Case 2:17-cv-00514-JRG Document 124-18 Filed 01/28/19 Page 1 of 6 PageID #: 8670
`Case 2:17-cv-00514-JRG Document 124-18 Filed 01/28/19 Page 1 of 6 PageID #: 8670
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`
` EXHIBIT 16
`EXHIBIT 16
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`Case 2:17-cv-00514-JRG Document 124-18 Filed 01/28/19 Page 1 of 6 PageID #: 8670
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`
` EXHIBIT 16
`EXHIBIT 16
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`
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`Case 2:17-cv-00514-JRG Document 124-18 Filed 01/28/19 Page 2 of 6 PageID #: 8671
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`HUAWEI DEVICE USA INC., HUAWEI
`DEVICE CO., LTD. AND HUAWEI
`DEVICE (DONGGUAN) CO., LTD.,
`
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`
`
`
`
`Case No. 2:17-CV-0513-JRG
`(Lead Case)
`
`
`JURY TRIAL DEMANDED
`
`
`NOTICE OF DEPOSITION OF HTC CORPORATION PURSUANT TO RULE 30(b)(6)
`OF THE FEDERAL RULES OF CIVIL PROCEDURE
`
`PLEASE TAKE NOTICE that pursuant to Rule 30(b)(6) of the Federal Rules of Civil
`
`Procedure, Plaintiff AGIS Software Development LLC (“AGIS”), by and through its counsel of
`
`record, will take the oral deposition of Defendant HTC Corporation (“HTC”), through one or
`
`more of their officers, directors, or managing agents, or other persons who consent to testify on
`
`their behalf, with regards to the matters set forth in the attached Schedule A. Plaintiff requests
`
`that Defendant identify in writing at least seven (7) days in advance of the deposition the
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`person(s) designated by Defendant to testify on its behalf, the job title of such person(s), and the
`
`topic(s) on which each such person(s) will testify.
`
`The deposition will commence on March 22, 2018, at 9:00 A.M. EST at the offices of
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`Brown Rudnick LLP, 7 Times Square, New York, NY 10036, or at such other time and place as
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`may be agreed by counsel. The deposition will be taken before a qualified notary public or other
`
`officer authorized by law to administer oaths, and will continue from day-to-day, excluding
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`
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`Case 2:17-cv-00514-JRG Document 124-18 Filed 01/28/19 Page 3 of 6 PageID #: 8672
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`45.
`
`The correlation of internal and external name(s) and internal and external model
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`number(s) of each HTC Accused Product with the yearly quarter sales, revenue, cost, profit, and
`
`pricing for each HTC Accused Product dating back to 2011.
`
`46.
`
`The business relationship between Defendant and the suppliers of components to
`
`the HTC Accused Products, including but not limited to: the contents of any agreements signed
`
`between Defendant and the suppliers, including the effective date, terms, subject matter and/or
`
`termination of any such agreement; and, the number of HTC Accused Products, or components
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`thereof, purchased from each supplier and the cost of purchasing or acquiring such components.
`
`47.
`
`Any agreements, licenses, and contracts, including attachments or exhibits
`
`thereto, produced by Defendant for This Action.
`
`48.
`
`The business structures of HTC Corporation, including without limitation the
`
`corporate structure and parent-subsidiary relationship with other entities; the corporate officers
`
`of each entity within the parent-subsidiary relationship of HTC Corporation; and the distribution
`
`of any income, revenues, profits, or other payments between each entity within the parent-
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`subsidiary relationship of HTC Corporation.
`
`49.
`
`Any market surveys or studies regarding the Accused Instrumentalities, including
`
`but not limited to market surveys or studies regarding consumer preferences or demand in
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`purchasing the Accused Instrumentalities with and without certain features of the HTC Accused
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`Products and HTC Accused Technology.
`
`50.
`
`The value that consumers attribute to any features of the HTC Accused Products
`
`and HTC Accused Technology.
`
`
`
`11
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`Case 2:17-cv-00514-JRG Document 124-18 Filed 01/28/19 Page 4 of 6 PageID #: 8673
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`51.
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`Any advertisements, television and internet commercials, social media content, or
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`other promotional materials related to the Accused Instrumentalities and any features of the
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`Accused Instrumentalities;
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`52.
`
`The pricing and/or discounting of the Accused Instrumentalities including any
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`research, analysis, and other materials used or involved in the determination of such pricing and
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`discounting.
`
`53.
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`The first date on which each Accused Instrumentality was manufactured, sold,
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`offered for sale, and/or imported into the U.S., and the last date if no longer manufactured, sold,
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`offered for sale and/or imported into the U.S.
`
`54.
`
`Defendant’s awareness of and communications regarding Advanced Ground
`
`Information Systems, Inc. v. Life360, Inc., Case No. 9:14-cv-80651-DMM (S.D. Fla.).
`
`55.
`
`Defendant’s awareness of, including the first awareness of, and communications
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`regarding the Asserted Patents and any Related Patents.
`
`56.
`
`Defendant’s policies and practices relating to efforts to investigate or monitor
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`patents that the HTC Accused Products may infringe.
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`57.
`
`Any patent
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`licenses or covenants not to sue relating
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`to the Accused
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`Instrumentalities.
`
`58.
`
`Defendant’s responses to each of Plaintiff’s interrogatories and exhibits thereto,
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`including their content and how that content was gathered.
`
`59.
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`The document retention policies both before and after the filing of this action,
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`including any policy regarding document creation, retention, and destruction related to electronic
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`and/or physical documents.
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`
`
`12
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`Case 2:17-cv-00514-JRG Document 124-18 Filed 01/28/19 Page 5 of 6 PageID #: 8674
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`60.
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`The identities and locations of the persons likely to have knowledge of the
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`foregoing topics.
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`61.
`
`The identities and locations of documents and things pertaining to the foregoing
`
`topics.
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`
`
`
`
`13
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`Case 2:17-cv-00514-JRG Document 124-18 Filed 01/28/19 Page 6 of 6 PageID #: 8675
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`
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`CERTIFICATE OF SERVICE
`
`I hereby certify that on March 8, 2018 a true and correct copy of the above and
`foregoing document has been served by email on:
`
`
`Miguel J. Bombach
`mbombach@perkinscoie.com
`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`San Diego, CA 92130-2594
`
`Matthew C. Bernstein
`mbernstein@perkinscoie.com
`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`San Diego, CA 92130-2594
`
`James Y. Hurt
`jhurt@perkinscoie.com
`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`San Diego, CA 92130-2594
`
`Eric Hugh Findlay
`efindlay@findlaycraft.com
`FINDLAY CRAFT PC
`102 N College Avenue, Suite 900
`Tyler, Texas 75702
`
`
`Attorneys for Defendant HTC CORPORATION
`
`
`
`
` /s/ Daniel J. Shea, Jr
`
` Daniel J. Shea, Jr.
`
`
`
`
`
`
`
`14
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