throbber
Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 1 of 21 PageID #: 3148
`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 1 of 21 PageID #: 3148
`
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`
`
`
`
`

`

`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 2 of 21 PageID #: 3149
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT, LLC
`
`Plaintiff,
`
`v.
`
`HUAWEI DEVICE USA INC., ET AL.,
`
`Defendants.
`
`
`AGIS SOFTWARE DEVELOPMENT, LLC
`
`
`
`
`
`Plaintiff,
`
`v.
`
`LG ELECTRONICS, INC.,
`
`Defendants.
`
`
`
`Case No. 2:17-CV-0513-JRG
`(LEAD CASE)
`
`JURY TRIAL DEMANDED
`
`Case No. 2:17-CV-0515-JRG
`(CONSOLIDATED CASE)
`
`JURY TRIAL DEMANDED
`
`CONFIDENTIAL ATTORNEYS’ EYES
`ONLY
`
`LG ELECTRONICS, INC.’S OBJECTIONS AND RESPONSES TO
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT, LLC’S
`FIRST SET OF INTERROGATORIES (NOS. 1-10)
`
`Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, Defendant LG
`
`Electronics, Inc. (“LGEKR” or “Defendant”) by its attorneys hereby provides responses and
`
`objections to Plaintiff AGIS Software Development LLC’s (“AGIS”) First Set of Interrogatories
`
`(Nos. 1-10) (the “Request” or “Interrogatories”).
`
`PRELIMINARY STATEMENT
`
`These responses, while based on diligent investigation by LGEKR and its counsel, reflect
`
`only the current status of LGEKR’s knowledge regarding the subjects and information about
`
`which inquiry has been made. LGEKR may not yet fully understand the significance of certain
`
`
`
`1
`
`

`

`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
`
`this action, and has not yet identified or located all persons with knowledge or pertinent
`
`information, facts or documents. LGEKR will continue to assess and analyze the facts and
`
`gather and review evidence in connection with this action up to the time of trial.
`
`Therefore, these responses are neither intended as, nor shall in any way be deemed, an
`
`admission or representation that further information or documents relevant to this Request do not
`
`exist. As this action proceeds, LGEKR will discover further documents, facts and other
`
`information. Without in any way obligating itself to do so, LGEKR reserves the right to modify
`
`or supplement its responses herein with such pertinent documents, facts or other information as
`
`subsequently may be discovered. Furthermore, these responses are given without prejudice to
`
`LGEKR’s right to use or rely on at any time, including trial, any subsequently discovered
`
`information, facts or documents, or information or facts omitted from these responses as a result
`
`of mistake, error, oversight or inadvertence. LGEKR further reserves the right to produce
`
`additional documents, facts or information at any time, including trial, and to object on
`
`appropriate grounds to the introduction into evidence of any portion of these responses.
`
`All disclosures made herein are produced strictly pursuant to the stipulated protective
`
`order in this case.
`
`
`
`GENERAL OBJECTIONS
`
`Specific objections to Interrogatory Nos. 1-10 are made on an individual basis in the
`
`responses below. In addition to these specific objections, LGEKR makes the following General
`
`Objections to AGIS’s Interrogatory Nos. 1-10, including without limitation the instructions and
`
`definitions set forth therein. These General Objections are hereby incorporated by reference into
`
`the responses to Interrogatory Nos. 1-10. For particular emphasis, LGEKR has, from time to
`
`
`
`2
`
`

`

`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.
`
`LGEKR’s response to Interrogatory Nos. 1-10 is submitted without prejudice to, and without in
`
`any respect waiving, any General Objections not expressly set forth in a specific response.
`
`Accordingly, the inclusion of any specific objection in response to an interrogatory below is
`
`neither intended as, nor shall in any way be deemed to be, a waiver of any General Objection or
`
`of any other specific objection that may be asserted at a later date. In addition, the failure to
`
`include at this time any General or specific objection to an interrogatory is neither intended as,
`
`nor shall in any way be deemed, a waiver of LGEKR’s right to assert that or any other objection
`
`at a later date.
`
`1.
`
`LGEKR objects to the Interrogatories to the extent they call for the disclosure of
`
`information or the production of documents that are shielded from discovery by attorney-client
`
`privilege, the work product doctrine, or any related joint defense or common interest privilege,
`
`privileges applicable to settlement materials or documents or information which constitute trial
`
`preparation materials, or any other applicable privilege (collectively, “Privileged Information”).
`
`Any statement herein to the effect that LGEKR will provide information in response to an
`
`interrogatory is limited to information that does not fall within the scope of any Privileged
`
`Information.
`
`2.
`
`LGEKR objects to the production of any information or documents to the extent
`
`they include confidential, proprietary, trade secret, private or financial information that is
`
`protected from disclosure by any applicable trade secret or privacy statute or law. LGEKR will
`
`only provide such information pursuant to the confidentiality protections embodied in the
`
`Federal Rules of Civil Procedure and the terms of the protective order entered in this action, and
`
`
`
`3
`
`

`

`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
`
`with respect to information responsive to the interrogatory request.
`
`3.
`
`LGEKR objects to the definition of “LG,” “Defendant,” “You,” and “Your” as
`
`overly broad and unduly burdensome to the extent it includes all predecessors-in-interest,
`
`successors in-interest, parents, subsidiaries, affiliates, and entities acting in joint venture,
`
`licensing or partnership relationships with any of the defendants in any country. LGEKR
`
`understands this term to mean LG Electronics, Inc. as the named defendant in the above-
`
`captioned action.
`
`4.
`
`LGEKR objects to the definition of “LG Accused Products” as overly broad and
`
`unduly burdensome to the extent it includes products made, used, sold, offered for sale, or
`
`imported into the United States by entities other than LG Electronics, Inc. LGEKR objects to the
`
`definition of “LG Accused Products” as vague and ambiguous insofar as it is defined to include
`
`products “that incorporate technology as defined and alleged in AGIS’s complaints, infringement
`
`contentions, initial disclosures, and expert reports.” LGEKR further objects to the definition of
`
`“LG Accused Products” as overly broad to the extent that it includes any products or devices
`
`accused of infringing any patent later asserted by Plaintiff in this Action. LGEKR understands
`
`this term to mean only those specific products made, used, sold, offered for sale, or imported into
`
`the United States by LG Electronics, Inc. among those identified by AGIS in its Infringement
`
`Contentions, and that include the Android-based applications or software identified in Plaintiff’s
`
`Infringement Contentions that allow users to utilize forced message alerts or to form groups with
`
`other users such that users may view each other’s locations on a map and engage in
`
`communication.
`
`
`
`4
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`

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`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 6 of 21 PageID #: 3153
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`5.
`
`LGEKR objects to the definition of “Person(s)” as overly broad to the extent that
`
`it includes other persons or entities outside of the Person’s control. In responding to the
`
`interrogatories, LGEKR understands this term to mean only the persons or entities within the
`
`Person’s control, and with respect to such other persons or entities within the Person’s control,
`
`LGEKR shall only provide relevant information that is accessible by means of the business
`
`relationship with the Person(s).
`
`6.
`
`LGEKR objects to Interrogatory Nos. 1-10 to the extent they are overly broad,
`
`unduly burdensome, or seek information that is not relevant to any party’s claim or defense or
`
`not proportional to the needs of the case.
`
`7.
`
`LGEKR objects to Interrogatory Nos. 1-10 to the extent they are vague,
`
`ambiguous, and use unlimited, undefined, subjective, or open-ended terms or phrases.
`
`8.
`
`LGEKR objects to Interrogatory Nos. 1-10 to the extent that they are unlimited in
`
`time, including to the extent that they seek information beyond the limitations period applicable
`
`to Plaintiff’s claims.
`
`9.
`
`LGEKR objects to Interrogatory Nos. 1-10 to the extent that the purported benefit
`
`of the discovery sought by Interrogatory Nos. 1-10 is outweighed by the burden and expense of
`
`responding to the interrogatory pursuant to Rules 26(b)(1) and 26(b)(2) of the Federal Rules of
`
`Civil Procedure.
`
`10.
`
`LGEKR objects to Interrogatory Nos. 1-10 to the extent they attempt to impose
`
`burdens on LGEKR inconsistent with, or in excess of, the requirements of the Federal Rules of
`
`Civil Procedures and/or the Local Rules of the Eastern District of Texas.
`
`11.
`
`LGEKR objects to the Interrogatories to the extent they call for information
`
`already in the possession of or equally accessible to AGIS.
`
`
`
`5
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`

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`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 7 of 21 PageID #: 3154
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`12.
`
`LGEKR objects to the Interrogatories to the extent they seek information that is
`
`not in the possession, custody, or control of LGEKR, and/or purport to call for any description of
`
`documents that LGEKR no longer possesses and/or was under no obligation to maintain. With
`
`respect to documents that were but are no longer in LGEKR’s possession, custody or control,
`
`LGEKR objects to the Interrogatories to the extent that they seek a description of the
`
`circumstances of such loss or destruction of the documents and any efforts to recover such
`
`documents.
`
`13.
`
`LGEKR objects to the Interrogatories to the extent that they, including their
`
`subparts, exceed the number of interrogatories that a party is permitted to propound under the
`
`Discovery Order in this action.
`
`14.
`
`LGEKR objects to the Interrogatories as overly burdensome to the extent they
`
`impose requirements for the production of documents beyond LGEKR’s obligations under the
`
`Federal Rules of Civil Procedure, the Local Civil Rules of the United States District Court for
`
`the Eastern District of Texas, and/or the Court’s orders. In responding to the Interrogatories,
`
`LGEKR will produce any documents in accordance with Federal Rule of Civil Procedure 33(d).
`
`INTERROGATORY NO. 1:
`
`INTERROGATORIES
`
`Identify all LG Accused Products sold to customers and made available for purchase by
`
`customers in the United States from January 2011 to the present, providing at least the following
`
`information: (i) the internal and external name(s) and model number(s) of the LG Accused
`
`Products; (ii) each Entity to whom the LG Accused Products were offered for sale or sold, and
`
`(iii) the supplier of each LG Accused Product and components thereof, as well as an
`
`identification of which components are supplied by each supplier.
`
`
`
`6
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`

`

`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 8 of 21 PageID #: 3155
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`RESPONSE TO INTERROGATORY NO. 1:
`
`LGEKR incorporates by reference its General Objections as if fully set forth herein.
`
`First, LGEKR objects that this interrogatory is overly broad and unduly burdensome to the extent
`
`that “LG Accused Products” includes products made, used, sold, offered for sale, or imported
`
`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
`
`information that is neither relevant to any party’s claims or defenses nor proportional to the
`
`needs of the case. Third, LGEKR objects to this interrogatory as overly broad and unduly
`
`burdensome in asking LGEKR to detail “each” Entity to whom the LG Accused Products were
`
`offered for sale or sold. Fourth, LGEKR objects to this interrogatory as overly broad and unduly
`
`burdensome in asking LGEKR to identify the supplier of each LG Accused Product and
`
`components thereof, including, without limitation, components that have no relevance to
`
`Plaintiff’s claims of infringement. Fifth, LGEKR objects to this interrogatory to the extent it
`
`calls for the production of confidential, proprietary, or trade secret information that is protected
`
`from disclosure by any applicable trade secret or privacy statute or law or confidentiality
`
`agreement.
`
`Subject to and without waiving the foregoing General and specific objections, LGEKR
`
`responds as follows: LGEKR will produce documents pursuant to Fed. R. Civ. Proc. 33(d)
`
`identifying the internal and external name and model numbers of the LG Accused Products (as
`
`defined by LGEKR) that were sold to customers and made available for purchase by customers
`
`
`
`7
`
`

`

`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
`
`LG Accused Products were imported into the United States by LG Electronics MobileComm
`
`U.S.A., Inc. (“LGEMU”). LGEKR obtains the Android OS installed on the LG Accused
`
`Products from Google, who also provides certain Android OS applications, including the
`
`functionality within the applications identified on a claim-by-claim basis in Plaintiff’s
`
`Infringement Contentions.
`
`INTERROGATORY NO. 2:
`
`For each LG Accused Products sold to customers and made available for purchase by
`
`customers in the United States from January 2011 to the present, providing at least the following
`
`information: (i) the identity, including the version number, of all applications installed on the
`
`Accused Product including but not limited to: Android Device Manager, Find My Device,
`
`Google Latitude, Google Plus, Google Hangouts, Google Maps, Google Assistant, Google
`
`Search, Google Messages, Android Messenger, Google Allo, Google Duo, GMail, and Google
`
`Chrome (ii) the identify, including the version number, of each of the applications identified
`
`above that are supported by the Accused Products, or that may be installed by a user of the
`
`Accused Products.
`
`RESPONSE TO INTERROGATORY NO. 2:
`
`LGEKR incorporates by reference its General Objections as if fully set forth herein.
`
`First, LGEKR objects that this interrogatory is overly broad and unduly burdensome to the extent
`
`that “LG Accused Products” includes products made, used, sold, offered for sale, or imported
`
`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,
`
`
`
`8
`
`

`

`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
`
`the specified time period for this interrogatory is overly broad, unduly burdensome, and seeks
`
`information that is neither relevant to any party’s claims or defenses nor proportional to the
`
`needs of the case. Third, LGEKR objects that this interrogatory is overly broad and unduly
`
`burdensome to the extent that it seeks information pertaining to “all applications installed on the
`
`Accused Product.” Fourth, LGEKR objects that Interrogatory No. 2, subpart (ii) is redundant
`
`because Interrogatory No. 2, subpart (i) already limited the scope of the identified applications to
`
`those that are supported by the Accused Products. Fifth, LGEKR objects that this interrogatory
`
`is overly broad and unduly burdensome to the extent that it seeks information regarding third
`
`party software and the actions of third party consumers that is outside of LGEKR’s possession,
`
`custody or control. Sixth, LGEKR objects to this Interrogatory to the extent it calls for the
`
`production of confidential, proprietary, or trade secret information that is protected from
`
`disclosure by any applicable trade secret or privacy statute or law or confidentiality agreement.
`
`Subject to and without waiving the foregoing General and specific objections, LGEKR
`
`responds as follows: LGEKR will produce documents pursuant to Fed. R. Civ. Proc. 33(d)
`
`identifying for each of the LG Accused Products (as defined by LGEKR) sold to customers and
`
`made available for purchase by customers in the United States from July 21, 2011 to date,
`
`information regarding the identity of the accused applications installed on the LG Accused
`
`Product with functionality that is specifically identified on a claim-by-claim basis in AGIS’s
`
`Preliminary Infringement Contentions.
`
`INTERROGATORY NO. 3:
`
`Identify all smartphone and tablet products sold by LG to customers and/or made
`
`available for purchase by customers in the United States from January 2011 to the present that
`
`
`
`9
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`

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`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 11 of 21 PageID #: 3158
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`include a touch screen and utilize the Android Operating System, providing at least the following
`
`information: (i) the internal and external name(s) and model number(s) of the product; (ii) the
`
`time of first sale of each product.
`
`RESPONSE TO INTERROGATORY NO. 3:
`
`LGEKR incorporates by reference its General Objections as if fully set forth herein.
`
`LGEKR objects to this interrogatory as overly broad, unduly burdensome, and irrelevant because
`
`it seeks information not relevant to the Patents-in-Suit or any claim or defense of any party in
`
`this action. To the extent that it is relevant, it is redundant of Interrogatory No. 1 and therefore a
`
`separate response is not required. LGEKR refers Plaintiff to LGEKR’s responses and objections
`
`to Interrogatory No. 1 and incorporates them by reference as if fully set forth herein.
`
`INTERROGATORY NO. 4:
`
`For each LG Accused Product, state the total number of systems, units, or components
`
`purchased or acquired from each supplier thereof, the cost of purchasing or acquiring such
`
`systems, units, or components, the price associated with purchasing or acquiring such systems,
`
`units, or components, and identify all documents related thereto and the three (3) persons most
`
`knowledgeable of the foregoing.
`
`RESPONSE TO INTERROGATORY NO. 4:
`
`LGEKR incorporates by reference its General Objections as if fully set forth herein.
`
`LGEKR objects to this interrogatory as overly broad, unduly burdensome, and irrelevant because
`
`it seeks information regarding systems, units, or components of the LG Accused Product not
`
`relevant to the Patents-in-Suit or any claim or defense of any party in this action.
`
`INTERROGATORY NO. 5:
`
`For each LG Accused Product, identify: (i) each Entity involved with the design,
`
`
`
`10
`
`

`

`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 12 of 21 PageID #: 3159
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`development, testing, manufacture, assembly, marketing, offer for sale, sale, distribution, and
`
`importation of the LG Accused Product; (ii) a description of the functions of each Entity
`
`identified in (i); (iii) each location where the design, development, testing, manufacture,
`
`assembly, marketing, offer for sale, sale, distribution, and importation took place, and (iv) the
`
`three Person(s) (employed by Defendants or otherwise) most knowledgeable about the design,
`
`development, testing, manufacture, assembly, marketing, offer for sale, sale, distribution, and
`
`importation.
`
`RESPONSE TO INTERROGATORY NO. 5:
`
`LGEKR incorporates by reference its General Objections as if fully set forth herein.
`
`First, LGEKR objects that this interrogatory is overly broad and unduly burdensome to the extent
`
`that “LG Accused Products” includes products made, used, sold, offered for sale, or imported
`
`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 to the
`
`extent that the interrogatory fails to specify a relevant time period. Third, LGEKR objects to this
`
`interrogatory to the extent it calls for the production of confidential, proprietary, or trade secret
`
`information that is protected from disclosure by any applicable trade secret or privacy statute or
`
`law or confidentiality agreement.
`
`Subject to and without waiving the foregoing General and specific objections, LGEKR
`
`responds as follows: LGEKR designs, engineers, sources components, and manufactures the LG
`
`Accused Products outside the United States, mostly in South Korea. LGEKR obtains the
`
`Android OS from the Android Open Source Project (“AOSP”), which is led by Google. LGEKR
`
`
`
`11
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`

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`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 13 of 21 PageID #: 3160
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`performs any integration and/or modification tasks related to the standard operating procedure
`
`set out by Google for the Android OS, including any pre-installation of Google-provided
`
`Android applications that occurs during the manufacturing process, into the LG Accused
`
`Products outside the United States. Google is headquartered in Northern California, and the
`
`personnel responsible for the accused functionality set forth in Plaintiff’s Infringement
`
`Contentions are located in and around California, as set forth in Case No. 2:17-cv-00513, D.I.
`
`36-4, D.I. 36-5, and D.I. 36-6, the substance therein of which, in relevant part, is incorporated
`
`herein by reference. LGEMU (including LG Electronics MobileResearch U.S.A., Inc.
`
`(“LGEMR”)) is the only entity that imports, tests (including through LGEMR), performs quality
`
`management on, markets, offers for sale, and sells the LG Accused Products in the United States.
`
`LGEMU and LGEMR are California companies with large offices throughout California.
`
`The three Person(s) most knowledgeable about the design, development, testing,
`
`manufacture, assembly, marketing, offer for sale, sale, distribution, and importation are the
`
`following:
`
`Name
`
`Title
`
`Address
`
`Cecilia Son
`
`Director, Partner
`Engineering, LG
`Electronics Mobile
`Research U.S.A.,
`Inc. (“LGEMR”)
`
`5150 Great
`America Parkway
`Santa Clara, CA
`
`Jaehong Pak
`
`Chief Research
`Engineer, LG
`Electronics, Inc.
`
`10, Magokjungang
`10-ro, Gangseo-gu,
`Seoul, Korea
`
`Google witnesses
`identified in D.I. 36-
`
`
`
`
`
`
`
`12
`
`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
`
`

`

`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 14 of 21 PageID #: 3161
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`4, D.I. 36-5, and D.I.
`36-6.
`
`
`
`INTERROGATORY NO. 6:
`
`knowledge regarding the
`accused functionality
`identified in Plaintiff’s
`Infringement Contentions
`for the Google
`applications
`
`For each LG Accused Product, state the number of units sold, as well as (in U.S. dollars)
`
`the gross revenue, net profits, profit margins, fixed and variable costs, average cost per unit and
`
`transfer pricing on a quarterly basis from January 2011 to the present, and set forth all bases for
`
`your response.
`
`RESPONSE TO INTERROGATORY NO. 6:
`
`LGEKR incorporates by reference its General Objections as if fully set forth herein.
`
`First, LGEKR objects that this interrogatory is overly broad and unduly burdensome to the extent
`
`that “LG Accused Products” includes products made, used, sold, offered for sale, or imported
`
`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
`
`information that is neither relevant to any party’s claims or defenses nor proportional to the
`
`needs of the case. Third, LGEKR objects to this interrogatory to the extent that it seeks financial
`
`information unknown to LGEKR or that is not within LGEKR’s possession, custody, or control.
`
`In responding to this interrogatory, LGEKR shall not undertake the burden and expense of
`
`attempting to provide financial metrics and documents that it does not maintain in the ordinary
`
`
`
`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
`
`production of confidential, proprietary, or trade secret information that is protected from
`
`disclosure by any applicable trade secret or privacy statute or law or confidentiality agreement.
`
`Subject to the foregoing general and specific objections, LGEKR responds as follows:
`
`LGEKR will conduct a reasonable search for and produce relevant financial metrics pursuant to
`
`Fed. R. Civ. Proc. 33(d) for the LG Accused Products (as defined by LGEKR) for the period
`
`from July 21, 2011 to date, for sales of the LG Accused Products in the United States, to the
`
`extent that any such documents are kept in the ordinary course of business.
`
`INTERROGATORY NO. 7:
`
`Identify: (i) any agreements, licenses, or contracts, including attachments or exhibits to
`
`those documents, relating to any LG Accused Product, and (ii) the Person(s) most
`
`knowledgeable concerning any such agreements, licenses, or contracts, and attachments or
`
`exhibits to those documents.
`
`RESPONSE TO INTERROGATORY NO. 7:
`
`LGEKR incorporates by reference its General Objections as if fully set forth herein.
`
`LGEKR objects that this interrogatory is overly broad, unduly burdensome, and seeks
`
`information that is neither relevant to any party’s claims or defenses nor proportional to the
`
`needs of the case to the extent that it seeks agreements, licenses, or contracts relating to any LG
`
`Accused Product. LGEKR further objects to the extent this interrogatory seeks Privileged
`
`Information. Moreover, LGEKR objects to this interrogatory to the extent it calls for the
`
`production of confidential, proprietary, or trade secret information that is protected from
`
`disclosure by any applicable trade secret or privacy statute or law or confidentiality agreement.
`
`Subject to the foregoing general and specific objections, LGEKR responds as follows:
`
`
`
`14
`
`

`

`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 16 of 21 PageID #: 3163
`
`LGEKR will produce pursuant to Fed. R. Civ. Proc. 33(d) executed agreements, licenses, or
`
`contracts with Google that relate to the functions implemented by the accused applications or
`
`software identified in AGIS’s Preliminary Infringement Contentions, to the extent they exist and
`
`subject to any confidentiality and production restrictions. As discovery is just commencing and
`
`LGEKR’s investigation is ongoing, LGEKR will supplement this response with an identification
`
`of the individual most knowledgeable about any such agreements, licenses, or contracts with
`
`Google that relate to the functionality implemented by the accused applications or software as
`
`identified in Plaintiff’s Infringement Contentions.
`
`INTERROGATORY NO. 8:
`
`Explain in detail all factual and legal bases for any contention by you that Defendants
`
`have not infringed the Asserted Patents, including without limitation the identification of (i) each
`
`claim element of the Asserted Patents that you allegedly do not practice; (ii) all documents,
`
`circumstances, or other information that supports each contention that you do not practice a
`
`claim element; (iii) the Person(s) knowledgeable with respect to any such contention; and (iv)
`
`any documents, things, persons and/or witnesses that Defendants intend to rely on to support
`
`such a contention.
`
`RESPONSE TO INTERROGATORY NO. 8:
`
`LGEKR incorporates by reference its General Objections as if fully set forth herein.
`
`First, LGEKR objects to this interrogatory as premature since the parties’ respective positions on
`
`the construction of various claim elements, limitations, and terms are not yet known. Second,
`
`LGEKR objects to this interrogatory as premature because discovery has just commenced and
`
`the interrogatory seeks to elicit expert testimony prior to the date to be provided in the case
`
`schedule. Third, LGEKR further objects to the extent this interrogatory seeks Privileged
`
`
`
`15
`
`

`

`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 17 of 21 PageID #: 3164
`
`Information. Fourth, LGEKR objects that this interrogatory is overbroad and unduly
`
`burdensome in seeking “all documents, circumstances, or other information that supports each
`
`contention that you do not practice a claim element,” when a smaller subset of information
`
`and/or documents would be sufficient. Fifth, LGEKR objects to this interrogatory to the extent it
`
`calls for the production of confidential, proprietary, or trade secret information that is protected
`
`from disclosure by any applicable trade secret or privacy statute or law or confidentiality
`
`agreement. No further response from LGEKR is needed at this time.
`
`INTERROGATORY NO. 9:
`
`Identify the dates and circumstances under which you first became aware of the Asserted
`
`Patents, the patent applications of the Asserted Patents, and any Related Patent Applications,
`
`including but not limited to: (i) a description of when and how you first became aware of the
`
`Asserted Patents (including awareness through reference or citation to the Asserted Patents), the
`
`patent applications of the Asserted Patents, and any Related Patent Applications; (ii) an
`
`identification of those Persons who first became aware of the Asserted Patents, the patent
`
`applications of the Asserted Patents, and any Related Patent Applications; and (iii) a description
`
`of the actions taken by Defendants in response to becoming aware of the Asserted Patents, the
`
`patent applications of the Asserted Patents, and any Related Patent Applications.
`
`RESPONSE TO INTERROGATORY NO. 9:
`
`LGEKR incorporates by reference its General Objections as if fully set forth herein.
`
`First, LGEKR objects to this interrogatory as unduly burdensome to the extent that it would
`
`require LGEKR, a large multinational company, to inquire into the knowledge of thousands of
`
`officers, directors, trustees, employees, agents, consultants, attorneys and patent agents. Second,
`
`LGEKR objects to this interrogatory to the extent that it seeks information about awareness of
`
`
`
`16
`
`

`

`Case 2:17-cv-00514-JRG Document 73-1 Filed 09/24/18 Page 18 of 21 PageID #: 3165
`
`“Related Patent Applications” because Related Patent Applications are not relevant to any
`
`party’s claim or defense in this case. Third, LGEKR objects to this interrogatory to the extent it
`
`is premature in that discovery is ongoing. LGEKR has not completed its investigation of the
`
`facts related to this case. Fourth, LGEKR further objects to the extent this interrogatory seeks
`
`Privileged Information. Fifth, LGEKR objects to this interrogatory to the extent it calls for the
`
`production of confidential, proprietary, or trade secret information that is protected from
`
`disclosure by any applicable trade secret or privacy statute or law or confidentiality agreement.
`
`Subject to the foregoing general and specific objections, LGE

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