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`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`_______________
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`
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`BUNGIE, INC.,
`Petitioner
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`v.
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`WORLDS INC.,
`Patent Owner
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`_______________
`
`
`
`Case IPR2015-01264
`Case IPR2015-01268
`Case IPR2015-01269
`Case IPR2015-01319
`Case IPR2015-01321
`Case IPR2015-01325
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`
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`PATENT OWNER’S FIRST [PROPOSED] DISCOVERY REQUESTS TO
`PETITIONER
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`
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`Exhibit 2005
`Page 1 of 5
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`The patent owner, Worlds Inc. (“Worlds”), hereby serves its first discovery
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`
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`requests to petitioner Bungie, Inc. (“Bungie”).
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`Pursuant to 37 C.F.R. § 42.51(c), Worlds requests that Bungie provide
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`copies of its responsive documents and things no later than September 1, 2015, or
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`by the deadline set by the Board, to:
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`Wayne M. Helge, Esq.
`Davidson Berquist Jackson & Gowdey, LLP
`8300 Greensboro Drive, Suite 500
`McLean, VA 22102
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`
`INSTRUCTIONS
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`1.
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`All responsive documents shall be organized and labeled to
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`correspond with the requests below.
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`2.
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`To the extent a responding party believes that certain content of a
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`responsive document is protected from disclosure, the responding party shall
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`provide a redacted version of the responsive document with only the protected
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`content redacted.
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`DEFINITIONS
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`1.
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`The terms “document” and “thing” have the broadest meaning
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`prescribed in Federal Rule of Civil Procedure 34, including electronically stored
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`information and any physical specimen or tangible item in the responsive party’s
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`possession, custody, or control.
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`Exhibit 2005
`Page 2 of 5
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`2.
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`“Communications” shall mean the transmission or receipt of
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`information of any kind through any means, including, for example, email,
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`voicemail, audio, computer readable media, or oral.
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`3.
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`“Bungie” means Bungie, Inc., Bungie, LLC, an employee of either
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`company, or a person acting as an agent of either company within the scope of that
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`agency, including (without limitation) outside counsel.
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`4.
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`“Bungie IPRs” means IPR2015-01264, IPR2015-01268, IPR2015-
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`01269, IPR2015-01319, IPR2015-01321, and IPR2015-01325.
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`5.
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`“Activision” means Activision Blizzard, Inc., Activision Publishing,
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`Inc., an employee of either company, or a person acting as an agent of either
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`company within the scope of that agency, including (without limitation) outside
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`counsel.
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`6.
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`“Worlds Patent(s)” shall mean one or more of any of U.S. Patent
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`Nos. 7,181,690; 7,493,558; 7,945,856; 8,082,501; or 8,145,998.
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`7.
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`The following terms shall be as defined in the “Software Publishing
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`and Development Agreement” between Activision and Bungie, dated April 16,
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`2010 (Ex. 2002): “Agreement”; “Products”; “Destiny Property”; “Development
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`Advances”; “Change of Control”.
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`Exhibit 2005
`Page 3 of 5
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`REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS
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`REQUEST FOR PRODUCTION NO. 1
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`Documents identifying the Bungie account(s) from which payment was
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`tendered for all legal reviews associated with the Worlds Patent(s), including legal
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`analysis of the Worlds Patent(s), drafting the Bungie IPR petitions, and paying the
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`USPTO filing fees for the IPRs.
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`REQUEST FOR PRODUCTION NO. 2
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`Documents identifying all Bungie account(s) into which Activision’s
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`Development Advances are or were held or deposited, directly or indirectly, for the
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`purpose of developing the Destiny Products.
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`REQUEST FOR PRODUCTION NO. 3
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`Documents showing that funds received from Activision were used, directly
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`or indirectly, to pay for, or co-mingled with funds used to pay for Bungie’s legal
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`review(s) relating to any Worlds Patent(s).
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`REQUEST FOR PRODUCTION NO. 4
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`Communications between Bungie and Activision concerning legal review of
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`any Worlds Patent(s), including Activision’s review or approval, or opportunity to
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`review or approve Bungie’s legal reviews of any Worlds Patent(s) or any
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`version(s) of an IPR Petition associated with any Worlds Patent(s).
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`Exhibit 2005
`Page 4 of 5
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`REQUEST FOR PRODUCTION NO. 5
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`Communications between Bungie and Activision related to Bungie’s
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`indemnification of or obligation to indemnify Activision based on any of the
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`Worlds Patent(s).
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`REQUEST FOR PRODUCTION NO. 6
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`For all Communications/Documents responsive to RFPs Nos. 1-5 but
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`withheld on privilege, a privilege log identifying the Communication/Document
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`being withheld, the author or sender, recipient(s), subject matter, date, and the RFP
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`to which the Communication/Document is responsive.
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`Date: August 6, 2015
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`Respectfully submitted,
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`/Wayne M. Helge/
`Wayne M. Helge (Reg. No. 56,905)
`Lead Counsel for Patent Owner
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`Exhibit 2005
`Page 5 of 5