentons US LLP
`1301 K Street, N.W., Suite 600
`Washington DC 20005
`Tel: (202)408-6400
`Fax: (202)408-6399
`
`Dated: January 7, 2015
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`mark.hogge@dentons.com
`scott.cummings@dentons.com
`
`Respectfully submitted,
`By: /Thomas Engellenner/
`Thomas Engellenner, Reg. No. 28,711
`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
`
`
`
`#30892694 v3
`
`6
`
`
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