IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`NICHIA CORPORATION,
`
`Plaintiff,
`
`TCL MULTIMEDIA TECHNOLOGY
`
`HOLDINGS, LTD. and
`
`TTE TECHNOLOGY, INC.,
`
`Defendants.
`
`VVVVVVVVVVVVV
`
`CA. No. 16-681-RGA
`
`DEFENDANTS’ OBJECTIONS AND RESPONSES
`
`TO NICHIA CORPORATION’S FIRST SET OF REQUESTS
`FOR THE PRODUCTION OF DOCUMENTS AND THINGS
`
`Nichia EX2011
`
`Nichia EX2011
`
`
`
`FOR THE DISTRICT OF DELAWARE
`
`NICHIA CORPORATION,
`
`Plaintiff,
`
`TCL MULTIMEDIA TECHNOLOGY
`
`HOLDINGS, LTD. and
`
`TTE TECHNOLOGY, INC.,
`
`Defendants.
`
`VVVVVVVVVVVVV
`
`CA. No. 16-681-RGA
`
`DEFENDANTS’ OBJECTIONS AND RESPONSES
`
`TO NICHIA CORPORATION’S FIRST SET OF REQUESTS
`FOR THE PRODUCTION OF DOCUMENTS AND THINGS
`
`Nichia EX2011
`
`Nichia EX2011
`
`
`
`own files; and (vii) it seeks information about a time period that has no bearing on Plaintiff’s
`
`claims.
`
`Subject to and without waiving the foregoing general and specific objections, Defendants
`
`will produce relevant, non-privileged documents responsive to this request in Defendants’
`
`possession, custody, and control that are located after a reasonably diligent search.
`
`REQUEST FOR PRODUCTION NO. 50:
`
`All Documents, including Communications with any third party, Concerning the
`
`preparation and/or filing of the petitions for inter partes review filed by VIZIO, Inc. with the
`
`US. Patent and Trademark Office, which petitions have been assigned Case Nos. IPR2017-
`
`00552, IPR2017-00551, IPR2017-00558, and IPR2017-00556.
`
`RESPONSE TO REQUEST FOR PRODUCTION NO. 50:
`
`Defendants incorporate by reference the General Objections above, as if fully set forth
`herein. Defendants further object to this request to the extent that: (i) it seeks information
`
`protected by the attorney—client privilege, the attorney work product doctrine, and/or other
`
`applicable privileges and protections, including the joint defense privilege and common interest
`
`doctrine; (ii) it seeks information that is neither relevant nor proportional to the needs of the case;
`
`(iii) it is vague, ambiguous, overly broad and unduly burdensome, especially due to
`
`incorporating the terms “Concerning”; (iv) it is overly broad and unduly burdensome, especially
`
`because it seeks “[a]ll” documents; (v) it seeks information unrelated to Plaintiffs infringement
`
`claims and, further, is duplicative of other requests; and (vi) it seeks information or documents
`
`that are either publicly available or are contained in Plaintiff s own files.
`
`46
`
`Nichia EX2011
`
`Nichia EX2011
`
`
`
`Subject to and without waiving the foregoing general and specific objections, Defendants
`
`will produce relevant, non-privileged documents responsive to this request in Defendants’
`
`possession, custody, and control that are located after a reasonably diligent search.
`
`REQUEST FOR PRODUCTION NO. 51:
`
`Documents sufficient to identify the quantity of all Accused Products made, used,
`
`licensed, distributed, supplied, sold, or offered for sale in the United States, on a monthly,
`
`quarterly, and annual basis.
`
`RESPONSE TO RES QUEST FOR PRODUCTION NO. 51:
`
`Defendants incorporate by reference the General Objections above, as if fully set forth
`
`herein. Defendants further object to this request to the extent that: (i) it seeks information
`
`protected by the attorney-client privilege, the attorney work product doctrine, and/or other
`
`applicable privileges and protections, including the joint defense privilege and common interest
`
`doctrine; (ii) it seeks information that is neither relevant nor proportional to the needs of the case;
`
`(iii) it is vague, ambiguous, overly broad and unduly burdensome; (iv) it is overly broad and
`
`unduly burdensome; (v) it seeks information unrelated to Plaintiff s infringement claims and,
`
`further, is duplicative of other requests; and (vi) it seeks information or documents that are either
`
`publicly available or are contained in Plaintiff’s own files.
`
`Subject to and without waiving the foregoing general and specific objections, Defendants
`
`will produce relevant, non-privileged documents responsive to this request in Defendants’
`
`possession, custody, and control that are located after a reasonably diligent search.
`
`RES QUEST FOR PRODUCTION NO. 52:
`
`All Documents that Defendants intend to rely upon to support its determination of
`
`damages for its infringement of the Asserted Patents.
`
`47
`
`Nichia EX2011
`
`Nichia EX2011
`
`
`
`Subject to and without waiving the foregoing general and specific objections, Defendants
`
`will produce relevant, non-privileged documents about the Asserted Patents that are responsive
`
`to this request in Defendants’ possession, custody, and control that are located after a reasonably
`
`diligent search, as they pertain to Nichia Corporation v. VIZIO, Inc, 8:16-cv-00545 (CD. Cal.).
`
`DATED: March 20, 2017
`
`Respectfully submitted,
`
`OF COUNSEL
`
`Raymond N. Nimrod
`James M. Glass
`Gregory C. Wyckoff
`QUINN EMANUEL URQUHART & SULLIVAN,
`LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10001
`Tel: (415) 875-6600
`raynimrod@quinnemanuel.com
`jimglass@quinnemanuel.com
`gregorywyckoff@quinnemanuel.com
`
`By
`
`
`/s/ Arthur G. Connolly
`Arthur G. Connolly, 111 (No. 2667)
`CONNOLLY GALLAGHER LLP
`
`Brandywine Building
`1000 North West Street, 14th Floor
`Wilmington, DE 19801
`Telephone: (3 02)7 57 -7 3 00
`Fax: (302) 757-7299
`
`Attorneys for Defendants TCL Multimedia
`Technology Holdings, Ltd. and TTE Technology,
`Inc.
`
`74
`
`Nichia EX2011
`
`Nichia EX2011
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on March 20, 2017, copies of the foregoing were caused to be served
`
`VIA ELECTRONIC MAIL
`
`VIA ELECTRONIC MAIL
`
`upon the following in the manner indicated:
`
`Jack B. Blumenfeld, Esquire
`Brian P. Egan, Esquire
`MORRIS, NICHOLS, ARSHT & TUNNELL
`LLP
`
`1201 North Market Street
`
`PO. Box 1347
`
`Wilmington, DE 19899
`
`Attorneys for Plaintiff
`
`Catherine Nyarady , Esquire
`Daniel J. Klein, Esquire
`David E. Cole, Esquire
`Kenneth A. Gallo, Esquire
`PAUL, WEISS, RIFKIN D, WHARTON &
`GARRISON LLP
`
`1285 Avenue of the Americas
`
`New York, NY 10019
`
`Attorneys for Plaintiff
`
`
`/s/ Arthur G. Connolly
`Arthur G. Connolly, III (No. 2667)
`
`75
`
`Nichia EX2011
`
`Nichia EX2011
`
`
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