IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`CYWEE GROUP LTD.,
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`CASE NO. 1:18-cv-00571-RGA
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`Plaintiff,
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`v.
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`GOOGLE LLC,
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`Defendant.
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`JURY TRIAL DEMANDED
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`PLAINTIFF’S FIRST REQUESTS FOR PRODUCTION
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`TO: Defendant Google LLC by and through its attorneys of record, Frederick L. Cottrell,
`III, Kelly E. Farnan, and Sara M. Metzler, RICHARDS, LAYTON & FINGER P.A., One
`Rodney Square, 920 N. King Street, Wilmington, DE 19801, and Darin W. Snyder,
`Luann L. Simmons, David S. Almeling, Mishima Alam, and Bill Trac, O’MELVENY
`& MYERS LLP, Two Embarcadero Center, 28th Floor, San Francisco, CA 94111.
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` Pursuant to Federal Rule of Civil Procedure 34, Plaintiff CyWee Group Ltd.
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`(“CyWee”) hereby requests that Defendant Google LLC (“Google”) produce within thirty
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`(30) days of service hereof all documents and things in its possession, custody, or control
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`that are responsive to any of the following Requests to the offices of Shore Chan
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`DePumpo LLP, 901 Main Street, Suite 3300, Dallas, Texas 75202.
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`Plaintiff’s First Requests for Production
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`Page 1
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`GOOGLE 1013
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`I. DEFINITIONS
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`1.
`form, via any medium including, without limitation, documents incorporating,
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`The term “Communication” means any transmission of information, in any
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`summarizing or describing the contents of the transmission, meetings and discussions,
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`telephone conversations, emails, letters, text messages, or any document containing a
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`recording, transcription, summary, or description or identifying the time, place, subject
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`matter, medium of transmission and/or participants in the transmission.
`2.
`3.
`should be considered equal in scope to the usage of this term in FED. R. CIV. P. 34(a) as
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`The term “Document” shall be defined to the broadest extent possible and
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`The term “CyWee” means Plaintiff CyWee Group Ltd.
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`well as applicable case law, and shall be construed to mean, without limitation, any
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`written, printed, typed, stored, photographed, recorded, or otherwise reproduced
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`communication, compilation, or reproduction including computer or electronically
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`generated or stored information or data. “Document” includes, without limitation, any
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`computer disk, diskette, tape, card, or any other form of computer data storage, electronic
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`data, or electronically stored information (“ESI”), existing or deleted files, metadata, data
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`collected and stored through use of the Internet, including “bookmarks” and browser
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`history identifying Web sites visited, voicemails and identifying information (including
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`information stored on cell phones and hand-held communication devices), digital
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`photographs, charts, and graphs stored electronically, writings, drawings, graphs, chart
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`photographs, sound recordings, images, and all other data or data compilations stored in
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`any medium from which information can be obtained, however produced or reproduced,
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`of any kind or description, whether sent or received, including original copies, non-
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`identical copies, drafts and both sides thereof, regardless of their author or origin, or
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`however denominated by the recipient of the Request. In all instances in which a
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`document, or series of documents, has been prepared on a periodic basis (such as monthly,
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`quarterly, semiannually, annually, etc.), the Document reflecting each such period is
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`requested.
`4.
`Google LLC and/or all of its predecessors and successors (merged, acquired, or
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`The terms “Google,” “You,” “Your,” or “Defendant” means Defendant
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`otherwise), partners, investors, corporate parents, affiliated companies or corporations,
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`Plaintiff’s First Requests for Production
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`Page 2
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`divisions, departments, direct or indirect subsidiaries, officers, directors, employees,
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`principals, agents, attorneys, servants, representatives, and all others over whom You have
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`legal or actual control.
`5.
`6.
`directly or indirectly, referring to, pertaining to, regarding, concerning, describing,
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`The terms “related to” or “relating to” shall mean, in whole or in part,
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`The term “Patents-in-Suit” means U.S. Patents 8,441,438 and 8,552,978.
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`evidencing, mentioning, connected with, commenting on, responding to, showing,
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`analyzing, reflecting, or constituting. Use of either of these terms includes any and all
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`information, whether past, present, or relating to the future.
`7.
`Electronics America, Inc., individually and collectively, and/or all of their predecessors
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`The term “Samsung” means Samsung Electronics Co. Ltd. and Samsung
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`and successors (merged, acquired, or otherwise), partners, investors, corporate parents,
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`affiliated companies or corporations, divisions, departments, direct or indirect subsidiaries,
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`officers, directors, employees, principals, agents, attorneys, servants, representatives, and
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`all others over whom Samsung has legal or actual control.
`8.
`The term “Samsung Suit” means CyWee Group Ltd. v. Samsung Electronics
`Co., Ltd., et al., C.A. No. 17-140-WCB-RSP (E.D. Tex.).
`9.
`disjunctively as well as conjunctively as necessary in order to bring within the scope of the
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`The connective terms “And” as well as “Or” shall be construed
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`following requests all information which might otherwise be construed to be outside their
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`scope.
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`“All” and “Any” shall each be construed so as to include the other.
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`10.
`11.
`The singular includes the plural and the plural includes the singular.
`12. All undefined terms should be interpreted using common sense and the
`Federal Rules of Civil Procedure. This means that words should generally be understood
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`to have their ordinary English language meaning as used in common vernacular. If certain
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`terms have specific or specialized meaning in YOUR industry that make sense in the
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`context of the request, then that specialized meaning should be applied. If the Federal
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`Rules of Civil Procedure provide a specific definition for a term, i.e. “document,” then
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`that definition is controlling.
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`Plaintiff’s First Requests for Production
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`Page 3
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`II. INSTRUCTIONS
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`1. As required by Federal Rule of Civil Procedure 34, You are directed to “state with
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`specificity the grounds for objecting” and “state whether any responsive materials are being
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`withheld on the basis of that objection.” In stating whether any responsive materials are being
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`withheld, You are directed to inform Plaintiff of the fact that documents have been withheld to
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`facilitate an informed discussion of the objection, such as stating the limits that have controlled
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`the search for responsive and relevant materials.
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`2. In accordance with the Federal Rules of Civil Procedure, You are requested to complete
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`Your production “no later than the time for inspection specified in the request or another
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`reasonable time specified in the response.” If it is necessary to complete Your production in
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`stages, Your response should specify the beginning and end dates of production.
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`3. You are requested to produce documents as the documents are kept in the usual and
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`ordinary course of business or to segregate, organize, and label each category of documents
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`pursuant to each request or identify the specific bates number on the documents that are
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`responsive to each particular request. Plaintiff specifically requests that all ESI be produced in
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`native format with all associated metadata. If an electronic file requires specialized software to
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`open, then Plaintiff requests that those files be produced in both the specialized format and
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`TIFF format with all associated metadata provided in the corresponding load file. If ESI is to
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`be produced as it is kept in the ordinary course of business, then Plaintiff requests that these
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`files be produced on a hard drive with all folder and sub-folder architecture intact (or
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`replicated). If the documents come from a database, then they should be produced with
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`descriptions of how and where they are stored in the database.
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`Plaintiff’s First Requests for Production
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`4. In accordance with the Federal Rules of Civil Procedure, these requests are continuing.
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`In the event that You (or Your attorneys) generate or become aware of any documents within
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`the scope of these requests after its responses and/or initial production of documents, such
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`additional responsive information shall be immediately furnished to Plaintiff’s attorneys.
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`5. If You, or any of Your agents, including Your attorney(s), are aware of the existence of
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`any document as defined herein within the scope of these requests, which is not within the
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`custody, possession, or control of Google or one of Your agents, please identify any such
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`document in a written response to the request for the document. When identifying such a
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`document, please provide the following information: the name, address, and telephone number
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`of the person who has possession, custody, or control over the document; a brief summary of
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`the nature of the information contained in the document; the date of the document; and the
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`name of the person who prepared the document.
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`6. If You or any of Your agents, including Your attorney(s), are aware of the loss or
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`destruction of any document within the scope of these requests, please identify the lost or
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`destroyed document in a written response to the request for the production of the document. In
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`identifying such a document, please state whether that document is missing or lost; destroyed;
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`transmitted or transferred to another or others and identify such individual(s) and/or entity; or
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`otherwise disposed of. In each instance, You are requested to explain the circumstances
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`surrounding the authorization, if any, for such disposition and state the date or approximate
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`date thereof.
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`III. REQUESTS FOR PRODUCTION
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`REQUEST FOR PRODUCTION NO. 1: The Samsung Android software license
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`agreement.
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`RESPONSE:
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`Plaintiff’s First Requests for Production
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`Page 5
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`REQUEST FOR PRODUCTION NO. 2: All Communications between You and
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`Samsung, including counsel for both or either party, related to CyWee, the Patents-in-Suit,
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`or the Samsung Suit, and any notes, summaries, or reports of such Communications.
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`RESPONSE:
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`REQUEST FOR PRODUCTION NO. 3: All agreements between You and Samsung
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`related to CyWee, the Patents-in-Suit, or the Samsung Suit.
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`RESPONSE:
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`REQUEST FOR PRODUCTION NO. 4: Any Documents related to demands or requests
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`from Samsung seeking indemnity for CyWee’s claims, defense of the Samsung Suit, or any
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`aid from You in defending the Samsung Suit of any kind or nature.
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`RESPONSE:
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`REQUEST FOR PRODUCTION NO. 5: Any Documents related to any potential claim
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`by CyWee that You and Samsung share any interest in invalidating the Patents-in-Suit
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`including, but not limited to, joint defense agreements, joint interest agreements, or any
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`other similar Documents.
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`RESPONSE:
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`Plaintiff’s First Requests for Production
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`Page 6
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`Dated: August 3, 2018
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`
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`Respectfully submitted,
`/s/ William D. Ellerman
`STAMOULIS & WEINBLATT LLC
`Stamatios Stamoulis (#4606)
`stamoulis@swdelaw.com
`Richard C. Weinblatt (#5080)
`weinblatt@swdelaw.com
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`Two Fox Point Centre
`6 Denny Road, Suite 307
`Wilmington, Delaware 19809
`Telephone: (302) 999-1540
`
`Michael W. Shore (Texas 18294915)
`Alfonso G. Chan (Texas 24012408)
`Christopher Evans (Texas 24058901)
`Ari B. Rafilson (Texas 24060456)
`William D. Ellerman (Texas 24007151)
`Paul T. Beeler (Texas 24095432)
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`SHORE CHAN DEPUMPO LLP
`901 Main Street, Suite 3300
`Dallas, Texas 75202
`Telephone (214) 593-9110
`Facsimile (214) 593-9111
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`Counsel for Plaintiff CyWee Group Ltd.
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that defendant’s counsel of record are being served with a copy
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`of this document via email on August 3, 2018.
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`/s/ William D. Ellerman
`William D. Ellerman
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`Plaintiff’s First Requests for Production
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`Page 7
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