`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`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 SET OF VENUE-RELATED INTERROGATORIES (NOS. 1-4)
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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 Venue-Related Interrogatories on Plaintiff MyPAQ
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`Holdings Ltd. (“MyPAQ” or “Plaintiff”). Each interrogatory set forth below should be answered
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`fully in writing and under oath, by April 4, 2022. The following definitions and instructions apply:
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`DEFINITIONS
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`1.
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`The interrogatories, 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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`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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`MyPAQ, Exhibit 2009
`IPR2022-00311
`Page 1 of 7
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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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`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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`MyPAQ, Exhibit 2009
`IPR2022-00311
`Page 2 of 7
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`appropriate in the context of the interrogatory, Daniel A. Artusi, Ross Fosler, and Allen F.
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`Rozman, 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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`“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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`10.
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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 interrogatory all responses that might otherwise be
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`construed to be outside of its scope.
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`11.
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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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`12.
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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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`13.
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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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`14.
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`“Include” and “including” shall mean including without limitation.
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`tenses.
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`MyPAQ, Exhibit 2009
`IPR2022-00311
`Page 3 of 7
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`INSTRUCTIONS
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`1.
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`Each interrogatory must operate and be responded to independently and, unless
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`otherwise indicated, no interrogatory limits the scope of any other interrogatory.
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`2.
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`Where knowledge or information in Your possession is requested, the request
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`extends to knowledge or information in the possession of your predecessors or successors, as well
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`as to information in the possession of Your officers, directors, agents, employees, servants,
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`representatives, and, unless privileged, attorneys. Whenever an answer to these interrogatories
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`contains information which is not based upon Your personal knowledge, state the source and
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`nature of such information.
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`3.
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`If in answering any interrogatory, You seek to invoke the procedures of Rule 33(d)
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`of the Federal Rules of Civil Procedure, state fully all facts which support your contention that the
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`burden of ascertaining the answer to the interrogatory is substantially the same for Dell as it is for
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`you, and specify those business records from which you contend Dell may ascertain or derive the
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`answer.
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`4.
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`If you object to any interrogatory or fail to answer any interrogatory on the ground
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`that either the attorney-client privilege, the work-product doctrine, and/or any other claim of
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`privilege applies, then as to such information or such documents allegedly subject to such asserted
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`privilege, you are requested to supply the following information: (i) the nature of the Document
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`or information, (ii) the sender, author, or source of the information, (iii) the date of the Document
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`or Communication, (iv) the name of each Person to whom the information, or the original or any
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`copy of a Document, was circulated, (v) the names occurring on any circulation list associated
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`with such Document, where applicable, (vi) a summary statement of the subject matter of the
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`Document or information, (vii) the privilege(s) or doctrine claimed with respect to the Document
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`MyPAQ, Exhibit 2009
`IPR2022-00311
`Page 4 of 7
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`or information, (viii) the basis for the claim of the privilege(s) or doctrine, and (ix) the length of
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`the Document, where applicable.
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`5.
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`If in answering any of these interrogatories you contend there is any ambiguity in
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`construing the interrogatory or any definition or instruction relevant to the interrogatory, set forth
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`the matter deemed ambiguous and the construction selected or used in answering the interrogatory.
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`6.
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`When requested to “Identify” or provide an “Identity” of something, You should:
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`a.
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`When identifying a natural person, provide the full name, present or last
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`known address, telephone number, employer, and title.
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`b.
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`When identifying a Document, provide the Bates number if already
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`produced or state its title, author, date, current location, and custodian.
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`c.
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`When identifying a Thing, provide the Bates number if already produced or
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`describe the Thing and state its current location and custodian.
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`d.
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`When identifying a product, provide the internal name, external name, part
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`number, part name, marketing name, trademark, code name, and any other
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`unique identifiers.
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`7.
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`These interrogatories are continuing, and you are to supplement your answers in a
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`timely manner in accordance with the requirements of Rule 26(e) of the Federal Rules of Civil
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`Procedure.
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`MyPAQ, Exhibit 2009
`IPR2022-00311
`Page 5 of 7
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`INTERROGATORIES
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`INTERROGATORY NO. 1
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`Identify and describe in detail the bases for Your position that the Waco Division is a
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`more convenient venue for this Litigation than the Austin Division.
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`INTERROGATORY NO. 2
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`Identify and describe in detail the reasons for which MyPAQ selected the Waco Division
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`as the venue for this Litigation.
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`INTERROGATORY NO. 3
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`Identify and describe in detail the location of any relevant documents, witnesses, or sources
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`of proof located in the Waco Division that You contend or believe are relevant for this Litigation.
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`INTERROGATORY NO. 4
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`Identify and describe in detail any relationship (contractual or otherwise) between MyPAQ
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`and companies with facilities in the Austin Division, including but not limited to any relationship
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`between MyPAQ and Flex.
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`MyPAQ, Exhibit 2009
`IPR2022-00311
`Page 6 of 7
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`Date: March 15, 2022
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`Respectfully submitted,
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`/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
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`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
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`I hereby certify that counsel of record who are deemed to have consented to electronic
`service are being served this Defendants’ First Venue-Related Interrogatories (Nos. 1-4) with a
`copy of this document via electronic mail.
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`/s/ Mark Speegle
`Mark Speegle
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`MyPAQ, Exhibit 2009
`IPR2022-00311
`Page 7 of 7
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