Case 2:17-cv-00513-JRG Document 298-1 Filed 01/16/19 Page 1 of 22 PageID #: 19251
`Case 2:17-cv-00513-JRG Document 298-1 Filed 01/16/19 Page 1 of 22 PageID #: 19251
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`EXHIBIT 6
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`EXHIBIT 6
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`Case 2:17-cv-00513-JRG Document 298-1 Filed 01/16/19 Page 2 of 22 PageID #: 19252
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`
`
`Plaintiff,
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`v.
`
`HUAWEI DEVICE USA INC., HUAWEI
`DEVICE CO., LTD. AND HUAWEI
`DEVICE (DONGGUAN) CO., LTD.,
`HTC CORPORATION,
`LG ELECTRONICS INC.,
`APPLE INC.,
`ZTE CORPORATION, ZTE (USA), INC.,
`AND ZTE (TX), INC.,
`
`
`
`
`Defendants.
`
`
`
`
`Civil Action No. 2:17-CV-513-JRG
`(Lead Case)
`
`Civil Action No. 2:17-CV-514-JRG
`Civil Action No. 2:17-CV-515-JRG
`Civil Action No. 2:17-CV-516-JRG
`Civil Action No. 2:17-CV-517-JRG
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`DEFENDANTS’ NOTICE OF DEPOSITION OF
`AGIS SOFTWARE DEVELOPMENT LLC PURSUANT TO RULE 30(B)(6)
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`
`
`TO PLAINTIFF AND ITS COUNSEL OF RECORD:
`
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`PLEASE TAKE NOTICE that, pursuant to Rule 30(b)(6) of the Federal Rules of Civil
`
`Procedure, Defendants Huawei Device USA Inc.; Huawei Device Co., Ltd.; Huawei Device
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`(Dongguan) Co., Ltd.; LG Electronics, Inc.; HTC Corporation; Apple Inc.; ZTE (TX) Inc.; and
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`ZTE (USA) Inc. (collectively, “Defendants”), by and through undersigned counsel, will take the
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`deposition upon oral examination of Plaintiff AGIS Software Development LLC (“AGIS”) on the
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`topics listed below.
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`The deposition will begin at 9:00 a.m. on September 10, 2018 at Phillips Point, East Tower,
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`777 S. Flagler Drive, Suite 1000, West Palm Beach, Florida 33401 or at a mutually-agreed time
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`and place and will continue from day to day until completed or at such other date and time that are
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`mutually agreeable to the parties. The deposition will take place before an officer duly authorized
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`Case 2:17-cv-00513-JRG Document 298-1 Filed 01/16/19 Page 3 of 22 PageID #: 19253
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`by law to take depositions. The deposition will be recorded by stenographic and videographic
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`means for discovery purposes and use at trial.
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`By September 3, 2018, AGIS shall provide a written designation of the name(s) and
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`position(s) of the one or more officers, directors, managing agents, or other persons who will be
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`produced to testify on AGIS’s behalf concerning the matters set forth in the following topics.
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`Pursuant to Federal Rule of Civil Procedure 30(b)(6), the person(s) designated by AGIS should be
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`prepared to testify as to such matters known or reasonably available to AGIS.
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`DEFINITIONS
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`The following definitions are applicable herein, regardless of whether upper or lower case
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`letters are used:
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`1.
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`“Defendants” shall mean Defendants Huawei Device USA Inc.; Huawei Device
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`Co., Ltd.; Huawei Device (Dongguan) Co., Ltd.; LG Electronics, Inc.; HTC Corporation; Apple
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`Inc.; ZTE (TX) Inc.; and ZTE (USA) Inc.
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`2.
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`“Plaintiff,” “AGIS,” “You,” and “Your” shall mean AGIS Software Development
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`LLC and its predecessor or successor entities, and any of its subsidiaries, divisions, affiliates, and
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`any present and former agents, employees, partners, attorneys, representatives, and any other
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`person or entity acting in concert with AGIS Software Development LLC, on behalf of AGIS
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`Software Development LLC, or within the control of AGIS Software Development LLC,
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`including any person or entity from whom AGIS Software Development LLC has the legal right
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`to obtain documents or information on demand.
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`3.
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`“AGIS Related Entities” means AGIS, Inc. and AGIS Holdings, Inc., and their
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`predecessor or successor entities, and any of its subsidiaries, divisions, affiliates, and any present
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`and former agents, employees, partners, attorneys, representatives, and any other person or entity
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`Case 2:17-cv-00513-JRG Document 298-1 Filed 01/16/19 Page 4 of 22 PageID #: 19254
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`acting in concert with AGIS, Inc. and/or AGIS Holdings, Inc., on behalf of AGIS, Inc. and/or
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`AGIS Holdings, Inc., or within the control of AGIS, Inc. and/or AGIS Holdings, Inc., including
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`any person or entity from whom AGIS, Inc. and/or AGIS Holdings, Inc. has the legal right to
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`obtain documents or information on demand.
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`4.
`
` “Action” means AGIS Software Development LLC v. Huawei Device USA Inc., et
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`al., 2:17-cv-00513-JRG (E.D. Tex.) (Lead Case), which also includes the consolidate member
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`cases: 17-cv-514-JRG (E.D. Tex.), 17-cv-515-JRG (E.D. Tex.), 17-cv-516-JRG (E.D. Tex.), 17-
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`cv-517-JRG (E.D. Tex.).
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`5.
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`“’970 Patent” means U.S. Patent No. 8,213,970, entitled “Method of Utilizing
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`Forced Alerts for Interactive Remote Communications.”
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`6.
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`“’055 Patent” means U.S. Patent No. 9,408,055, entitled “Method to Provide Ad
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`Hoc and Password Protected Digital and Voice Networks.”
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`7.
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`“’251 Patent” means U.S. Patent No. 9,445,251, entitled “Method to Provide Ad
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`Hoc and Password Protected Digital and Voice Networks.”
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`8.
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`“’838 Patent” means U.S. Patent No. 9,467,838, entitled “Method to Provide Ad
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`Hoc and Password Protected Digital and Voice Networks.”
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`9.
`
`“Patents-in-Suit” means the ’970 Patent, the ’055 Patent, the ’251 Patent, and the
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`’838 Patent.
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`10.
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`“’410 Application” means U.S. Patent Application No. 14/027,410, entitled
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`“Method to Provide Ad Hoc and Password Protected Digital and Voice Networks.”
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`11.
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`“Related Patents and Patent Applications” means any issued patent or patent
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`application having a relation by continuation application, continuation-in-part application, and/or
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`divisional application, as defined by the Manual of Patent Examining Procedure (Ninth Edition,
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`Case 2:17-cv-00513-JRG Document 298-1 Filed 01/16/19 Page 5 of 22 PageID #: 19255
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`Revision 07.2015) §§ 201.06–08, with respect to the Patents-in-Suit. “Related Patent Application”
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`includes any international application and/or foreign counterpart of the Patents-in-Suit. “Related
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`Patent Application” also includes any patent application or issued patent within a chain of
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`copendency with respect to any of the Patents-in-Suit.
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`12.
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`“Named Inventor” means the named inventor(s) of the Patents-In-Suit, Malcolm K.
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`Beyer, Jr. and/or Christopher R. Rice.
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`13.
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`“AGIS Practicing Product” means each apparatus, product, device, process,
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`method, or act made, used, sold, offered for sale, and/or imported by AGIS and/or AGIS Related
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`Entities that AGIS contends falls within the scope of any claim of the Patents-in-Suit, including,
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`but not limited to, anything branded as LifeRing, ASSIST, or HoundDog.
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`14.
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`“Accused Product(s)” means each and every activity, product, process, method,
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`system, device, apparatus, network, software, and other thing that AGIS accuses of infringing any
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`of the Patents-in-Suit in AGIS’s Infringement Contentions against any Defendant.
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`15.
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`“Asserted Claims” means the claims of the Patents-in-Suit asserted against any of
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`the Defendants as specified in AGIS’s Infringement Contentions against any Defendant, and as
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`also refined by AGIS’s election of asserted claims against any Defendant, pursuant to the operative
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`Docket Control Order entered in this case.
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`16.
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`“Google Applications” means each and every activity, product, process, method,
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`system, device, apparatus, network, software, and other things related to Google Latitude, Android
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`Device Manager, Find My Device, Google Maps, Messenger, Android Messages, Google
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`Hangouts, Google Plus, or Dodgeball.
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`17.
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`“Complaint” or “Complaints” means the currently operative complaint(s) in this
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`Action.
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`Case 2:17-cv-00513-JRG Document 298-1 Filed 01/16/19 Page 6 of 22 PageID #: 19256
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`18.
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`“Document(s)” shall have the broadest meaning ascribed to it by Federal Rule of
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`Civil Procedure 34 and Federal Rule of Evidence 1001, and shall include within its meaning any
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`and all papers, videotapes or video recordings, photographs, films, recordings, memoranda, books,
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`records, accounts, letters, telegrams, correspondence, notes of meetings, notes of conversations,
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`notes of telephone calls, inter-office memoranda or written communications of any nature,
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`recordings of conversations either in writing or by means of any mechanical or electrical recording
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`device, notes, papers, reports, analyses, invoices, canceled checks or check stubs, receipts, minutes
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`of meetings, time sheets, diaries, desk calendars, ledgers, schedules, licenses, financial statements,
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`telephone bills, logs and any differing versions of the foregoing whether denominated formal,
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`informal or otherwise, as well as copies of the foregoing which differ in any way, including
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`handwritten notations or other written or printed matter of any nature, from the original. The
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`foregoing specifically includes the information stored in any form, including electronic form, on a
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`computer or in a computer database or otherwise, including electronic mail. Moreover, the term
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`“document” shall also include all “technical documents,” such as source code, specifications,
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`schematics, flow charts, artwork, drawing, pictures, pictorial representations, formulas,
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`troubleshooting guides, service bulletins, technical bulletins, production specification sheets,
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`white papers, operator manuals, operation manuals and instruction manuals.
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`19.
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`“Communication(s)” shall mean, including its usual and customary meaning, any
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`transmission, conveyance or exchange of a word, statement, fact, thing, idea, document,
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`instruction, information, demand or question by any medium, whether by written, oral or other
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`means, including, but not limited to, electronic communications and electronic mail.
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`20.
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`“Include” or “including” means including without limitation.
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`Case 2:17-cv-00513-JRG Document 298-1 Filed 01/16/19 Page 7 of 22 PageID #: 19257
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`21.
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`“Infringement” means
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`direct
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`infringement,
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`contributory
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`infringement,
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`infringement by inducement, literal infringement, and/or infringement under the doctrine of
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`equivalents.
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`22.
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`“Product” means a machine, manufacture, apparatus, device,
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`instrument,
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`mechanism, appliance, or assemblage of components/parts (either individually or collectively),
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`which are designed to function together electrically, mechanically, chemically, or otherwise, to
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`achieve a particular function or purpose, including those offered for sale, sold, or under
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`development.
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`23.
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`“Person(s)” refers to all natural persons and all types and kinds of business or other
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`entities, including, but not limited to, corporations, limited liability companies, partnerships, joint
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`ventures, associations, sole proprietorships, government bodies and government agencies. Any
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`reference to an individual person, either singularly or as part of a defined group, includes that
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`person’s employees, agents, legal and non-legal representatives, heirs, successors, assigns and any
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`other person or entity within that person’s control. Any reference to a corporation or any other
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`entity also refers to and includes any and all agents, employees, representatives, accountants,
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`investment bankers, consultants or attorneys acting on behalf of the corporation or other entity.
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`24.
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`“Prior Art” shall mean the subject matter described in 35 U.S.C. §§ 102 and 103,
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`including but not limited to publications, patents, physical devices, prototypes, uses, sales, and
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`offers for sale, and any documents or other items evidencing any of the foregoing.
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`25.
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`“Agreement” as used herein, means any contract, transaction, license, or other
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`arrangement of any kind, whether conditional, executed, executory, express, or implied, and
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`whether oral or written, in which rights are granted or obligations are assumed. The term
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`Case 2:17-cv-00513-JRG Document 298-1 Filed 01/16/19 Page 8 of 22 PageID #: 19258
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`“agreement” shall encompass completed, actual, contemplated, or attempted agreements or
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`renewals of agreements.
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`26.
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`The terms “relate to,” “reflecting,” “relating to,” or “concerning” or any variations
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`thereof, shall mean relating to, referring to, concerning, mentioning, reflecting, regarding,
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`pertaining to, evidencing, involving, describing, discussing, commenting on, embodying,
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`responding to, supporting, contradicting, or constituting (in whole or in part), or are between (as
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`in the context of communications), as the context makes appropriate.
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`27.
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`“And” and “or” shall be construed either disjunctively or conjunctively as necessary
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`to bring within the scope of each Topic all testimony that might otherwise be construed outside
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`the scope.
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`28.
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`29.
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`30.
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`31.
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`32.
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`“Any” shall include “all” and “All” shall include “any.”
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`The term “including” shall mean “including without limitation.”
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`The use of the singular form of any word includes the plural and vice versa.
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`The use of any tense of any word includes all other tenses.
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`Definitions or usages of words or phrases in these Topics are not intended to be,
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`and shall not be, construed as admissions as to the meaning of words or phrases at issue in the
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`action, and shall have no binding effect on Defendants in this or in any other proceeding.
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`TOPICS
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`1.
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`The current and former composition, ownership, corporate structure and operation
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`of AGIS and AGIS Related Entities, including without limitation, facts concerning the creation,
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`funding, and operation of AGIS and AGIS Related Entities, an identification of the directors,
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`officers, and employees of AGIS and AGIS Related Entities, the positions, titles and interests of
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`those individuals in AGIS and AGIS Related Entities, and the identity of all persons and entities
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`Case 2:17-cv-00513-JRG Document 298-1 Filed 01/16/19 Page 9 of 22 PageID #: 19259
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`with any interest in any damages award or other relief that AGIS and AGIS Related Entities may
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`obtain as a result of this Action.
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`2.
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`The relationship between AGIS and AGIS Related Entities, including but not
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`limited to the custody and control of documents as between AGIS and AGIS Related Entities.
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`3.
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`AGIS’s revenues, expenses, and profits, including but not limited to revenues
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`earned by AGIS that may be attributed to the Patents-in-Suit or Related Patents.
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`4.
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`AGIS Related Entities’ revenues, expenses, and profits, including but not limited
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`to revenues earned by AGIS that may be attributed to the Patents-in Suit or Related Patents.
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`5.
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`All facts and circumstances surrounding any offers, requests, discussion, and/or
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`negotiations to provide a license to the Patents-in-Suit and/or Related Patents, including without
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`limitation the identity of each Person who participated on behalf of AGIS and/or AGIS Related
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`Entities; the dates of such offers, requests, discussions, or negotiations; the patent claim(s) at issue;
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`the outcome or pending status of the offer, discussion or negotiation and the date of any resulting
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`license(s); the terms of any resulting license(s); and the monthly royalties or any other money
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`received from any such license(s).
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`6.
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`The identity of each individual or entity that has entered into any patent license,
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`cross license, portfolio license, settlement, or similar agreement, including without limitation
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`covenants not to sue, indemnification agreements, or agreements not to assert, involving, in whole
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`or in part, the Patents-in-Suit, Related Patents, or technology allegedly covered by the Patents-in-
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`Suit or Related Patents, as well as the effective date and terms of any such patent license, cross
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`license settlement, or similar agreement.
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`7.
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`8.
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`Any product sold under or authorized by any license to the Patents-in-Suit.
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`AGIS’s policies, practices, and/or customs relating to patent licensing.
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`Case 2:17-cv-00513-JRG Document 298-1 Filed 01/16/19 Page 10 of 22 PageID #: 19260
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`9.
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`10.
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`Projected royalty rates and/or royalties from future licensing of the Patents-in-Suit.
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`Any evidence that the inclusion of any feature allegedly infringing the Patents-in-
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`Suit has led to increased demand for the allegedly infringing products.
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`11.
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`12.
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`The assignment of any rights to the Patents-in-Suit.
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`All facts and circumstances surrounding any offers, requests, discussion, and/or
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`negotiations to provide an interest in one or more of the Patents-in-Suit, including without
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`limitation the identity of each person who participated on behalf of AGIS or AGIS Related Entities;
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`the dates of such offers, requests, discussions, or negotiations; the patent claim(s) at issue; the
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`outcome or pending status of the offer, discussion or negotiation and the date of any resulting
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`interest(s); the terms of any resulting interest(s); and the monthly royalties or any other money
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`received from any such interest(s).
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`13.
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`The ownership of each of the Patents-in-Suit and Related Patents, from
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`application of the patent to the present day, including without limitation any person or entity
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`within the chain of title, any person or entity who has or has ever had any ownership, title, right,
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`option, or interest in the Patents-in-Suit or Related Patents.
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`14.
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`Any valuation of AGIS, AGIS Related Entities, the Patents-in Suit, and/or any
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`Related Patents.
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`15.
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`Any and all sales, offers to sell, or attempts to sell any product AGIS contends
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`embodies the claims of the Patents-in-Suit or Related Patents, including the dates, parties, and
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`amounts of such sales, offers to sell, or attempts to sell.
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`16.
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`The marketing and promotion efforts regarding features, performance, attributes,
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`or characteristics of each product, device, and/or service that AGIS contends embodies or has ever
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`embodied the subject matter of any Asserted Claim.
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`Case 2:17-cv-00513-JRG Document 298-1 Filed 01/16/19 Page 11 of 22 PageID #: 19261
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`17.
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`Any interactions between AGIS and any other entity regarding the Patents-in-Suit
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`or Related Patents, or technology related to the Patents-in-Suit or Related Patents.
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`18.
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`Any entity or Person who holds, or has previously held, any financial or security
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`interest in this Action, including but not limited to: (a) the entity’s or Person’s interest; (b) the date
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`such interest was acquired, whether such interest persists, and (if applicable) the date such interest
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`was terminated; and (c) all documents (including but not limited to agreements or contracts)
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`relating to such interest.
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`19.
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`Any entity or Person who has funded (even in part) this Action, including but not
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`limited to: (a) all agreements or contracts reflecting such funding; and (b) the amount of funding
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`provided.
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`20.
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`Any entity or Person who holds, or has previously held, any financial or security
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`interest in one or more of the Patents-in-Suit, including but not limited to: (a) the entity’s or
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`Person’s interest; (b) the date such interest was acquired, whether such interest persists, and (if
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`applicable) the date such interest was terminated; and (c) all documents (including but not limited
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`to agreements or contracts) relating to such interest.
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`21.
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`Any entity or Person who holds, or has previously held, any financial or security
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`interest in AGIS or any AGIS Related Entities, including but not limited to: (a) the entity’s or
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`Person’s interest; (b) the date such interest was acquired, whether such interest persists, and (if
`
`applicable) the date such interest was terminated; and (c) all documents (including but not limited
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`to agreements or contracts) relating to such interest.
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`22.
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`Any product, device, apparatus, method, process, system, or technology other than
`
`the Accused Products that AGIS believes is, was, may be, or may have been infringing the Patents-
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`Case 2:17-cv-00513-JRG Document 298-1 Filed 01/16/19 Page 12 of 22 PageID #: 19262
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`in-Suit, including but not limited to those at issue in any other lawsuit, judicial proceeding,
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`administrative proceeding, arbitration, or other adverse proceeding.
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`23.
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`Any testing, analysis, consideration, or evaluation conducted by or prepared by or
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`on behalf of AGIS, AGIS’s counsel, or anyone else acting on AGIS’s behalf to determine whether,
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`or that may have revealed whether, any Accused Products infringe any of the Asserted Claims.
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`24.
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`Any analysis related to any products considered by AGIS to embody one or more
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`inventions of the Patents-in-Suit.
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`25.
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`The Patents-in-Suit, including the subject matter and alleged invention(s) of the
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`Patents-in-Suit.
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`26.
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`27.
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`The meaning of the terms in the asserted claims of the Patents-in-Suit.
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`The conception, reduction to practice, and diligence between conception and
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`reduction to practice of any alleged invention of the Patents-in-Suit.
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`28.
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`The inventorship of each asserted claim of the Patents-in-Suit, including but not
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`limited to the contribution to each asserted claim by each Named Inventor.
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`29.
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`30.
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`AGIS’s relationship with any inventors of the Patents-in-Suit.
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`All Prior Art (whether disputed or undisputed) to any of the Patents-in-Suit
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`known to AGIS or AGIS Related Entities.
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`31.
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`AGIS’s knowledge of the Prior Art references identified in Defendants’ Invalidity
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`Contentions, as well as any additional amendments to those and/or other disclosures of Prior Art.
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`32.
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`The scope, methodology (including identification of search terms), and results of
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`any Prior Art searches or analyses concerning the Patents-in-Suit conducted by AGIS, AGIS’s
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`counsel, AGIS Related Entities, or anyone substantially involved with the prosecution of any of
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`the Patents-in-Suit, whether before or after the issuance dates of the Patents-in-Suit.
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`Case 2:17-cv-00513-JRG Document 298-1 Filed 01/16/19 Page 13 of 22 PageID #: 19263
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`33.
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`34.
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`The prosecution of the Patents-in-Suit and the decision to seek patent protection.
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`The prosecution of any Related Patents and Patent Applications before the United
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`States Patent and Trademark Office.
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`35.
`
`36.
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`The priority date of each of the Patents-in-Suit.
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`Any evidence that the ’410 Application provides support for any of the claims of
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`any of the Patents-in-Suit.
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`37.
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`38.
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`39.
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`The expiration date of each of the Patents-in-Suit.
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`Any alleged novelty or alleged benefit of the Patents-in-Suit over the prior art.
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`Any facts or circumstances that AGIS contends demonstrates objective indicia of
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`nonobviousness of the asserted claims of the Patents-in-Suit, including but not limited to
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`commercial success (including any evidence that such success is attributable to the Patents-in-
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`Suit and not unpatented attributes), long-felt need, failed attempts of others to solve a problem,
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`initial skepticism, industry recognition and praise for the alleged invention(s), and copying by
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`others.
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`40.
`
`For each alleged invention of each of the Patents-in-Suit, the facts and
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`circumstances relating to the first: (a) manufacture; (ii) use; (iii) public use; (iv) offer for sale; (v)
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`offer for sale in the United States; (vi) sale; (vii) sale in the United States; (viii) disclosure
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`outside of AGIS; and (ix) written description.
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`41.
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`The factual and legal bases for AGIS’s allegations of infringement (whether direct
`
`or indirect) of each of the Patents-in-Suit by any Accused Product.
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`42.
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`The date on which AGIS or any AGIS Related Entities became aware of any
`
`Accused Product and the date on which AGIS or any AGIS Related Entities became aware of
`
`any alleged infringement of each of the Patents-in-Suit.
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`Case 2:17-cv-00513-JRG Document 298-1 Filed 01/16/19 Page 14 of 22 PageID #: 19264
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`43.
`
`AGIS’s knowledge of Google Applications, including but not limited to the
`
`dates(s) on which AGIS became aware of the Google Applications, the person(s) who became
`
`aware of the Google Applications, and the sources of AGIS’s knowledge or information
`
`regarding the Google Applications.
`
`44.
`
`For each of the Asserted Claims, the specific structure in the Accused Products that
`
`purportedly corresponds to each limitation of each Asserted Claim.
`
`45.
`
`Any AGIS or AGIS Related Entities product or service, including but not limited
`
`to LifeRing, ASSIST, and HoundDog.
`
`46.
`
`Any AGIS or AGIS Related Entities product or service that allows accessing a
`
`forced message alert software application program.
`
`47.
`
`Any AGIS or AGIS Related Entities product or service that allows creating a
`
`forced message alert.
`
`48.
`
`Any AGIS or AGIS Related Entities product or service that allows transmitting a
`
`forced message alert to a PDA or cell phone.
`
`49.
`
`Any AGIS or AGIS Related Entities product or service that allows PDAs or cell
`
`phones to acknowledge receipt of a forced message alert.
`
`50.
`
`Any AGIS or AGIS Related Entities product or service that allows providing a
`
`manual response list on the display of a PDA or cell phone.
`
`51.
`
`Any AGIS or AGIS Related Entities product or service that allows clearing a
`
`recipient's display screen or causing a repeating voice alert to cease upon selecting a response
`
`from a response list.
`
`
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`

`Case 2:17-cv-00513-JRG Document 298-1 Filed 01/16/19 Page 15 of 22 PageID #: 19265
`
`52.
`
`Any AGIS or AGIS Related Entities product or service that allows obtaining
`
`contact information of a plurality of second devices, wherein the contact information comprises
`
`respective telephone numbers of the second devices.
`
`53.
`
`Any AGIS or AGIS Related Entities product or service that allows initiation of
`
`Internet Protocol-based communication between devices by using the respective telephone
`
`numbers of the devices to send Short Message Service messages.
`
`54.
`
`Any AGIS or AGIS Related Entities product or service that allows receiving and
`
`transmitting Internet Protocol-based responses to SMS messages, wherein the responses include
`
`location information.
`
`55.
`
`Any AGIS or AGIS Related Entities product or service that allows presenting a
`
`map and a plurality of symbols corresponding to devices positioned on the map.
`
`56.
`
`Any AGIS or AGIS Related Entities product or service that allows receiving user
`
`input specifying a location and symbol.
`
`57.
`
`Any AGIS or AGIS Related Entities product or service that allows transmitting a
`
`location and a symbol to a device for the addition of the location and symbol to a map on a
`
`display.
`
`58.
`
`Any AGIS or AGIS Related Entities product or service that allows a first device
`
`to receive a message from a second device, wherein the message relates to joining a group.
`
`59.
`
`Any AGIS or AGIS Related Entities product or service that allows a device to
`
`join a communication network corresponding to a group, wherein joining the communication
`
`network comprises transmitting a message including an identifier corresponding to the group.
`
`
`
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`

`

`Case 2:17-cv-00513-JRG Document 298-1 Filed 01/16/19 Page 16 of 22 PageID #: 19266
`
`60.
`
`Any AGIS or AGIS Related Entities product or service that allows a first device
`
`to participate in a group, wherein participating in the group includes sending location
`
`information to a server and receiving location information from the server.
`
`61.
`
`Any AGIS or AGIS Related Entities product or service that allows presenting, a
`
`georeferenced map and a set of one or more symbols corresponding to one or more devices.
`
`62.
`
`Any AGIS or AGIS Related Entities product or service that allows sending, to a
`
`server, a request for georeferenced map data and receiving georeferenced map data from the
`
`server.
`
`63.
`
`Any AGIS or AGIS Related Entities product or service that allows identifying
`
`user interaction with an interactive display selecting one or more symbols corresponding to one
`
`or more devices and positioned on a georeferenced map and user interaction with the display
`
`specifying an action and, based thereon, sending data to the selected one or more devices.
`
`64.
`
`Any AGIS or AGIS Related Entities product or service that practices any of the
`
`limitations recited in the Asserted Claims.
`
`65.
`
`Communications between AGIS and AGIS Related Entities regarding any
`
`Defendant.
`
`66.
`
`Communications between AGIS or AGIS Related Entities and any third party
`
`regarding any Defendant.
`
`67.
`
`The facts and circumstances relating to any pre-filing investigation of AGIS’s
`
`claims of infringement in this Action, including the dates of any such investigation, the identity
`
`of Persons involved, and the products or information reviewed or considered by AGIS.
`
`68.
`
`The factual and legal bases for AGIS’s allegations of willful infringement in this
`
`Action.
`
`
`
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`

`Case 2:17-cv-00513-JRG Document 298-1 Filed 01/16/19 Page 17 of 22 PageID #: 19267
`
`69.
`
`The factual and legal bases for AGIS’s contention that this case is exceptional
`
`under 35 U.S.C. § 285.
`
`70.
`
`The factual and legal bases for AGIS’s request for a permanent injunction in this
`
`Action.
`
`71.
`
`AGIS’s policies, practices, and/or customs with respect to providing notice of its
`
`patents to others.
`
`72.
`
`Any litigation or other proceeding in which infringement and/or invalidity of any
`
`of the Patents-in-Suit or Related Patents has been alleged.
`
`73.
`
`74.
`
`Design-arounds or non-infringing alternatives to the Patents-in-Suit.
`
`The structure, operation, design, development, functionality, use, and testing of
`
`any AGIS Practicing Product.
`
`75.
`
`76.
`
`The source code associated with any AGIS Practicing Product.
`
`Demand for any AGIS Practicing Product, including but not limited to any
`
`analysis, investigations, or evaluations relating to such demand.
`
`77.
`
`Any evidence that the alleged inventions of the Patents-in-Suit produced
`
`unexpected, surprising, disproportionate, substantially superior, synergistic, or unusual results.
`
`78.
`
`Praise, awards, and other recognition from experts in the field or persons of
`
`ordinary skill in the art for the alleged inventions of the Patents-in-Suit.
`
`79.
`
`80.
`
`81.
`
`The sales, marketing, and promotion of any AGIS Practicing Product.
`
`Competition between any Accused Product and any AGIS Practicing Product.
`
`The harm that AGIS claims it has sustained or will sustain as a result of each
`
`Defendant’s alleged infringement of the Patents-in-Suit.
`
`
`
`- 16 -
`
`

`

`Case 2:17-cv-00513-JRG Document 298-1 Filed 01/16/19 Page 18 of 22 PageID #: 19268
`
`82.
`
`Damages that AGIS contends that each Defendant should have to pay AGIS as a
`
`result of each Defendant’s alleged infringement of the Patents-in-Suit.
`
`83. Methods used by AGIS to value intellectual property and determine intellectual
`
`property royalties or any other money received for any interest(s).
`
`84.
`
`AGIS’s financial statements, including but not limited to AGIS’s financing,
`
`revenues, profits, losses, assets, and investments.
`
`85.
`
`The marking (or lack thereof) of products or product literature with the patent
`
`number(s) of any of the Patents-in-Suit.
`
`86.
`
`AGIS’s policies and procedures for storing, preserving, retaining, maintaining,
`
`and/or destroying documents.
`
`87.
`
`AGIS’s collection and production of documents in connection with this Action,
`
`including AGIS’s search methodology for documents and the identity and ownership history of
`
`all sources (paper and electronic) that have been or will be searched, including, but not limited
`
`to, from AGIS Related Entities, the identity of all persons who are or have been custodians of
`
`any such sources, and the transfer of any documents to AGIS from any AGIS Related Entities.
`
`88.
`
`AGIS’s intellectual property policies and procedures including, but not limited to,
`
`information concerning prior art or patent searches.
`
`89.
`
`The identity and location of all Persons with knowledge regarding each of the
`
`above deposition topics.
`
`90.
`
`The identity, location, and content of all documents relating to each of the above
`
`deposition topics.
`
`
`Dated: July 27, 2018
`
`
`Respectfully submitted by:
`
`/s/ Nicholas H. Lee
`
`
`
`
`
`- 17 -
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`

`

`Case 2:17-cv-00513-JRG Document 298-1 Filed 01/16/19 Page 19 of 22 PageID #: 19269
`
`Mark Mann
`SBN: 12926150
`mark@themannfirm.com
`G. Blake Thompson
`SBN: 24042033
`blake@themannfirm.com
`MANN TINDEL THOMPSON
`300 West Main Street
`Henderson, Texas 75652
`Tel: 903-657-8540
`
`
`Michael A. Berta
`Michael.berta@arnoldporter.com
`ARNOLD & PORTER
`KAYE SCHOLER LLP
`Three Embarcadero Center
`10th Floor
`San Francisco, CA 94111-4024
`Tel: 415-471-3277
`
`James S. Blackburn
`James.blackbu