Plaintiff,
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`C.A. No. 18-571-RGA
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`CYWEE GROUP LTD.,
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`GOOGLE LLC,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`GOOGLE’S OBJECTIONS AND RESPONSES TO
`PLAINTIFF’S FIRST REQUESTS FOR PRODUCTION (NOS. 1-5)
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`Defendant.
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`Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, Defendant Google
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`LLC (“Google”) responds and objects to Plaintiff CyWee Group Ltd.’s (“CyWee”) First
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`Requests For Production (Nos. 1-5) as follows:
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`GENERAL OBJECTIONS
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`Google objects generally to these requests, including the definitions and instructions
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`applicable thereto, to the extent set forth below. The following General Objections and
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`statements shall be applicable to, and shall be included in Google’s specific objections to each
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`document request by CyWee, whether or not mentioned expressly in any specific objections.
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`Google does not waive any of its General Objections by also stating specific objections to any
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`particular document request.
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`1.
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`Google objects generally to the definitions provided in CyWee’s requests.
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`Google’s responses to these requests do not constitute a representation that Google agrees or
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`adopts any of CyWee’s definitions.
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`2.
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`Google objects to CyWee’s definitions of “Google,” “You,” “Your,” and
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`“Defendant” as overbroad and unduly burdensome to the extent this definition purports to
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`include “all predecessors (merge, 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 all
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`others over whom You have legal or actual control.” Google is objecting and responding on its
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`own behalf as Google LLC and not on behalf of any parents, subsidiaries, divisions, affiliates,
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`predecessors, successors, and assigns, former officers, directors, owners, shareholders,
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`employees, contractors, agents, attorneys, and representatives or any other person or entity acting
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`in whole or in part in concert with any of the foregoing.
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`3.
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`Google objects to CyWee’s definition of “Samsung” as overly broad and unduly
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`burdensome to the extent this definition purports to include “Samsung Electronics Co. Ltd. and
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`Samsung Electronics America, Inc., individually and collectively, and/or all of their predecessors
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`and successors (merged, acquired, or otherwise), partners, investors, corporate parents, affiliated
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`companies or corporations, divisions, departments, direct or indirect subsidiaries, officers,
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`directors, employees, principals, agents, attorneys, servants, representatives, and all others over
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`whom Samsung has legal or actual control.” Google is objecting and responding with respect to
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`Samsung Electronics Co. Ltd. and Samsung Electronics America, Inc.
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`4.
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`Google objects to CyWee’s definition of “related to” or “relating to” to the extent
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`it seeks information unrelated to any party’s claim or defense or that is not proportional to the
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`needs of the case. Google further objects to the definitions of “related to” or “relating to” as
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`vague, overbroad, and unduly burdensome as they purport to impose obligations on Google
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`beyond those imposed by the Federal Rules of Civil Procedure or the applicable Local Rules of
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`the United States District Court for the District of Delaware.
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`5.
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`Google objects to CyWee’s requests to the extent that any instructions,
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`definitions, or requests fail to comply with, or impose obligations on Google that are inconsistent
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`with, are not found in, or exceed its obligations under the Federal Rules of Civil Procedure or the
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`applicable Local Rules of the United States District Court for the District of Delaware.
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`6.
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`These responses and the objections and limitations contained herein are subject to
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`and without waiver of (a) the right to make additional or supplemental objections to these or
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`other requests, and (b) the right to revise, correct, amend, supplement, or modify these responses
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`upon, among other things, the discovery of additional facts and materials, further investigation,
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`and developments in this proceeding. Google therefore reserves the right to amend, supplement,
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`or alter these responses as warranted during the course of discovery pursuant to Rule 26(e) of the
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`Federal Rules of Civil Procedure. Google’s amending, supplementing, or altering of responses
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`in the future shall not waive Google’s right to offer such information, documents, or things into
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`evidence at trial or in other proceedings. Further, Google expressly preserves its right to rely on
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`information omitted as a result of mistake or inadvertence.
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`7.
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`Google objects to CyWee’s requests to the extent they call for a legal conclusion.
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`Production by Google of a document shall not be construed to be an admission by Google that
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`such document satisfies any particular legal characterization made by CyWee’s requests.
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`8.
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`Google objects to requests for production of duplicative materials and/or of
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`documents and things already in possession, custody, or control of CyWee or any other entities
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`or persons under the control of CyWee.
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`9.
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`To the extent documents responsive to CyWee’s requests include documents
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`received from CyWee in the course of this litigation, Google will not produce such documents to
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`CyWee. Google objects to doing so on the basis of undue burden and unnecessary duplication.
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`10.
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`Any objection to a request or any offer to produce documents is not to be deemed
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`an admission by Google that it possesses documents and things called for by such document
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`request.
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`11.
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`Google objects to CyWee’s requests to the extent they seek information protected
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`from discovery by the attorney-client privilege, work-product immunity, or any other applicable
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`privilege(s), immunity(ies), or protection(s). Google uses the word “privilege” in these
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`responses and objections to refer to each of the above grounds for protection from disclosure
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`Nothing contained in Google’s responses is intended to be, or in any way shall be deemed to be,
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`a waiver of any such applicable privilege. Google has registered its privilege objections
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`expressly as to each request that might reasonably be interpreted to encompass privileged
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`information. To the extent that any other requests are construed to encompass privileged
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`documents, Google hereby incorporates this General Objection.
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`12.
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`An objection based on privilege should not be construed as a representation that
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`responsive documents exist or existed. Such an objection indicates only that the request is of
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`such a scope as to potentially embrace privileged documents.
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`13.
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`Google objects to CyWee’s requests to the extent they are vague, ambiguous,
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`overly broad, unduly burdensome, not proportional to the needs of the case, seek information
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`that is irrelevant to any claim or defense in this action, or would require Google to conduct an
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`unreasonable search for responsive information, particularly to the extent that they seek the
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`identification of “each,” “any,” or “all” documents, people, or information when representative
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`information would be sufficient, and to the extent that they seek the production of drafts of
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`documents when production of final versions of documents would be sufficient, thus attempting
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`to require an unreasonably detailed and extensive search of all of Google’s information and files.
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`Google also objects to CyWee’s requests to the extent the burden or expense of the proposed
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`discovery outweighs its likely benefit, considering the needs of the case, the amount in
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`controversy, the parties’ resources, the importance of the issues at stake in the action, and the
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`importance of the discovery in resolving the issues.
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`14.
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`Google objects to the production of documents prior to the entry of a protective
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`order to prevent the disclosure or dissemination of confidential documents produced in this
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`litigation. Google will not produce documents until a protective order is entered that adequately
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`protects confidential documents and information.
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`15.
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`Google objects to the production of electronically stored information (ESI) prior
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`to the entry of an ESI order in this litigation. Google will not produce ESI until an ESI order is
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`entered, and Google’s production will be subject to the terms of the ESI order.
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`SPECIFIC OBJECTIONS AND RESPONSES TO DOCUMENT REQUESTS
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`REQUEST FOR PRODUCTION NO. 1: The Samsung Android software license agreement.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 1:
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`Google objects to this request on the grounds and to the extent it seeks documents not
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`relevant to any claim or defense in this action and not proportional to the needs of this action.
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`Samsung is not a party to this litigation, and Samsung’s products are not accused in this
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`litigation. Google objects to this request on the grounds and to the extent it seeks information
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`subject to a confidentiality obligation owed to a non-party to this case or includes the
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`confidential information of a non-party. Google further objects to this Request to the extent that it
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`seeks information referring or relating to products or features that are not specifically accused of
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`infringement or activities beyond the scope of this case. Google objects to this request on the
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`grounds and to the extent that the phrase “Samsung Android software license agreement” is
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`overbroad, vague, ambiguous, and not proportional to the needs of this case.
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`Google will not produce documents in response to this request.
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`REQUEST FOR PRODUCTION NO. 2: All Communications between You and Samsung,
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`including counsel for both or either party, related to CyWee, the Patents-in-Suit, or the Samsung
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`Suit, and any notes, summaries, or reports of such Communications.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 2:
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`Google objects to this request on the grounds and to the extent it seeks documents that are
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`protected from discovery by attorney-client privilege, work-product doctrine, joint defense
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`privilege, common interest privilege, or other applicable immunities or privileges. Google
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`objects to this request on the grounds that it is overly broad, is unduly burdensome, seeks
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`documents not relevant to any claim or defense of this action, and is not proportional to the needs
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`of this action. Samsung is not a party to this litigation, and Samsung’s products are not accused
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`in this litigation. Google objects to this request on the grounds and to the extent it seeks
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`information subject to a confidentiality obligation owed to a non-party to this case or includes
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`the confidential information of a non-party. Google objects on the grounds that this request is
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`overly broad and unduly burdensome because it does not specify a relevant timeframe. Google
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`further objects to this Request to the extent that it seeks information referring or relating to products
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`or features that are not specifically accused of infringement or activities beyond the scope of this
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`case. Google objects to this request on the grounds and to the extent that the phrase “related to
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`CyWee, the Patents-in-Suit, or the Samsung Suit” is overbroad, vague, ambiguous, and not
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`proportional to the needs of this case.
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`Google will not produce documents in response to this request.
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`REQUEST FOR PRODUCTION NO. 3: All agreements between You and Samsung related to
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`CyWee, the Patents-in-Suit, or the Samsung Suit.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 3:
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`Google objects to this request on the grounds and to the extent it seeks documents that are
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`protected from discovery by attorney-client privilege, work-product doctrine, joint defense
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`privilege, common interest privilege, or other applicable immunities or privileges. Google
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`objects to this request on the grounds that it is overly broad, is unduly burdensome, seeks
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`documents not relevant to any claim or defense of this action, and is not proportional to the needs
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`of this action. Samsung is not a party to this litigation, and Samsung’s products are not accused
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`in this litigation. Google objects to this request on the grounds and to the extent it seeks
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`information subject to a confidentiality obligation owed to a non-party to this case or includes
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`the confidential information of a non-party. Google objects on the grounds that this request is
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`overly broad and unduly burdensome because it does not specify a relevant timeframe. Google
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`further objects to this Request to the extent that it seeks information referring or relating to products
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`or features that are not specifically accused of infringement or activities beyond the scope of this
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`case. Google objects to this request on the grounds and to the extent that the phrases “[a]ll
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`agreements between You and Samsung” and “related to CyWee, the Patents-in-Suit, or the
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`Samsung Suit” are overbroad, vague, ambiguous, and not proportional to the needs of this case.
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`Google will not produce documents in response to this request.
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`REQUEST FOR PRODUCTION NO. 4: Any Documents related to demands or requests from
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`Samsung seeking indemnity for CyWee’s claims, defense of the Samsung Suit, or any aid from
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`You in defending the Samsung Suit of any kind or nature.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 4:
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`Google objects to this request on the grounds and to the extent it seeks documents that are
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`protected from discovery by attorney-client privilege, work-product doctrine, joint defense
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`privilege, common interest privilege, or other applicable immunities or privileges. Google
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`objects to this request on the grounds that it is overly broad, is unduly burdensome, seeks
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`documents not relevant to any claim or defense of this action, and is not proportional to the needs
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`of this action. Samsung is not a party to this litigation, and Samsung’s products are not accused
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`in this litigation. Google objects to this request on the grounds and to the extent it seeks
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`information subject to a confidentiality obligation owed to a non-party to this case or includes
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`the confidential information of a non-party. Google further objects to this Request to the extent
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`that it seeks information referring or relating to products or features that are not specifically accused
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`of infringement or activities beyond the scope of this case. Google objects to this request on the
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`grounds and to the extent that the phrase “any aid from You in defending the Samsung Suit of any
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`kind or nature” is overbroad, vague, ambiguous, and not proportional to the needs of this case.
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`Google will not produce documents in response to this request.
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`REQUEST FOR PRODUCTION NO. 5: Any Documents related to any potential claim by
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`CyWee that You and Samsung share any interest in invalidating the Patents-in-Suit including,
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`but not limited to, joint defense agreements, joint interest agreements, or any other similar
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`Documents.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 5:
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`Google objects to this request on the grounds and to the extent it seeks documents that are
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`protected from discovery by attorney-client privilege, work-product doctrine, joint defense
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`privilege, common interest privilege, or other applicable immunities or privileges. Joint defense
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`agreements and joint interest agreements in particular are themselves privileged. Google objects
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`to this request on the grounds that it is overly broad, is unduly burdensome, seeks documents not
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`relevant to any claim or defense of this action, and is not proportional to the needs of this
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`litigation. Samsung is not a party to this litigation, and Samsung’s products are not accused in
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`this litigation. Google objects to this request on the grounds and to the extent it seeks
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`information subject to a confidentiality obligation owed to a non-party to this case or includes
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`the confidential information of a non-party. Google further objects to this Request to the extent
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`that it seeks information referring or relating to products or features that are not specifically accused
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`of infringement or activities beyond the scope of this case. Google objects to this request on the
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`grounds and to the extent that the phrases “any potential claim by CyWee that You and Samsung
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`share any interest in invalidating the Patents-in-Suit” and “any other similar Documents” are
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`overbroad, vague, ambiguous, and not proportional to the needs of this case.
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`Google will not produce documents in response to this request.
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`OF COUNSEL:
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`Darin W. Snyder
`Luann L. Simmons
`David S. Almeling
`Mishima Alam
`Bill Trac
`O’MELVENY & MYERS LLP
`Two Embarcadero Center, 28th Floor
`San Francisco, CA 94111
`(415) 984-8700
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`Dated: September 4, 2018
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`/s/ Frederick L. Cottrell, III
`Frederick L. Cottrell, III (#2555)
`Kelly E. Farnan (#4395)
`Sara M. Metzler (#6905)
`RICHARDS, LAYTON & FINGER, PA
`One Rodney Square
`920 N. King Street
`Wilmington, DE 19801
`(302) 651-7700
`cottrell@rlf.com
`farnan@rlf.com
`metzler@rlf.com
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`Attorneys for Defendant Google LLC
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and accurate copy of the foregoing was served upon the
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`following via email, this 4th day of September, 2018:
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`BY E-MAIL
`Stamatios Stamoulis
`Richard C. Weinblatt
`STAMOULIS & WEINBLATT LLC
`Two Fox Point Centre
`6 Denny Road, Suite 307
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`BY E-MAIL
`Michael W. Shore
`Alfonso G. Chan
`Christopher Evans
`Ari B. Rafilson
`William D. Ellerman
`Paul T. Beeler
`SHORE CHAN DEPUMPO LLP
`901 Main Street, Suite 3300
`Dallas, Texas 75202
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`/s/ Frederick L. Cottrell, III
`Frederick L. Cottrell, III (#2555)
`cottrell@rlf.com
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