IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`MYPAQ HOLDINGS LTD.,
`
`Plaintiff
`
`v.
`
`DELL TECHNOLOGIES INC. and DELL INC.,
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`NO. 6:21-cv-00933-ADA
`
`DEFENDANTS’ FIRST SET OF VENUE-RELATED INTERROGATORIES (NOS. 1-4)
`
`Pursuant to Rule 33 of the Federal Rules of Civil Procedure and the Rules and Orders of
`
`this Court, Defendants Dell Technologies Inc. and Dell Inc. (collectively, “Dell” or “Defendants”)
`
`hereby serves the following First Set of Venue-Related Interrogatories on Plaintiff MyPAQ
`
`Holdings Ltd. (“MyPAQ” or “Plaintiff”). Each interrogatory set forth below should be answered
`
`fully in writing and under oath, by April 4, 2022. The following definitions and instructions apply:
`
`DEFINITIONS
`
`1.
`
`The interrogatories, as well as the instructions provided below, are subject to and
`
`incorporate the following definitions and instructions as used herein, regardless of whether upper-
`
`or lower-case letters are used:
`
`2.
`
`“Austin Division” means the Austin Division of the United States District Court
`
`for the Western District of Texas, which comprises the following counties in Texas: Bastrop,
`
`Blanco, Burleson, Burnet, Caldwell, Gillespie, Hays, Kimble, Lampasas, Lee, Llano, Mason,
`
`McCulloch, San Saba, Travis, Washington and Williamson.
`
`3.
`
`“Waco Division” means the Waco Division of the United States District Court for
`
`the Western District of Texas, which comprises the following counties in Texas: Bell, Bosque,
`
`MyPAQ, Exhibit 2009
`IPR2022-00311
`Page 1 of 7
`
`
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`MYPAQ HOLDINGS LTD.,
`
`Plaintiff
`
`v.
`
`DELL TECHNOLOGIES INC. and DELL INC.,
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`NO. 6:21-cv-00933-ADA
`
`DEFENDANTS’ FIRST SET OF VENUE-RELATED INTERROGATORIES (NOS. 1-4)
`
`Pursuant to Rule 33 of the Federal Rules of Civil Procedure and the Rules and Orders of
`
`this Court, Defendants Dell Technologies Inc. and Dell Inc. (collectively, “Dell” or “Defendants”)
`
`hereby serves the following First Set of Venue-Related Interrogatories on Plaintiff MyPAQ
`
`Holdings Ltd. (“MyPAQ” or “Plaintiff”). Each interrogatory set forth below should be answered
`
`fully in writing and under oath, by April 4, 2022. The following definitions and instructions apply:
`
`DEFINITIONS
`
`1.
`
`The interrogatories, as well as the instructions provided below, are subject to and
`
`incorporate the following definitions and instructions as used herein, regardless of whether upper-
`
`or lower-case letters are used:
`
`2.
`
`“Austin Division” means the Austin Division of the United States District Court
`
`for the Western District of Texas, which comprises the following counties in Texas: Bastrop,
`
`Blanco, Burleson, Burnet, Caldwell, Gillespie, Hays, Kimble, Lampasas, Lee, Llano, Mason,
`
`McCulloch, San Saba, Travis, Washington and Williamson.
`
`3.
`
`“Waco Division” means the Waco Division of the United States District Court for
`
`the Western District of Texas, which comprises the following counties in Texas: Bell, Bosque,
`
`MyPAQ, Exhibit 2009
`IPR2022-00311
`Page 1 of 7
`
`
`
`
`
`Coryell, Falls, Freestone, Hamilton, Hill, Leon, Limestone, McLennan, Milam, Robertson and
`
`Somervell.
`
`4.
`
`“MyPAQ,” “You,” “Your,” or “Plaintiff” shall each mean and refer to plaintiff
`
`MyPAQ Holdings Ltd., including its agents, officers, directors, employees, consultants,
`
`representatives, attorneys, predecessors and successors in interest, subsidiaries, affiliates, parents,
`
`divisions, joint ventures, licensees, franchisees, assigns, members and related entities, and any
`
`other legal entities, whether foreign or domestic that are owned or controlled by MyPAQ Holdings
`
`Ltd., and all predecessors and successors in interest to such entities, and any entity owned in whole
`
`or in part by, affiliated with, or controlled in whole or in part by MyPAQ Holdings Ltd., as well
`
`as the agents, officers, directors, employees, consultants, representatives and attorneys of any such
`
`entities.
`
`5.
`
`“Flex,” means Flex Ltd., including its agents, officers, directors, employees,
`
`consultants, representatives, attorneys, predecessors and successors in interest, subsidiaries,
`
`affiliates, parents, divisions, joint ventures, licensees, franchisees, assigns, members and related
`
`entities, and any other legal entities, whether foreign or domestic that are owned or controlled
`
`by Flex Ltd., and all predecessors and successors in interest to such entities, and any entity
`
`owned in whole or in part by, affiliated with, or controlled in whole or in part by Flex Ltd., as well
`
`as the agents, officers, directors, employees, consultants, representatives and attorneys of any such
`
`entities. To avoid any doubt and without limitation to the foregoing, “Flex” includes each of
`
`Flextronics International USA, Inc., and ColdWatt, Inc.
`
`6.
`
`The “Asserted Patents” or “Patents-in-Suit” shall mean U.S. Patent Nos. 7,675,759
`
`and 8,477,514, both individually and collectively.
`
`7.
`
`The “Named Inventors” shall include, both collectively or individually as
`
`
`
`MyPAQ, Exhibit 2009
`IPR2022-00311
`Page 2 of 7
`
`
`
`
`
`appropriate in the context of the interrogatory, Daniel A. Artusi, Ross Fosler, and Allen F.
`
`Rozman, including their agents, representatives, and attorneys.
`
`8.
`
`“Litigation” means the above-referenced action, No. 6:21-cv-00933-ADA, in the
`
`United States District Court for the Western District of Texas, Waco Division.
`
`9.
`
`“Concerning” or “concerned” means constituting, containing, embodying,
`
`comprising, reflecting, identifying, stating, referring to, dealing with, commenting on, responding
`
`to, describing, evidencing, setting forth, relating to, regarding, analyzing, or is any way pertinent
`
`to.
`
`10.
`
`The terms “and” and “or” shall be construed either disjunctively or conjunctively
`
`as necessary to bring within the scope of the interrogatory all responses that might otherwise be
`
`construed to be outside of its scope.
`
`11.
`
`The terms “any,” “all,” “every,” and “each” shall each mean and include the
`
`other.
`
`12.
`
`The singular form of any word shall be deemed to include the plural. The plural
`
`form of any word shall be deemed to include the singular.
`
`13.
`
`The use of a verb in any tense shall be construed as the use of the verb in all other
`
`14.
`
`“Include” and “including” shall mean including without limitation.
`
`
`
`tenses.
`
`
`
`
`
`MyPAQ, Exhibit 2009
`IPR2022-00311
`Page 3 of 7
`
`
`
`
`
`INSTRUCTIONS
`
`1.
`
`Each interrogatory must operate and be responded to independently and, unless
`
`otherwise indicated, no interrogatory limits the scope of any other interrogatory.
`
`2.
`
`Where knowledge or information in Your possession is requested, the request
`
`extends to knowledge or information in the possession of your predecessors or successors, as well
`
`as to information in the possession of Your officers, directors, agents, employees, servants,
`
`representatives, and, unless privileged, attorneys. Whenever an answer to these interrogatories
`
`contains information which is not based upon Your personal knowledge, state the source and
`
`nature of such information.
`
`3.
`
`If in answering any interrogatory, You seek to invoke the procedures of Rule 33(d)
`
`of the Federal Rules of Civil Procedure, state fully all facts which support your contention that the
`
`burden of ascertaining the answer to the interrogatory is substantially the same for Dell as it is for
`
`you, and specify those business records from which you contend Dell may ascertain or derive the
`
`answer.
`
`4.
`
`If you object to any interrogatory or fail to answer any interrogatory on the ground
`
`that either the attorney-client privilege, the work-product doctrine, and/or any other claim of
`
`privilege applies, then as to such information or such documents allegedly subject to such asserted
`
`privilege, you are requested to supply the following information: (i) the nature of the Document
`
`or information, (ii) the sender, author, or source of the information, (iii) the date of the Document
`
`or Communication, (iv) the name of each Person to whom the information, or the original or any
`
`copy of a Document, was circulated, (v) the names occurring on any circulation list associated
`
`with such Document, where applicable, (vi) a summary statement of the subject matter of the
`
`Document or information, (vii) the privilege(s) or doctrine claimed with respect to the Document
`
`
`
`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
`
`the Document, where applicable.
`
`5.
`
`If in answering any of these interrogatories you contend there is any ambiguity in
`
`construing the interrogatory or any definition or instruction relevant to the interrogatory, set forth
`
`the matter deemed ambiguous and the construction selected or used in answering the interrogatory.
`
`6.
`
`When requested to “Identify” or provide an “Identity” of something, You should:
`
`a.
`
`When identifying a natural person, provide the full name, present or last
`
`known address, telephone number, employer, and title.
`
`b.
`
`When identifying a Document, provide the Bates number if already
`
`produced or state its title, author, date, current location, and custodian.
`
`c.
`
`When identifying a Thing, provide the Bates number if already produced or
`
`describe the Thing and state its current location and custodian.
`
`d.
`
`When identifying a product, provide the internal name, external name, part
`
`number, part name, marketing name, trademark, code name, and any other
`
`unique identifiers.
`
`7.
`
`These interrogatories are continuing, and you are to supplement your answers in a
`
`timely manner in accordance with the requirements of Rule 26(e) of the Federal Rules of Civil
`
`
`
`Procedure.
`
`
`
`
`
`MyPAQ, Exhibit 2009
`IPR2022-00311
`Page 5 of 7
`
`
`
`
`
`INTERROGATORIES
`
`INTERROGATORY NO. 1
`
`Identify and describe in detail the bases for Your position that the Waco Division is a
`
`more convenient venue for this Litigation than the Austin Division.
`
`INTERROGATORY NO. 2
`
`Identify and describe in detail the reasons for which MyPAQ selected the Waco Division
`
`as the venue for this Litigation.
`
`INTERROGATORY NO. 3
`
`Identify and describe in detail the location of any relevant documents, witnesses, or sources
`
`of proof located in the Waco Division that You contend or believe are relevant for this Litigation.
`
`INTERROGATORY NO. 4
`
`Identify and describe in detail any relationship (contractual or otherwise) between MyPAQ
`
`and companies with facilities in the Austin Division, including but not limited to any relationship
`
`between MyPAQ and Flex.
`
`
`
`
`
`
`
`
`
`MyPAQ, Exhibit 2009
`IPR2022-00311
`Page 6 of 7
`
`
`
`Date: March 15, 2022
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`/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
`
`
`ATTORNEYS FOR DEFENDANTS DELL
`TECHNOLOGIES INC. AND DELL INC.
`
`
`
`
`
`
`
`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 Interrogatories (Nos. 1-4) with a
`copy of this document via electronic mail.
`
`/s/ Mark Speegle
`Mark Speegle
`
`
`
`
`
`
`
`
`
`
`MyPAQ, Exhibit 2009
`IPR2022-00311
`Page 7 of 7
`
`
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