IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`UNILOC 2017, LLC,
` Plaintiff,
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`v.
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`GOOGLE, LLC,
` Defendant.
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`Case No. 2:18-cv-00494
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`UNILOC’S FIRST SET OF INTERROGATORIES
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`Pursuant to Rule 34 of the Federal Rules of Civil Procedure, Plaintiff Uniloc 2017, LLC
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`(“Uniloc”) requests that Defendant Google, LLC (“Google”) respectfully, answer each of the
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`following Interrogatories under oath in the manner and within the time prescribed by law.
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`DEFINITIONS
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`1.
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`The terms “DEFENDANT,” “GOOGLE,” “YOUR,” and “YOU” as used herein
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`shall refer to Defendant Google, LLC as well as any parent, subsidiary, division, or related
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`company, any business entity controlled by or operated on behalf thereof, any predecessors
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`thereof, and any and all agents, directors, owners, officers, attorneys, employees, representatives,
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`subcontractors, and/or any PERSON acting on its behalf.
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`2.
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`The term “PLAINTIFF” or “UNILOC” as used herein shall refer to Plaintiff Uniloc
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`2017, LLC as well as any parent, subsidiary, division, or related company, any business entity
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`controlled by or operated on behalf thereof, any predecessors thereof, and any and all agents,
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`directors, owners, officers, attorneys, employees, representatives, subcontractors, and/or any
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`PERSON acting on their behalf.
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`3.
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`The phrase “ACCUSED INSTRUMENTALITY” refers to the instrumentalities
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`identified in the complaint (as may be amended) as well as the infringement contentions served in
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`this case.
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`4.
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`The term “‘892 PATENT” or “PATENT-IN-SUIT” as used herein means U.S.
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`Patent No. 6,285,892.
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`5.
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`The phrase “PRIOR ART” as used herein means any printed publication, any public
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`use, any public knowledge, any sale, or any patent for sale anywhere in the world which YOU
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`believe may be material to the validity of the PATENT-IN-SUIT.
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`6.
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`The term “COMMUNICATION” as used herein means the transmittal of
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`information in the form of facts, ideas, inquiries, or otherwise, in any form, including without
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`limitation personal, telephonic, written, e-mail, facsimile, and telex.
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`7.
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`The term “DOCUMENT” as used herein (whether in the plural or singular) means
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`any writing or other tangible thing from which data or information can be obtained (translated if
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`necessary through detection devices into reasonably usable form), and which is known to YOU,
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`or in YOUR custody, possession, or control, whether printed, recorded, reproduced by any process,
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`or written or produced by hand, whether or not claimed to be privileged or exempt from production
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`for any reason. Writings and tangible things that are included within this definition encompass
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`letters, correspondence, electronic mail messages (in electronic or hard copy form), videos,
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`presentations (including any corresponding deck of slides), tape recordings, reports, agreements,
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`communications including intercompany communications, telegrams, memoranda, summaries,
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`forecasts, photographs, models, wiki repositories, version control documentation on code (e.g.,
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`Perforce or the like), statistical statements, graphs, laboratory and engineering reports and
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`notebooks, calendars, day-planners, electronic information within handheld organizing devices,
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`charts, plans, manuals, operational guidelines, maintenance schedules, CAD/CAM files,
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`specifications, test scripts, manuals, web pages, drawings, diagrams, minutes of records of
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`meetings or conferences, expressions or statements of policy, lists of persons attending meetings
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`or conferences, customer lists, reports and/or summaries of interviews, reports and/or summaries
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`or investigations, opinions or reports of consultants, appraisals, records, reports or summaries of
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`negotiations, brochures, pamphlets, advertisements, circulars, trade letters, press releases, drafts
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`of any DOCUMENTS, revisions of drafts of any DOCUMENTS, cancelled checks, bank
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`statements, invoices, receipts and originals of promissory notes, surveys, computer printouts,
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`computer disks, photostats, motion pictures, slides, and sketches. The foregoing list is not an
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`exclusive definition, but is intended to aid YOU in producing the DOCUMENTS. In addition to
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`the items listed above, any comment or notation appearing on any document, and not part of the
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`original text, is considered a separate document and any draft of preliminary form of any document
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`is also considered a separate document.
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`8.
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`As used herein, the singular form shall include the plural, and vice versa, wherever
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`such dual construction will serve to bring within the scope of this request any DOCUMENTS
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`which would otherwise not be brought within its scope.
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`9.
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`As used herein, the conjunctives “and” and “or” shall be construed both
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`conjunctively and disjunctively, and each shall include the other wherever such dual construction
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`will serve to bring within the scope of this request any DOCUMENTS which would otherwise not
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`be brought within its scope.
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`10. The term “IDENTIFY” or “IDENTITY” when used with reference to a
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`“DOCUMENT” means to provide with respect to each document requested to be identified by
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`these interrogatories or are mentioned or referred to in any of your answers to these interrogatories,
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`the following information: its nature, e.g., letter, memorandum, etc.; the date it was sent; the date
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`it was received; the identity of the person sending it; the identity of the person to whom it was
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`sent; the identity of the person or persons to whom a copy or copies were sent; a statement as to
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`who each such person represented or purported to represent; statement of the substance of the
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`subject matter of the document; and the name and last known address of the person who presently
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`has custody of the document and each non-conforming copy.
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`11. The term “IDENTIFY” or “IDENTITY” when used with reference to a “PERSON”
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`means to state the person’s full name and last known business and residence address and telephone
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`number and, where appropriate, the person’s title and occupation at the present time and at the
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`time stated in the interrogatory or response thereto as well as the date ranges the person provided
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`services to YOU and in what capacity, if relevant.
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`12. The
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`term “IDENTIFY” or “IDENTITY” when used with reference
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`to
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`“COMMUNICATION” means with respect to each oral communication requested to be identified
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`by any of these interrogatories, or mentioned or referred to in any of your answers to any of these
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`interrogatories to: state the date and place of the communication and whether it was in person or
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`by telephone; identify, in a manner described above, each and every person who participated in,
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`heard any part of, or in any way has knowledge or information concerning such communication;
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`state what was said by each person who participated in such communication; and identify, in the
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`manner described, each and every DOCUMENT that recorded, summarized, confirmed, referred
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`to or pertained to such COMMUNICATION.
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`13. The term “STATE ALL FACTS” means that YOU are to provide a full and
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`complete statement of all facts relating to the subject matter of the Interrogatory, including the
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`IDENTITY of any individual or witness having knowledge of any such fact, including their last
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`known address and phone number and the IDENTITY of any DOCUMENT that refers, relates, or
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`evidences any such fact.
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`INSTRUCTIONS
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`1.
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`The following Interrogatories are being served in accordance with Rule 33 of
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`Federal Rules of Civil Procedure. Each Interrogatory must be answered in full after a diligent
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`search has been made to locate all the requested information. This search includes examination of
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`all DOCUMENTS, as well as other information possessed by DEFENDANT, its attorneys,
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`accountants, investigators, bankers, agents, employees, subsidiaries, divisions, representatives, or
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`other persons acting on its behalf or under its control. If YOU are unable to answer any
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`Interrogatory fully and completely after exercising due diligence to secure the requested
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`information, please so state and answer the Interrogatory to the extent that YOU are able. As to
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`each incomplete answer, specify the portion of the Interrogatory that YOU claim YOU are unable
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`to answer fully and completely, state the facts which support YOUR contention that YOU are
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`unable to answer that Interrogatory fully and completely, and state what knowledge, information,
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`and belief YOU have concerning the unanswered portion of each such Interrogatory.
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`2.
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`If information concerning any DOCUMENT requested to be identified herein is
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`withheld by YOU based upon a claim of privilege, state as to each such DOCUMENT: The
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`privilege asserted and its basis; the nature of the DOCUMENT withheld (e.g., letter memorandum,
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`etc.); the date of the DOCUMENT; the identity of the author and his/her relationship to YOU at
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`the time of the document’s creation; the identity of each recipient of the DOCUMENT or any copy
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`thereof; the length of the DOCUMENT and pages and his/her relationship to YOU at the time of
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`the document’s creation; the location of the original and each copy of the DOCUMENT; and the
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`general subject matter of the DOCUMENT.
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`3.
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`If information concerning any COMMUNICATION is withheld by you based on a
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`claim of privilege, state as to each such COMMUNICATION: The privileges asserted and its
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`basis; whether the COMMUNICATION was in person or by telephone; the date of the
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`COMMUNICATION; the IDENTITY of the participants in a COMMUNICATION, all other
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`persons present,
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`all persons having knowledge or
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`information
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`concerning
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`the
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`COMMUNICATION; the IDENTITY of each DOCUMENT reflecting or pertaining, relating or
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`referring to the COMMUNICATION; and the general subject matter of the COMMUNICATION.
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`4.
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`Each Interrogatory is a continuing one and requires a further and/or supplemental
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`response whenever a previous response becomes incomplete or inaccurate.
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`5.
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`Unless stated otherwise, either in the Interrogatory itself or included within a
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`particular definition, these Interrogatories are not limited to any particular time frame.
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`6.
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`The Federal Rules of Civil Procedure place an affirmative duty to supplement these
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`responses with (1) the IDENTITY and location of PERSONS having knowledge of discoverable
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`matters; and (2) the IDENTITY of each PERSON expected to be called as an expert witness at
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`trial, the subject matter on which the PERSON is expected to testify, and the substance of the
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`PERSON’S testimony, in addition to any subsequently discovered information that makes a prior
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`response incorrect, or any other circumstances where failing to amend the response constitutes a
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`knowing concealment.
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`INTERROGATORY NO. 1:
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`INTERROGATORIES
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`For each ACCUSED INSTRUMENTALITY, identify each version made, imported, used,
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`sold, offered for sale, provided, supported, or caused to be provided by or on behalf of YOU,
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`including the identification of the beginning and end dates during which each version of the
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`ACCUSED INSTRUMENTALITY was made, imported, used, sold, offered for sale, provided,
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`supported, or caused to be provided along and DOCUMENTS used to develop YOUR response.
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`YOUR answer should use the format of the following exemplary table:
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`Accused
`Instrumentality
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`Version
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`Dates
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`Bates Number
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`INTERROGATORY NO. 2:
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`Separately for each ACCUSED INSTRUMENTALITY, identify two key individuals
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`responsible for the design or development of the following features or functionality of the
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`ACCUSED INSTRUMENTALITY: (a) the system architecture; (b) data flow; (c) the architecture;
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`(d) the provision of any service or features utilizing the technology; and (e) software associated
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`therewith. For the purposes of this Interrogatory, the term “identify” requires you to state for each
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`individual identified: the name and title of individual; the person’s current contact information
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`(i.e., address, telephone number, e-mail, etc.); the nature of the work performed on the ACCUSED
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`INSTRUMENTALITY; a detailed description of the feature or functionality for each ACCUSED
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`INSTRUMENTALITY for which the person was responsible; and the date(s) of each such
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`person’s involvement.
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`INTERROGATORY NO. 3:
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`Separately for each asserted claim of the PATENTS-IN-SUIT and each ACCUSED
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`INSTRUMENTALITY and each version of products or software corresponding to the ACCUSED
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`INSTRUMENTALITY made, imported, used, sold, offered for sale, provided, supported, or
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`caused to be provided by or on behalf of YOU, IDENTIFY and describe your non-infringement
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`assertion, argument or contention and all facts and DOCUMENTS that support or refute any non-
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`infringement assertion, argument or contention that YOU are aware of, that YOU may rely upon
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`to negate any finding or assertion of intent to infringe (e.g., for induced or willful infringement),
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`that YOU may present in any dispositive or non-dispositive motion brought in this matter, that
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`YOU may present at trial in this matter, and/or that YOU may rely upon for any other purpose in
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`this matter. YOUR answer should include an IDENTIFICATION of the date YOU first formed
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`each such belief, the identity of all persons who have that belief (including the date each such
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`person formed such belief), and an identification by Bates number of any DOCUMENTS that
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`relate to, support, or refute YOUR answer. If you refuse to answer this interrogatory, please
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`identify all relevant case law rebutting the following case law: Round Rock Research, LLC v.
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`Oracle Corporation, et. al. Case No. 4-11-cv-00332 (E.D.Tex. Mar. 6, 2012)(“Plaintiff requests
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`Defendant provide non-infringement contentions in response to Interrogatory No. 6. Defendant
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`asserts that the request prematurely seeks to elicit Defendant’s claim construction positions.
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`Further, Defendant argues that the request is unduly burdensome and unreasonable given the
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`claims amount alleged by Plaintiff. Plaintiff’s request is not designed to elicit Defendant’s claim
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`construction position, and is attempting to specifically determine Defendant’s non-infringement
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`contentions. Therefore, under Patent Rule 2-5, Defendant’s objection that Interrogatory No. 6 is
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`premature is an improper objection. Further, Defendant’s argument has been rejected by other
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`courts in this district. Therefore, the Court finds Plaintiff’s Motion to Compel should be granted.”);
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`Oasis Research, LLC v. Adrive, LLC, et. al., Case No. 4-10-cv-00435 (E.D.Tex Sept. 13, 2011)(
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`"Plaintiff’s request is not designed to elicit Defendants’ claim construction position, and is
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`attempting to specifically determine Defendants’ non-infringement contentions. Therefore, under
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`Patent Rule 2-5, Defendants’ objection that [the interrogatory] is premature is an improper
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`objection.”); Beneficial Innovations, Inc. v. AOL, LLC. et al., Case No. 2-07-cv-00555 (E.D.Tex.
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`May 26, 2010)(“[Defendants] must provide [plaintiff] with full and complete answers to
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`[plaintiff's] interrogatories seeking [defendants'] non-infringement contentions.”).
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`INTERROGATORY NO. 4:
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`For each version of products or software corresponding
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`to
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`the ACCUSED
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`INSTRUMENTALITY made, imported, used, sold, offered for sale, provided, supported, or
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`caused to be provided by or on behalf of YOU, please IDENTIFY all ways in which YOU derived
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`or will derive revenue along with any DOCUMENTS used to develop your response and revenue,
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`profit and costs associated with each ACCUSED INSTRUMENTALITY.
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`INTERROGATORY NO. 5:
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`Describe in detail the location and format in which YOU maintain and/or store documents
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`and/or information related to the structure, components, function and operation of each version of
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`the ACCUSED INSTRUMENTALITY including, but not limited to, software, source code
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`(including all versions or releases), firmware, schematic diagrams, manufacturing specifications,
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`technical specifications, hardware description documents, software or firmware description
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`documents, functional description documents, engineering drawings or blue prints, operating
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`manuals, and/or user manuals relating to the technology and identify each employee (other than
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`counsel) knowledgeable of the same, including for each person identified, their title, address,
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`telephone number, and a fair summary of the substance of that person’s areas of knowledge
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`regarding the ACCUSED INSTRUMENTALITY.
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`INTERROGATORY NO. 6:
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`IDENTIFY by Bates number and describe all licenses, settlement agreements, or
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`covenants-not-to-sue, technology transfer agreements or any other agreements or contracts
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`providing any rights to patents or technologies entered into by YOU, or of which YOU are aware,
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`that relate to any patent or patent application (from any jurisdiction or nationality) that (i) relates
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`to the functions and features set forth in PLAINTIFFS’ infringement contentions for each
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`ACCUSED INSTRUMENTALITY or technology that you contend is similar to the functions and
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`for each ACCUSED INSTRUMENTALITY or that (ii) YOU contend is comparable to a license
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`that YOU and PLAINTIFFS would have agreed to in a hypothetical negotiation in this case.
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`INTERROGATORY NO. 7:
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`Describe the circumstances of how YOU became aware of the PATENT-IN-SUIT,
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`including an identification of all persons that became aware of the PATENT-IN-SUIT to the filing
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`of the present complaint, when each person became aware of the PATENT-IN-SUIT patents, and
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`how each person became aware of the PATENT-IN-SUIT.
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`Dated: September 10, 2019
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`Respectfully submitted,
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`By: /s/ Ryan S. Loveless
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`James L. Etheridge
`Texas State Bar No. 24059147
`Ryan S. Loveless
`Texas State Bar No. 24036997
`Travis L. Richins
`Texas State Bar No. 24061296
`Jeffrey Huang
`California State Bar No. 266774
`ETHERIDGE LAW GROUP, PLLC
`2600 E. Southlake Blvd., Suite 120/324
`Southlake, Texas 76092
`Telephone: (817) 470-7249
`Facsimile: (817) 887-5950
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`Jim@EtheridgeLaw.com
`Ryan@EtheridgeLaw.com
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`Travis@EtheridgeLaw.com
`Jeff@EtheridgeLaw.com
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`Attorneys for Plaintiff Uniloc 2017, LLC
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`CERTIFICATE OF SERVICE
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`I certify that on September 10, 2019 a true and correct copy of the foregoing document was
`served upon all counsel of record via email under this Court’s Local Rules.
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`/s/ Ryan S. Loveless
`Ryan S. Loveless
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