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