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`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
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`INTEL CORP., and
`CAVIUM, INC.,
`Petitioner,
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`v.
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`ALACRITECH, INC.,
`Patent Owner
`________________
`
`Case IPR2017-013921
`U.S. Patent No. 7,337,241
`________________
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`PATENT OWNER’S DISCOVERY REQUESTS TO PETITIONERS
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`1 Cavium, who filed a Petition in Case IPR2017-01728, has been joined as a
`petitioner in this proceeding.
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`Alacritech, Ex. 2011 Page 1
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
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`Patent Owner Alacritech, Inc. (“Alacritech”) requests that Petitioners Intel
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`Corporation (“Intel”) and Cavium, Inc. (“Cavium”) produce documents and things
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`in response to the following Requests for Production and provide information in
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`response to the following Interrogatories.
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`INTRODUCTION
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`1.
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`In producing documents and things responsive to these Requests for
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`Production and providing information responsive to these Interrogatories,
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`Petitioners are to comply with Federal Rules of Civil Procedure 26 and 34, the
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`Board’s Scheduling Order and any other Board Order in this proceeding, and the
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`instructions in the Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756 (Aug.
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`14, 2012).
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`2.
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`For each Request for Production, identify any responsive document
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`that Petitioners are aware of but cannot produce because it has been lost or
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`destroyed or is otherwise not in Petitioner’s possession, custody, or control. To the
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`extent you are aware of responsive documents outside of your possession, custody,
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`or control, please identify such documents specifically as well as the person you
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`contend is their proper source or custodian.
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`3.
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`If Petitioners find the meaning of any term in any Request for
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`Production or Interrogatory unclear, Petitioners should assume a reasonable
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`1
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`Alacritech, Ex. 2011 Page 2
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
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`meaning, state what the assumed meaning is, and produce documents and things or
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`provide information on the basis of that assumed meaning.
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`4.
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`For any document responsive to a Request for Production or identified
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`in response to an Interrogatory that Petitioners withhold on the basis of privilege,
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`Petitioner shall provide a privilege log identifying the document’s date, author(s),
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`recipient(s), subject matter, and the basis of the asserted privilege.
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`DEFINITIONS
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`5.
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`“Challenged Patents” means U.S. Patent Nos. 7,237,036, 7,337,241,
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`9,055,104, 7,124,205, 7,673,072, 8,131,880, 8,805,948, and 7,945,699.
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`6.
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`7.
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`“Dell” means Dell Inc.
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`“Wistron” means Wistron Corporation, SMS InfoComm Corporation,
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`and Wiwynn Corporation (“Wiwynn”).
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`8.
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`9.
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`“CenturyLink” means CenturyLink, Inc.
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`“Putative Real Parties in Interest” means Dell, Wistron, and/or
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`CenturyLink.
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`10.
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`“District Court Cases” means Case Nos. 2:16-cv-00695, 2:16-cv-
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`00692, 2:16-cv-00693 filed in the United States District Court for the Eastern
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`District of Texas.
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`11.
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`“IPR Proceedings” means IPR Case Nos. IPR2017-01391, IPR2017-
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`01392, IPR2017-01393, IPR2017-01405, IPR2017-01406, IPR2017-01409,
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`2
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`Alacritech, Ex. 2011 Page 3
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`Case No. IPR2017-01392
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`IPR2017-01410, IPR2017-01718, IPR2017-01728, IPR2017-01714, IPR2017-
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`01707, IPR2017-01737, IPR2017-01736, IPR2017-01735, IPR2017-01395,
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`IPR2017-01402, IPR2017-01559, IPR2017-01705, IPR2017-01711, IPR2017-
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`01713, IPR2017-01729, IPR2017-01732, IPR2017-01733, IPR2017-01734,
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`IPR2018-00226, IPR2018-00234, IPR2018-00327, IPR2018-00328, IPR2018-
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`00329, IPR2018-00336, IPR2018-00338, IPR2018-00339, IPR2018-00371,
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`IPR2018-00372, IPR2018-00374, IPR2018-00375, IPR2018-00400, IPR2018-
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`00401, and IPR2018-00403.
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`12.
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`“Person” means any individual, corporation (including any nonprofit
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`corporation), general or limited partnership, limited liability company, joint
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`venture, estate, trust, association, organization, labor union, governmental
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`authority, or other entity.
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`13.
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`“Documents” is defined as synonymous in meaning and equal in
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`scope to the usage of this term in Federal Rule of Civil Procedure 34(a), and
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`should be understood to include written, printed, typed, and electronically
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`reproduced materials.
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`14.
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`“Communication” should be understood to include all inquiries,
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`discussions, conversations, negotiations, agreements, understandings, meetings,
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`telephone conversations, letters, facsimiles, notes, telegrams, advertisements, or
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`other forms of verbal exchange, whether oral or written.
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`3
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`Alacritech, Ex. 2011 Page 4
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`U.S. Patent No. 7,337,241
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`REQUESTS FOR PRODUCTION
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`Request for Production No. 1:
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`Documents showing the indemnification and defense obligations between
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`Intel and Dell, Intel and Wistron, and Cavium and Dell against Alacritech’s patents
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`referenced in Intel’s and Cavium’s motions to intervene in the District Court Cases
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`(including documents giving rise to such indemnification obligations, documents
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`tendering and documents memorializing the nature and scope of the agreements).2
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`Request for Production No. 2:
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`Agreements and proposals for agreements, and documents reflecting
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`discussions of either, to which Petitioner is or was a party, that concern the IPR
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`Proceedings or the Challenged Patents.3
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`Request for Production No. 3:
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`A copy of any invoice, requests for reimbursement, or the like received or
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`provided by or on behalf of Petitioner or any Putative Real Party in Interest
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`2 This request is similar to RFP No. 4 approved in Dr. Michael Farmwald and
`RPX Corporation v. Parkervision, Inc., IPR2014-00946 Ex. 2022 and Paper 25 at
`9; see also American Simmental Association v. Leachman Cattle of Colorado,
`LLC, PGR2015-00003 Ex. 2007 (RFP Nos. 5 and 6) and Paper 32 at 12.
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`3 This request is modeled after RFP No. 5 approved in American Simental
`Association v. Leachman Cattle of Colorado, LLC, PGR2015-00003 Ex. 2007 and
`Paper 32 at 11; see also Dr. Michael Farmwald and RPX Corporation v.
`Parkervision, Inc., IPR2014-00946 Ex. 2022 (RFP 3) and Paper 25 at 9.
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`4
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`Alacritech, Ex. 2011 Page 5
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`requesting payment of or reimbursement for the inter partes review filing
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`(including request fees and post-institution fees) paid in the IPR Proceedings.4
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`Request for Production No. 4:
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`Unredacted versions of Alston & Bird’s invoices produced in the District
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`Court cases with bates label DELL_ALACRITECH_01254818-01254990.5
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`Request for Production No. 5:
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`Documents constituting or relating to communications (e.g., calendar entries,
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`transcripts, notes, invoices, summaries) involving, on the one hand, Petitioner and,
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`on the other hand, any Putative Real Party in Interest that concern the IPR
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`Proceedings, including (a) communications relating to any Putative Real Party in
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`Interest’s funding of or involvement (including the preparation or filing of the
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`petition) in the IPR Proceedings and (b) communications relating to the retention
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`or destruction of documents or communications concerning any Putative Real
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`4 This request is modeled after RFP No. 2 approved in American Simental
`Association v. Leachman Cattle of Colorado, LLC, PGR2015-00003 Ex. 2007 and
`Paper 32 at 11.
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`5 This request is similar to and narrower than RFP No. 2 approved in American
`Simmental Association v. Leachman Cattle of Colorado, LLC, PGR2015-00003
`Ex. 2007 and Paper 32 at 12.
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`5
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`Alacritech, Ex. 2011 Page 6
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`U.S. Patent No. 7,337,241
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`Party in Interest’s funding of or control or direction over any aspect of the IPR
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`Proceedings.6
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`Interrogatory No. 1:
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`INTERROGATORIES
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`Identify all Person(s) (excluding Petitioners and Petitioners’ counsel) that
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`have provided assistance in the form of drafting or reviewing and commenting on
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`the petitions filed in the IPR Proceedings. For each such Person, identify the
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`Person by name and last known address and the date(s) and description(s) of any
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`such assistance such Person provided.7
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`Interrogatory No. 2:
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`Identify all Person(s) other than Petitioners and Petitioners’ counsel that
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`received the petitions of the IPR Proceedings before such petitions were filed. For
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`each such Person, identify the Person by name and last known address and the
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`date(s) of the reception of the petition(s).8
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`6 This request is modeled after RFP No. 6 approved in American Simental
`Association v. Leachman Cattle of Colorado, LLC, PGR2015-00003 Ex. 2007 and
`Paper 32 at 11; see also Dr. Michael Farmwald and RPX Corporation v.
`Parkervision, Inc., IPR2014-00946 Ex. 2022 (RFP 2) and Paper 25 at 9.
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`7 This interrogatory is modeled after ROG No. 3 approved in American
`Simmental Association v. Leachman Cattle of Colorado, LLC, PGR2015-00003
`Ex. 2007 and Paper 32 at 12.
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`8 This interrogatory is modeled after ROG No. 3 approved in American
`Simmental Association v. Leachman Cattle of Colorado, LLC, PGR2015-00003
`Ex. 2007 and Paper 32 at 12.
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`6
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`Alacritech, Ex. 2011 Page 7
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
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`Date: January 5, 2018
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` Respectfully submitted,
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`By: /s/ James M. Glass, Reg. No. 46,729
` James M. Glass (Reg. No. 46,729)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`Tel: (212) 849-7000
`Fax: (212) 849-7100
`Email: jimglass@quinnemanuel.com
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`Lead Attorney for Patent Owner –
`Alacritech, Inc.
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`7
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`Alacritech, Ex. 2011 Page 8
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certify that
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`PATENT OWNER’S DISCOVERY REQUESTS TO PETITIONERS was served
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`on January 5, 2018 by filing it through the Patent Review Processing System, as
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`well as by e-mailing copies to:
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`Garland T. Stephens (Reg. No. 37,242)
`garland.stephens@weil.com
`intel.alacritech.ipr@weil.com
`WEIL, GOTSHAL & MANGES LLP
`700 LOUISIANA, SUITE 1700
`HOUSTON, TX 77002-2784
`
`Anne M. Cappella (Reg. No. 43,217)
`Adrian Percer (Reg. No. 46,986)
`Jeremy Jason Lang (Reg. No. 73,604)
`Weil, Gotshal & Manges LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`Tel: (650) 802-3141
`Fax: (650) 802-3100
`anne.cappella@weil.com
`adrian.percer@weil.com
`jason.lang@weil.com
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`Patrick McPherson (Reg. No. 46,255)
`pdmcpherson@duanemorris.com
`505 9th Street, N.W., Suite 1000
`Washington, D.C. 20004
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`Date: January 5, 2018
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`
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`Respectfully submitted,
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`By: /s/ James M. Glass, Reg. No. 46,729
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`8
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`Alacritech, Ex. 2011 Page 9
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
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` James M. Glass (Reg. No. 46,729)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`jimglass@quinnemanuel.com
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`
`Lead Attorney for Patent Owner –
`Alacritech, Inc.
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`9
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`Alacritech, Ex. 2011 Page 10
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