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UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`Case No. 6:14-cv-678-RWS
`Lead case
`
`Case No. 6:14-cv-680-RWS
`Consolidated case
`
`TracBeam, LLC,
`
`Plaintiff,
`
`v.
`
`T-Mobile US, Inc., et al.,
`
`Defendants.
`
`TracBeam, LLC,
`
`Plaintiff,
`
`v.
`
`Apple Inc.,
`
`Defendant.
`
`TracBeam’s Motion to Compel T-Mobile’s Compliance with Discovery Requests
`[filed under seal]
`
`Page 1 of 16
`
`Exhibit 2006
`T-Mobile et al. v. TracBeam, LLC
`IPR2016-00745
`
`

`
`Table of Contents
`
`I.
`II.
`
`Introduction. ............................................................................................................................ 1
`Interrogatory responses. .......................................................................................................... 1
`A.
`Interrogatory 1 .................................................................................................................. 1
`B.
`Interrogatories no. 5-8 ...................................................................................................... 3
`III. Depositions .............................................................................................................................. 5
`IV. Documents ............................................................................................................................. 10
`V. Conclusion ............................................................................................................................. 11
`
`i
`
`Page 2 of 16
`
`

`
`Table of Authorities
`
`
`Cases
`
`Laserdynamics, Inc. v. Asus Computer Int'l,
`2009 WL 153161 (E.D. Tex. Jan. 21, 2009) ............................................................................... 2
`Pers. Audio, LLC v. Apple, Inc.,
`2010 WL 9499679 (E.D. Tex. June 1, 2010) .............................................................................. 2
`
`ii
`
`Page 3 of 16
`
`

`
`I.
`
`Introduction.
`
`
`
`
`
`Plaintiff TracBeam moves to compel Defendant T-Mobile to:
`
`(1) provide supplemental responses to TracBeam’s interrogatories regarding (a) the
`
`design and technical operation of T-Mobile’s accused location platform and (b) T-Mobile’s non-
`
`infringement contentions;
`
`
`
`(2) produce for deposition certain T-Mobile employees who have information relevant to
`
`infringement and damages, as demonstrated by T-Mobile’s interrogatory responses and
`
`document production and confirmed by the witnesses who have been deposed to date; and
`
`(3) produce (a) documents that show usage of the accused location services (i.e., metrics
`
`for the accused e911 location service), (b) budgets prepared by the location technology team that
`
`are relevant to damages, and (c) the remainder of T-Mobile’s contracts with its location vendors
`
`and the documents showing payments made to the vendors.
`
`
`
`
`
`REDACTED DUE TO CONFIDENTIALITY
`
`
`
`
`
`1
`
`Page 4 of 16
`
`

`
`Page 5 of 16
`Page 5 of 16
`
`

`
`Page 6 of 16
`Page 6 of 16
`
`

`
`Page 7 of 16
`Page 7 of 16
`
`

`
`Page 8 of 16
`Page 8 of 16
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`

`
`Page 9 of 16
`Page 9 of 16
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`

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`Page 10 of 16
`Page 10 of 16
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`

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`Page 11 of 16
`Page 11 of16
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`

`
`Page 12 of 16
`Page 12 of 16
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`

`
`Page 13 of 16
`Page 13 of16
`
`

`
`
`
`
`
`V.
`
`Conclusion.
`
`
`
`For the foregoing reasons, TracBeam respectfully requests that this motion be granted.
`
`Date: March 14, 2016
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`By: /s/ Jeff Eichmann
`John Jeffrey Eichmann (admitted
`to practice in the Eastern District of Texas)
`E-mail: jeff@dovel.com
`CA State Bar No. 227472
`Christin Cho (admitted to practice in the
`Eastern District of Texas)
`E-mail: christin@dovel.com
`CA State Bar No. 238173
`Dovel & Luner, LLP
`201 Santa Monica Blvd., Suite 600
`Santa Monica, CA 90401
`Telephone: 310-656-7066
`Facsimile: 310-657-7069
`
`
`
`Elizabeth L. DeRieux
`Email: ederieux@capshawlaw.com
`State Bar No. 05770585
`CAPSHAW DERIEUX, LLP
`114 E. Commerce
`Gladewater, Texas 75647
`
`
`
`
`
`
`
`11
`
`Page 14 of 16
`
`

`
`Telephone: (903) 236-9800
`Facsimile: (903) 236-8787
`
`Robert Christopher Bunt
`State Bar No. 00787165
`Charles Ainsworth
`State Bar No. 00783521
`PARKER, BUNT & AINSWORTH PC
`100 East Ferguson, Ste. 1114
`Tyler, TX 75702
`Telephone: (903) 531-3535
`Facsimile: (903) 533-9687
`Email: rmparker@pbatyler.com
`Email: rcbunt@pbatyler.com
`Email: charley@pbatyler.com
`
`ATTORNEYS FOR PLAINTIFF
`TRACBEAM, LLC
`
`Certificate of Service
`
`I certify that this document is being served by email on counsel of record on the filing
`
`date listed above.
`
`/s/ Jeff Eichmann
`
`
`
`Certificate of Conference
`
`I certify that TracBeam has complied with the meet-and-confer requirement of Local
`Rule CV-7(h) and that the parties have reached an impasse. With respect to interrogatories 5-8
`and the request for usage documents, the parties have discussed these requests on multiple
`occasions, including during two in-person lead and local meetings (one on December 18, 2015:
`attended by myself, Chris Bunt, and Jeff Rambin for TracBeam, and Doug Kubehl and Melissa
`Smith for T-Mobile; and a second in person meeting on February 23, 2016: attended by myself
`and Jeff Rambin and Doug Kubehl, with local counsel Bobby Lamb). The remaining disputes
`were addressed at the February 23rd meeting, which has been followed by additional meet and
`confer efforts that have not been successful in resolving the parties’ disputes. The parties remain
`at impasse because T-Mobile failed to provide the requested discovery and has not agreed to do
`so.
`
`/s/ Jeff Eichmann
`
`
`
`12
`
`Page 15 of 16
`
`

`
`Certificate of Authorization to Seal
`
`I certify that the protective order governing this case authorizes this document to be filed
`
`under seal.
`
`/s/ Jeff Eichmann
`
`
`
`13
`
`Page 16 of 16

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