UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________________
`
`
`
`HUGHES NETWORK SYSTEMS, LLC and
`HUGHES COMMUNICATIONS, INC.,
`Petitioner,
`
`v.
`
`CALIFORNIA INSTITUTE OF TECHNOLOGY,
`Patent Owner.
`_____________________________
`
`Case IPR2015-00059
`Patent 7,916,781
`
`_____________________________
`
`
`
`PATENT OWNER’S FIRST [PROPOSED] DISCOVERY REQUESTS TO
`PETITIONER
`
`CALTECH - EXHIBIT 2018
`
`
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________________
`
`
`
`HUGHES NETWORK SYSTEMS, LLC and
`HUGHES COMMUNICATIONS, INC.,
`Petitioner,
`
`v.
`
`CALIFORNIA INSTITUTE OF TECHNOLOGY,
`Patent Owner.
`_____________________________
`
`Case IPR2015-00059
`Patent 7,916,781
`
`_____________________________
`
`
`
`PATENT OWNER’S FIRST [PROPOSED] DISCOVERY REQUESTS TO
`PETITIONER
`
`CALTECH - EXHIBIT 2018
`
`
`
`Case IPR2015-00059
`Patent 7,916,781
`
`The patent owner, California Institute of Technology (“Caltech”), hereby
`
`serves its first discovery requests to petitioner Hughes Network Systems, LLC and
`
`Hughes Communications, Inc. (“Hughes”).
`
`Pursuant to 37 C.F.R. § 42.51(c), Caltech requests that production of
`
`requested documents be made at such time as maybe ordered by the Board at:
`
`Attention: Michael T. Rosato, Wilson Sonsini Goodrich & Rosati, 701 Fifth
`
`Avenue, Suite 5100, Seattle, WA 98104-7036.
`
`INSTRUCTIONS
`
`1.
`
`In responding to and producing documents and things responsive to
`
`these requests, the responding party will comply with instructions in the Office
`
`Patent Trial Practice Guide.
`
`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 documents must be produced as they are kept in the ordinary
`
`course of business, in the files or containers in which the responsive documents are
`
`maintained, and in the order in which 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.
`
`4.
`
`To the extent a responding party believes that the content of
`
`responsive documents is protected from disclosure, that party shall provide
`
`redacted copies.
`
`5.
`
`A party withholding responsive documents in their entirety on the
`
`basis of privilege shall provide a privilege log identifying the responsive
`
`-1-
`
`
`
`Case IPR2015-00059
`Patent 7,916,781
`
`documents or information being withheld, including where applicable
`
`identification of the author or sender, recipient, and date of the document as well as
`
`the specific Request for Production(s) to which the document or information is
`
`responsive.
`
`DEFINITIONS
`
`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, including, for example, email,
`
`voicemail, audio, computer readable media, or oral.
`
`3.
`
`“Hughes” means Hughes Network Systems, LLC, Hughes
`
`Communications, Inc., Hughes Satellite Systems Corporation, an employee of one
`
`of those companies, or a person acting as an agent of one of those companies
`
`within the scope of that agency.
`
`4.
`
`“EchoStar” means EchoStar Corporation, an employee of that
`
`company, or a person acting as an agent of that company within the scope of that
`
`agency.
`
`5.
`
`“DISH” means DISH Network Corporation, DISH Network L.L.C.,
`
`dishNET Satellite Broadband L.L.C., an employee of one of those companies, or a
`
`person acting as an agent of one of those companies within the scope of that
`
`agency.
`
`-2-
`
`
`
`Case IPR2015-00059
`Patent 7,916,781
`
`6.
`
`“Hughes IPRs” means IPR2015-00059, IPR2015-00060, IPR2015-
`
`00061, IPR2015-00067, IPR2015-00068, and IPR2015-00081.
`
`7.
`
`“Hughes/DISH District Court Litigation” means The California
`
`Institute of Technology v. Hughes Communications, Inc. et al., Case No. 2:13-cv-
`
`07245-MRP-JEM (C.D. Ca.) and The California Institute of Technology v. Hughes
`
`Communications, Inc. et al., Case No 2:15-cv-01108-MRP-JEM (C.D. Ca.).
`
`REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS,
`INTERROGATORY, CROSS-EXAMINATION NOTICE,
`AND DEPOSITION NOTICE
`
`REQUEST FOR PRODUCTION NO. 1
`
`Documents and things reviewed or considered by Timothy Jezek in
`
`conjunction with preparation of the Declaration of Timothy Jezek in Support of
`
`Petitioners’ Reply Brief Regarding Identification of Real Parties-in-Interest, dated
`
`March 18, 2015 (Exhibit 1070).
`
`REQUEST FOR PRODUCTION NO. 2
`
`Legal bills issued by Baker Botts L.L.P. and/or Wilmer Cutler Pickering
`
`Hale and Dorr LLP to Hughes, EchoStar, and/or DISH for services rendered in
`
`connection with the preparation and filing of (1) the petitions in the Hughes IPRs
`
`and (2) Defendants’ Invalidity Contentions in the Hughes/DISH District Court
`
`Litigation, dated May 15, 2014 (see Caltech IPR Ex. 2012), including documents
`
`sufficient to identify the entity that remitted payment for the legal services and the
`
`entity that paid the filing fees for the Hughes IPR petitions, whether directly or
`
`indirectly.
`
`-3-
`
`
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`Case IPR2015-00059
`Patent 7,916,781
`
`REQUEST FOR PRODUCTION NO. 3
`
`Indemnification agreements between DISH and Hughes, or between
`
`EchoStar and DISH, relating to the Hughes IPRs.
`
`REQUEST FOR PRODUCTION NO. 4
`
`Communications between Hughes, or Hughes’ IPR counsel, and DISH, or
`
`counsel for DISH, concerning the Hughes IPRs, including communications
`
`concerning drafts of the petitions for the Hughes IPRs, approval to file the
`
`petitions, IPR strategy, or the prior art cited in the petitions.
`
`REQUEST FOR PRODUCTION NO. 5
`
`Instructions by, or agreements involving, Hughes or DISH, or counsel for
`
`either of those parties, to isolate or wall off work on the Hughes IPRs from work
`
`on the Hughes/DISH District Court Litigation.
`
`INTERROGATORY NO. 1
`
`Please provide the names of all individuals at Hughes, EchoStar, or DISH
`
`with decision-making authority with respect to the Hughes IPRs or the
`
`Hughes/DISH District Court Litigation.
`
`INTERROGATORY NO. 2
`
`Please state whether Hughes or DISH, or counsel for either of those parties,
`
`ever communicated any instructions or agreement to isolate or wall off work on the
`
`Hughes IPRs from work on the Hughes/DISH District Court Litigation.
`
`INTERROGATORY NO. 3
`
`Please identify any documents and things produced in response to Request
`
`for Production No. 1.
`
`-4-
`
`
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`Case IPR2015-00059
`Patent 7,916,781
`
`CROSS-EXAMINATION NOTICE
`
`To the extent the Board determines that the Declaration of Timothy Jezek
`
`(Ex. 1070) is not unauthorized testimony that should be struck or expunged from
`
`the record, please produce for cross-examination Timothy Jezek. Any cross-
`
`examination conducted pursuant to this notice shall be at a time and place as may
`
`be agreed by the parties or as may be ordered by the Board.
`
`DEPOSITION NOTICE
`
`Please produce for deposition individuals identified in response to
`
`Interrogatory No. 1. Any depositions conducted pursuant to this notice shall be at
`
`a time and place as may be agreed by the parties or as may be ordered by the
`
`Board.
`
`
`
`Date: April 2, 2015
`
`Respectfully submitted,
`
`/Michael T. Rosato/
`Michael T. Rosato, Lead Counsel
`Reg. No. 52,182
`
`-5-
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