Case 2:17-cv-00514-JRG Document 161-5 Filed 02/13/19 Page 1 of 11 PageID #: 14342
`Case 2:17-cv-00514—JRG Document 161-5 Filed 02/13/19 Page 1 of 11 PageID #: 14342
`
`EXHIBIT 4
`
`EXHIBIT 4
`
`

`

`Case 2:17-cv-00514-JRG Document 161-5 Filed 02/13/19 Page 2 of 11 PageID #: 14343
`
`From:
`To:
`Cc:
`Subject:
`Date:
`Attachments:
`
`Chi, Justin J.
`Bombach, Miguel J. (SDO); Canavera, Kyle Ryan (SDO)
`Callagy, Sean M.
`RE: Google Subpoena - AGIS v Huawei, HTC, LG, ZTE
`Wednesday, November 07, 2018 10:39:00 AM
`image001.jpg
`
`Yes, that is correct.
`
`From: Bombach, Miguel J. (Perkins Coie) [mailto:MBombach@perkinscoie.com]
`Sent: Wednesday, November 07, 2018 10:37 AM
`To: Chi, Justin J.; Canavera, Kyle (Perkins Coie)
`Cc: Callagy, Sean M.
`Subject: RE: Google Subpoena - AGIS v Huawei, HTC, LG, ZTE
`
`Justin, just to clarify, the source code will be made available for HTC’s inspection by Tuesday 11/13,
`correct?
`
`Miguel Bombach | Perkins Coie LLP
`11988 El Camino Real Suite 350
`San Diego, CA 92130-2594
`D. +1.858.720.5747
`C: +1 646.469.1474
`F. +1.858.720.5847
`E. MBombach@perkinscoie.com
`
`From: Chi, Justin J. <Justin.Chi@arnoldporter.com>
`Sent: Wednesday, November 07, 2018 10:22 AM
`To: Bombach, Miguel J. (SDO) <MBombach@perkinscoie.com>; Canavera, Kyle Ryan (SDO)
`<KCanavera@perkinscoie.com>
`Cc: Callagy, Sean M. <Sean.Callagy@arnoldporter.com>
`Subject: FW: Google Subpoena - AGIS v Huawei, HTC, LG, ZTE
`
`Miguel,
`
`Per the email below, Google will make the source code available for review no later than Tuesday
`(11/13). Please let us know if this addresses HTC’s concerns.
`
`Thanks,
`Justin
`
`From: Callagy, Sean M.
`Sent: Wednesday, November 07, 2018 10:19 AM
`To: Chi, Justin J.
`Cc: Berta, Michael A.; Blackburn, James S.; Lee, Nicholas
`Subject: FW: Google Subpoena - AGIS v Huawei, HTC, LG, ZTE
`
`
`
`From: Callagy, Sean M.
`Sent: Wednesday, November 07, 2018 10:18 AM
`To: Shea, Daniel
`
`

`

`Case 2:17-cv-00514-JRG Document 161-5 Filed 02/13/19 Page 3 of 11 PageID #: 14344
`
`Cc: AGIS-Lit
`Subject: RE: Google Subpoena - AGIS v Huawei, HTC, LG, ZTE
`
`Dan,
`
` I
`
` expect the review machine to be up and running by this coming Monday and no later than Tuesday,
`and will update you once I have more precise information.
`
`Separately, pursuant to the PO, Google objects to Mr. McAlexander reviewing, directly or indirectly,
`Google confidential information or testifying adverse to Google and its products. As Mr.
`McAlexander may have informed you, he is presently a consultant for Google in other matters, and
`has contractually obligated himself not to testify adverse to Google and its products.
`
`Finally, Google maintains its objections to other categories of documents sought by AGIS. AGIS has
`made no showing that these materials are relevant, nor that they cannot be obtained from actual
`parties to the lawsuit such that Google should bear the burden of providing them. Merely claiming
`that certain defendants “punted to Google” or “identified Google” does not suffice.
`
`Best,
`Sean
`
`From: Shea, Daniel [mailto:DShea@brownrudnick.com]
`Sent: Tuesday, November 06, 2018 12:41 PM
`To: Callagy, Sean M.
`Cc: AGIS-Lit
`Subject: RE: Google Subpoena - AGIS v Huawei, HTC, LG, ZTE
`
`
`Sean,
`
`Following up on the source code review, please let us know ASAP when the code will be available for
`inspection.
`
`Please also let us know when Google will begin producing documents responsive to the Subpoenas.
`
`Regards,
`Dan
`
`
`Daniel Shea
`Brown Rudnick LLP
`Seven Times Square
`New York, NY 10036
`T: 212.209.4879
`F: 212.938-2979
`dshea@brownrudnick.com
`www.brownrudnick.com
`
`

`

`Case 2:17-cv-00514-JRG Document 161-5 Filed 02/13/19 Page 4 of 11 PageID #: 14345
`
`Please consider the environment before printing this e-mail
`
`
`From: Shea, Daniel
`Sent: Friday, November 02, 2018 3:46 PM
`To: Callagy, Sean M.
`Cc: AGIS-Lit
`Subject: RE: Google Subpoena - AGIS v Huawei, HTC, LG, ZTE
`
`Sean,
`
`Attached are signed undertakings and CVs for Omid Kia, Rahul Vijh and Joseph McAlexander.
`Also attached is a copy of the PO for your reference.
`
`Please let us know today the date and location for the code review.
`
`Thanks,
`Dan
`
`
`Daniel Shea
`Brown Rudnick LLP
`Seven Times Square
`New York, NY 10036
`T: 212.209.4879
`F: 212.938-2979
`dshea@brownrudnick.com
`www.brownrudnick.com
`Please consider the environment before printing this e-mail
`
`
`From: Callagy, Sean M. [mailto:Sean.Callagy@arnoldporter.com]
`Sent: Thursday, November 01, 2018 5:11 PM
`To: Shea, Daniel
`Cc: AGIS-Lit
`Subject: RE: Google Subpoena - AGIS v Huawei, HTC, LG, ZTE
`
`External E-mail. Use caution accessing links or attachments.
`
`The review will be in the Bay Area – likely A&P’s office in SF or SV.
`
`Please tell us this week who you intend to have review the code, and provide signed
`Undertakings for any persons who are required to provide them under Sections 6(e)
`and 11(c) of the PO.
`
`Best,
`Sean
`
`From: Shea, Daniel [mailto:DShea@brownrudnick.com]
`Sent: Thursday, November 01, 2018 8:27 AM
`To: Callagy, Sean M.
`Cc: AGIS-Lit
`
`

`

`Case 2:17-cv-00514-JRG Document 161-5 Filed 02/13/19 Page 5 of 11 PageID #: 14346
`
`Subject: RE: Google Subpoena - AGIS v Huawei, HTC, LG, ZTE
`
`
`Sean,
`
`Thanks for getting back. We look forward to getting a firm date for a review next
`week.
`
`Where will the code be made available? We'd like to start coordinating logistics on
`our end.
`
`Regards,
`Dan
`
`
`Daniel Shea
`Brown Rudnick LLP
`Seven Times Square
`New York, NY 10036
`T: 212.209.4879
`F: 212.938-2979
`dshea@brownrudnick.com
`www.brownrudnick.com
`Please consider the environment before printing this e-mail
`
`
`From: Callagy, Sean M. [mailto:Sean.Callagy@arnoldporter.com]
`Sent: Wednesday, October 31, 2018 6:32 PM
`To: Shea, Daniel
`Cc: AGIS-Lit
`Subject: RE: Google Subpoena - AGIS v Huawei, HTC, LG, ZTE
`
`Dan,
`
`Thanks for the follow-up. I have been informed that the code should be
`available for review next week – hope to have a date certain for you by the
`end of this week.
`
`Best,
`Sean
`
`From: Shea, Daniel [mailto:DShea@brownrudnick.com]
`Sent: Wednesday, October 31, 2018 11:31 AM
`To: Callagy, Sean M.
`Cc: AGIS-Lit
`Subject: RE: Google Subpoena - AGIS v Huawei, HTC, LG, ZTE
`
`
`

`

`Case 2:17-cv-00514-JRG Document 161-5 Filed 02/13/19 Page 6 of 11 PageID #: 14347
`
`Sean,
`
`This email serves to follow up on my voicemail of earlier today in regard to
`AGIS's subpoena to Google. Despite my many attempts to reach you since
`October 4 I have not received the courtesy of a response. AGIS first
`provided written positions regarding the issues discussed over the phone in
`the email below, on September 29. On October 4, you stated that you would
`revert back once Google "has the opportunity to consider" AGIS's positions.
`It has been nearly 4 weeks, and Google has now had ample time.
`
`Please confirm that Google will produce documents and source code, or
`provide a firm date for such production, by this Friday, November 1. If AGIS
`does not hear back, it intends to move to compel.
`
`Regards,
`Dan
`
`
`
`
`Daniel Shea
`Brown Rudnick LLP
`Seven Times Square
`New York, NY 10036
`T: 212.209.4879
`F: 212.938-2979
`dshea@brownrudnick.com
`www.brownrudnick.com
`Please consider the environment before printing this e-mail
`
`
`From: Shea, Daniel
`Sent: Thursday, October 18, 2018 2:03 PM
`To: Callagy, Sean M.
`Cc: AGIS-Lit
`Subject: RE: Google Subpoena - AGIS v Huawei, HTC, LG, ZTE
`
`Sean,
`
`Please provide an update today on Google's production in response
`to the subpoenas. As stated below and on my voicemail, I am
`available to discuss should you have any questions. Thanks.
`
`Dan
`
`
`Daniel Shea
`
`

`

`Case 2:17-cv-00514-JRG Document 161-5 Filed 02/13/19 Page 7 of 11 PageID #: 14348
`
`Brown Rudnick LLP
`Seven Times Square
`New York, NY 10036
`T: 212.209.4879
`F: 212.938-2979
`dshea@brownrudnick.com
`www.brownrudnick.com
`Please consider the environment before printing this e-mail
`
`From: Shea, Daniel
`Sent: Tuesday, October 16, 2018 1:05 PM
`To: Callagy, Sean M.
`Cc: AGIS-Lit
`Subject: Re: Google Subpoena - AGIS v Huawei, HTC, LG, ZTE
`
`Sean,
`
`Please provide an update on the status of these subpoenas. Please
`also advise when Google plans to begin production of documents
`and source code. I am generally available this week if you would like
`to discuss.
`
`Thank you,
`Dan
`
`On Oct 4, 2018, at 7:23 PM, Callagy, Sean M.
`<Sean.Callagy@arnoldporter.com> wrote:
`
`Dan,
`
`Thanks for sending this. I’ve been out of town recently
`so am now turning back to these issues.
`
`It is not accurate to say that “Google agreed” to
`produce certain of the materials you list below. As I
`explained first to you and then to Vincent, we needed
`clarity in writing from you as to the scope of your
`requests so Google could understand precisely what
`AGIS was seeking, why it believed such materials were
`relevant in light of AGIS’ prior statements, and why
`AGIS could not obtain such materials from the
`defendants. It seems I now have your positions as to
`the bulk of these matters and will revert to you once
`Google has the opportunity to consider them.
`
`Best regards,
`Sean
`
`From: Shea, Daniel [mailto:DShea@brownrudnick.com]
`
`

`

`Case 2:17-cv-00514-JRG Document 161-5 Filed 02/13/19 Page 8 of 11 PageID #: 14349
`
`Sent: Saturday, September 29, 2018 1:53 PM
`To: Callagy, Sean M.
`Cc: AGIS-Lit
`Subject: Google Subpoena - AGIS v Huawei, HTC, LG,
`ZTE
`
`
`Sean,
`
`I believe this summarizes where we stand with our
`subpoena requests. The below should apply to both
`subpoenas as the topics are the same. If you
`disagree or would like to confer about specific
`topics for the second subpoena (regarding HTC, LG
`and ZTE) please let us know and we can be
`available this week to discuss. Additionally, please
`let us know when Google will make its code
`available.
`
`Regarding Topic 1, as we had discussed, AGIS
`expected to obtain much of this information from
`Huawei, but Huawei has punted to Google. AGIS
`proposes resolution of this matter by narrowing it to
`the following:
`1 – number of phone locates, locks, and
`erases of Android Devices in ADM / Find My
`Device. If possible, specifically for the handset
`manufacturer.
`2 - number of invocations of Share Location
`feature in Google Maps. Number of invitations and
`requests to share location.
`If possible, specifically
`for the handset manufacturer.
`Regarding Topic 2, Google agreed to produce
`documents and information related to downloads by
`user. This encompasses all
`downloads occurring after sale to end users.
`Regarding Topic 3, we discussed whether this
`would be obtainable from the device manufacturers.
`The manufacturers have identified Google. This
`should be easily obtainable by Google because each
`device must be certified with Google to include
`certain applications.
`Regarding Topic 4, AGIS is willing to table this
`topic.
`Regarding Topic 5, AGIS is willing to table this
`topic.
`Regarding Topic 6, counsel for Google will check
`with Google if compliance/certification is on a
`device level, application level or feature level and
`revert.
`
`

`

`Case 2:17-cv-00514-JRG Document 161-5 Filed 02/13/19 Page 9 of 11 PageID #: 14350
`
`Regarding Topic 7, AGIS is willing to table this
`topic.
`Regarding Topics 9 and 11, Google agreed to
`produce documents.
`Regarding Topics 8 and 10, Google agreed to
`produce code for the features named in the topic.
`Regarding Topic 12, Google agreed to make
`productions regarding topic 12.
`Regarding Topic 13, Google agreed to make
`productions, at least with regard to the Android
`Devices.
`Regarding Topic 14, Google agreed to make
`productions, at least with regard to the device
`perspective.
`Regarding Topic 15, AGIS agreed to table the
`server-code requests.
`Thank you,
`Dan
`
`<image001.jpg>
`Daniel Shea
`Brown Rudnick LLP
`Seven Times Square
`New York, NY 10036
`T: 212.209.4879
`F: 212.938-2979
`dshea@brownrudnick.com
`www.brownrudnick.com
`Please consider the environment before printing this e-mail
`
`
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`Case 2:17-cv-00514-JRG Document 161-5 Filed 02/13/19 Page 10 of 11 PageID #: 14351
`
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`Case 2:17-cv-00514-JRG Document 161-5 Filed 02/13/19 Page 11 of 11 PageID #: 14352
`
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`are not the intended recipient, please note that any dissemination, distribution, or copying of this communication is
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`___________________________________________
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`intended only for the use of the individual or entity named above. If the recipient of this message is not the above-named
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`statement and summary here which sets out details of the data controller, the personal data we have collected, the purposes
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`
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