Case 2:17-cv-00514-JRG Document 161-15 Filed 02/13/19 Page 1 of 3 PageID #: 14380
`Case 2:17-cv-00514—JRG Document 161-15 Filed 02/13/19 Page 1 of 3 PageID #: 14380
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`EXHIBIT 14
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`EXHIBIT 14
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`Case 2:17-cv-00514-JRG Document 161-15 Filed 02/13/19 Page 2 of 3 PageID #: 14381
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`May 16, 2018
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`VIA EMAIL: AMESSING@BROWNRUDNICK.COM
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`Alessandra Messing
`Brown Rudnick LLP
`Seven Times Square
`New York, NY 10036
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`Re: AGIS Software Development, LLC v. HTC Corporation
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`Case No. 2:17-cv-514 (E.D. Tex.)
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`Dear Ms. Messing:
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`I write in response to your letter dated May 9, 2018.
`
`Miguel J. Bombach
`MBombach@perkinscoie.com
`D. +1.858.720.5747
`F. +1.858.720.5847
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`As an initial matter, your letter references a January 16 letter that HTC Corp. never received. In
`fact, HTC Corp.’s answer date was January 22, 2018, several days after this referenced
`correspondence.
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`A week after your March 8 letter, HTC Corp. provided to AGIS over 20,000 pages of responsive
`and relevant documents on March 15. About two months later, your May 9 letter includes only a
`generic complaint.1 AGIS’s complaint is unhelpful to HTC Corp. From your letter, HTC Corp.
`cannot identify what, if anything, you allege is missing. Can you please specify, more
`particularly, what you believe is missing so HTC Corp. can address it?
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`In addition, your May 9 letter complains about the number of Google-related documents in HTC
`Corp.’s production. But, as you well know, AGIS has accused Google’s applications (such as
`Hangouts, Maps, Device Manager, to name a few). HTC Corp. simply installs some Google
`applications. HTC Corp. does not receive source code to nor does it modify the source code of
`Google’s applications. Naturally, many relevant documents would be Google related.
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`With respect to source code, even though no HTC Corp. made application is accused or
`implicated, HTC Corp. will lay make its source code for its phones available for inspection at
`Perkins Coie’s San Diego office. For the initial inspection, please provide us with a week notice
`so that we may set up the source code computer.
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`Your generic complaints regarding HTC Corp.’s interrogatory responses also makes it
`impossible for HTC Corp. to understand exactly what issues you have with the responses. Each
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`1 You stated that HTC Corp. failed to produce “Source code, specifications, schematics, flow charts, artwork,
`formulas, or other documentation sufficient to show the operation of any aspects or elements of an Accused
`Instrumentality identified by the patent claimant in its P. R. 3-1(c) chart.”
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`139847596.1
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`Case 2:17-cv-00514-JRG Document 161-15 Filed 02/13/19 Page 3 of 3 PageID #: 14382
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`Alessandra Messing
`Page 2
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`of AGIS’s interrogatories is compound, confusing, and asks for information well-beyond the
`scope of this case. Interrogatory 5, for example, asks for “manufacture” and “assembly.”
`Interrogatory 4 asks for hardware components that HTC Corp. purchases. How HTC Corp.
`physically manufactures and assembles phones, or the physical components it purchases, is not
`relevant to AGIS’s software patents that accuse Google’s applications of infringing. Please
`provide your basis for requesting hardware-related discovery.
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`Your letter also states that HTC Corp.’s answer to Rog 5 pointed AGIS to Google, but Google
`makes the accused applications. What exactly do you seek with this interrogatory, if not
`individuals involved with developing the accused software applications? Please clarify.
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`Furthermore, most of AGIS’s other interrogatories ask for information from third parties. For
`instance, Interrogatories 1-2 ask for information relating to devices “sold to customers and made
`available for purchase by customers in the United States.” The other Interrogatories request the
`same or similar information. As repeatedly stated to AGIS, HTC Corp. does not conduct these
`activities in the United States; another party not named to this lawsuit does. Please provide your
`basis for requesting that HTC Corp. provide this information on behalf of third-party entities.
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`With respect to HTC Corp.’s response to Rog 7, HTC Corp. shall investigate whether any
`relevant licenses exist. If they exist, HTC Corp. will supplement its response and production
`with that information. With respect to HTC Corp.’s response to Rog 8, HTC Corp. provided a
`detailed response noting that it will supplement or amend its response. Discovery is on-going,
`and HTC Corp. will continue to supplement this interrogatory with more detail as this case
`progresses. HTC Corp. will supplement its answer to Rog. 8 on or before June 8.
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`Finally, AGIS’s generic May 9 correspondence, demanding a 2-day response, was sent nearly
`two months after HTC Corp.’s production, and about a month after HTC Corp.’s Interrogatory
`responses. Should AGIS have specific issues regarding HTC Corp.’s discovery, these issues
`should be addressed by AGIS in a timely and specific manner. AGIS cannot realistically expect
`HTC Corp. to substantively address any issue within two days, especially given AGIS’s delay
`and that the complaints are non-specific.
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`Miguel J. Bombach
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`MJB
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`139847596.1
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