`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 1 of 21 PageID #: 3148
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`EXHIBIT A
`EXHIBIT A
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`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 2 of 21 PageID #: 3149
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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
`
`Plaintiff,
`
`v.
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`HUAWEI DEVICE USA INC., ET AL.,
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`Defendants.
`
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`AGIS SOFTWARE DEVELOPMENT, LLC
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`
`
`
`
`Plaintiff,
`
`v.
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`LG ELECTRONICS, INC.,
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`Defendants.
`
`
`
`Case No. 2:17-CV-0513-JRG
`(LEAD CASE)
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`JURY TRIAL DEMANDED
`
`Case No. 2:17-CV-0515-JRG
`(CONSOLIDATED CASE)
`
`JURY TRIAL DEMANDED
`
`CONFIDENTIAL ATTORNEYS’ EYES
`ONLY
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`LG ELECTRONICS, INC.’S OBJECTIONS AND RESPONSES TO
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT, LLC’S
`FIRST SET OF INTERROGATORIES (NOS. 1-10)
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`Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, Defendant LG
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`Electronics, Inc. (“LGEKR” or “Defendant”) by its attorneys hereby provides responses and
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`objections to Plaintiff AGIS Software Development LLC’s (“AGIS”) First Set of Interrogatories
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`(Nos. 1-10) (the “Request” or “Interrogatories”).
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`PRELIMINARY STATEMENT
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`These responses, while based on diligent investigation by LGEKR and its counsel, reflect
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`only the current status of LGEKR’s knowledge regarding the subjects and information about
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`which inquiry has been made. LGEKR may not yet fully understand the significance of certain
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`1
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`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 3 of 21 PageID #: 3150
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`information, or facts, has not yet discovered all information, facts and documents pertinent to
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`this action, and has not yet identified or located all persons with knowledge or pertinent
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`information, facts or documents. LGEKR will continue to assess and analyze the facts and
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`gather and review evidence in connection with this action up to the time of trial.
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`Therefore, these responses are neither intended as, nor shall in any way be deemed, an
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`admission or representation that further information or documents relevant to this Request do not
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`exist. As this action proceeds, LGEKR will discover further documents, facts and other
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`information. Without in any way obligating itself to do so, LGEKR reserves the right to modify
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`or supplement its responses herein with such pertinent documents, facts or other information as
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`subsequently may be discovered. Furthermore, these responses are given without prejudice to
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`LGEKR’s right to use or rely on at any time, including trial, any subsequently discovered
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`information, facts or documents, or information or facts omitted from these responses as a result
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`of mistake, error, oversight or inadvertence. LGEKR further reserves the right to produce
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`additional documents, facts or information at any time, including trial, and to object on
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`appropriate grounds to the introduction into evidence of any portion of these responses.
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`All disclosures made herein are produced strictly pursuant to the stipulated protective
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`order in this case.
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`GENERAL OBJECTIONS
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`Specific objections to Interrogatory Nos. 1-10 are made on an individual basis in the
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`responses below. In addition to these specific objections, LGEKR makes the following General
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`Objections to AGIS’s Interrogatory Nos. 1-10, including without limitation the instructions and
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`definitions set forth therein. These General Objections are hereby incorporated by reference into
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`the responses to Interrogatory Nos. 1-10. For particular emphasis, LGEKR has, from time to
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`2
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`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 4 of 21 PageID #: 3151
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`time, expressly included one or more of the General Objections in certain of its responses below.
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`LGEKR’s response to Interrogatory Nos. 1-10 is submitted without prejudice to, and without in
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`any respect waiving, any General Objections not expressly set forth in a specific response.
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`Accordingly, the inclusion of any specific objection in response to an interrogatory below is
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`neither intended as, nor shall in any way be deemed to be, a waiver of any General Objection or
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`of any other specific objection that may be asserted at a later date. In addition, the failure to
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`include at this time any General or specific objection to an interrogatory is neither intended as,
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`nor shall in any way be deemed, a waiver of LGEKR’s right to assert that or any other objection
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`at a later date.
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`1.
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`LGEKR objects to the Interrogatories to the extent they call for the disclosure of
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`information or the production of documents that are shielded from discovery by attorney-client
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`privilege, the work product doctrine, or any related joint defense or common interest privilege,
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`privileges applicable to settlement materials or documents or information which constitute trial
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`preparation materials, or any other applicable privilege (collectively, “Privileged Information”).
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`Any statement herein to the effect that LGEKR will provide information in response to an
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`interrogatory is limited to information that does not fall within the scope of any Privileged
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`Information.
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`2.
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`LGEKR objects to the production of any information or documents to the extent
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`they include confidential, proprietary, trade secret, private or financial information that is
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`protected from disclosure by any applicable trade secret or privacy statute or law. LGEKR will
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`only provide such information pursuant to the confidentiality protections embodied in the
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`Federal Rules of Civil Procedure and the terms of the protective order entered in this action, and
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`3
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`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 5 of 21 PageID #: 3152
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`to the extent applicable, with the consent of any third party that may claim confidentiality rights
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`with respect to information responsive to the interrogatory request.
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`3.
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`LGEKR objects to the definition of “LG,” “Defendant,” “You,” and “Your” as
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`overly broad and unduly burdensome to the extent it includes all predecessors-in-interest,
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`successors in-interest, parents, subsidiaries, affiliates, and entities acting in joint venture,
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`licensing or partnership relationships with any of the defendants in any country. LGEKR
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`understands this term to mean LG Electronics, Inc. as the named defendant in the above-
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`captioned action.
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`4.
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`LGEKR objects to the definition of “LG Accused Products” as overly broad and
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`unduly burdensome to the extent it includes products made, used, sold, offered for sale, or
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`imported into the United States by entities other than LG Electronics, Inc. LGEKR objects to the
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`definition of “LG Accused Products” as vague and ambiguous insofar as it is defined to include
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`products “that incorporate technology as defined and alleged in AGIS’s complaints, infringement
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`contentions, initial disclosures, and expert reports.” LGEKR further objects to the definition of
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`“LG Accused Products” as overly broad to the extent that it includes any products or devices
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`accused of infringing any patent later asserted by Plaintiff in this Action. LGEKR understands
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`this term to mean only those specific products made, used, sold, offered for sale, or imported into
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`the United States by LG Electronics, Inc. among those identified by AGIS in its Infringement
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`Contentions, and that include the Android-based applications or software identified in Plaintiff’s
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`Infringement Contentions that allow users to utilize forced message alerts or to form groups with
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`other users such that users may view each other’s locations on a map and engage in
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`communication.
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`4
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`5.
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`LGEKR objects to the definition of “Person(s)” as overly broad to the extent that
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`it includes other persons or entities outside of the Person’s control. In responding to the
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`interrogatories, LGEKR understands this term to mean only the persons or entities within the
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`Person’s control, and with respect to such other persons or entities within the Person’s control,
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`LGEKR shall only provide relevant information that is accessible by means of the business
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`relationship with the Person(s).
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`6.
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`LGEKR objects to Interrogatory Nos. 1-10 to the extent they are overly broad,
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`unduly burdensome, or seek information that is not relevant to any party’s claim or defense or
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`not proportional to the needs of the case.
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`7.
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`LGEKR objects to Interrogatory Nos. 1-10 to the extent they are vague,
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`ambiguous, and use unlimited, undefined, subjective, or open-ended terms or phrases.
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`8.
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`LGEKR objects to Interrogatory Nos. 1-10 to the extent that they are unlimited in
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`time, including to the extent that they seek information beyond the limitations period applicable
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`to Plaintiff’s claims.
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`9.
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`LGEKR objects to Interrogatory Nos. 1-10 to the extent that the purported benefit
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`of the discovery sought by Interrogatory Nos. 1-10 is outweighed by the burden and expense of
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`responding to the interrogatory pursuant to Rules 26(b)(1) and 26(b)(2) of the Federal Rules of
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`Civil Procedure.
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`10.
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`LGEKR objects to Interrogatory Nos. 1-10 to the extent they attempt to impose
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`burdens on LGEKR inconsistent with, or in excess of, the requirements of the Federal Rules of
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`Civil Procedures and/or the Local Rules of the Eastern District of Texas.
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`11.
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`LGEKR objects to the Interrogatories to the extent they call for information
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`already in the possession of or equally accessible to AGIS.
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`5
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`12.
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`LGEKR objects to the Interrogatories to the extent they seek information that is
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`not in the possession, custody, or control of LGEKR, and/or purport to call for any description of
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`documents that LGEKR no longer possesses and/or was under no obligation to maintain. With
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`respect to documents that were but are no longer in LGEKR’s possession, custody or control,
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`LGEKR objects to the Interrogatories to the extent that they seek a description of the
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`circumstances of such loss or destruction of the documents and any efforts to recover such
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`documents.
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`13.
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`LGEKR objects to the Interrogatories to the extent that they, including their
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`subparts, exceed the number of interrogatories that a party is permitted to propound under the
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`Discovery Order in this action.
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`14.
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`LGEKR objects to the Interrogatories as overly burdensome to the extent they
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`impose requirements for the production of documents beyond LGEKR’s obligations under the
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`Federal Rules of Civil Procedure, the Local Civil Rules of the United States District Court for
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`the Eastern District of Texas, and/or the Court’s orders. In responding to the Interrogatories,
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`LGEKR will produce any documents in accordance with Federal Rule of Civil Procedure 33(d).
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`INTERROGATORY NO. 1:
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`INTERROGATORIES
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`Identify all LG Accused Products sold to customers and made available for purchase by
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`customers in the United States from January 2011 to the present, providing at least the following
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`information: (i) the internal and external name(s) and model number(s) of the LG Accused
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`Products; (ii) each Entity to whom the LG Accused Products were offered for sale or sold, and
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`(iii) the supplier of each LG Accused Product and components thereof, as well as an
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`identification of which components are supplied by each supplier.
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`6
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`RESPONSE TO INTERROGATORY NO. 1:
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`LGEKR incorporates by reference its General Objections as if fully set forth herein.
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`First, LGEKR objects that this interrogatory is overly broad and unduly burdensome to the extent
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`that “LG Accused Products” includes products made, used, sold, offered for sale, or imported
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`into the United States by entities other than LG Electronics, Inc. LGEKR objects that this
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`interrogatory is vague and ambiguous to the extent that “LG Accused Products” is defined to
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`include products “that incorporate technology as defined and alleged in AGIS’s complaints,
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`infringement contentions, initial disclosures, and expert reports.” Second, LGEKR objects that
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`the specified time period for this interrogatory is overly broad, unduly burdensome, and seeks
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`information that is neither relevant to any party’s claims or defenses nor proportional to the
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`needs of the case. Third, LGEKR objects to this interrogatory as overly broad and unduly
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`burdensome in asking LGEKR to detail “each” Entity to whom the LG Accused Products were
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`offered for sale or sold. Fourth, LGEKR objects to this interrogatory as overly broad and unduly
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`burdensome in asking LGEKR to identify the supplier of each LG Accused Product and
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`components thereof, including, without limitation, components that have no relevance to
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`Plaintiff’s claims of infringement. Fifth, LGEKR objects to this interrogatory to the extent it
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`calls for the production of confidential, proprietary, or trade secret information that is protected
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`from disclosure by any applicable trade secret or privacy statute or law or confidentiality
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`agreement.
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`Subject to and without waiving the foregoing General and specific objections, LGEKR
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`responds as follows: LGEKR will produce documents pursuant to Fed. R. Civ. Proc. 33(d)
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`identifying the internal and external name and model numbers of the LG Accused Products (as
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`defined by LGEKR) that were sold to customers and made available for purchase by customers
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`7
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`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 9 of 21 PageID #: 3156
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`in the United States from July 21, 2011 (or 6 years from the date of the Complaint) to date. The
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`LG Accused Products were imported into the United States by LG Electronics MobileComm
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`U.S.A., Inc. (“LGEMU”). LGEKR obtains the Android OS installed on the LG Accused
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`Products from Google, who also provides certain Android OS applications, including the
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`functionality within the applications identified on a claim-by-claim basis in Plaintiff’s
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`Infringement Contentions.
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`INTERROGATORY NO. 2:
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`For each LG Accused Products sold to customers and made available for purchase by
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`customers in the United States from January 2011 to the present, providing at least the following
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`information: (i) the identity, including the version number, of all applications installed on the
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`Accused Product including but not limited to: Android Device Manager, Find My Device,
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`Google Latitude, Google Plus, Google Hangouts, Google Maps, Google Assistant, Google
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`Search, Google Messages, Android Messenger, Google Allo, Google Duo, GMail, and Google
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`Chrome (ii) the identify, including the version number, of each of the applications identified
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`above that are supported by the Accused Products, or that may be installed by a user of the
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`Accused Products.
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`RESPONSE TO INTERROGATORY NO. 2:
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`LGEKR incorporates by reference its General Objections as if fully set forth herein.
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`First, LGEKR objects that this interrogatory is overly broad and unduly burdensome to the extent
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`that “LG Accused Products” includes products made, used, sold, offered for sale, or imported
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`into the United States by entities other than LG Electronics, Inc. LGEKR objects that this
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`interrogatory is vague and ambiguous to the extent that “LG Accused Products” is defined to
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`include products “that incorporate technology as defined and alleged in AGIS’s complaints,
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`8
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`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 10 of 21 PageID #: 3157
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`infringement contentions, initial disclosures, and expert reports.” Second, LGEKR objects that
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`the specified time period for this interrogatory is overly broad, unduly burdensome, and seeks
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`information that is neither relevant to any party’s claims or defenses nor proportional to the
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`needs of the case. Third, LGEKR objects that this interrogatory is overly broad and unduly
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`burdensome to the extent that it seeks information pertaining to “all applications installed on the
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`Accused Product.” Fourth, LGEKR objects that Interrogatory No. 2, subpart (ii) is redundant
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`because Interrogatory No. 2, subpart (i) already limited the scope of the identified applications to
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`those that are supported by the Accused Products. Fifth, LGEKR objects that this interrogatory
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`is overly broad and unduly burdensome to the extent that it seeks information regarding third
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`party software and the actions of third party consumers that is outside of LGEKR’s possession,
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`custody or control. Sixth, LGEKR objects to this Interrogatory to the extent it calls for the
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`production of confidential, proprietary, or trade secret information that is protected from
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`disclosure by any applicable trade secret or privacy statute or law or confidentiality agreement.
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`Subject to and without waiving the foregoing General and specific objections, LGEKR
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`responds as follows: LGEKR will produce documents pursuant to Fed. R. Civ. Proc. 33(d)
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`identifying for each of the LG Accused Products (as defined by LGEKR) sold to customers and
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`made available for purchase by customers in the United States from July 21, 2011 to date,
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`information regarding the identity of the accused applications installed on the LG Accused
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`Product with functionality that is specifically identified on a claim-by-claim basis in AGIS’s
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`Preliminary Infringement Contentions.
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`INTERROGATORY NO. 3:
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`Identify all smartphone and tablet products sold by LG to customers and/or made
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`available for purchase by customers in the United States from January 2011 to the present that
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`9
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`include a touch screen and utilize the Android Operating System, providing at least the following
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`information: (i) the internal and external name(s) and model number(s) of the product; (ii) the
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`time of first sale of each product.
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`RESPONSE TO INTERROGATORY NO. 3:
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`LGEKR incorporates by reference its General Objections as if fully set forth herein.
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`LGEKR objects to this interrogatory as overly broad, unduly burdensome, and irrelevant because
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`it seeks information not relevant to the Patents-in-Suit or any claim or defense of any party in
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`this action. To the extent that it is relevant, it is redundant of Interrogatory No. 1 and therefore a
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`separate response is not required. LGEKR refers Plaintiff to LGEKR’s responses and objections
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`to Interrogatory No. 1 and incorporates them by reference as if fully set forth herein.
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`INTERROGATORY NO. 4:
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`For each LG Accused Product, state the total number of systems, units, or components
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`purchased or acquired from each supplier thereof, the cost of purchasing or acquiring such
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`systems, units, or components, the price associated with purchasing or acquiring such systems,
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`units, or components, and identify all documents related thereto and the three (3) persons most
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`knowledgeable of the foregoing.
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`RESPONSE TO INTERROGATORY NO. 4:
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`LGEKR incorporates by reference its General Objections as if fully set forth herein.
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`LGEKR objects to this interrogatory as overly broad, unduly burdensome, and irrelevant because
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`it seeks information regarding systems, units, or components of the LG Accused Product not
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`relevant to the Patents-in-Suit or any claim or defense of any party in this action.
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`INTERROGATORY NO. 5:
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`For each LG Accused Product, identify: (i) each Entity involved with the design,
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`10
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`development, testing, manufacture, assembly, marketing, offer for sale, sale, distribution, and
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`importation of the LG Accused Product; (ii) a description of the functions of each Entity
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`identified in (i); (iii) each location where the design, development, testing, manufacture,
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`assembly, marketing, offer for sale, sale, distribution, and importation took place, and (iv) the
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`three Person(s) (employed by Defendants or otherwise) most knowledgeable about the design,
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`development, testing, manufacture, assembly, marketing, offer for sale, sale, distribution, and
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`importation.
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`RESPONSE TO INTERROGATORY NO. 5:
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`LGEKR incorporates by reference its General Objections as if fully set forth herein.
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`First, LGEKR objects that this interrogatory is overly broad and unduly burdensome to the extent
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`that “LG Accused Products” includes products made, used, sold, offered for sale, or imported
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`into the United States by entities other than LG Electronics, Inc. LGEKR objects that this
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`interrogatory is vague and ambiguous to the extent that “LG Accused Products” is defined to
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`include products “that incorporate technology as defined and alleged in AGIS’s complaints,
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`infringement contentions, initial disclosures, and expert reports.” Second, LGEKR objects to the
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`extent that the interrogatory fails to specify a relevant time period. Third, LGEKR objects to this
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`interrogatory to the extent it calls for the production of confidential, proprietary, or trade secret
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`information that is protected from disclosure by any applicable trade secret or privacy statute or
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`law or confidentiality agreement.
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`Subject to and without waiving the foregoing General and specific objections, LGEKR
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`responds as follows: LGEKR designs, engineers, sources components, and manufactures the LG
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`Accused Products outside the United States, mostly in South Korea. LGEKR obtains the
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`Android OS from the Android Open Source Project (“AOSP”), which is led by Google. LGEKR
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`11
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`performs any integration and/or modification tasks related to the standard operating procedure
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`set out by Google for the Android OS, including any pre-installation of Google-provided
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`Android applications that occurs during the manufacturing process, into the LG Accused
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`Products outside the United States. Google is headquartered in Northern California, and the
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`personnel responsible for the accused functionality set forth in Plaintiff’s Infringement
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`Contentions are located in and around California, as set forth in Case No. 2:17-cv-00513, D.I.
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`36-4, D.I. 36-5, and D.I. 36-6, the substance therein of which, in relevant part, is incorporated
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`herein by reference. LGEMU (including LG Electronics MobileResearch U.S.A., Inc.
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`(“LGEMR”)) is the only entity that imports, tests (including through LGEMR), performs quality
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`management on, markets, offers for sale, and sells the LG Accused Products in the United States.
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`LGEMU and LGEMR are California companies with large offices throughout California.
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`The three Person(s) most knowledgeable about the design, development, testing,
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`manufacture, assembly, marketing, offer for sale, sale, distribution, and importation are the
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`following:
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`Name
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`Title
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`Address
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`Cecilia Son
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`Director, Partner
`Engineering, LG
`Electronics Mobile
`Research U.S.A.,
`Inc. (“LGEMR”)
`
`5150 Great
`America Parkway
`Santa Clara, CA
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`Jaehong Pak
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`Chief Research
`Engineer, LG
`Electronics, Inc.
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`10, Magokjungang
`10-ro, Gangseo-gu,
`Seoul, Korea
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`Google witnesses
`identified in D.I. 36-
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`12
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`Summary of Relevant
`Facts Likely to be
`Known
`Ms. Son and her team
`have knowledge regarding
`Android OS certification
`for the accused LG
`devices, and
`communications with
`Google LLC regarding
`that certification.
`Has knowledge regarding
`the installation of the
`accused Google
`applications on the
`accused LG devices.
`On information and belief,
`the witnesses have
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`4, D.I. 36-5, and D.I.
`36-6.
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`INTERROGATORY NO. 6:
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`knowledge regarding the
`accused functionality
`identified in Plaintiff’s
`Infringement Contentions
`for the Google
`applications
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`For each LG Accused Product, state the number of units sold, as well as (in U.S. dollars)
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`the gross revenue, net profits, profit margins, fixed and variable costs, average cost per unit and
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`transfer pricing on a quarterly basis from January 2011 to the present, and set forth all bases for
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`your response.
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`RESPONSE TO INTERROGATORY NO. 6:
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`LGEKR incorporates by reference its General Objections as if fully set forth herein.
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`First, LGEKR objects that this interrogatory is overly broad and unduly burdensome to the extent
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`that “LG Accused Products” includes products made, used, sold, offered for sale, or imported
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`into the United States by entities other than LG Electronics, Inc. LGEKR objects that this
`
`interrogatory is vague and ambiguous to the extent that “LG Accused Products” is defined to
`
`include products “that incorporate technology as defined and alleged in AGIS’s complaints,
`
`infringement contentions, initial disclosures, and expert reports.” Second, LGEKR objects that
`
`the specified time period for this interrogatory is overly broad, unduly burdensome, and seeks
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`information that is neither relevant to any party’s claims or defenses nor proportional to the
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`needs of the case. Third, LGEKR objects to this interrogatory to the extent that it seeks financial
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`information unknown to LGEKR or that is not within LGEKR’s possession, custody, or control.
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`In responding to this interrogatory, LGEKR shall not undertake the burden and expense of
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`attempting to provide financial metrics and documents that it does not maintain in the ordinary
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`13
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`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 15 of 21 PageID #: 3162
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`course of business. Fourth, LGEKR objects to this interrogatory to the extent it calls for the
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`production of confidential, proprietary, or trade secret information that is protected from
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`disclosure by any applicable trade secret or privacy statute or law or confidentiality agreement.
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`Subject to the foregoing general and specific objections, LGEKR responds as follows:
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`LGEKR will conduct a reasonable search for and produce relevant financial metrics pursuant to
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`Fed. R. Civ. Proc. 33(d) for the LG Accused Products (as defined by LGEKR) for the period
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`from July 21, 2011 to date, for sales of the LG Accused Products in the United States, to the
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`extent that any such documents are kept in the ordinary course of business.
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`INTERROGATORY NO. 7:
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`Identify: (i) any agreements, licenses, or contracts, including attachments or exhibits to
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`those documents, relating to any LG Accused Product, and (ii) the Person(s) most
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`knowledgeable concerning any such agreements, licenses, or contracts, and attachments or
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`exhibits to those documents.
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`RESPONSE TO INTERROGATORY NO. 7:
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`LGEKR incorporates by reference its General Objections as if fully set forth herein.
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`LGEKR objects that this interrogatory is overly broad, unduly burdensome, and seeks
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`information that is neither relevant to any party’s claims or defenses nor proportional to the
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`needs of the case to the extent that it seeks agreements, licenses, or contracts relating to any LG
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`Accused Product. LGEKR further objects to the extent this interrogatory seeks Privileged
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`Information. Moreover, LGEKR objects to this interrogatory to the extent it calls for the
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`production of confidential, proprietary, or trade secret information that is protected from
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`disclosure by any applicable trade secret or privacy statute or law or confidentiality agreement.
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`Subject to the foregoing general and specific objections, LGEKR responds as follows:
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`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 16 of 21 PageID #: 3163
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`LGEKR will produce pursuant to Fed. R. Civ. Proc. 33(d) executed agreements, licenses, or
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`contracts with Google that relate to the functions implemented by the accused applications or
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`software identified in AGIS’s Preliminary Infringement Contentions, to the extent they exist and
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`subject to any confidentiality and production restrictions. As discovery is just commencing and
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`LGEKR’s investigation is ongoing, LGEKR will supplement this response with an identification
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`of the individual most knowledgeable about any such agreements, licenses, or contracts with
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`Google that relate to the functionality implemented by the accused applications or software as
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`identified in Plaintiff’s Infringement Contentions.
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`INTERROGATORY NO. 8:
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`Explain in detail all factual and legal bases for any contention by you that Defendants
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`have not infringed the Asserted Patents, including without limitation the identification of (i) each
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`claim element of the Asserted Patents that you allegedly do not practice; (ii) all documents,
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`circumstances, or other information that supports each contention that you do not practice a
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`claim element; (iii) the Person(s) knowledgeable with respect to any such contention; and (iv)
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`any documents, things, persons and/or witnesses that Defendants intend to rely on to support
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`such a contention.
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`RESPONSE TO INTERROGATORY NO. 8:
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`LGEKR incorporates by reference its General Objections as if fully set forth herein.
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`First, LGEKR objects to this interrogatory as premature since the parties’ respective positions on
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`the construction of various claim elements, limitations, and terms are not yet known. Second,
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`LGEKR objects to this interrogatory as premature because discovery has just commenced and
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`the interrogatory seeks to elicit expert testimony prior to the date to be provided in the case
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`schedule. Third, LGEKR further objects to the extent this interrogatory seeks Privileged
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`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 17 of 21 PageID #: 3164
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`Information. Fourth, LGEKR objects that this interrogatory is overbroad and unduly
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`burdensome in seeking “all documents, circumstances, or other information that supports each
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`contention that you do not practice a claim element,” when a smaller subset of information
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`and/or documents would be sufficient. Fifth, LGEKR objects to this interrogatory to the extent it
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`calls for the production of confidential, proprietary, or trade secret information that is protected
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`from disclosure by any applicable trade secret or privacy statute or law or confidentiality
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`agreement. No further response from LGEKR is needed at this time.
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`INTERROGATORY NO. 9:
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`Identify the dates and circumstances under which you first became aware of the Asserted
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`Patents, the patent applications of the Asserted Patents, and any Related Patent Applications,
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`including but not limited to: (i) a description of when and how you first became aware of the
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`Asserted Patents (including awareness through reference or citation to the Asserted Patents), the
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`patent applications of the Asserted Patents, and any Related Patent Applications; (ii) an
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`identification of those Persons who first became aware of the Asserted Patents, the patent
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`applications of the Asserted Patents, and any Related Patent Applications; and (iii) a description
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`of the actions taken by Defendants in response to becoming aware of the Asserted Patents, the
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`patent applications of the Asserted Patents, and any Related Patent Applications.
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`RESPONSE TO INTERROGATORY NO. 9:
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`LGEKR incorporates by reference its General Objections as if fully set forth herein.
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`First, LGEKR objects to this interrogatory as unduly burdensome to the extent that it would
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`require LGEKR, a large multinational company, to inquire into the knowledge of thousands of
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`officers, directors, trustees, employees, agents, consultants, attorneys and patent agents. Second,
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`LGEKR objects to this interrogatory to the extent that it seeks information about awareness of
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`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 18 of 21 PageID #: 3165
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`“Related Patent Applications” because Related Patent Applications are not relevant to any
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`party’s claim or defense in this case. Third, LGEKR objects to this interrogatory to the extent it
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`is premature in that discovery is ongoing. LGEKR has not completed its investigation of the
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`facts related to this case. Fourth, LGEKR further objects to the extent this interrogatory seeks
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`Privileged Information. Fifth, LGEKR objects to this interrogatory to the extent it calls for the
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`production of confidential, proprietary, or trade secret information that is protected from
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`disclosure by any applicable trade secret or privacy statute or law or confidentiality agreement.
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`Subject to the foregoing general and specific objections, LGE