UNITED STATES DISTRICT COURT
`DISTRICT OF CONNECTICUT
`
`LEGO SYSTEM A/S,
`
`Plaintiff,
`
`v.
`
`Rubicon Communications, LP dba
`SmallWorks,
`
`Defendant.
`
`Civil Action No.: 3:15-cv-00823 (VLB)
`
`JURY TRIAL DEMANDED
`
`JULY 28, 2015
`
`PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT
`
`Plaintiff LEGO System A/S ("Plaintiff" or "LEGO"), by its undersigned
`
`attorneys and pursuant to Rule 33 of the Federal Rules of Civil Procedure, hereby
`
`serves its First Set of Interrogatories to Defendant Rubicon Communications, LP
`
`dba SmallWorks ("Defendant" or "SmallWorks"). The Plaintiff requests that the
`
`Defendant answer the following interrogatories in writing, under oath and serve a
`
`copy of said answers on counsel for Plaintiff within thirty (30) days of service
`
`hereof.
`
`DEFINITIONS and INSTRUCTIONS
`
`The definitions and instructions set forth in D. Conn. L. Civ. R. 26(c)-(e) are
`
`incorporated herein. In addition, the following Definitions and Instructions shall
`
`apply to these Interrogatories.
`
`Definitions
`
`1.
`
`"SmallWorks," "You," and "Your" means defendant Rubicon
`
`Communications, LP dba SmallWorks and any of its parents, affiliates, directors,
`
`shareholders, officers, employees, representatives, agents, attorneys,
`Rubicon Communications, LP Ex. 1034
`Rubicon Communications, LP vs. LEGO A/S
`IPR2016-01187
`
`1
`
`
`DISTRICT OF CONNECTICUT
`
`LEGO SYSTEM A/S,
`
`Plaintiff,
`
`v.
`
`Rubicon Communications, LP dba
`SmallWorks,
`
`Defendant.
`
`Civil Action No.: 3:15-cv-00823 (VLB)
`
`JURY TRIAL DEMANDED
`
`JULY 28, 2015
`
`PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT
`
`Plaintiff LEGO System A/S ("Plaintiff" or "LEGO"), by its undersigned
`
`attorneys and pursuant to Rule 33 of the Federal Rules of Civil Procedure, hereby
`
`serves its First Set of Interrogatories to Defendant Rubicon Communications, LP
`
`dba SmallWorks ("Defendant" or "SmallWorks"). The Plaintiff requests that the
`
`Defendant answer the following interrogatories in writing, under oath and serve a
`
`copy of said answers on counsel for Plaintiff within thirty (30) days of service
`
`hereof.
`
`DEFINITIONS and INSTRUCTIONS
`
`The definitions and instructions set forth in D. Conn. L. Civ. R. 26(c)-(e) are
`
`incorporated herein. In addition, the following Definitions and Instructions shall
`
`apply to these Interrogatories.
`
`Definitions
`
`1.
`
`"SmallWorks," "You," and "Your" means defendant Rubicon
`
`Communications, LP dba SmallWorks and any of its parents, affiliates, directors,
`
`shareholders, officers, employees, representatives, agents, attorneys,
`Rubicon Communications, LP Ex. 1034
`Rubicon Communications, LP vs. LEGO A/S
`IPR2016-01187
`
`1
`
`
`
`predecessors, successors and assigns, including anyone acting in concert with
`
`them or on their behalf.
`
`2.
`
`The "Asserted Patents" mean U.S. Patent No. 7,731,191 ("the '191
`
`Patent"), U.S. Patent No. 8,091,892 ("the '892 Patent"), U.S. Patent No. 8,628,085
`
`("the '085 Patent"), and U.S. Patent No. 8,894,066 ("the '066 Patent").
`
`3.
`
`"BrickCase Products" includes without limitation all versions of the
`
`products marketed under the BrickCase name for use with the iPhone 4/4S,
`
`iPhone 5/5S, iPhone 6/6S, iPod Touch, iPad or IPad mini and similar devices,
`
`which products have been made, used, sold, offered for sale or imported in the
`
`United States, whether by You or with Your knowledge or consent.
`
`4.
`
`"Prior Art" shall mean any evidence relevant and admissible under
`
`the Fed. R. Evid. and 35 U.S.C. § 1, et seq., that could be used to invalidate or limit
`
`the scope of any claim of any of the Asserted Patents.
`
`5.
`
`"Document" means the definition set forth in D. Conn. L. Civ. R.
`
`26(c)(2) and any kind of written or graphic matter, however produced or
`
`reproduced, of any kind or description, whether sent or received or neither,
`
`including originals, copies and drafts and both sides thereof, and including but
`
`not limited to: papers, books, letters, reports, photographs, objects, tangible
`
`things, correspondence, electronic mail, telegrams, cables, telex messages,
`
`telecopies, confirmations, bills, accounts, statements, memoranda, notes, hand
`
`written notes, notations, work papers, transcripts, minutes, notes and reports
`
`and recordings of telephone and other conversations, or of interviews, or of
`
`conferences, or of other meetings, overhead projector slides, or other meeting or
`
`91756850 2
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`-2-
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`
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`conference presentations or aids, affidavits, statements, opinions, reports,
`
`studies, analyses, evaluations, financial statements, prospectuses, circulars,
`
`certificates, press releases, annual reports, quarterly reports, advertisements,
`
`sales promotional literature, magazine articles, newspaper articles, websites,
`
`manuals, contracts, agreements, journals, statistical records, desk calendars,
`
`appointment books, diaries, lists, tabulations, summaries, sound recordings,
`
`video recordings, computer printouts, data processing input and output,
`
`computer source code, developer notes, data backups, microfilms, and all other
`
`records kept by electronic, photographic or mechanical means, and things similar
`
`to any of the foregoing however denominated.
`
`6.
`
`"This Lawsuit" means the civil action entitled LEGO System A/S v.
`
`Rubicon Communications, LP dba SmaiiWorks, Civil Action No. 3:15-cv-00823.
`
`7.
`
`"Relating to" means directly or indirectly concerning, evidencing,
`
`constituting, containing, bearing on, referring to, alluding to, pertaining to,
`
`mentioning, describing, being connected with, reflecting upon, or having been
`
`generated in connection with.
`
`8.
`
`"Identify" or "identifying" means as follows:
`
`(1) with respect to a natural person, state the person's name, residence
`
`address, current place of business and title, current business address, and
`
`current business and residence telephone numbers;
`
`(2) with respect to an entity other than a natural person, state the name,
`
`address, principal place of business, and telephone number of the entity;
`
`91756850 2
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`-3-
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`
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`(3) with respect to a document, including a written communication, state
`
`the title and/or type of document; the date of preparation and/or the date
`
`appearing on the document; every author and recipient of the document; and the
`
`substance of the communication or other document;
`
`(4) with respect to an oral communication, state the manner in which the
`
`communication was made (e.g., by telephone or in a face-to-face meeting); the
`
`date and place of the communication; the persons making and receiving the
`
`communication; and any other persons present when the communication was
`
`made;
`
`(5) with respect to any act, occurrence, transaction, statement or
`
`conduct (collectively, "act"), describe in substance the event or events
`
`constituting such act, the location of the act, the persons involved, and the
`
`documents referring or relating thereto.
`
`INSTRUCTIONS
`
`1.
`
`You must furnish all information within your personal knowledge as
`
`well as that which is reasonably available to you, including information in the
`
`possession of your attorneys, agents, employees, representatives and
`
`investigators. If you cannot answer an interrogatory in full, answer it as
`
`completely as possible. Incomplete answers must be accompanied by an
`
`explanation of reasons why you are unable to answer completely and a statement
`
`of what knowledge, information, or belief you do possess with respect to each
`
`incompletely answered interrogatory.
`
`91756850.2
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`-4-
`
`
`
`2.
`
`Separate and complete responses are required for each
`
`interrogatory.
`
`3. With respect to any refusal to provide information in response to an
`
`interrogatory based upon a claim of privilege, state the general subject matter of
`
`such information and the nature or basis of the privilege claimed and identify all
`
`person(s) with knowledge or information relating to the subject matter that is
`
`purportedly privileged.
`
`4.
`
`If you claim there is any ambiguity in any term in any interrogatory,
`
`without waiver of LEGO's right to receive a full and complete answer to the
`
`interrogatory, you shall assume a reasonable meaning, state what that assumed
`
`meaning is, and answer the interrogatory according to the assumed meaning.
`
`You shall set forth the matter deemed ambiguous and the construction used in
`
`answering.
`
`5.
`
`If any interrogatory is allegedly objectionable because of over
`
`breadth, you must answer the interrogatory to the extent the interrogatory is not
`
`overbroad. In other words, an objection for over breadth does not relieve your
`
`duty to respond to an extent that it is not overbroad, while the parties await
`
`judicial determination on the validity of the objection.
`
`6.
`
`If You are unable after due diligence to answer any of the
`
`interrogatories fully and completely or to secure information necessary to make
`
`such a full and complete answer, so state such fact, and answer each
`
`interrogatory to the fullest extent possible, specifying the information known to
`
`You and Your inability to answer the remainder of the interrogatory, and stating
`
`91756850 2
`
`-5-
`
`
`
`whatever information or knowledge you may have concerning the unanswered
`
`portions of the interrogatory and the efforts made by You to obtain the requested
`
`information.
`
`7.
`
`No part of any interrogatory shall be left unanswered merely because
`
`an objection is interposed to another part of the interrogatory.
`
`8. With respect to any of the following interrogatories as to which, after
`
`answering, you acquire additional knowledge or information, LEGO requests that
`
`you serve amended or supplement responses in accordance with Rule 26(e) of
`
`the Federal Rules of Civil Procedure no more than thirty (30) days after You
`
`acquire such knowledge or information. Each interrogatory shall be construed to
`
`include any information that is later discovered by You.
`
`INTERROGATORY NO. 1
`
`INTERROGATORIES
`
`Identify when and the circumstances under which You first became aware
`
`of any of the Asserted Patents or the applications that led to their issuance,
`
`specifying in Your answer the applicable Asserted Patent.
`
`ANSWER:
`
`INTERROGATORY NO. 2:
`
`Identify and describe in detail all communications between You and any
`
`person relating to any of the Asserted Patents, specifying those communications
`
`91756850 2
`
`-6-
`
`
`
`that took place before May 29, 2015 separately from those communications that
`
`took place on or after May 29, 2015.
`
`ANSWER:
`
`INTERROGATORY NO. 3
`
`State all facts surrounding the origin, creation, design and development of
`
`the BrickCase Products, including the date and identity of all persons involved
`
`and the nature of their involvement.
`
`ANSWER:
`
`INTERROGATORY NO. 4
`
`Describe in detail Your relationship with the following persons and their
`
`involvement, if any, with Rubicon Communications, LP dba SmallWorks and the
`
`development, sale or licensing of the BrickCase Products:
`
`- Pono Paani, LLC
`
`- SmallWorks, LLC
`
`- Rubicon Communications, LLC
`
`- Rubicon Communications Management Group, LLC
`
`- Hunter S. Thompson
`
`- Jamie L. Thompson
`
`- James W. Thompson
`
`- Frazier Newlin
`
`91756850 2
`
`-7-
`
`
`
`ANSWER:
`
`INTERROGATORY NO. 5
`
`Please provide the following information for the BrickCase Products:
`
`i. All names, numbers, grades, sizes or other designations relating to
`
`such products;
`
`ii. The place of manufacture;
`
`iii. The dates on which such products have been made, used, sold,
`
`offered for sale, or imported in the United States.
`
`INTERROGATORY NO. 6
`
`Please provide the following information for the Brickcase Products, by
`
`calendar month and product version, from the date of first sale to present:
`
`a.
`
`The number of units sold, identifying the person who sold
`
`them;
`
`b.
`
`c.
`
`The sales price of each unit;
`
`Your gross income from such sales, specifying separately any
`
`such income derived from licensing;
`
`d.
`
`Your net income from such sales, specifying separately any
`
`such income derived from licensing;
`
`e.
`
`Your profits from such sales, specifying separately any such
`
`profits derived from licensing;
`
`91756850 2
`
`-8-
`
`
`
`f.
`
`An itemized list of the fixed and variable costs associated with
`
`the manufacture, production, marketing, advertising, selling or licensing of
`
`these units.
`
`ANSWER:
`
`INTERROGATORY NO. 7
`
`Identify all persons involved in the marketing, sale, and distribution of the
`
`BrickCase Products.
`
`ANSWER:
`
`INTERROGATORY NO. 8
`
`Describe in detail each and every reason why any of the BrickCase
`
`Products is believed by you not to infringe the Asserted Patents.
`
`ANSWER:
`
`INTERROGATORY NO. 9
`
`Describe in detail all clearance or patentability searches or analyses
`
`conducted by any person in connection with the development of the BrickCase
`
`Products, including the results thereof, and identify all persons involved in or
`
`having knowledge or information relating to such searches or analyses.
`
`ANSWER:
`
`91756850.2
`
`-9-
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`
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`INTERROGATORY NO. 10
`
`Identify all Prior Art that You contend would anticipate or otherwise render
`
`obvious any claim or claims of the Asserted Patents, stating for each piece of
`
`Prior Art:
`
`a. The claim or claims that You contend would be unpatentable over such
`
`Prior Art; and
`
`b. The specific reasons, including an Identification of the specific text in each
`
`Prior Art reference, that You rely on for Your contention that such claim or
`
`claims would be unpatentable.
`
`ANSWER:
`
`INTERROGATORY NO. 11
`
`Describe in detail all actions taken by You in response to this Lawsuit.
`
`ANSWER:
`
`INTERROGATORY NO. 12
`
`Identify all communications or agreements relating in any way to the
`
`subject matter of this Lawsuit between You and any person, including but not
`
`limited to the persons listed in Interrogatory No. 4.
`
`ANSWER:
`
`91756850.2
`
`-10-
`
`
`
`INTERROGATORY NO. 13
`
`Identify each person who answered or assisted in the preparation of the answers
`
`to the foregoing Interrogatories, and identify each Interrogatory which such
`
`person answered or assisted in answering.
`
`ANSWER:
`
`Plaintiff,
`
`LEGO SYSTEM A/S
`
`By its attorneys, .
`
`,—^
`
`By:
`Elizabeth A. Alquist (ct15643)
`Catherine Dugan O'Connor (ct17316)
`DAY PITNEY LLP
`242 Trumbull Street
`Hartford, CT 06103-1212
`Tel: (860) 275-0100
`Fax: (860) 275-0343
`Email: eaalquist@daypitney.com
`cdoconnor@daypitney.com
`
`Attorneys for Plaintiff
`
`917568502
`
`-11-
`
`
`
`CERTIFICATION
`
`I hereby certify that a copy of the foregoing was sent by first class mail and
`
`electronic mail on this 28th day of July, 2015 to:
`
`Stephen P. McNamara
`Benjamin C. White
`St. Onge Steward Johnston & Reens LLC
`986 Bedford Street
`Stamford, CT 06905-5619
`Phone: (203) 324-6155
`Fax: (203) 327-1096
`smcnamara@ssjr.com
`bwhite@ssjr.com
`
`Dwayne Goetzel, Esq.
`Ryan Tyler Beard, Esq.
`MEYERTONS, HOOD, KIVLIN,
`KOWERT & GOETZEL, P.C.
`1120 Capital of Texas Hwy.
`Building 2, Suite 300
`Austin, TX. 78746
`dgoetzel@intprop.com
`rbeard@intprop.com
`
`Catherine Dugan O'Connor
`
`917568502
`
`-12-
`
`
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