Case 2:17-cv-00514-JRG Document 161-21 Filed 02/13/19 Page 1 of 6 PageID #: 14399
`Case 2:17-cv-00514—JRG Document 161-21 Filed 02/13/19 Page 1 of 6 PageID #: 14399
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`EXHIBIT 20
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`EXHIBIT 20
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`Case 2:17-cv-00514—JRG Document 161-21 Filed 02/13/19 Page 1 of 6 PageID #: 14399
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`EXHIBIT 20
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`EXHIBIT 20
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`Case 2:17-cv-00514-JRG Document 161-21 Filed 02/13/19 Page 2 of 6 PageID #: 14400
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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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`HTC CORPORATION,
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`Defendant.
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`CASE NO. 2:17-CV-0514-JRG
`(LEAD CASE)
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`JURY TRIAL DEMANDED
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`DEFENDANT HTC CORPORATION’S SECOND SET OF INTERROGATORIES TO
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT, LLC (NOS. 16-25)
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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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`1. “AGIS Software Development, LLC,” “AGIS,” “You,” or “Your” refers to Plaintiff
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`AGIS Software Development, LLC, including without limitation all subsidiaries, parents,
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`affiliates, and all past or present directors, officers, attorneys, agents, representatives, employees,
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`and consultants.
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`- 1 -
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`Case 2:17-cv-00514-JRG Document 161-21 Filed 02/13/19 Page 3 of 6 PageID #: 14401
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`Google owned and operated website accessible only via a web browser. Explain AGIS’s basis,
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`and identify all documents in support of AGIS’s basis, for alleging that HTC Corporation
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`directly infringes the ’970 patent.
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`INTERROGATORY NO. 20:
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`HTC Corporation does not make, use, offer to sell, or sell smartphones in the United
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`States or import smartphones into the United States. For each of the asserted claims of the ’055,
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`’251, ’838, and ’970 patents, separately identify the party or parties that AGIS contends directly
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`infringe each patent, and which activity or activities from 35 U.S.C. § 271(a) (i.e., “makes . . .
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`within the United States”, “uses . . . within the United States,” “offers to sell . . . within the
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`United States,” “sells . . . within the United States,” or “imports into the United States”)
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`constitute the infringing acts. Identify the documents that demonstrate these activities.
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`INTERROGATORY NO. 21:
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`Explain AGIS’s basis, and identify all documents in support of AGIS’s basis, for
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`contending that HTC Corporation induces others to infringe each of the ’055, ’251, ’838, and
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`’970 patents under 35 U.S.C. § 271(b), including an identification of the party or parties that
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`perform the alleged direct infringement and an identification of the activities conducted by HTC
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`Corporation that you claim demonstrate a specific intent of HTC Corporation to encourage direct
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`infringement, including HTC Corporation’s knowledge of the ’055, ’251, ’838, and ’970 patents,
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`knowledge that the induced acts constitute direct infringement of the ’055, ’251, ’838, and ’970
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`patents, and the affirmative steps taken by HTC Corporation to bring about direct infringement.
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`INTERROGATORY NO. 22:
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`Claims 1 and 54 of the ’838 patent require the following claim limitations:
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`- 12 -
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`Case 2:17-cv-00514-JRG Document 161-21 Filed 02/13/19 Page 4 of 6 PageID #: 14402
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`“participating in the group, wherein participating in the group
`includes sending first location information to a first server and
`receiving second location information from the first server”
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`and
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`“sending, to a second server, a request for second georeferenced
`map data different from the first georeferenced map data”
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`Identify: (a) whether AGIS alleges that an HTC Corporation-made phone or a server performs
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`the “sending, to a second sever;” (b) what accused instrumentality AGIS contends is the claimed
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`“first server;” and (c) what accused instrumentality AGIS contends is the claimed “second
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`server.”
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`INTERROGATORY NO. 23:
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`Explain AGIS’s basis, and identify all documents in support of AGIS’s basis, for stating
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`that consumers attribute value to those features of Find My Device and Google Maps that
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`allegedly infringe the ’055, ’251, ’838, and ’970 patents when the consumers purchase or
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`determine to purchase an HTC Corporation-made phone and a quantifiable value attributable to
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`said allegedly infringing features for each of the ’055, ’251, ’838, and ’970 patents.
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`INTERROGATORY NO. 24:
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`State the basis for AGIS’s contention that it is entitled to an injunction, including without
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`limitation (1) how AGIS has suffered irreparable injury as a result of HTC Corporation’s alleged
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`infringement, including an identification of the relevant market and the presence or absence of
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`other competitors in the relevant market; (2) why monetary damages are inadequate to
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`compensate for such injury; (3) the hardship AGIS would suffer were an injunction to be denied
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`and why it is greater than the hardship HTC would suffer should an injunction be granted; and
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`(4) how the public interest would be served by such an injunction. Identify all documents
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`supporting AGIS’s contention that it is entitled to an injunction.
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`- 13 -
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`Case 2:17-cv-00514-JRG Document 161-21 Filed 02/13/19 Page 5 of 6 PageID #: 14403
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`INTERROGATORY NO. 25:
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`State the date on which AGIS contends that the hypothetical negotiation between AGIS
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`and HTC Corporation should take place and AGIS’s basis for choosing said date.
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`Dated: November 7, 2018
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`Respectfully submitted,
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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
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`Eric Findlay
`State Bar No. 00789886
`efindlay@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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`Case 2:17-cv-00514-JRG Document 161-21 Filed 02/13/19 Page 6 of 6 PageID #: 14404
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`CERTIFICATE OF SERVICE
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`I hereby certify that on November 7, 2018, the forgoing document was served via e-mail
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`upon counsel for Plaintiff AGIS Software Development, LLC.
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` /s/ Miguel Bombach
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`- 15 -
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