Case 2:17-cv-00514-JRG Document 212-4 Filed 02/21/19 Page 1 of 5 PageID #: 18299
`Case 2:17-cv-00514-JRG Document 212-4 Filed 02/21/19 Page 1 of 5 PageID #: 18299
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`EXHIBIT C
`EXHIBIT C
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`Case 2:17-cv-00514-JRG Document 212-4 Filed 02/21/19 Page 2 of 5 PageID #: 18300
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
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`Plaintiff,
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`v.
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`HUAWEI DEVICE USA INC., HUAWEI
`DEVICE CO., LTD. AND HUAWEI
`DEVICE (DONGGUAN) CO., LTD.,
`HTC CORPORATION,
`LG ELECTRONICS INC.,
`APPLE INC.,
`ZTE CORPORATION, ZTE (USA), INC.,
`AND ZTE (TX), INC.,
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`Defendants.
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`Civil Action No. 2:17-CV-513-JRG
`(Lead Case)
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`Civil Action No. 2:17-CV-514-JRG
`Civil Action No. 2:17-CV-515-JRG
`Civil Action No. 2:17-CV-516-JRG
`Civil Action No. 2:17-CV-517-JRG
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`DEFENDANTS’ NOTICE OF DEPOSITION OF
`AGIS SOFTWARE DEVELOPMENT LLC PURSUANT TO RULE 30(B)(6)
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`TO PLAINTIFF AND ITS COUNSEL OF RECORD:
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`PLEASE TAKE NOTICE that, pursuant to Rule 30(b)(6) of the Federal Rules of Civil
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`Procedure, Defendants Huawei Device USA Inc.; Huawei Device Co., Ltd.; Huawei Device
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`(Dongguan) Co., Ltd.; LG Electronics, Inc.; HTC Corporation; Apple Inc.; ZTE (TX) Inc.; and
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`ZTE (USA) Inc. (collectively, “Defendants”), by and through undersigned counsel, will take the
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`deposition upon oral examination of Plaintiff AGIS Software Development LLC (“AGIS”) on the
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`topics listed below.
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`The deposition will begin at 9:00 a.m. on September 10, 2018 at Phillips Point, East Tower,
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`777 S. Flagler Drive, Suite 1000, West Palm Beach, Florida 33401 or at a mutually-agreed time
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`and place and will continue from day to day until completed or at such other date and time that are
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`mutually agreeable to the parties. The deposition will take place before an officer duly authorized
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`Case 2:17-cv-00514-JRG Document 212-4 Filed 02/21/19 Page 3 of 5 PageID #: 18301
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`“agreement” shall encompass completed, actual, contemplated, or attempted agreements or
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`renewals of agreements.
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`26.
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`The terms “relate to,” “reflecting,” “relating to,” or “concerning” or any variations
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`thereof, shall mean relating to, referring to, concerning, mentioning, reflecting, regarding,
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`pertaining to, evidencing, involving, describing, discussing, commenting on, embodying,
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`responding to, supporting, contradicting, or constituting (in whole or in part), or are between (as
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`in the context of communications), as the context makes appropriate.
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`27.
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`“And” and “or” shall be construed either disjunctively or conjunctively as necessary
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`to bring within the scope of each Topic all testimony that might otherwise be construed outside
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`the scope.
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`28.
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`29.
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`30.
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`31.
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`32.
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`“Any” shall include “all” and “All” shall include “any.”
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`The term “including” shall mean “including without limitation.”
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`The use of the singular form of any word includes the plural and vice versa.
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`The use of any tense of any word includes all other tenses.
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`Definitions or usages of words or phrases in these Topics are not intended to be,
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`and shall not be, construed as admissions as to the meaning of words or phrases at issue in the
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`action, and shall have no binding effect on Defendants in this or in any other proceeding.
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`TOPICS
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`1.
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`The current and former composition, ownership, corporate structure and operation
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`of AGIS and AGIS Related Entities, including without limitation, facts concerning the creation,
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`funding, and operation of AGIS and AGIS Related Entities, an identification of the directors,
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`officers, and employees of AGIS and AGIS Related Entities, the positions, titles and interests of
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`those individuals in AGIS and AGIS Related Entities, and the identity of all persons and entities
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`Case 2:17-cv-00514-JRG Document 212-4 Filed 02/21/19 Page 4 of 5 PageID #: 18302
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`with any interest in any damages award or other relief that AGIS and AGIS Related Entities may
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`obtain as a result of this Action.
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`2.
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`The relationship between AGIS and AGIS Related Entities, including but not
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`limited to the custody and control of documents as between AGIS and AGIS Related Entities.
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`3.
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`AGIS’s revenues, expenses, and profits, including but not limited to revenues
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`earned by AGIS that may be attributed to the Patents-in-Suit or Related Patents.
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`4.
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`AGIS Related Entities’ revenues, expenses, and profits, including but not limited
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`to revenues earned by AGIS that may be attributed to the Patents-in Suit or Related Patents.
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`5.
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`All facts and circumstances surrounding any offers, requests, discussion, and/or
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`negotiations to provide a license to the Patents-in-Suit and/or Related Patents, including without
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`limitation the identity of each Person who participated on behalf of AGIS and/or AGIS Related
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`Entities; the dates of such offers, requests, discussions, or negotiations; the patent claim(s) at issue;
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`the outcome or pending status of the offer, discussion or negotiation and the date of any resulting
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`license(s); the terms of any resulting license(s); and the monthly royalties or any other money
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`received from any such license(s).
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`6.
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`The identity of each individual or entity that has entered into any patent license,
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`cross license, portfolio license, settlement, or similar agreement, including without limitation
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`covenants not to sue, indemnification agreements, or agreements not to assert, involving, in whole
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`or in part, the Patents-in-Suit, Related Patents, or technology allegedly covered by the Patents-in-
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`Suit or Related Patents, as well as the effective date and terms of any such patent license, cross
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`license settlement, or similar agreement.
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`7.
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`8.
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`Any product sold under or authorized by any license to the Patents-in-Suit.
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`AGIS’s policies, practices, and/or customs relating to patent licensing.
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`Case 2:17-cv-00514-JRG Document 212-4 Filed 02/21/19 Page 5 of 5 PageID #: 18303
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`9.
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`10.
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`Projected royalty rates and/or royalties from future licensing of the Patents-in-Suit.
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`Any evidence that the inclusion of any feature allegedly infringing the Patents-in-
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`Suit has led to increased demand for the allegedly infringing products.
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`11.
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`12.
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`The assignment of any rights to the Patents-in-Suit.
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`All facts and circumstances surrounding any offers, requests, discussion, and/or
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`negotiations to provide an interest in one or more of the Patents-in-Suit, including without
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`limitation the identity of each person who participated on behalf of AGIS or AGIS Related Entities;
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`the dates of such offers, requests, discussions, or negotiations; the patent claim(s) at issue; the
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`outcome or pending status of the offer, discussion or negotiation and the date of any resulting
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`interest(s); the terms of any resulting interest(s); and the monthly royalties or any other money
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`received from any such interest(s).
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`13.
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`The ownership of each of the Patents-in-Suit and Related Patents, from
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`application of the patent to the present day, including without limitation any person or entity
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`within the chain of title, any person or entity who has or has ever had any ownership, title, right,
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`option, or interest in the Patents-in-Suit or Related Patents.
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`14.
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`Any valuation of AGIS, AGIS Related Entities, the Patents-in Suit, and/or any
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`Related Patents.
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`15.
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`Any and all sales, offers to sell, or attempts to sell any product AGIS contends
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`embodies the claims of the Patents-in-Suit or Related Patents, including the dates, parties, and
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`amounts of such sales, offers to sell, or attempts to sell.
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`16.
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`The marketing and promotion efforts regarding features, performance, attributes,
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`or characteristics of each product, device, and/or service that AGIS contends embodies or has ever
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`embodied the subject matter of any Asserted Claim.
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