Case 2:17-cv-00514-JRG Document 133-11 Filed 01/29/19 Page 1 of 14 PageID #: 9556
`Case 2:17-cv-00514—JRG Document 133-11 Filed 01/29/19 Page 1 of 14 PageID #: 9556
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`EXHIBIT I
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`EXHIBIT I
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`

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`Case 2:17-cv-00514-JRG Document 133-11 Filed 01/29/19 Page 2 of 14 PageID #: 9557
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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., ET AL.,
`
`Defendants.
`
`AGIS SOFTWARE DEVELOPMENT, LLC
`
`Plaintiff,
`
`v.
`
`LG ELECTRONICS INC.,
`
`Defendant.
`
`Case No. 2:17-CV-0513-JRG
`(LEAD CASE)
`
`JURY TRIAL DEMANDED
`
`Case No. 2:17-CV-0515-JRG
`(CONSOLIDATED CASE)
`
`JURY TRIAL DEMANDED
`
`LG ELECTRONICS INC.’S FIRST SET OF INTERROGATORIES
`TO PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC (NOS. 1- 13)
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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, Defendant LG Electronics Inc. (“LGEKR” or “Defendant”) hereby requests that
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`Plaintiff AGIS Software Development LLC (“AGIS” or “Plaintiff”) respond to the following
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`Interrogatories in writing, under oath, and in accordance with the following definitions and
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`instructions, within thirty (30) days of the date of service thereof. These Interrogatories are
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`continuing in nature and require supplementation in accordance with the Federal Rules of Civil
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`Procedure.
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`DEFINITIONS
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`1.
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`“LGEKR” and “Defendant” shall mean Defendant LG Electronics Inc.
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`1
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`2.
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`“AGIS,” “Plaintiff,” “You,” and “Your” shall mean Plaintiff AGIS Software
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`Development LLC, including but not limited to its past or present officers, directors, trustees,
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`employees, counsel, agents, consultants, representatives, and any other persons acting or
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`purporting to act on behalf of any of the foregoing, and AGIS’s predecessors-in-interest,
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`successors-in-interest, parents, subsidiaries, and entities acting in joint venture, licensing, or
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`partnership relationships.
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`3.
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`“This Action” means AGIS Software Development LLC v. LG Electronics Inc.,
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`2:17-cv-00515-JRG (E.D. Tex.).
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`4.
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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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`5.
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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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`6.
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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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`7.
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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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`8.
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`“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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`9.
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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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`Revision 07.2015) §§ 201.06–08, with respect to the Patents-in-Suit. “Related Patent
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`Application” includes any international application and/or foreign counterpart of the Patents-in-
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`2
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`Suit. “Related Patent Application” also includes any patent application or issued patent within a
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`chain of copendency with respect to any of the Patents-in-Suit.
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`10.
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`“Document(s)” shall have the broadest meaning ascribed to it by Federal Rule
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`of Civil Procedure 34 and Federal Rule of Evidence 1001, and shall include within its meaning
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`any and all papers, videotapes or video recordings, photographs, films, recordings,
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`memoranda, books, records, accounts, letters, telegrams, correspondence, notes of meetings,
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`notes of conversations, notes of telephone calls, inter-office memoranda or written
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`communications of any nature, recordings of conversations either in writing or by means of
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`any mechanical or electrical recording device, notes, papers, reports, analyses, invoices,
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`canceled checks or check stubs, receipts, minutes of meetings, time sheets, diaries, desk
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`calendars, ledgers, schedules, licenses, financial statements, telephone bills, logs and any
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`differing versions of the foregoing whether denominated formal, informal or otherwise, as well
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`as copies of the foregoing which differ in any way, including handwritten notations or other
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`written or printed matter of any nature, from the original. The foregoing specifically includes
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`the information stored in any form, including electronic form, on a computer or in a computer
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`database or otherwise, including electronic mail. Moreover, the term “document” shall also
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`include all “technical documents,” such as source code, specifications, schematics, flow charts,
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`artwork, drawing, pictures, pictorial representations, formulas, troubleshooting guides, service
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`bulletins, technical bulletins, production specification sheets, white papers, operator manuals,
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`operation manuals and instruction manuals.
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`11.
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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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`12.
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`“Thing(s)” refers to any physical specimen or tangible item, including research
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`and development models, samples, prototypes and the like.
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`13.
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`“Person(s)” refers to all natural persons and all types and kinds of business or
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`other entities, including, but not limited to, corporations, limited liability companies,
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`partnerships, joint ventures, associations, sole proprietorships, government bodies and
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`government agencies. Any reference to an individual person, either singularly or as part of a
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`defined group, includes that person’s employees, agents, legal and non-legal representatives,
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`heirs, successors, assigns and any other person or entity within that person’s control. Any
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`reference to a corporation or any other entity also refers to and includes any and all agents,
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`employees, representatives, accountants, investment bankers, consultants or attorneys acting on
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`behalf of the corporation or other entity.
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`14.
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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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`15.
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`“Identify” shall mean to state the following: (1) when referring to a person, the
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`person’s full name, present or last known address, the last known title and place of employment,
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`the person’s business title during the time period to which the interrogatory relates, and the
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`relationship if any between such person and Plaintiff and dates during which such relationship
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`existed; (2) when referring to a business, legal, or governmental entity or association, the name
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`of the entity or association, and the address of its main office; (3) when referring to a fact, the
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`fact and the identity of the documentary or testimonial support for that fact; (4) when referring to
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`4
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`a product or thing, the title or model name/number, any code name, project name or other name
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`by which it has been referred, and a general description of the product or thing; (5) when
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`referring to a written communication, the identity of the document(s) in which the
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`communication was made; (6) when referring to an oral communication, the identity of all
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`persons participating in the communication; (7) when referring to non-patent documents, the
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`Bates number, type of document, its general nature and subject matter, date of creation, and all
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`author(s), addressee(s) and recipient(s); and (8) when referring to patent documents, the country,
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`patent and/or application number, dates of filing, publication and grant, and the names of the
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`patentees or applicants.
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`16.
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`“Describe” shall mean, in addition to its usual and customary meaning, to identify
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`all persons with knowledge of the information sought in the interrogatory and to identify all
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`documents referring, regarding or relating to the information sought in the interrogatory.
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`17.
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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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`18.
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`“And” and “or” shall be construed either disjunctively or conjunctively as
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`necessary to bring within the scope of each interrogatory all responses that might otherwise be
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`construed outside the scope.
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`19.
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`20.
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`21.
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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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`5
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`22.
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`23.
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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 interrogatories are not intended
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`to be, and shall not be, construed as admissions as to the meaning of words or phrases at issue in
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`the action, and shall have no binding effect on Defendant in this or in any other proceeding.
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`INSTRUCTIONS
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`The following instructions shall apply to each of the Interrogatories herein:
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`1.
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`In answering the following Interrogatories, furnish all available information,
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`including information in the possession, custody, or control of any of your attorneys, directors,
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`officers, agents, employees, representatives, associates, investigators or division affiliates,
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`partnerships, parents or subsidiaries, and persons under your control, who have the best
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`knowledge, not merely information known to you based on your own personal knowledge. In
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`answering these Interrogatories, AGIS is required to make a diligent search of its records and of
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`other documents and materials in its possession or the possession of its employees, attorneys,
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`consultants, or other representatives.
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`2.
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`If you cannot fully respond to the following Interrogatories after exercising due
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`diligence to secure the information requested thereby, so state and answer each Interrogatory to
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`the extent possible. Specify the portion of each Interrogatory that cannot be responded to fully
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`and completely. State what knowledge, information, or belief you have concerning the
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`unanswered portion of the Interrogatory, and state fully, completely, and in detail the acts done
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`and inquiries made by you to show that you have exercised due diligence to make inquiry and
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`secure the information necessary to answer the Interrogatory.
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`3.
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`If your response to a particular Interrogatory is a statement that you lack the
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`ability to provide a response to that Interrogatory, you must specify whether the inability to
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`Case 2:17-cv-00514-JRG Document 133-11 Filed 01/29/19 Page 8 of 14 PageID #: 9563
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`provide a response is because the particular item or category of information never existed, has
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`been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in your
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`possession, custody, or control. Where an identified document is not in your possession,
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`custody, or control, state the name of the persons who have possession, custody, or control of
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`such document. If such document was in your possession, custody, or control in the past but is
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`no longer in your possession, custody, or control, state what disposition was made of it, the
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`reasons for such disposition, persons having any knowledge of such disposition, and the persons
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`responsible for such disposition.
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`4.
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`Where an identified document has been destroyed or is alleged to have been
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`destroyed, state the reasons for its destruction, names of the persons having any knowledge of its
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`destruction, and the names of the persons responsible for its destruction.
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`5.
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`Separately with respect to each piece of information called for by these
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`Interrogatories which is withheld under a claim of privilege or otherwise, provide an explanation
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`of the claim being asserted and a description of the information withheld in accordance with Fed.
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`R. Civ. P. 26(b)(5).
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`6.
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`If you object to any part of an Interrogatory and refuse to answer that part, state
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`your objection and answer the remaining portion of that Interrogatory. If you object to the scope
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`or time period of an Interrogatory and refuse to answer for that scope or time period, state your
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`objection and answer the Interrogatory for the scope or time period you believe is appropriate
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`(including in your answer a specific statement as to why you believe the scope of time period is
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`inappropriate).
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`7.
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`If you respond to any of the following Interrogatories as authorized by Fed. R.
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`Civ. P. 33(d), for each such Interrogatory and subpart thereof, specify the production numbers
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`7
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`(i.e., Bates numbers) of the specific document or group of documents accompanying your
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`response.
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`8.
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`With respect to each of the following Interrogatories, unless otherwise stated, the
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`information sought is as of the date of AGIS’s response. Your obligation to respond to these
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`Interrogatories is continuing and responses are to be supplemented to include subsequently
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`acquired information in accordance with the requirements of Rule 26(e) of the Federal Rules of
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`Civil Procedure.
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`Interrogatory No. 1:
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`INTERROGATORIES
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`If You contend that Defendant has willfully infringed the Asserted Claims, describe in
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`detail the basis of such contention, including all Persons who have knowledge of said facts, and
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`Identify all Documents and other evidence that supports Your contention.
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`Interrogatory No. 2:
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`If You contend that Defendant has induced or contributed to the infringement of the
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`Asserted Claims, describe in detail the basis of such contention, including all Persons who have
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`knowledge of said facts, and Identify all Documents and other evidence that supports Your
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`contention.
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`Interrogatory No. 3:
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`Identify all products or services sold, offered for sale, demonstrated or used by You and
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`any predecessors in interest that practice any Asserted Claim of the Patents-in-Suit, including the
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`date when, and by whom, any such products or services were first sold, offered, demonstrated or
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`used; Identify the amount or volume of such activities; and also Identify the persons most
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`knowledgeable about such activities and Identify all Documents relating to such activities.
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`8
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`Interrogatory No. 4:
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`Identify each product, if any, that has ever been marked with the patent numbers of the
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`Patents-in-Suit, including the date when such marking was first made, the date on which such
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`marking stopped (whether temporarily or permanently), and the patent number marked; Identify
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`all documents or other evidence that You contend provide evidence of such marking, and
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`Identify all persons with knowledge concerning such facts (specifically Identifying the persons
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`most knowledgeable).
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`Interrogatory No. 5:
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`Identify with specificity (including by Bates numbers) all agreements that You are or
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`were a party to (or are or were otherwise bound by) pursuant to which license or covenant rights
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`under any of the Patents-in-Suit are granted.
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`Interrogatory No. 6:
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`If You have conducted any valuations of any of the Patents-in-Suit, identify and describe
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`in detail those valuations, including who conducted the valuations, when they were conducted,
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`the results of Your valuations, individuals with knowledge of the valuations, and all Documents
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`relating to those valuations.
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`Interrogatory No. 7:
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`Identify and explain the basis for asserting each type of damages that You contend You
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`have incurred as a result of the alleged infringement in This Action, stating in detail (a) the total
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`dollar amount of such damages; (b) whether the damages claimed are based upon lost profits, a
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`reasonable royalty, and/or some other economic theory; (c) the identification of each Document
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`supporting Your damages contentions; and (d) the identity of each person with personal
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`knowledge of facts and the persons You believe have the most personal knowledge of facts
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`supporting Your damages contentions.
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`Interrogatory No. 8:
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`Identify any information or evidence You contend bears on what You claim is a
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`reasonable royalty in this action, including, but not limited to, any information or evidence
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`supporting the 15 factors found in the Georgia-Pacific Corp. v. United States Plywood Corp.,
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`318 F. Supp. 1116 (S.D.N.Y. 1970).
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`Interrogatory No. 9:
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`Identify and explain the basis for asserting damages in the event that You only establish
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`infringement based on internal use or testing in connection with making the accused
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`instrumentalities available to the public, stating in detail (a) the total dollar amount of such
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`damages; (b) whether the damages claimed are based upon lost profits, a reasonable royalty,
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`and/or some other economic theory; (c) the factual and legal bases supporting Your damages
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`contentions; and (d) the identification of each Document supporting Your damages contentions.
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`Interrogatory No. 10:
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`State the date(s) and describe the circumstances in which You first formed a belief that
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`Defendant infringed the Patents-in-Suit, the date and manner in which You contend Defendant
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`was first notified or became aware of the Patents-in-Suit, and the date and facts showing that
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`Defendant knew and/or should have known that they infringed the Patents-in-Suit.
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`Interrogatory No. 11:
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`Describe in detail each and every instance in which You have licensed, offered to license,
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`attempted to license, or enforced any of the Patents-in-Suit or Related Patents and Patent
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`Applications, including the date and parties involved for each license, offer or enforcement as
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`10
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`well as the terms and consideration paid or offered for each license, offer or settlement of
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`enforcement proceedings; and Identify all Documents relating to each such instance, each person
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`with personal knowledge of such activity, and the persons You believe to have the most personal
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`knowledge of such activity.
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`Interrogatory No. 12:
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`Identify all persons including, but not limited to, AGIS shareholders, AGIS past and
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`present directors, AGIS officers and/or employees, AGIS investors who have an absolute,
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`contingent, potential or any other right to a share in any recovery AGIS may obtain based on any
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`licenses, settlements, or damages recovery based on the Patents-in-Suit, and explain the nature of
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`such rights (including the dollar or percentage share of each such person or entity in any such
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`recovery), and Identify all Documents relating thereto.
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`Interrogatory No. 13:
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`Describe the factual circumstances surrounding any alleged acquisition of rights under
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`the Patent-in-Suit by AGIS or any other entity, including the date of each alleged acquisition, the
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`consideration paid for the alleged acquisition, all other material terms of the alleged acquisition,
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`and any other past owner or owners, such that the chain-of-title and all transactions concerning a
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`change in title or any rights relating thereto, with an identification of the persons most
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`knowledgeable about such factual circumstances and an identification of all Documents relating
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`thereto.
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`Dated: June 13, 2018
`
`ARNOLD & PORTER KAYE SCHOLER LLP
`
`
`
`/s/ Mark Mann
`Mark Mann
`SBN: 12926150
`mark@themannfirm.com
`G. Blake Thompson
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`11
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`Case 2:17-cv-00514-JRG Document 133-11 Filed 01/29/19 Page 13 of 14 PageID #: 9568
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`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
`Marisa Armanino Williams
`Marisa.Williams@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.blackburn@arnoldporter.com
`Nicholas H. Lee
`Nicholas.lee@arnoldporter.com
`ARNOLD & PORTER
`KAYE SCHOLER LLP
`777 South Figueroa Street
`44th Floor
`Los Angeles, CA 90017-5844
`Tel: 213-243-4156
`
`ATTORNEYS FOR DEFENDANT
`LG ELECTRONICS, INC.
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`Case 2:17-cv-00514-JRG Document 133-11 Filed 01/29/19 Page 14 of 14 PageID #: 9569
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that all counsel of record who are deemed to have
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`consented to electronic service are being served with a copy of this document via electronic mail
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`on June 13, 2018.
`
`/s/ Bonnie Phan
`
`Bonnie Phan
`ARNOLD & PORTER KAYE SCHOLER LLP
`3000 El Camino Real
`Five Palo Alto Square, Suite 500
`Palo Alto, CA 94306-2112
`Tel: 1 650.319.4543
`
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