Case 2:17-cv-00514-JRG Document 161-20 Filed 02/13/19 Page 1 of 6 PageID #: 14393
`Case 2:17-cv-00514—JRG Document 161-20 Filed 02/13/19 Page 1 of 6 PageID #: 14393
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`EXHIBIT 19
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`EXHIBIT 19
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`Case 2:17-cv-00514—JRG Document 161-20 Filed 02/13/19 Page 1 of 6 PageID #: 14393
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`EXHIBIT 19
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`EXHIBIT 19
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`Case 2:17-cv-00514-JRG Document 161-20 Filed 02/13/19 Page 2 of 6 PageID #: 14394
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`AGIS SOFTWARE DEVELOPMENT, LLC,
`
`
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`Plaintiff,
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`v.
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`HUAWEI DEVICE USA INC., HUAWEI
`DEVICE CO., LTD. AND HUAWEI
`DEVICE (DONGGUAN) CO., LTD.,
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`Defendants.
`
`CASE NO. 2:17-CV-0513-JRG
`LEAD CASE
`
`JURY TRIAL DEMANDED
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`AGIS SOFTWARE DEVELOPMENT, LLC,
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`
`
`Plaintiff,
`
`v.
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`HTC CORPORATION,
`
`Defendant.
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`CASE NO. 2:17-CV-0514-JRG
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`JURY TRIAL DEMANDED
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`DEFENDANT HTC CORPORATION’S FIRST SET OF INTERROGATORIES TO
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT, LLC (NOS. 1-15)
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`Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, Defendant HTC
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`Corporation, (“HTC”) through its counsel, hereby requests that Plaintiff AGIS Software
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`Development, LLC (“AGIS”) fully answer the following interrogatories within thirty (30) days
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`in writing, under oath, and in conformity with the Definitions and Instructions set forth below,
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`and afterwards supplement such interrogatory answers as may become necessary to comply with
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`the requirements of Rule 26(e) of the Federal Rules of Civil Procedure.
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`DEFINITIONS
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`The following definitions shall apply throughout these interrogatories, regardless of
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`whether upper or lower-case letters are used:
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`138763851.4
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`Case 2:17-cv-00514-JRG Document 161-20 Filed 02/13/19 Page 3 of 6 PageID #: 14395
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`custody, or control of the trial exhibit, deposition transcript, or trial transcript;
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`(f) if the trial exhibit, deposition transcript, or trial transcript is not in the possession,
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`custody, or control of AGIS, AGIS FL, AGIS Holdings, what party has possession, custody, or
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`control of that trial exhibit, deposition transcript, or trial transcript;
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`(g) if the trial exhibit, deposition transcript, or trial transcript is not in the possession,
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`custody, or control of AGIS, AGIS FL, AGIS Holdings, the date of its destruction and the party
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`that destroyed it; and
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`(h) whether the trial exhibit, deposition transcript, or trial transcript is under an obligation
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`of confidentiality between any of AGIS, AGIS FL, AGIS Holdings and any third party, including
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`the identification of the third party.
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`INTERROGATORY NO. 12:
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`For each LifeRing Instrumentality sold or licensed by AGIS FL, on a version by version
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`basis, identify: (a) the date of its first disclosure to a third party and whether said disclosure was
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`under a non-disclosure agreement; (b) the date of its first disclosure to the public; (c) the date of
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`its first sale or the issuance of the first software license; (d) number of sales or software licenses
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`issued on a year by year basis; (e) revenue on a year by year basis; (f) costs on a year by year
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`basis; (g) profit on a year by year basis; (h) usage statistics on a year by year basis; and (i) all
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`persons most knowledgeable about each identified instrumentality.
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`INTERROGATORY NO. 13:
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`“joining 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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`If You contend that any Instrumentality made by HTC Corp. practices the above quoted
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`claim limitation of claims 1 and 54 of the ’838 patent, either directly or indirectly, explain the
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`138763851.4
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`Case 2:17-cv-00514-JRG Document 161-20 Filed 02/13/19 Page 4 of 6 PageID #: 14396
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`basis for Your contention including a specific element-by-element identification of the specific
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`functionality of the HTC Corp. Instrumentality that corresponds to the following elements:
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`(a) communication network;
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`(b) group;
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`(c) message; and
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`(d) identifier.
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`INTERROGATORY NO. 14:
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`“wherein the first device does not have access to respective
`Internet Protocol addresses of the second devices”
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`If You contend that any Instrumentality made by HTC Corp. practices the above quoted
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`claim limitation of claims 1 and 24 of the ’251 patent, either directly or indirectly, provide the
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`basis for Your contention including a specific identification of the specific functionality of the
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`HTC Corp. Instrumentality that You allege practices the phrase “does not have access.”
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`INTERROGATORY NO. 15:
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`If You contend that HTC Corp. has previously willfully infringed or currently willfully
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`infringes any of the Asserted Claims, identify the behavior You allege is egregious and culpable
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`and provide the basis for Your contention.
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`138763851.4
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`Case 2:17-cv-00514-JRG Document 161-20 Filed 02/13/19 Page 5 of 6 PageID #: 14397
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`
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`Dated: May 18, 2018
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`
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`/s/ Miguel Bombach
`Matthew C. Bernstein, (Lead Attorney)
`CA State Bar No. 199240
`mbernstein@perkinscoie.com
`Miguel J. Bombach
`CA State Bar No. 274287
`mbombach@perkinscoie.com
`James Young Hurt (Pro Hac Vice)
`CA State Bar No. 312390
`jhurt@perkinscoie.com
`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`San Diego, CA 92130-2594
`Tel: (858) 720-5700
`Fax: (858) 720-5799
`
`Eric Findlay
`State Bar No. 00789886
`efindlay@findlaycraft.com
`Brian Craft
`State Bar No. 04972020
`bcraft@findlaycraft.com
`FINDLAY CRAFT, P.C.
`102 N. College Ave., Suite 900
`Tyler, TX 75702
`Tel: (903) 534-1100
`Fax: (903) 534-1137
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`ATTORNEYS FOR DEFENDANT
`HTC CORPORATION
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`138763851.4
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`Case 2:17-cv-00514-JRG Document 161-20 Filed 02/13/19 Page 6 of 6 PageID #: 14398
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`CERTIFICATE OF SERVICE
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`I hereby certify that on May 18, 2018, the forgoing document was served via e-mail upon
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`counsel for Plaintiff AGIS Software Development, LLC.
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` /s/ Miguel Bombach
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`138763851.4
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