UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
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`INTEL CORPORATION, and CAVIUM, LLC,
`Petitioners,
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`v.
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`ALACRITECH, INC.,
`Patent Owner
`________________
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`IPR2018-002341
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`Patent 8,805,948
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`EXHIBIT 2400
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`PATENT OWNER’S DOCUMENT REQUESTS TO PETITIONER
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`1 Cavium, LLC, which filed a Petition in Case IPR2018-00403, has been joined as
`a petitioner in this proceeding.
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`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`INTEL CORPORATION, and CAVIUM, LLC,
`Petitioners,
`
`v.
`
`ALACRITECH, INC.,
`Patent Owner
`________________
`
`IPR2018-002341
`
`Patent 8,805,948
`________________
`
`
`
`
`
`EXHIBIT 2400
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`PATENT OWNER’S DOCUMENT REQUESTS TO PETITIONER
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`1 Cavium, LLC, which filed a Petition in Case IPR2018-00403, has been joined as
`a petitioner in this proceeding.
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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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 in response
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`to the following Requests for Production.
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`INTRODUCTION
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`1.
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`In producing documents responsive to these Requests for Production,
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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 unclear, Petitioners should assume a reasonable meaning, state what the
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`assumed meaning is, and produce documents 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 that
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`Petitioners withhold on the basis of privilege, Petitioner shall provide a privilege
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`log identifying the document’s date, author(s), recipient(s), subject matter, and the
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`basis of the asserted privilege.
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`DEFINITIONS
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`1.
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`“Challenged Patents” means U.S. Patent Nos. 7,124,205, 8,805,948,
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`and 7,945,699.
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`2.
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`3.
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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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`4.
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`“CenturyLink” means CenturyLink, Inc., Tier 3, Inc., Savvis
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`Communications Corp., and CenturyLink Communications LLC.
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`5.
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`“Putative Real Parties in Interest” means Dell, Wistron, and/or
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`CenturyLink.
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`6.
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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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`7.
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`“IPR Proceedings” means IPR Case Nos. IPR2018-00226, IPR2018-
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`00234, and IPR2018-00401.
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`8.
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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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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`should be understood to include written, printed, typed, and electronically
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`reproduced materials.
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`9.
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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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`REQUESTS FOR PRODUCTION
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`Request for Production No. 1:
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`Documents and Communications relating to the indemnification and defense
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`obligations, rights and interests between Intel and Dell, Intel and Wistron, Intel and
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`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
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`the nature and scope of the agreements).
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`Request for Production No. 2:
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`Documents and Communications relating to any representations or
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`warranties made by Intel or Cavium to the Putative Real Parties in Interest about
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`indemnity and defense obligations, rights and interests relating to Alacritech’s
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`patents asserted at anytime in the in the District Court Cases.
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`Request for Production No. 3:
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`Documents and Communications between Petitioners and the Putative Real
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`Parties in Interest concerning the consideration and decision to prepare, review, or
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`file any IPR petition against Alacritech’s patents asserted at anytime in the District
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`Court Cases.
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`Request for Production No. 4:
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`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.
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`2
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