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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`_______________
`
`
`
`BUNGIE, INC.,
`Petitioner
`
`v.
`
`WORLDS INC.,
`Patent Owner
`
`_______________
`
`
`
`Case IPR2015-01264
`Case IPR2015-01268
`Case IPR2015-01269
`Case IPR2015-01319
`Case IPR2015-01321
`Case IPR2015-01325
`
`
`
`PATENT OWNER’S FIRST [PROPOSED] DISCOVERY REQUESTS TO
`PETITIONER
`
`
`
`Exhibit 2005
`Page 1 of 5
`
`

`
`The patent owner, Worlds Inc. (“Worlds”), hereby serves its first discovery
`

`
`requests to petitioner Bungie, Inc. (“Bungie”).
`
`Pursuant to 37 C.F.R. § 42.51(c), Worlds requests that Bungie provide
`
`copies of its responsive documents and things no later than September 1, 2015, or
`
`by the deadline set by the Board, to:
`
`Wayne M. Helge, Esq.
`Davidson Berquist Jackson & Gowdey, LLP
`8300 Greensboro Drive, Suite 500
`McLean, VA 22102
`
`
`INSTRUCTIONS
`
`1.
`
`All responsive documents shall be organized and labeled to
`
`correspond with the requests below.
`
`2.
`
`To the extent a responding party believes that certain content of a
`
`responsive document is protected from disclosure, the responding party shall
`
`provide a redacted version of the responsive document with only the protected
`
`content redacted.
`
`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 the responsive party’s
`
`possession, custody, or control.
`
`Exhibit 2005
`Page 2 of 5
`
`

`

`
`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.
`
`“Bungie” means Bungie, Inc., Bungie, LLC, an employee of either
`
`company, or a person acting as an agent of either company within the scope of that
`
`agency, including (without limitation) outside counsel.
`
`4.
`
`“Bungie IPRs” means IPR2015-01264, IPR2015-01268, IPR2015-
`
`01269, IPR2015-01319, IPR2015-01321, and IPR2015-01325.
`
`5.
`
`“Activision” means Activision Blizzard, Inc., Activision Publishing,
`
`Inc., an employee of either company, or a person acting as an agent of either
`
`company within the scope of that agency, including (without limitation) outside
`
`counsel.
`
`6.
`
`“Worlds Patent(s)” shall mean one or more of any of U.S. Patent
`
`Nos. 7,181,690; 7,493,558; 7,945,856; 8,082,501; or 8,145,998.
`
`7.
`
`The following terms shall be as defined in the “Software Publishing
`
`and Development Agreement” between Activision and Bungie, dated April 16,
`
`2010 (Ex. 2002): “Agreement”; “Products”; “Destiny Property”; “Development
`
`Advances”; “Change of Control”.
`

`
`
`
`Exhibit 2005
`Page 3 of 5
`
`

`
`
`

`
`
`
`REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS
`
`REQUEST FOR PRODUCTION NO. 1
`
`Documents identifying the Bungie account(s) from which payment was
`
`tendered for all legal reviews associated with the Worlds Patent(s), including legal
`
`analysis of the Worlds Patent(s), drafting the Bungie IPR petitions, and paying the
`
`USPTO filing fees for the IPRs.
`
`REQUEST FOR PRODUCTION NO. 2
`
`Documents identifying all Bungie account(s) into which Activision’s
`
`Development Advances are or were held or deposited, directly or indirectly, for the
`
`purpose of developing the Destiny Products.
`
`REQUEST FOR PRODUCTION NO. 3
`
`
`
`Documents showing that funds received from Activision were used, directly
`
`or indirectly, to pay for, or co-mingled with funds used to pay for Bungie’s legal
`
`review(s) relating to any Worlds Patent(s).
`
`REQUEST FOR PRODUCTION NO. 4
`
`Communications between Bungie and Activision concerning legal review of
`
`any Worlds Patent(s), including Activision’s review or approval, or opportunity to
`
`review or approve Bungie’s legal reviews of any Worlds Patent(s) or any
`
`version(s) of an IPR Petition associated with any Worlds Patent(s).
`
`Exhibit 2005
`Page 4 of 5
`
`

`
`REQUEST FOR PRODUCTION NO. 5
`
`Communications between Bungie and Activision related to Bungie’s
`
`indemnification of or obligation to indemnify Activision based on any of the
`
`Worlds Patent(s).
`
`REQUEST FOR PRODUCTION NO. 6
`
`For all Communications/Documents responsive to RFPs Nos. 1-5 but
`
`withheld on privilege, a privilege log identifying the Communication/Document
`
`being withheld, the author or sender, recipient(s), subject matter, date, and the RFP
`
`to which the Communication/Document is responsive.
`
`Date: August 6, 2015
`
`Respectfully submitted,
`
`/Wayne M. Helge/
`Wayne M. Helge (Reg. No. 56,905)
`Lead Counsel for Patent Owner
`
`Exhibit 2005
`Page 5 of 5

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