Case 2:17-cv-00514-JRG Document 133-8 Filed 01/29/19 Page 1 of 9 PageID #: 9535
`Case 2:17-cv-00514-JRG Document 133-8 Filed 01/29/19 Page 1 of 9 PageID #: 9535
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`EXHIBIT F
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`EXHIBIT F
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`Case 2:17-cv-00514-JRG Document 133-8 Filed 01/29/19 Page 1 of 9 PageID #: 9535
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`EXHIBIT F
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`EXHIBIT F
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`Case 2:17-cv-00514-JRG Document 133-8 Filed 01/29/19 Page 2 of 9 PageID #: 9536
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`HTC CORPORATION,
`
`
`Defendants.
`
`
`Case No. 2:17-CV-0514-JRG
`(Lead Case)
`
`
`JURY TRIAL DEMANDED
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S SECOND SUPPLEMENTAL
`OBJECTIONS AND RESPONSES TO DEFENDANT LG ELECTRONICS INC.’S
`SECOND SET OF INTERROGATORIES TO PLAINTIFF (NO. 14)
`
`PLEASE TAKE NOTICE that, pursuant to Rules 26 and 33 of the Federal Rules of Civil
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`LG ELECTRONICS INC.,
`
`
`Defendant.
`
`
`Case No. 2:17-CV-0515-JRG
`(Consolidated Case)
`
`
`JURY TRIAL DEMANDED
`
`
`Procedure, Plaintiff AGIS Software Development LLC (“AGIS” or “Plaintiff”) hereby
`
`supplements its responses to Defendant LG Electronics Inc.’s (“LG” or “Defendant”) Second Set
`
`of Interrogatories to Plaintiff (No. 14) in writing, under oath, and in accordance with the
`
`following definitions and instructions. These Interrogatories are continuing in nature and require
`
`supplementation in accordance with the Federal Rules of Civil Procedure as follows:
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`
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`
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`Case 2:17-cv-00514-JRG Document 133-8 Filed 01/29/19 Page 3 of 9 PageID #: 9537
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`These responses are made solely for the purposes of this action, and are made without
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`waiving, or intending to waive, the right at any time to revise, correct, modify, supplement or
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`clarify any response provided herein or the right to object on any proper grounds to the use of
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`these responses, for any purpose in whole or in part, in any subsequent proceedings or any other
`
`action. The right to raise any applicable objections at any time is expressly reserved. A response
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`to any interrogatory herein should not be taken as an admission or acceptance of the existence of
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`any facts set forth or assumed by such interrogatory, or that such response constitutes admissible
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`evidence. The responses herein reflect only the present state of AGIS’s investigation and the
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`present state of discovery. Except as otherwise indicated, an objection and/or response to a
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`specific interrogatory does not imply that facts responsive to the interrogatory exist.
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`GENERAL OBJECTIONS
`
`AGIS incorporates by reference the general and specific objections in AGIS’s Objections
`
`and Responses to Defendant LG Electronics, Inc.’s First Set of Interrogatories to Plaintiff (Nos.
`
`1-13), dated July 13, 2018, AGIS Objections and Responses to Defendant LG Electronics, Inc.’s
`
`Second Set of Interrogatories (No. 14), dated November 8, 2018, and AGIS Objections and
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`Responses to LG Electronics, Inc.’s Third Set of Interrogatories (No. 15), dated November 30,
`
`2018.
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`
`
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`
`2
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`Case 2:17-cv-00514-JRG Document 133-8 Filed 01/29/19 Page 4 of 9 PageID #: 9538
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`SPECIFIC OBJECTIONS AND RESPONSES TO DEFENDANT’S
`SECOND SET OF INTERROGATORIES TO PLAINTIFF (NO. 14)
`
`
`INTERROGATORY NO. 14
`
`Identify, on a claim-by-claim basis, each AGIS product that AGIS contends practices any
`Asserted Claim of any Patent-in-Suit.
`
`
`RESPONSE TO INTERROGATORY NO. 14:
`
`AGIS hereby incorporates the General Objections as if fully set forth herein.
`
`AGIS objects to this interrogatory as vague and ambiguous with respect to the phrase
`
`“AGIS product.”
`
`AGIS objects to this interrogatory as overbroad and seeking irrelevant information to the
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`extent the phrase “AGIS product[s]” purports to seek information regarding products developed
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`by entities other than AGIS Software Development LLC.
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`AGIS objects to this Interrogatory as seeking information that is properly the subject of
`
`expert reports before the deadline for such disclosures.
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`AGIS objects to this Interrogatory to the extent it calls for a legal conclusion.
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`AGIS objects to this Interrogatory to the extent it seeks material protected by or may only
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`be answered by reliance upon any privileged or work-product information.
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`Subject to and without waiver of the foregoing general and specific objections, AGIS
`
`responds as follows: Discovery and AGIS’s investigation in this case remain ongoing, and
`
`subject to the parties’ meet-and-confer and LG’s narrowing of the scope of this interrogatory,
`
`AGIS will supplement this response to provide any additional responsive, non-privileged
`
`information to the extent such information exists and can be ascertained after a reasonable
`
`investigation in accordance with the Federal Rules of Civil Procedure and any applicable order
`
`of the Court. AGIS will supplement its response to this Interrogatory, if necessary, once the
`
`
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`
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`Case 2:17-cv-00514-JRG Document 133-8 Filed 01/29/19 Page 5 of 9 PageID #: 9539
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`Court and/or the parties clarify the scope of the claims by virtue of the claim construction
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`process. AGIS reserves the right to supplement the response to this interrogatory including to
`
`identify documents pursuant Fed. R. Civ. P. 33(d).
`
`In accordance with AGIS’s identifications in its Complaint, AGIS Software Development
`
`LLC identifies the LifeRing and ASSIST software products, both of which are made and sold by
`
`AGIS Software Development LLC’s sister company AGIS, Inc., as products that practice the
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`claimed inventions of the asserted claims. AGIS, Inc. is a licensee of the Patents-in-Suit.
`
`On August 14, 2018, counsel for AGIS Software Development LLC informed LG’s
`
`counsel that a production of source code of AGIS, Inc.’s source code repository was available for
`
`inspection on a secure computer at Brown Rudnick LLP, 7 Times Square, New York, NY 10036
`
`beginning of August 17, 2018. On September 6, 2018 and September 7, 2018, LG’s counsel,
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`Matthew Horton, inspected the production of source code.
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`AGIS identifies, pursuant to Fed. R. Civ. P. 33(d), the entire source code production
`
`made available on August 17, 2018 and reviewed by LG’s counsel on September 6, 2018 and
`
`September 7, 2018 as information responsive to this interrogatory. The production of source
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`code contains code which was checked in to AGIS, Inc.’s source code repository for LifeRing as
`
`of at least October 1, 2004 and meets the limitations of at least claim 28 of the ’055 Patent, at
`
`least claim 24 of the ’251 Patent, and at least claim 54 of the ’838 Patent, when installed on the
`
`claimed apparatuses and/or systems. The first production of source code also contains code for
`
`LifeRing 5.0 which meets the limitations of at least claim 28 of the ’055 Patent, at least claim 24
`
`of the ’251 Patent, at least claim 54 of the ’838 Patent, and at least claim 1 of the ’970 Patent.
`
`
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`4
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`Case 2:17-cv-00514-JRG Document 133-8 Filed 01/29/19 Page 6 of 9 PageID #: 9540
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`
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`AGIS reserves the right to further supplement the response to this interrogatory following
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`production of the source code repository and following further investigation of the information
`
`sought by LG.
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`SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 14 (12/6/2018):
`
`
`
`Subject to and without waiving its foregoing General and Specific Objections, AGIS
`
`responds as follows:
`
`
`
`On November 14, 2018 through November 16, 2018, November 19, 2018 through
`
`November 20, 2018, and November 26, 2018 through November 30, 2018, Mr. Isaac Pflaum,
`
`LG’s Expert, inspected the first production of source code. On November 30, 2018, Mr. Pflaum
`
`requested printouts of selected portions of the first production of source code.
`
`AGIS identifies, pursuant to Fed. R. Civ. P. 33(d), the first source code production made
`
`available in its entirety on the secure computer at Brown Rudnick, including, for example, the
`
`requested printouts of selected portions of the first production of source code, from which
`
`information responsive to this interrogatory may be obtained.
`
`The first production of source code contains code which was checked in to AGIS, Inc.’s
`
`source code repository for LifeRing as of at least October 1, 2004 and meets the limitations of at
`
`least claim 28 of the ’055 Patent when installed on the claimed apparatuses and/or systems. The
`
`first production of source code also contains code for LifeRing 5.0 which meets the limitations of
`
`at least claim 28 of the ’055 Patent, at least claim 24 of the ’251 Patent, at least claim 54 of the
`
`’838 Patent, and at least claim 1 of the ’970 Patent, when installed on the claimed apparatuses
`
`and/or systems.
`
`
`
`5
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`Case 2:17-cv-00514-JRG Document 133-8 Filed 01/29/19 Page 7 of 9 PageID #: 9541
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`AGIS reserves the right to further supplement the response to this interrogatory following
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`production of the source code repository and following further investigation of the information
`
`sought by LG.
`
`SECOND SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 14 (12/7/2018):
`
`
`
`Subject to and without waiving its foregoing General and Specific Objections, AGIS
`
`responds as follows:
`
`
`
`AGIS contends that AGIS LifeRing meets the limitations of claims 1, 10, 15, 18, 19, 20,
`
`38, 40, and 54 of the ’838 Patent.
`
`AGIS reserves the right to further supplement the response to this interrogatory.
`
`Dated: December 7, 2018
`
`
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`
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`As to Objections,
`
`BROWN RUDNICK LLP
`
` /s/ Vincent J. Rubino III
`
`
`
`Alfred R. Fabricant
`N.Y. Bar No. 2219392
`Email: afabricant@brownrudnick.com
`Peter Lambrianakos
`N.Y. Bar No. 2894392
`Email: plambrianakos@brownrudnick.com
`Vincent J. Rubino, III
`N.Y. Bar No. 4557435
`Email: vrubino@brownrudnick.com
`Alessandra C. Messing
`NY Bar No. 5040019
`Email: amessing@brownrudnick.com
`John A. Rubino
`NY Bar No. 5020797
`Email: jrubino@brownrudnick.com
`Daniel J. Shea, Jr.
`NY Bar No. 5430558
`Email: dshea@brownrudnick.com
`Enrique W. Iturralde
`NY Bar No. 5526280
`Email: eiturralde@brownrudnick.com
`Daniel J. Shea, Jr.
`NY Bar No. 5430558
`
`
`
`6
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`Case 2:17-cv-00514-JRG Document 133-8 Filed 01/29/19 Page 8 of 9 PageID #: 9542
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`
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`Email: dshea@brownrudnick.com
`Justine Minseon Park
`NY Bar No. 5604483
`Email: apark@brownrudnick.com
`BROWN RUDNICK LLP
`7 Times Square
`New York, NY 10036
`Telephone: 212-209-4800
`Facsimile: 212-209-4801
`
`Samuel F. Baxter
`Texas Bar No. 01938000
`Email: sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas State Bar No. 24012906
`Email: jtruelove@mckoolsmith.com
`McKOOL SMITH, P.C.
`104 East Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: 903-923-9000
`Facsimile: 903-923-9099
`
`ATTORNEYS FOR PLAINTIFF, AGIS
`SOFTWARE DEVELOPMENT LLC
`
`
`7
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`Case 2:17-cv-00514-JRG Document 133-8 Filed 01/29/19 Page 9 of 9 PageID #: 9543
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`CERTIFICATE OF SERVICE
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`I hereby certify that on December 7, 2018, a true and correct copy of the above and
`
`foregoing document has been served by email on:
`
`James S. Blackburn
`james.blackburn@arnoldporter.com
`Arnold & Porter
`Kay Scholer LLP
`777 South Figueroa Street, 44th Floor
`Los Angeles, CA 90017-5844
`
`Nicholas H. Lee
`nicholas.lee@arnoldporter.com
`Arnold & Porter
`Kay Scholer LLP
`777 South Figueroa Street, 44th Floor
`Los Angeles, CA 90017
`
`Michael Anthony Berta
`michael.berta@arnoldporter.com
`Arnold & Porter
`Kay Scholer LLP
`Three Embarcadero Center, 10th Floor
`San Francisco, CA 94111-4024
`
`
`
`Gregory Blake Thompson
`blake@themannfirm.com
`Mann Tindel & Thompson
`300 W. Main
`Henderson, TX 75652
`
`
`James Mark Mann
`mark@themannfirm.com
`Mann Tindel & Thompson
`300 W. Main
`Henderson, TX 75652
`
`
`Marisa Armanino Williams
`Marisa.williams@arnoldporter.com
`Arnold & Porter
`Kay Scholer LLP
`Three Embarcadero Center, 10th Floor
`San Francisco, CA 94111-4024
`
`
`Attorneys for Defendant LG Electronics, Inc.
`
` /s/ Vincent J. Rubino III
`
`Vincent J. Rubino III
`
`
`
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`
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