IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`MYPAQ HOLDINGS LTD.,
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`Plaintiff
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`v.
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`DELL TECHNOLOGIES INC. and DELL INC.,
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`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`NO. 6:21-cv-00933-ADA
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`DEFENDANTS’ FIRST VENUE-RELATED REQUESTS FOR
`PRODUCTION (NOS. 1 – 6)
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`Pursuant to Rule 33 of the Federal Rules of Civil Procedure and the Rules and Orders of
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`this Court, Defendants Dell Technologies Inc. and Dell Inc. (collectively, “Dell” or “Defendants”)
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`hereby serves the following first set of requests for production on Plaintiff MyPAQ Holdings Ltd.
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`(“MyPAQ” or “Plaintiff”). The requested documents are to be produced on April 4, 2022, at the
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`offices of Baker Botts, L.L.P., 98 San Jacinto Blvd, Ste 1500, Austin, TX 78701 or at a location
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`mutually agreed to. Each request should be answered separately and fully, in writing and under
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`oath, within twenty days.
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`DEFINITIONS
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`1.
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`The requests, as well as the instructions provided below, are subject to and
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`incorporate the following definitions and instructions as used herein, regardless of whether upper-
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`or lower-case letters are used:
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`2.
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`“Austin Division” means the Austin Division of the United States District Court
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`for the Western District of Texas, which comprises the following counties in Texas: Bastrop,
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`1
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`Blanco, Burleson, Burnet, Caldwell, Gillespie, Hays, Kimble, Lampasas, Lee, Llano, Mason,
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`McCulloch, San Saba, Travis, Washington and Williamson.
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`3.
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`“Waco Division” means the Waco Division of the United States District Court for
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`the Western District of Texas, which comprises the following counties in Texas: Bell, Bosque,
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`Coryell, Falls, Freestone, Hamilton, Hill, Leon, Limestone, McLennan, Milam, Robertson and
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`Somervell.
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`4.
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`“MyPAQ,” “You,” “Your,” or “Plaintiff” shall each mean and refer to plaintiff
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`MyPAQ Holdings Ltd., including its agents, officers, directors, employees, consultants,
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`representatives, attorneys, predecessors and successors in interest, subsidiaries, affiliates, parents,
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`divisions, joint ventures, licensees, franchisees, assigns, members and related entities, and any
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`other legal entities, whether foreign or domestic that are owned or controlled by MyPAQ Holdings
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`Ltd., and all predecessors and successors in interest to such entities, and any entity owned in whole
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`or in part by, affiliated with, or controlled in whole or in part by MyPAQ Holdings Ltd., as well
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`as the agents, officers, directors, employees, consultants, representatives and attorneys of any such
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`entities.
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`5.
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`“Flex,” means Flex Ltd., including its agents, officers, directors, employees,
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`consultants, representatives, attorneys, predecessors and successors in interest, subsidiaries,
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`affiliates, parents, divisions, joint ventures, licensees, franchisees, assigns, members and related
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`entities, and any other legal entities, whether foreign or domestic that are owned or controlled
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`by Flex Ltd., and all predecessors and successors in interest to such entities, and any entity
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`owned in whole or in part by, affiliated with, or controlled in whole or in part by Flex Ltd., as well
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`as the agents, officers, directors, employees, consultants, representatives and attorneys of any such
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`entities. To avoid any doubt and without limitation to the foregoing, “Flex” includes each of
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`2
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`Flextronics International USA, Inc., and ColdWatt, Inc.
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`6.
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`The “Asserted Patents” or “Patents-in-Suit” shall mean U.S. Patent Nos. 7,675,759
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`and 8,477,514, both individually and collectively.
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`7.
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`The “Named Inventors” shall include, both collectively or individually as
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`appropriate in the context of the request, Daniel A. Artusi, Ross Fosler, and Allen F. Rozman,
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`including their agents, representatives, and attorneys.
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`8.
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`“Litigation” means the above-referenced action, No. 6:21-cv-00933-ADA, in the
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`United States District Court for the Western District of Texas, Waco Division.
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`9.
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`“Document(s)” shall be construed under the broadest possible construction under
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`Federal Rule of Civil Procedure 34 and Federal Rule of Evidence 1001. The term shall include
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`without limitation any written, recorded, graphic, or other matter, whether sent or received or
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`made or used internally, however produced or reproduced and whatever the medium on which it
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`was produced or reproduced (whether on paper, cards, charts, file, or printouts, tapes, discs,
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`belts, video tapes, audiotapes, tape recordings, cassettes, or other types of voice recording or
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`transcription, computer tapes, databases, e-mails, pictures, photographs, slides, films, microfilms,
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`motion pictures, or any other medium), and any other tangible item or Thing of readable, recorded,
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`or visual material of whatever nature including originals, drafts, and all non- identical copies of
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`each Document (which, by reason of any variation, such as the presence of absence of hand-
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`written notes or underlining, represents a distinct version). By way of example, the term
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`“Document(s)” as used herein shall include: correspondence; blueprints; memoranda; notes;
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`diaries; letters; telegraphs; telegrams; telexes; emails; metadata; minutes; agendas; contracts;
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`reports; studies; checks; statements; receipts; returns; summaries; pamphlets; circulars; press
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`releases; advertisements; books; inter-office and intra-office communications; handwritten or
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`3
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`IPR2022-00311
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`typewritten notes; notations or summaries of telephone conversations, meetings, or conferences;
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`bulletins; computer printouts; databases; teletypes; telefax; invoices; worksheets; photographs;
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`tape recordings; patents and patent application materials; patent appraisals; printed publications;
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`trademark applications; certificates of registration; opinions of counsel; memoranda of
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`agreements; assignments; licenses; reports of or summaries of either negotiations within or without
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`the corporation or preparations for such; and all other tangible items of readable, recorded, or
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`visual material of any kind.
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`10.
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`“Communication(s)” shall mean, without limitation, any transmittal, conveyance
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`or exchange of a word, statement, fact, Thing, idea, Document, instruction, information, demand,
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`question or other information by any medium, whether by written, oral or other means, including
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`electronic communications and electronic mail.
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`11.
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`“Person(s)” shall mean any natural person or any business, proprietorship, firm,
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`partnership, corporation, association, organization, or other legal entity. The acts of a person
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`shall include the acts of directors, officers, owners, members, employees, agents, attorneys or other
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`representatives acting on the person’s behalf.
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`12.
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`“Thing(s)” shall include any tangible objects of any kind and nature other than a
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`Document, including prototypes, models, and physical specimens thereof.
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`13.
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`“Concerning” or “concerned” means constituting, containing, embodying,
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`comprising, reflecting, identifying, stating, referring to, dealing with, commenting on, responding
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`to, describing, evidencing, setting forth, relating to, regarding, analyzing, or is any way pertinent
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`to.
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`14.
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`The terms “and” and “or” shall be construed either disjunctively or conjunctively
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`as necessary to bring within the scope of the discovery request all responses that might otherwise
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`4
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`be construed to be outside of its scope.
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`15.
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`The terms “any,” “all,” “every,” and “each” shall each mean and include the
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`other.
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`16.
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`The singular form of any word shall be deemed to include the plural. The plural
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`form of any word shall be deemed to include the singular.
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`17.
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`The use of a verb in any tense shall be construed as the use of the verb in all other
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`tenses.
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`18.
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`“Include” and “including” shall mean including without limitation.
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`
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`INSTRUCTIONS
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`The following instructions shall apply to each of the Document Requests herein:
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`1.
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`In responding to these requests, please furnish all information that is available
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`to you or subject to your control, including information in the possession, custody, or control
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`of your officers, directors, employees, representatives, consultants, agents, servants, attorneys,
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`accountants, or any person who has served in any such role at any time, as well as corporate
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`parents, subsidiaries, affiliates, divisions, predecessor companies or proprietorships, any joint
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`venture to which you are a party, and other persons acting on your behalf. If you know of the
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`existence, past or present, of any documents or things requested below, but are unable to
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`produce such documents or things because they are not presently in your possession, custody,
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`or control, you shall so state and shall identify such documents or things, and the person who
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`has possession, custody or control of the Document or Thing.
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`2.
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`You are to produce the original and each non-identical copy or draft of each
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`Document, Communication, or Thing requested herein that is in Your possession, custody or
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`control in its entirety, without abbreviation or redaction.
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`5
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`3.
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`If any portion of a Document, Communication, or Thing is responsive to a request,
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`the entire Document, Communication, or Thing should be produced including all attachments and
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`enclosures, redacting only privileged material, if any.
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`4.
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`All Documents, Communication, and Things should be produced in the same file
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`or other organizational environment in which they are maintained in the ordinary course of
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`business. For example, a Document that is part of a file, docket or other grouping should be
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`physically produced together with all other Documents from said file, docket or grouping, in the
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`same order or manner of arrangement as the original. Additionally, to the extent produced in
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`hardcopy, each Document should be produced stapled, clipped or otherwise bound or connected
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`in the same manner as the original. File folders with tabs or labels or directories of files identifying
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`Documents should be produced intact with such Documents. Documents attached to each other
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`should not be separated.
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`5.
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`Each item produced should bear unique identifying control numbers (e.g., Bates
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`labels) on each item or page if the item is a Document.
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`6.
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`Color copies of Documents are to be produced where color is necessary to interpret
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`or understand the contents.
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`7.
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`Electronic records and computerized information should be produced in their native
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`electronic format when reasonable to do so.
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`8.
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`If You object to any part of any request herein, set forth the basis for Your objection
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`and respond to all parts of the request to which You do not object, pursuant to Federal Rule of
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`Civil Procedure 34(b). If You object to a request on the grounds that it is vague or ambiguous,
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`identify the particular words, terms, or phrases that make such request vague or ambiguous. If any
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`request is ambiguous or unclear to You, You are requested to contact the undersigned counsel as
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`6
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`soon as possible so that the request can be clarified to avoid unnecessary delays in discovery. If
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`you believe electronically stored information must be searched and/or produced in response to any
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`request, You should provide the information requested by Federal Rule of Civil Procedure
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`34(b)(2)(D).
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`9.
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`If You believe
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`that You are not required
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`to provide any Document,
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`Communication, or Thing on the grounds of a privilege or protection that You are not prepared to
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`waive, pursuant to Federal Rule of Civil Procedure 26(b)(5), please provide a written list
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`describing each Document, Communication, or Thing not produced, using the unique identifying
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`control numbers (e.g., Bates labels) to specify Documents or ranges. For each item on the list,
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`include the following: (a) the type of Document, Communication, or Thing (e.g., letter or
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`memorandum); (b) the general subject matter of the Document, Communication, or Thing;
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`(c) the date of the Document, Communication, or Thing; (d) the author(s) of the Document,
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`Communication, or Thing; (e) the addressee(s) of the Document, Communication, or Thing;
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`(f) the recipient(s) of the Document, Communication, or Thing; (g) where not apparent, the
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`relationship of the author(s), addressee(s) and recipient(s) to each other; (h) the nature of the
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`privilege or immunity asserted; and (i) a brief explanation of why the Document,
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`Communication, or Thing is believed to be privileged or immune from production.
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`
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`10.
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`If you cannot fully comply with any request, comply to the maximum extent
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`possible and explain: (a) what information you refuse to produce and (b) why full compliance
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`is not possible. If you object to any of the requests, or any subpart of a request, herein, you
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`shall state the specific grounds asserted for objecting and not producing the document or
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`tangible thing, and identify each such item by its nature. Furthermore, you shall identify, to
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`the extent possible, those documents or things that you will produce notwithstanding Your
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`7
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`objection.
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`11.
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`In the event that any of these requests calls for a Document, Communication, or
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`Thing that has been lost or destroyed, or for information contained in such a Document,
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`Communication, or Thing, is to be identified by you by stating the following: (a) the type of
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`Document, Communication, or Thing, e.g., letter or memorandum; (b) the general subject
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`matter of the Document, Communication, or Thing; (c) the date of the Document,
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`Communication, or Thing; (d) the author(s) of the Document, Communication, or Thing; (e) the
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`addressee(s) of the Document, Communication, or Thing; (f) the recipient(s) of the Document,
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`Communication, or Thing; (g) where not apparent, the relationship of the author(s),
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`addressee(s) and recipient(s) to each other; (h) the custodian(s) of the document or person(s)
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`otherwise responsible for the Document, Communication, or Thing’s safekeeping, storage, or
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`filing; (i) the date the Document, Communication, or Thing was lost or destroyed; and (j) the
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`circumstances surrounding the loss of the Document, Communication, or Thing and, if
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`destroyed, the reason for the circumstances surrounding its destruction.
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`12.
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`These requests seek all responsive documents in their original language and, if
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`such original language is not English, these requests also seek all English-language translations
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`that may exist for any such documents.
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`13. You shall keep and produce a record of the source of each document produced.
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`This shall include the name of the person, group or department having possession, custody, or
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`control of each document.
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`14.
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`These requests are continuing in character. If, after making the requested
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`production, you obtain or become aware of any further producing the requested Document,
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`Communication, or Thing responsive to these requests, you are required to produce such
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`8
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`additional producing the requested Document, Communication, or Thing. Dell reserves the
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`right to propound additional requests.
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`15.
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`The following requests are to be construed as broadly as their language permits.
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`They are to be construed independently, except when such construction limits their scope. Any
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`ambiguity should be resolved by selecting the broadest possible construction. If, in responding
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`to these requests, you encounter any ambiguities when interpreting a request, instruction, or
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`definition, in your response, set forth the matter deemed ambiguous and the interpretation used
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`in responding.
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`16.
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`Please take notice that these instructions are submitted for the purposes of
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`discovery and are not to be taken as waiving any objection which may be made at trial to the
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`introduction of evidence of subjections covered by these requests or as an admission at the
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`trial of the relevance or materiality of any of the matters covered by these requests.
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`9
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`DOCUMENTS TO BE PRODUCED
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`REQUEST FOR PRODUCTION NO. 1:
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`Documents sufficient to show MyPAQ’s presence in the Austin Division and in the Waco
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`Division.
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`REQUEST FOR PRODUCTION NO. 2:
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`All agreements between MyPAQ and any entity with a presence in the Austin Division,
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`including but not limited to agreements between MyPAQ and Flex, and/or agreements between
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`MyPAQ and any Named Inventors in the Austin Division.
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`REQUEST FOR PRODUCTION NO. 3:
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`Documents sufficient to show any employee or agent of MyPAQ, who has worked in any
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`capacity relevant to the Asserted Patents, including, but not limited to, permanently, part-time, or
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`on secondment, at any physical location in the Austin Division, including, but not limited to, visitor
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`office space, law firms, or universities, and identifying the nature, location, and duration of such
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`work.
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`REQUEST FOR PRODUCTION NO. 4:
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`All Documents and Things on which MyPAQ will seek to rely to demonstrate that venue is
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`proper and convenient as to Dell in the Waco Division in the Litigation.
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`REQUEST FOR PRODUCTION NO. 5:
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`All Documents and Things located in the Waco Division relied upon by MyPAQ in the
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`preparation of any submission in this Litigation (including, without limitation, the Complaint), or
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`that MyPAQ intends to rely upon to support any claim made in this Litigation.
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`10
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`REQUEST FOR PRODUCTION NO. 6:
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`All Documents and Things identified, or otherwise requested to be identified, in any venue
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`interrogatory served in this Litigation, or in any of MyPAQ’s responses or supplemental responses
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`to any venue interrogatory served in this Litigation.
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`11
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`Dated: March 15, 2022
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`Respectfully submitted,
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`
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`By: /s/ Mark Speegle
`Kevin J. Meek
`State Bar No. 13899600
`Kevin.Meek@bakerbotts.com
`Paula Heyman
`State Bar No. 24027075
`Paula.heyman@bakerbotts.com
`Mark Speegle
`State Bar No. 24117198
`Mark.Speegle@bakerbotts.com
`BAKER BOTTS LLP
`98 San Jacinto Blvd, Ste 1500
`Austin, TX 78701
`Telephone: (512) 322-2500
`Facsimile: (512) 322-2501
`
`Thomas Brown (Pro Hac Vice)
`Massachusetts Bar No. 657715
`176 South Street
`Hopkinton, MA 01748
`Telephone: (617) 979-0613
`Tom.Brown@Dell.com
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`ATTORNEYS FOR DEFENDANTS
`DELL TECHNOLOGIES INC. AND
`DELL INC.
`
`
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`CERTIFICATE OF SERVICE
`
`I hereby certify that counsel of record who are deemed to have consented to electronic
`service are being served this Defendants’ First Venue-Related Requests for Production (Nos. 1-6)
`with a copy of this document via electronic mail.
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`
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`
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`/s/ Mark Speegle
`Mark Speegle
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`12
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`IPR2022-00311
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