Case 2:17-cv-00513-JRG Document 244-16 Filed 12/18/18 Page 1 of 8 PageID #: 15396
`Case 2:17-cv-00513-JRG Document 244-16 Filed 12/18/18 Page 1 of 8 PageID #: 15396
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`EXHIBIT 16
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`EXHIBIT 16
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`Case 2:17-cv-00513-JRG Document 244-16 Filed 12/18/18 Page 2 of 8 PageID #: 15397
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`Case No. 2:17-CV-0516-JRG
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`JURY TRIAL DEMANDED
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`§§§§§§§§§§§
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`v.
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`APPLE, INC.,
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`Plaintiff,
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`Defendant.
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`PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S OBJECTIONS
`AND RESPONSES TO DEFENDANT APPLE INC.’S
`FIRST SET OF REQUESTS FOR ADMISSION TO PLAINTIFF (NOS. 1-4)
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`PLEASE TAKE NOTICE that, pursuant to Rules 26 and 33 of the Federal Rules of Civil
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`Procedure and the Local Rules of this Court, Plaintiff AGIS Software Development LLC
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`(“AGIS” or “Plaintiff”), by and through its attorneys, hereby responds to Defendant Apple Inc.’s
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`(“Apple” or “Defendant”) First Set of Requests for Admission to Plaintiff (Nos. 1-4) in writing,
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`under oath, and in accordance with the following definitions and instructions, by the date agreed
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`upon by the parties, June 1, 2018.
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`GENERAL OBJECTIONS
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`AGIS incorporates the General and Specific Objections from its Objections and
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`Responses to Apple’s First Set of Interrogatories to Plaintiff (Nos. 1-10), dated December 4,
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`2017, AGIS’s Supplemental Objections and Responses to Apple’s First Set of Interrogatories to
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`Plaintiff (Nos. 1-10), dated February 15, 2018, AGIS's Second Supplemental Objections and
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`Responses to Apple's First Set of Interrogatories to Plaintiff (Nos. 1-10), dated March 16, 2018,
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`Case 2:17-cv-00513-JRG Document 244-16 Filed 12/18/18 Page 3 of 8 PageID #: 15398
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`and AGIS’s Objections and Responses to Defendant Apple Inc.’s Second Set of Interrogatories to
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`Plaintiff (No. 11) served March 30, 2018, and further objects as follows:
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`Each of the following General Objections is incorporated into each specific response
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`below. The recitation of one or more specific objection in any particular Response is not to be
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`construed as a waiver of any applicable General Objection. The Responses are made subject to
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`and in reliance on the General Objections set forth below:
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`AGIS objects to Defendant’s definition of “AGIS,” “You,” and “Your” to the extent that
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`those definitions include any persons or entities other than AGIS Software Development LLC,
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`which are not parties to this action.
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`AGIS objects to the definition of “Document,” to the extent it imposes a burden beyond
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`the requirements of the Federal Rules of Civil Procedure, the E.D. Tex. Local Rules, and the
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`orders of the Court.
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`AGIS objects to the definition of “Control” as vague, ambiguous, overbroad, and
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`uncertain.
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`AGIS objects to the Definitions and Instructions to the extent that they call for the
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`production of information protected by the attorney-client privilege, attorney work product
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`doctrine, and any other applicable privileges and immunities.
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`AGIS objects to the Requests for Admission to the extent that they seek admissions
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`beyond the truth about fact, the application of law to facts, or opinions about either, as permitted
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`by Fed. R. Civ. P. 36.
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`The Definitions, Instructions, and Requests for Admission are unreasonably cumulative
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`and duplicative and seek the discovery of information that can be obtained from some other
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`source that is more convenient, less burdensome, or less expensive; seek the discovery of
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`2
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`Case 2:17-cv-00513-JRG Document 244-16 Filed 12/18/18 Page 4 of 8 PageID #: 15399
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`information that Defendant has already obtained by discovery in this action; seek discovery that
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`is not relevant to any party’s claims or defenses; and seek discovery, the burden and expense of
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`which is not proportional to the needs of this case, considering the importance of the issues at
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`stake in the action, the amount in controversy, the parties’ relative access to relevant information,
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`the parties’ resources, the importance of the discovery in resolving the issues, and whether the
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`burden or expense of the proposed discovery outweighs its likely benefit.
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`3
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`Case 2:17-cv-00513-JRG Document 244-16 Filed 12/18/18 Page 5 of 8 PageID #: 15400
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`SPECIFIC OBJECTIONS AND RESPONSES TO DEFENDANT’S
`FIRST SET OF REQUESTS FOR ADMISSION TO PLAINTIFF (NOS. 2-4)
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`REQUEST FOR ADMISSION NO. 1
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`Admit that AGIS Software Development LLC does not have control over any documents
`and/or materials in the possession of Advanced Ground Information Systems, Inc.
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`RESPONSE TO REQUEST FOR ADMISSION NO. 1:
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`AGIS objects to this Request on the grounds set forth in its General Objections above,
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`and hereby incorporates these references as if fully set forth herein. This Request is vague,
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`ambiguous, overbroad and uncertain as to “control.” Accordingly, due to the foregoing general
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`and specific objections, AGIS cannot admit or deny this request.
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`REQUEST FOR ADMISSION NO. 2
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`Admit that AGIS Software Development LLC does not have control over any documents
`and/or materials in the possession of AGIS Holdings Inc.
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`RESPONSE TO REQUEST FOR ADMISSION NO. 2:
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`AGIS objects to this Request on the grounds set forth in its General Objections above,
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`and hereby incorporates these references as if fully set forth herein. This Request is vague,
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`ambiguous, overbroad and uncertain as to “control.” Accordingly, due to the foregoing general
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`and specific objections, AGIS cannot admit or deny this request.
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`REQUEST FOR ADMISSION NO. 3
`REQUEST FOR ADMISSION NO. 3
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`Admit that U.S. Patent Application No. 14/529,978 claims priority to or the benefit of an Admit that U.S. Patent Application No. 14/529,978 claims priority to or the benefit of an pp , p y
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`application filed before March 16, 2013, and also contains, or contained at any time, a claim to a application filed before March 16, 2013, and also contains, or contained at any time, a claim to app , , ,
`claimed invention that has an effective filing date on or after March 16, 2013.
`claimed invention that has an effective filing date on or after March 16, 2013.
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`RESPONSE TO REQUEST FOR ADMISSION NO. 3:
`RESPONSE TO REQUEST FOR ADMISSION NO. 3:
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`AGIS objects to this Request on the grounds set forth in its General Objections above, AGIS objects to this Request on the grounds set forth in its General Objections above,
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`
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`and hereby incorporates these references as if fully set forth herein. AGIS objects to this Request and hereby incorporates these references as if fully set forth herein. AGIS objects to this Request
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`as duplicative of other discovery requests. AGIS objects to this Request as impermissibly
`as duplicative of other discovery requests. AGIS objects to this Request as impermissibly
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`4
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`Case 2:17-cv-00513-JRG Document 244-16 Filed 12/18/18 Page 6 of 8 PageID #: 15401
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`compound. Subject to the foregoing general and specific objections AGIS responds as follows:
`compound. Subject to the foregoing general and specific objections AGIS responds as follows:
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`denied.
`denied.
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`REQUEST FOR ADMISSION NO. 4
`REQUEST FOR ADMISSION NO. 4
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`
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`Admit that the post-AIA, first-to-file provisions of the U.S. patent laws apply to each of Admit that the post-AIA, first-to-file provisions of the U.S. patent laws apply to each of p , p
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`U.S. Patent Nos. 9,408,055; 9,445,251; 9,467,838; and 9,749,829.
`U.S. Patent Nos. 9,408,055; 9,445,251; 9,467,838; and 9,749,829.
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`RESPONSE TO REQUEST FOR ADMISSION NO. 4:
`RESPONSE TO REQUEST FOR ADMISSION NO. 4:
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`AGIS objects to this Request on the grounds set forth in its General Objections above, AGIS objects to this Request on the grounds set forth in its General Objections above,
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`and hereby incorporates these references as if fully set forth herein. AGIS objects to this Request and hereby incorporates these references as if fully set forth herein. AGIS objects to this Request
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`
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`as duplicative of other discovery requests. AGIS objects to this Request as impermissibly as duplicative of other discovery requests. AGIS objects to this Request as impermissibly
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`compound. Subject to the foregoing general and specific objections AGIS responds as follows:
`compound. Subject to the foregoing general and specific objections AGIS responds as follows:
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`denied.
`denied.
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`5
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`Case 2:17-cv-00513-JRG Document 244-16 Filed 12/18/18 Page 7 of 8 PageID #: 15402
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`Dated: June 1, 2018
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`6
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`As to Objections,
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`BROWN RUDNICK LLP
`
`/s/ Vincent J. Rubino III
`Alfred R. Fabricant
`N.Y. Bar No. 2219392
`Email: afabricant@brownrudnick.com
`Peter Lambrianakos
`N.Y. Bar No. 2894392
`Email: plambrianakos@brownrudnick.com
`Vincent J. Rubino, III
`N.Y. Bar No. 4557435
`Email: vrubino@brownrudnick.com
`Alessandra C. Messing
`NY Bar No. 5040019
`Email: amessing@brownrudnick.com
`John A. Rubino
`NY Bar No. 5020797
`Email: jrubino@brownrudnick.com
`Enrique W. Iturralde
`NY Bar No. 5526280
`Email: eiturralde@brownrudnick.com
`BROWN RUDNICK LLP
`7 Times Square
`New York, NY 10036
`Telephone: 212-209-4800
`Facsimile: 212-209-4801
`
`Samuel F. Baxter
`Texas Bar No. 01938000
`Email: sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas State Bar No. 24012906
`Email: jtruelove@mckoolsmith.com
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`McKOOL SMITH, P.C.
`104 East Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: 903-923-9000
`Facsimile: 903-923-9099
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`ATTORNEYS FOR PLAINTIFF, AGIS
`SOFTWARE DEVELOPMENT LLC
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`

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`Case 2:17-cv-00513-JRG Document 244-16 Filed 12/18/18 Page 8 of 8 PageID #: 15403
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that on June 1, 2018, a true and correct copy of the above and foregoing
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`document has been served by email on:
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`Melissa Richards Smith
`melissa@gillamsmithlaw.com
`GILLAM & SMITH, LLP
`303 South Washington Ave.
`Marshall, TX 75670
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`Michael P. Stadnick
`mstadnick@desmaraisllp.com
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
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`Kerri-Ann Limbeek
`klimbeek@desmaraisllp.com
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
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`John M. Desmarais
`jdesmarais@desmaraisllp.com
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
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`Ameet A. Modi
`amodi@desmaraisllp.com
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
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`Brian Matty
`bmatty@desmaraisllp.com
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
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`Attorneys for Apple Inc.
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`/s/ Vincent J. Rubino III
`Vincent J. Rubino, III
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`7
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