`
`Filed: January 4, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`INTEL CORP., and CAVIUM, INC.
`Petitioner,
`
`v.
`
`ALACRITECH, INC.,
`Patent Owner.
`______________________
`
`Case IPR2018-002341
`U.S. Patent No. 8,805,948
`______________________
`
`PETITIONER’S RESPONSES TO PATENT OWNER’S
`REQUESTS FOR ADDITIONAL DISCOVERY
`
`
`
` 1
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` Cavium, Inc., which filed a Petition in Case IPR2018-00403, has been joined as a
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`petitioner in this proceeding.
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`
`
`
`
`
`
`Case IPR2018-00234
`U.S. Patent No. 8,805,948
`Petitioner Intel Corporation (“Petitioner”) responds to Patent Owner’s
`
`requests for production as follows:
`
`I.
`
`GENERAL OBJECTIONS
`
`1.
`
`Petitioner objects to Patent Owner’s requests to the extent that the
`
`requests impose requirements that are broader than, or inconsistent with the
`
`requirements set forth in the Office Patent Trial Practice Guide.
`
`2.
`
`Petitioner objects to Patent Owner’s requests to the extent they request
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`information, including confidential or proprietary business information of Petitioner,
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`which is not relevant to the issue of whether Dell, Wistron, or CenturyLink are real
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`party in interests to this IPR or in privity with Petitioner.
`
`3.
`
`Petitioner objects to the requests to the extent they request information
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`protected as work product, attorney client privilege, common interest privilege,
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`and/or any other applicable privilege, prohibition, limitation or immunity from
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`disclosure.
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`4.
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`Petitioner objects to the requests to the extent that they are vague,
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`overly broad, unduly burdensome, and seek duplicative information.
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`II. REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS
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`Subject to the General Objections above, Petitioners respond as follows:
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`
`
`1
`
`
`
`Case IPR2018-00234
`U.S. Patent No. 8,805,948
`
`Request for Production No. 1
`Documents and Communications relating to the indemnification and defense
`
`obligations, rights and interests between Intel and Dell, Intel and Wistron, Intel and
`
`CenturyLink, and Cavium and Dell relating to Alacritech’s patents asserted at
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`anytime in the in the District Court Cases (including documents giving rise to such
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`indemnification obligations, documents tendering and documents memorializing the
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`nature and scope of the agreements).
`
`Response to Request for Production No. 1
`Petitioner objects to this request as vague, ambiguous, and overly broad.
`
`Petitioner further objects that this request seeks information that is not relevant to
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`any issue in this IPR.
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`Subject to and without waiving its general and specific objections, and to the
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`extent this request can be reasonably understood, Petitioner will conduct a
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`reasonable search for documents and communications and produce non-privileged,
`
`responsive documents and communications between Petitioner and Dell, Wistron or
`
`CenturyLink related to Petitioner’s indemnification and defense obligations to Dell,
`
`Wistron or CenturyLink relating to Alacritech’s patents asserted in the District Court
`
`cases, if any exist.
`
`Request for Production No. 2
`Documents and Communications relating to any representations or warranties
`
`made by Intel or Cavium to the Putative Real Parties in Interest about indemnity and
`2
`
`
`
`
`
`Case IPR2018-00234
`U.S. Patent No. 8,805,948
`defense obligations, rights and interests relating to Alacritech’s patents asserted at
`
`anytime in the in the District Court Cases.
`
`Response to Request for Production No. 2
`Petitioner objects to this request as vague, ambiguous, and overly broad.
`
`Petitioner further objects that this request seeks information that is not relevant to
`
`any issue in this IPR.
`
`Subject to and without waiving its general and specific objections, and to the
`
`extent this request can be reasonably understood, Petitioner will conduct a
`
`reasonable search for documents and communications and produce non-privileged,
`
`responsive documents and communications between Petitioner and Dell, Wistron or
`
`CenturyLink related to Petitioner’s indemnification and defense obligations to Dell,
`
`Wistron or CenturyLink relating to Alacritech’s patents asserted in the District Court
`
`cases, if any exist.
`
` Request for Production No. 3
`Documents and Communications between Petitioners and the Putative Real
`
`Parties in Interest concerning the consideration and decision to prepare, review, or
`
`file any IPR petition against Alacritech’s patents asserted at anytime in the District
`
`Court Cases.
`
`
`
`3
`
`
`
`Case IPR2018-00234
`U.S. Patent No. 8,805,948
`
`Response to Request for Production No. 3
`Petitioner objects to this request as vague, ambiguous, and overly broad.
`
`Petitioner further objects that this request seeks information that is not relevant to
`
`any issue in this IPR.
`
`Subject to and without waiving its general and specific objections, and to the
`
`extent this request can be reasonably understood, Petitioner will conduct a
`
`reasonable search for documents and produce non-privileged, responsive documents
`
`concerning the consideration and decision to prepare, review, or file any IPR petition
`
`against Alacritech’s patents asserted in the District Court cases, if any exist.
`
`Request for Production No. 4
`Documents memorializing the relationship(s) between Petitioners and the
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`Putative Real Parties in Interest, including indemnity and defense agreements, and
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`any participation in Board membership, ownership interests, agency designations,
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`legal representations, and/or financial investments if any exist.
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`Response to Request for Production No. 4
`Petitioner objects to this request as vague, ambiguous, and overly broad.
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`Petitioner further objects that this request seeks information that is not relevant to
`
`any issue in this IPR. The PTAB has clarified that this request is limited to
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`documents that relate to Alacritech’s patents, to these proceedings, or to the
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`indemnification or defense agreements having relevance to Alacritech’s patents or
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`to these proceedings if any exist.
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`
`
`4
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`
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`Case IPR2018-00234
`U.S. Patent No. 8,805,948
`Subject to and without waiving its general and specific objections, and to the
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`extent this request can be reasonably understood, Petitioner will conduct a
`
`reasonable search for documents and produce non-privileged, responsive documents
`
`memorializing the relationship between Petitioner and Dell, Wistron or CenturyLink
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`related to Alacritech’s patents, to these proceedings, or to the indemnification or
`
`defense agreements having relevance to Alacritech’s patents or to these proceedings,
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`if any exist.
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`
`
`
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`
`
`
`5
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`
`
`Dated: January 4, 2018
`
`
`
`
`
`
`
`Case IPR2018-00234
`U.S. Patent No. 8,805,948
`
`Respectfully submitted,
`
`/s/ Garland T. Stephens
`Garland T. Stephens, Reg. No. 37,242
`Justin L. Constant, Reg. No. 66,883
`Melissa Hotze, Reg. No. 55,279
`Weil, Gotshal & Manges LLP
`700 Louisiana, Suite 1700
`Houston, TX 77002
`Tel: (713) 546-5000
`Fax: (713) 224-9511
`garland.stephens@weil.com
`justin.constant@weil.com
`melissa.hotze@weil.com
`
`Anne M. Cappella, Reg. No. 43,217
`Adrian Percer, Reg. No. 46,986
`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
`
`William S. Ansley, Reg. No. 67,828
`Weil, Gotshal & Manges LLP
`2001 M Street, N.W, Suite 600
`Washington, DC 20036
`Tel: (202) 682-7000
`Fax: (202) 857-0940
`sutton.ansley@weil.com
`
`Attorneys for Petitioner Intel Corporation
`
`
`
`
`6
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`
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`CERTIFICATE OF SERVICE
`
`I hereby certify that on January 4, 2018, a copy of PETITIONER’S
`
`RESPONSES TO PATENT OWNER’S REQUESTS FOR ADDITIONAL
`
`DISCOVERY was served by delivering a copy via electronic mail upon the
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`following:
`
`James M. Glass
`Registration No. 46,729
`Quinn Emanuel Urquhart & Sullivan LLP
`51 Madison Ave., 22nd Fl.
`New York, NY 10010
`Tel.: (212) 849-7000
`Email: jimglass@quinnemanuel.com
`
`Joseph M. Paunovich
`Registration No. 59,033
`Quinn Emanuel Urquhart & Sullivan LLP
`865 S. Figueroa Street, 10th Fl.
`Los Angeles, CA 90017
`Tel.: (213) 443-3000
`Email: joepaunovich@quinnemanuel.com
`
`Brian E. Mack
`Registration No. 57,189
`Quinn Emanuel Urquhart & Sullivan LLP
`50 California Street, 22nd Fl.
`San Francisco, CA 94111
`Tel.: (415) 875-6600
`Email: brianmack@quinnemanuel.com
`
`
`
`
`
`
`
`
`Mark Lauer
`Registration No. 36,578
`Silicon Edge Law Group LLP
`7901 Stoneridge Dr., Ste. 528
`Pleasanton, CA 94588
`Tel.: (925) 621-2121
`Email: mark@siliconedgelaw.com
`
`
`
`Dated: January 4, 2019
`
`/s/ Garland T. Stephens
`Garland T. Stephens
`Reg. No. 37,242
`
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