ATTACHMENT A
`
`Pursuant to Rule 45 of the Federal Rules of Civil Procedure, and in accordance
`
`with
`
`the
`
`instructions and definitions
`
`listed below, MemoryWeb, LLC
`
`(“MemoryWeb”) requests that Kevin Jakel testify in his capacity as the CEO of
`
`Unified Patents, LLC at a deposition on the following topics.
`
`DEFINITIONS
`The following terms and phrases are to be given the definitions set forth
`
`below. Notwithstanding any of the definitions below, each word, term, or phrase
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`used in this Schedule A is intended, and shall be construed, to have the broadest
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`permissible meaning under the Federal Rules of Civil Procedure.
`
`1.
`
`“Mr. Jakel” or “Jakel” refers to Kevin Jakel, CEO and Founder of
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`Unified Patents, LLC.
`
`2.
`
`“Unified,” “Unified Patents,” “You,” or “Your,” means Unified Patents,
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`LLC and its respective past and present officers, directors, affiliates, brokers, agents,
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`representatives, employees, servants, accountants, investment bankers, attorneys,
`
`and all other persons acting directly or indirectly under its control and including all
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`affiliated companies or entities, including parents, subsidiaries, predecessors,
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`successors, partners, and joint ventures.
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`3.
`
`“Samsung” means Samsung Electronics Co., Ltd. and Samsung
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`Electronics America, Inc. and their respective past and present officers, directors,
`
`MemoryWeb Ex. 2034
`Samsung Electronics Co., LTD v. MemoryWeb, LLC - IPR 2022-00222
`
`
`
`Pursuant to Rule 45 of the Federal Rules of Civil Procedure, and in accordance
`
`with
`
`the
`
`instructions and definitions
`
`listed below, MemoryWeb, LLC
`
`(“MemoryWeb”) requests that Kevin Jakel testify in his capacity as the CEO of
`
`Unified Patents, LLC at a deposition on the following topics.
`
`DEFINITIONS
`The following terms and phrases are to be given the definitions set forth
`
`below. Notwithstanding any of the definitions below, each word, term, or phrase
`
`used in this Schedule A is intended, and shall be construed, to have the broadest
`
`permissible meaning under the Federal Rules of Civil Procedure.
`
`1.
`
`“Mr. Jakel” or “Jakel” refers to Kevin Jakel, CEO and Founder of
`
`Unified Patents, LLC.
`
`2.
`
`“Unified,” “Unified Patents,” “You,” or “Your,” means Unified Patents,
`
`LLC and its respective past and present officers, directors, affiliates, brokers, agents,
`
`representatives, employees, servants, accountants, investment bankers, attorneys,
`
`and all other persons acting directly or indirectly under its control and including all
`
`affiliated companies or entities, including parents, subsidiaries, predecessors,
`
`successors, partners, and joint ventures.
`
`3.
`
`“Samsung” means Samsung Electronics Co., Ltd. and Samsung
`
`Electronics America, Inc. and their respective past and present officers, directors,
`
`MemoryWeb Ex. 2034
`Samsung Electronics Co., LTD v. MemoryWeb, LLC - IPR 2022-00222
`
`
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`affiliates, brokers, agents, representatives, employees, servants, accountants,
`
`investment bankers, attorneys, and all other persons acting directly or indirectly
`
`under its control and including all affiliated companies or entities, including parents,
`
`subsidiaries, predecessors, successors, partners, and joint ventures.
`
`4.
`
`“MemoryWeb” or “Patent Owner” means MemoryWeb, LLC, and its
`
`respective past and present officers, directors, affiliates, brokers, agents,
`
`representatives, employees, servants, accountants, investment bankers, attorneys,
`
`and all other persons acting directly or indirectly under its control and including all
`
`affiliated companies or entities, including parents, subsidiaries, predecessors,
`
`successors, partners, and joint ventures.
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`5.
`
`“IPR2021-01413” or “Unified IPR” refers to the inter partes review
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`proceeding captioned as Unified Patents, LLC v. MemoryWeb, LLC, IPR2021-01413
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`before the Patent Trial and Appeal Board.
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`6.
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`“The ’228 Patent” or “Challenged Patent” refers to U.S. Patent No.
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`10,621,228.
`
`7.
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`“IPR2022-00031” or “Apple IPR” refer to the inter partes review
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`proceeding captioned as Apple Inc. v. MemoryWeb, LLC, IPR2022-00031 before the
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`Patent Trial and Appeal Board.
`
`MemoryWeb Ex. 2034
`Samsung Electronics Co., LTD v. MemoryWeb, LLC - IPR 2022-00222
`
`
`
`8.
`
`“IPR2022-00222” or “Samsung IPR” refer to the inter partes review
`
`proceeding captioned as Samsung Electronics Co., Ltd. v. MemoryWeb, LLC,
`
`IPR2022-00222 before the Patent Trial and Appeal Board.
`
`9.
`
`The terms “Document” and “Documents” shall have the broadest
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`possible meaning allowed by the Federal Rules of Civil Procedure and including
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`(without limitation) any writing of any kind, including originals and all non-identical
`
`copies (whether different from the original by reason of any notation made on such
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`copies or otherwise). The terms “document” and “document(s)” shall also include,
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`without limitation, the following items, whether printed or reproduced by any
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`process, or written or produced by hand or stored in computer memory, magnetic or
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`hard disk or other data storage medium, and whether or not claimed to be privileged,
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`confidential or otherwise excludable from discovery, namely, notes, letters,
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`correspondence, communications, e-mails, telegrams, memoranda, summaries or
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`records of telephone conversations, summaries or records of personal conversations
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`or meetings, diaries, reports, laboratory and research reports and notebooks,
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`recorded experiments, charts, plans, drawings, diagrams, schematic diagrams,
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`illustrations, product descriptions, product analyses, requests for proposals,
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`documents related to proposed or actual produce improvements or changes, users
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`manuals or guides, installation guides or manuals, technical descriptions or
`
`specifications, product repair manuals or guides, photographs, video images,
`
`MemoryWeb Ex. 2034
`Samsung Electronics Co., LTD v. MemoryWeb, LLC - IPR 2022-00222
`
`
`
`software flow charts or descriptions or specifications, minutes or records of
`
`meetings, summaries of interviews, reports, or investigations, opinions or reports of
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`consultants, reports of patent searches, patent appraisals, opinions of counsel,
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`agreements, reports or summaries of negotiations, brochures, pamphlets,
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`advertisements, circulars, trade letters, press releases, drafts of documents, and all
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`other materials fixed in a tangible medium of whatever kind known to You or in Your
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`possession, custody or control.
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`10. The term “Communication” shall mean the transmittal of information,
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`in the form of facts, ideas, inquiries, or otherwise.
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`11. The term “Thing” or “Things” shall have the broadest possible meaning
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`allowed by the Federal Rules of Civil Procedure and refers to all tangible objects
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`and items other than Documents and includes every such object and item regardless
`
`of nature or kind such as, by way of example but without limitation, machines,
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`devices, components, parts, assemblies, models, samples, prototypes, and
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`commercial and production items, whether or not complete and whether or not
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`functional.
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`12. The terms “and” and “or” shall be construed either disjunctively or
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`conjunctively, as necessary to bring within the scope of the discovery request all
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`responses that might otherwise be outside of its scope.
`
`MemoryWeb Ex. 2034
`Samsung Electronics Co., LTD v. MemoryWeb, LLC - IPR 2022-00222
`
`
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`DEPOSITION TOPICS
`
`1.
`
`The subject matter in Mr. Jakel’s September 2, 2021 declaration, which
`
`was submitted by Unified as Exhibit 1017 in IPR2021-01413.
`
`2.
`
`The subject matter in Mr. Jakel’s December 30, 2021 supplemental
`
`declaration, which was submitted by Unified as Exhibit 1023 in IPR2021-01413 and
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`was designated as “Highly Confidential – Attorneys’ Eyes Only” and sealed under
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`the Unified IPR Protective Order.
`
`3.
`
`The testimony during Mr. Jakel’s May 26, 2022 deposition in IPR2021-
`
`01413, the transcript of which was submitted by MemoryWeb as Exhibit 2036 in
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`IPR2021-01413 and which was designated as “Highly Confidential – Attorneys’
`
`Eyes Only” and sealed under the Unified IPR Protective Order.
`
`4.
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`The contents and authentication of all Documents produced by Unified
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`pursuant to MemoryWeb’s document subpoena and/or were submitted into evidence
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`during the Unified IPR.
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`
`
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`
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`MemoryWeb Ex. 2034
`Samsung Electronics Co., LTD v. MemoryWeb, LLC - IPR 2022-00222
`
`
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`Attachment B
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`
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`MemoryWeb Ex. 2034
`Samsung Electronics Co., LTD v. MemoryWeb, LLC - IPR 2022-00222
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS CO., LTD.
`Petitioner
`
`v.
`
`MEMORYWEB, LLC
`Patent Owner
`
`Patent No. 10,621,228
`
`
`
`
`
`
`
`Inter Partes Review No. IPR2022-00222
`
`
`
`PROTECTIVE ORDER
`
`MemoryWeb Ex. 2034
`Samsung Electronics Co., LTD v. MemoryWeb, LLC - IPR 2022-00222
`
`
`
`IPR2022‐00031
`U.S. Patent No. 10,621,228
`The following Protective Order will govern the filing and treatment of
`
`confidential information in the proceeding:
`
`Protective Order
`
`This protective order governs the treatment and filing of confidential
`
`information, including documents and testimony.
`
`1. Confidential information shall be clearly marked “CONFIDENTIAL –
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`PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY.”
`
`2. Access to confidential information marked “HIGHLY CONFIDENTIAL
`
`– ATTORNEYS’ EYES ONLY” is limited to the following individuals who have
`
`executed the acknowledgement appended to this order:
`
`(A) Outside counsel. Outside counsel of record for a party in the proceeding,
`
`including employees of outside counsel of record’s law firm(s) to whom it is
`
`reasonably necessary to disclose this information to assist outside counsel of
`
`record in connection with this proceeding, including members of their firms,
`
`associate attorneys, paralegal, clerical, and other regular employees of such
`
`counsel. All in-house counsel and other representatives of the parties (other
`
`than outside counsel of record) shall not be allowed to view HIGHLY
`
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY Information.
`
`
`
`1
`
`MemoryWeb Ex. 2034
`Samsung Electronics Co., LTD v. MemoryWeb, LLC - IPR 2022-00222
`
`
`
`IPR2022‐00031
`U.S. Patent No. 10,621,228
`(B) Experts. Retained experts of a party in the proceeding who further certify in the
`
`Acknowledgement that they are not a competitor to any party, or a consultant for, or
`
`employed by, such a competitor with respect to the subject matter of the proceeding.
`
`(C) The Office. Employees and representatives of the United States Patent and
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`Trademark Office who have a need for access to the confidential information shall
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`have such access without the requirement to sign an Acknowledgement. Such
`
`employees and representatives shall include the Director, members of the Board and
`
`their clerical staff, other support personnel, court reporters, and other persons acting
`
`on behalf of the Office.
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`(D) Support Personnel. Administrative assistants, clerical staff, court reporters and
`
`other support personnel of the foregoing persons who are reasonably necessary to
`
`assist those persons in the proceeding shall not be required to sign an
`
`Acknowledgement, but shall be informed of the terms and requirements of the
`
`Protective Order by the person they are supporting who receives confidential
`
`information.
`
`3. Access
`
`to confidential
`
`information marked “CONFIDENTIAL –
`
`PROTECTIVE ORDER MATERIAL” is limited to the following individuals who
`
`have executed the acknowledgment appended to this order:
`
`
`
`2
`
`MemoryWeb Ex. 2034
`Samsung Electronics Co., LTD v. MemoryWeb, LLC - IPR 2022-00222
`
`
`
`IPR2022‐00031
`U.S. Patent No. 10,621,228
`(A) Above Personnel. Those persons or entities identified in paragraph 2 of this
`
`Protective Order under the conditions set forth in that paragraph.
`
`(B) Parties. Persons who are owners of a patent involved in the proceeding and other
`
`persons who are named parties to the proceeding.
`
`(C) In-house counsel. In-house counsel of a party.
`
`4. Employees (e.g., corporate officers), consultants, or other persons performing
`
`work for a party, other than in-house counsel and in-house counsel’s support staff,
`
`who sign the Acknowledgement shall be extended access to confidential information
`
`only upon agreement of the parties or by order of the Board upon a motion brought
`
`by the party seeking to disclose confidential information to that person. The party
`
`opposing disclosure to that person shall have the burden of proving that such person
`
`should be restricted from access to confidential information.
`
`5. Persons receiving confidential information shall use reasonable efforts to
`
`maintain the confidentiality of the information, including:
`
`(A) Maintaining such information in a secure location to which persons not
`
`authorized to receive the information shall not have access;
`
`
`
`3
`
`MemoryWeb Ex. 2034
`Samsung Electronics Co., LTD v. MemoryWeb, LLC - IPR 2022-00222
`
`
`
`IPR2022‐00031
`U.S. Patent No. 10,621,228
`(B) Otherwise using reasonable efforts to maintain the confidentiality of the
`
`information, which efforts shall be no less rigorous than those the recipient uses to
`
`maintain the confidentiality of information not received from the disclosing party;
`
`(C) Ensuring that support personnel of the recipient who have access to the
`
`confidential information understand and abide by the obligation to maintain the
`
`confidentiality of information received that is designated as confidential; and
`
`(D) Limiting the copying of confidential information to a reasonable number of
`
`copies needed for conduct of the proceeding and maintaining a record of the
`
`locations of such copies.
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`6. Persons receiving confidential information shall use the following
`
`procedures to maintain the confidentiality of the information:
`
`(A) Documents and Information Filed With the Board.
`
`(i) A party may file documents or information with the Board along
`
`with a Motion to Seal. The Motion to Seal should provide a non-
`
`confidential description of the nature of the confidential information
`
`that is under seal, and set forth the reasons why the information is
`
`confidential and should not be made available to the public. A party
`
`may challenge the confidentiality of the information by opposing the
`
`Motion to Seal. The submission shall be treated as confidential and
`
`remain under seal, unless the Board determines that the documents or
`
`
`
`4
`
`MemoryWeb Ex. 2034
`Samsung Electronics Co., LTD v. MemoryWeb, LLC - IPR 2022-00222
`
`
`
`IPR2022‐00031
`U.S. Patent No. 10,621,228
`information do not to qualify for confidential treatment. The
`
`information shall remain under seal unless the Board determines that
`
`some or all of the information does not qualify for confidential
`
`treatment.
`
`(ii) Where confidentiality is alleged as to some but not all of the
`
`information submitted to the Board, the submitting party shall file
`
`confidential and non-confidential versions of its submission, together
`
`with a Motion to Seal the confidential version setting forth the reasons
`
`why the information redacted from the non-confidential version is
`
`confidential and should not be made available to the public. A party may
`
`challenge the confidentiality of the information by opposing the Motion
`
`to Seal. The non-confidential version of the submission shall clearly
`
`indicate the locations of information that has been redacted. The
`
`confidential version of the submission shall be filed under seal. The
`
`redacted information shall remain under seal unless the Board
`
`determines that some or all of the redacted information does not qualify
`
`for confidential treatment.
`
`(B) Documents and Information Exchanged Among the Parties. Documents
`
`(including deposition transcripts) and other information designated as
`
`confidential that are disclosed to another party during discovery or other
`
`
`
`5
`
`MemoryWeb Ex. 2034
`Samsung Electronics Co., LTD v. MemoryWeb, LLC - IPR 2022-00222
`
`
`
`IPR2022‐00031
`U.S. Patent No. 10,621,228
`proceedings before the Board shall be clearly marked as “CONFIDENTIAL
`
`– PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY” and shall be produced in a manner that
`
`maintains its confidentiality.
`
`7. Within 60 days after the final disposition of this action, including the
`
`exhaustion of all appeals and motions, each party receiving confidential information
`
`must return, or certify the destruction of, all copies of the confidential information
`
`to the producing party.
`
`
`
`6
`
`MemoryWeb Ex. 2034
`Samsung Electronics Co., LTD v. MemoryWeb, LLC - IPR 2022-00222
`
`
`
`
`
`EXHIBIT A
`
`SAMSUNG ELECTRONICS CO., LTD. v. MEMORY WEB, LLC
`Case No. IPR20222-00031
`U.S. Patent 10,621,228
`
`Standard Acknowledgment for Access to Protective Order Material
`
`I _________________________________________ , affirm that I have read
`
`the Protective Order; that I will abide by its terms; that I will use the confidential
`
`information only in connection with this proceeding and for no other purpose; that I
`
`will only allow access to support staff who are reasonably necessary to assist me in
`
`this proceeding; that prior to any disclosure to such support staff I informed or will
`
`inform them of the requirements of the Protective Order; that I am personally
`
`responsible for the requirements of the terms of the Protective Order and I agree to
`
`submit to the jurisdiction of the Office and the United States District Court for the
`
`Eastern District of Virginia for purposes of enforcing the terms of the Protective
`
`Order and providing remedies for its breach.
`
`Executed on ____________________ , 20__.
`
`
`
`7
`
`MemoryWeb Ex. 2034
`Samsung Electronics Co., LTD v. MemoryWeb, LLC - IPR 2022-00222
`
`
`
`
`
`IPR2022‐00031
`U.S. Patent No. 10,621,228
`
`
`
`
`
`8
`
`MemoryWeb Ex. 2034
`Samsung Electronics Co., LTD v. MemoryWeb, LLC - IPR 2022-00222
`
`
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