Paper No. _____
`Date Filed: November 1, 2017
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`Filed on behalf of: Koninklijke Philips N.V.
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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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`MICROSOFT CORPORATION AND MICROSOFT MOBILE INC.
`Petitioners,
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`v.
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`KONINKLIJKE PHILIPS N.V.,
`Patent Owner.
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`________________
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`Case IPR2017-01766
`Patent RE44,913
`________________
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`PATENT OWNER’S PROPOSED DISCOVERY REQUESTS
`TO PETITIONERS
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`Philips 2011
`Microsoft v. Philips
`IPR2017-01766
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`Date Filed: November 1, 2017
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`Filed on behalf of: Koninklijke Philips N.V.
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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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`MICROSOFT CORPORATION AND MICROSOFT MOBILE INC.
`Petitioners,
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`v.
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`KONINKLIJKE PHILIPS N.V.,
`Patent Owner.
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`________________
`
`Case IPR2017-01766
`Patent RE44,913
`________________
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`PATENT OWNER’S PROPOSED DISCOVERY REQUESTS
`TO PETITIONERS
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`Philips 2011
`Microsoft v. Philips
`IPR2017-01766
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`Case IPR2017-01766
`U.S. Patent No. RE44,913
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`Patent Owner Koninklijke Philips N.V. (“Philips”) requests that Petitioners
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`Microsoft Corp. and Microsoft Mobile Inc. (collectively “Microsoft”) produce the
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`following documents and things.
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`INSTRUCTIONS
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`1.
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`In responding to and producing documents and things responsive to
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`these Requests, please comply with the Board’s Scheduling Order and instructions
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`in the Patent Trial Practice Guide.
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`2.
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`Please timely amend your responses if you learn that your response is
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`incomplete or if additional responsive information is found.
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`3.
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`You must produce documents and things either (a) as they are kept in
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`the usual course of business, or (b) organized and labeled to correspond with the
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`particular categories set forth below. Please copy and produce any files or
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`containers in which the responsive documents are kept.
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`4.
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`Identify any responsive documents you are aware of but cannot
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`produce because they have been lost or destroyed or are no longer in your
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`possession.
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`5.
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`If you object to a portion or an aspect of any request, state the grounds
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`of your objection with specificity and respond to the remainder of the request.
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`Case IPR2017-01766
`U.S. Patent No. RE44,913
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`6.
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`If, in answering these requests, you encounter any ambiguities when
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`construing a request, instruction, or definition, your response shall set forth the
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`matter deemed ambiguous and the construction used in responding.
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`7.
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`For any document withheld based upon a claim of privilege, please
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`provide a privilege log according to the requirements of Federal Rules of Civil
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`Procedure Rule 26.
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`DEFINITIONS
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`1.
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`The terms “You”, “Your”, “Petitioners” and “Microsoft” shall be
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`understood to include any predecessors, divisions, departments, subsidiaries,
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`parents, affiliates, present or former officers, directors, employees, agents, counsel,
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`representatives, and others authorized to act on the behalf of the party or parties.
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`2.
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`The term “Google” means Google Inc., and includes any
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`predecessors, divisions, departments, subsidiaries, parents, affiliates, present or
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`former officers, directors, employees, agents, counsel, representatives, and others
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`authorized to act on Google’s behalf.
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`3.
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`The term “Acer” means Acer Inc. and Acer America Corporation, and
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`includes any predecessors, divisions, departments, subsidiaries, parents, affiliates,
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`present or former officers, directors, employees, agents, counsel, representatives,
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`and others authorized to act on Acer’s behalf.
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`Case IPR2017-01766
`U.S. Patent No. RE44,913
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`4.
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`The term “ASUS” means ASUSTek Computer Inc. and ASUS
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`Computer International, and includes any predecessors, divisions, departments,
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`subsidiaries, parents, affiliates, present or former officers, directors, employees,
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`agents, counsel, representatives, and others authorized to act on ASUS’s behalf.
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`5.
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`The term “HTC” means HTC Corp. and HTC America Inc., and
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`includes any predecessors, divisions, departments, subsidiaries, parents, affiliates,
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`present or former officers, directors, employees, agents, counsel, representatives,
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`and others authorized to act on HTC’s behalf.
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`6.
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`The term “asserted patents” refers to any of the following patents
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`asserted in the district court litigation and challenged by parties named herein:
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`- U.S. Patent No. RE44,913
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`- U.S. Patent No. RE43,564
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`- U.S. Patent No. 6,690,387
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`- U.S. Patent No. 7,184,064
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`- U.S. Patent No. 6,772,114
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`- U.S. Patent No. 7,529,806
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`- U.S. Patent No. RE44,006
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`- U.S. Patent No. 5,910,797
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`- U.S. Patent No. 6,522,695
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`Case IPR2017-01766
`U.S. Patent No. RE44,913
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`7.
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`The term “district court litigation” includes any of the following
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`district court actions:
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`- Koninklijke Philips N.V. v. HTC Corp., Case No. 1:15-cv-01126-
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`GMS (D. Del.)
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`- Koninklijke Philips N.V. v. Acer Inc., Case No. 1:15-cv-01170-
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`GMS (D. Del.)
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`- Koninklijke Philips N.V. v. Asustek Computer Inc., Case No. 1:15-
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`cv-01125-GMS (D. Del.)
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`- Koninklijke Philips N.V. v. Visual Land, Inc., Case No. 1:15-cv-
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`01127-GMS (D. Del.)
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`- Koninklijke Philips N.V. v. Southern Telecom, Inc., Case No. 1:15-
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`cv-01128-GMS (D. Del.)
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`- Koninklijke Philips N.V. v. Double Power Tech., Inc., Case No.
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`1:15-cv-01130-GMS (D. Del.)
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`- Koninklijke Philips N.V. et al. v. Yifang USA, Inc., Case No. 1:15-
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`cv-01131-GMS (D. Del.)
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`8.
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`The term “document” has the broadest meaning prescribed in the
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`Federal Rules of Civil Procedure Rules 26 and 34, including, but not limited to,
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`electronically stored information (“ESI”) in Your possession, custody, or control.
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`Case IPR2017-01766
`U.S. Patent No. RE44,913
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`REQUESTS FOR PRODUCTION
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`Request for Production No. 1
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`Agreements in force between Microsoft and Acer and/or ASUS relating to
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`indemnifications for and/or options to control defenses (including
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`validity/unpatentability challenges) of patent infringement pertaining to devices
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`containing Microsoft software products.
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`Request for Production No. 2
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`Between December 7, 2015 (the initial filing date of the Acer district court
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`litigation) and July 12, 2017 (the filing date of the present IPR), documents and
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`things related to any direct or indirect cost sharing between Microsoft and Google,
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`Acer, ASUS and/or HTC related, directly or indirectly, to invalidity/unpatentability
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`challenges against the asserted patents, which direct or indirect cost sharing shall
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`be understood to include any division of responsibilities for challenging the
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`asserted patents.
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`Request for Production No. 3
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`Between December 7, 2015 and July 12, 2017, documents and things related
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`to communications with Google, Acer, ASUS and/or HTC concerning challenging
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`the validity/unpatentability of the asserted patents in the USPTO.
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`Request for Production No. 4
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`Case IPR2017-01766
`U.S. Patent No. RE44,913
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`A witness, for deposition, designated by Microsoft as most knowledgeable
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`about any communications between Microsoft and Google, Acer, ASUS, and/or
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`HTC, between December 7, 2015 and July 12, 2017, relating to challenging the
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`validity/unpatentability of the asserted patents in the USPTO.
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`FCHS_WS 13862087v1.doc
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