Case 2:21-cv-00040-JRG Document 92-1 Filed 10/06/21 Page 1 of 14 PageID #: 2114
`Case 2:21-cv-00040-JRG Document 92-1 Filed 10/06/21 Page 1 of 14 PagelD#: 2114
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`EXHIBIT A
`EXHIBIT A
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`

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`Case 2:21-cv-00040-JRG Document 92-1 Filed 10/06/21 Page 2 of 14 PageID #: 2115
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`CASE NO. 2:21-cv-00040-JRG
`(Lead Case)
`
`JURY TRIAL DEMANDED
`
`
`
`CASE NO. 2:21-cv-00041-JRG
`(Member Case)
`
`JURY TRIAL DEMANDED
`
`§
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`§
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`GESTURE TECHNOLOGY
`PARTNERS, LLC,
`
`Plaintiff
`
`v.
`
`HUAWEI DEVICE CO., LTD.,
`HUAWEI DEVICE USA, INC.,
`
`Defendants.
`
`
`GESTURE TECHNOLOGY
`PARTNERS, LLC,
`
`Plaintiff
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD.
`AND SAMSUNG ELECTRONICS
`AMERICA, INC.,
`
`Defendants.
`
`NOTICE OF DEPOSITION OF PLAINTIFF GESTURE TECHNOLOGY
`PARTNERS, LLC PURSUANT TO RULE 30(B)(6)
`OF THE FEDERAL RULES OF CIVIL PROCEDURE
`
`Pursuant to Fed. R. Civ. P. 30(b)(6), PLEASE TAKE NOTICE that on September 10, 2021
`
`Defendants Huawei Device Co., Ltd., Huawei Device USA, Inc. (together “Huawei”), Samsung
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`Electronics Co., Ltd., and Samsung Electronics America, Inc. (together “Samsung”) (collectively
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`“Defendants”) by their undersigned attorneys, will take the oral and videotaped deposition of
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`Plaintiff Gesture Technology Partners LLC (“GTP”), by one or more officers, directors, or
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`managing agents or other person(s) designated to testify on its behalf, regarding the Deposition
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`Topics identified below.
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`-1-
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`

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`The deposition will be reported and recorded by a duly authorized court reporter and
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`certified videographer. The deposition will be conducted before an officer authorized to administer
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`oaths and will continue from day-to-day, weekends and legal holidays excluded, until completed,
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`or according to an agreed or Court-ordered schedule. The deposition will be taken for the purpose
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`of discovery, for use at trial or any hearing in this matter, and for any other purpose permitted by
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`the Federal Rules of Civil Procedure.
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`In accordance with Fed. R. Civ. P. 30(b)(6), GTP is required to designate one or more of
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`its principals, officers, directors, managing agents, or other persons who consent to testify on its
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`behalf with respect to all information that is known or reasonably available to GTP concerning the
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`subjects set forth in the Deposition Topics identified below.
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`No later than five (5) business days before the noticed deposition, GTP shall identify in
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`writing each witness that will testify in response to this notice and the specific topics on which
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`each such witness will testify. To the extent each identified witness will rely on documents or
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`information not yet produced in this Litigation, GTP shall produce those documents or information
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`as soon as possible, and no less than five (5) business days prior to the date of the deposition.
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`This deposition is noticed, and will be taken, without prejudice to Defendants’ right to
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`depose any witness in his or her individual capacity, irrespective of whether such witness is also
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`designated to testify on behalf of GTP in response to this notice. Defendants reserve the right to
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`ask related or follow-up questions to any testimony provided whether or not such questions fall
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`within the scope of the topics set forth in this Notice.
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`DEFINITIONS
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`1.
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`As used herein, “and” and “or” shall be construed conjunctively and disjunctively
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`so as to acquire the broadest meaning possible.
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`-2-
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`

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`2.
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`As used herein, “any” and “all” shall each be construed to mean “any and all,” so
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`as to acquire the broadest meaning possible.
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`3.
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`As used herein, “include” and “including” shall be construed to mean “without
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`limitation,” so as to acquire the broadest meaning possible.
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`4.
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`As used herein, “referring,” “relating,” or “related” to any given subject shall mean,
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`without limitation, identifying, describing, discussing, assessing, stating, reflecting, constituting,
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`containing, embodying, tending to support or refute, or referring directly or indirectly to, in any
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`way, the particular subject matter identified.
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`5.
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`As used herein, “Document” has the same meaning as the term “document” as used
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`and defined in Fed. R. Civ. P. Rule 34 and therefore includes electronically stored data as well as
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`tangible things.
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`6.
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`As used herein, “Plaintiff,” “You,” or “Your” shall mean Plaintiff Gesture
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`Technology Partners, LLC (“GTP”), any corporate or other predecessor or successor, any entity
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`that controls or has controlled GTP, any entity that is or has been commonly controlled with GTP,
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`any joint venture to which GTP is or has been a party, any past or present division, department,
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`parent, subsidiary, affiliate, member, director, officer, principal, agent, employee, consultant,
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`representative, or other person acting or who has acted on GTP’s behalf, or who is or has been
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`under GTP’s control in whole or in part, including but not limited to Timothy R. Pryor..
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`7.
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`As used herein, “affiliate” or “affiliated entities” shall mean all predecessors,
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`successors, acquisitions, parents, subsidiaries, and divisions or departments thereof, and all past
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`and present directors, officers, agents, employees, and representatives (including consultants or
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`attorneys).
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`-3-
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`

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`8.
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`As used herein, “this Litigation” shall mean the above-captioned litigation, pending
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`in the United States District Court for the Eastern District of Texas.
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`9.
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`As used herein, “Patents-in-Suit” shall mean all patents asserted by GTP in this
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`Litigation, including U.S. Patent Nos. 8,194,924 (“’924 Patent”); 7,933,431 (“’431 Patent”);
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`8,553,079 (“’079 Patent”); and 8,878,949 (“’949 Patent”).
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`10.
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`As used herein, “Asserted Claim(s)” shall mean all claims of the Patents-in-Suit
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`that GTP contends are infringed by Defendants in this Litigation.
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`11.
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`As used herein, “Accused Product(s)” shall mean all instrumentalities, products,
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`activities, services, processes, systems, apparatuses, or things that GTP accuses of infringing one
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`or more of the Patents-in-Suit in this Litigation.
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`12.
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`As used herein, “Related Application(s)” shall mean all patent applications related
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`directly or indirectly to the Patents-in-Suit, including all provisional or non-provisional patent
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`applications to which any of the Patents-in-Suit claims priority, all patents or provisional or non-
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`provisional patent applications incorporated by reference by any of the Patents-in-Suit, all patents
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`or provisional or non-provisional patent applications identified as co-pending by any of the
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`Patents-in-Suit, all continuations, continuations-in-part, divisions, reexaminations, reissues,
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`international and foreign counterpart applications, and any other patent applications disclosing,
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`describing or claiming any invention disclosed, described or claimed in any Patents-in-Suit, or
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`claiming the benefit of the filing date of any application whose benefit is claimed in any Patent-
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`in-Suit, whether or not abandoned and whether or not issued.
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`13.
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`As used herein, “Related Patent(s)” shall mean all patents issued from or based
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`upon any Related Application.
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`-4-
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`14.
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`As used herein, “Portfolio Patent(s)” shall mean all patents listing Timothy R. Pryor
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`as a named inventor that are not asserted in this Litigation and are not Related Patent(s).
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`15.
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`As used herein, “Other GTP Defendants” shall mean any and all companies that
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`GTP has sued in patent litigation matters, including Apple, Inc., LG Electronics, Inc., Lenovo
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`Group Ltd., and their affiliates.
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`The use of terms, phrases, and definitions herein is for convenience and shall not be
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`construed as an admission—factual, legal, or otherwise—by Defendants.
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`DEPOSITION TOPICS
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`1.
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`The conception and reduction to practice (including any alleged actual reduction to
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`practice) of each claim of each Patent-in-Suit, including any alleged diligence between the dates
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`of conception and reduction to practice on which GTP intends to rely.
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`2.
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`All facts and circumstances relating to the prosecution of each Patent-in-Suit and
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`all Related Patents.
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`3.
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`All facts and circumstances relating to actual or potential prior art known to GTP
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`or the alleged inventor named on each Patent-in-Suit, including all patents, publications, systems,
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`or other materials or events that any person or entity has stated, claimed, or suggested are or may
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`be prior art to one or more Patents-in-Suit.
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`4.
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`All facts and circumstances relating to any research, testing, or analysis comparing
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`the claims of the Patents-in-Suit to actual or potential prior art.
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`5.
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`All facts and circumstances relating to any alleged unexpected results, commercial
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`success, long-felt but unsolved needs, failure of others, skepticism of experts, advantages and
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`disadvantages, industry recognition, praise of an alleged invention claimed in any Patent-in-Suit,
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`and/or any other considerations that GTP contends supports the nonobviousness of one or more
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`claims of the Patents-in-Suit.
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`-5-
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`6.
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`Any foreign or U.S. litigation, opposition proceeding, interference, reexamination,
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`reissue proceeding, nullity proceeding, revocation proceeding, arbitration, or dispute involving any
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`Patent-in-Suit or any Related Patent anywhere in the world.
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`7.
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`All facts and circumstances relating to any research, design, development, testing,
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`configuration, manufacture, assembly, engineering, features, function, structure, operation, use, or
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`performance of hardware or software (including prototypes), developed, made, used, sold, or
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`offered for sale by You, any licensee of any Patent-in-Suit, or any predecessor in interest of any
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`Patent-in-Suit at any time that practiced, used, or embodied, in whole or in part, an alleged
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`invention claimed in any Patent-in-Suit.
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`8.
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`Research efforts, whether published or unpublished, authored, co-authored, edited,
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`or revised by Timothy R. Pryor (“Mr. Pryor”) or any of his agents, employees, or representatives
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`that relate in any way to the subject matter recited in any claim of any Patent-in-Suit or any Related
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`Patent anywhere in the world.
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`9.
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`The identity of any persons who collaborated with Mr. Pryor in any way on any
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`research efforts (including, but not limited to, Peter H. Smith), whether published or unpublished,
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`authored, co-authored, edited, or revised by Mr. Pryor, that relate in any way to the subject matter
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`recited in any claim of any Patent-in-Suit or any Related Patent anywhere in the world.
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`10.
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`The contribution or alleged contribution of Peter H. Smith to the subject matter of
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`any Patent-in-Suit or any Related Patent.
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`11.
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`All facts and circumstances relating to any communications prior to the filing of
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`this Litigation relating to the subject matter of any claim of any Patent-in-Suit.
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`12.
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`The underlying factual bases for GTP’s positions that each Patent-in-Suit is valid
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`and enforceable.
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`-6-
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`13.
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`All facts and circumstances relating to research testing, or analysis comparing the
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`claims of any Patent-in-Suit to the products, services, or activities of any third party.
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`14.
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`All facts and circumstances relating to GTP’s contention, if any, that there is any
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`quantitative benefit from the alleged inventions claimed in the Patents-in-Suit, including evidence
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`of any difference in performance, marketability, or sales of a device incorporating the alleged
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`inventions as compared to a device that does not incorporate the alleged inventions.
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`15.
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`The underlying factual bases for preparing GTP’s pleadings in this case, including
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`those demonstrating GTP’s alleged good faith basis to bring suit against Defendants, and those
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`demonstrating GTP’s good faith basis to identify each Accused Product.
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`16.
`
`17.
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`All facts and circumstances relating to GTP’s decision to file this Litigation.
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`All facts and circumstances relating to GTP’s first awareness of each Defendant’s
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`products allegedly relating to the technology of any Patent-in-Suit and GTP’s decision not to file
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`suit during the time that elapsed between that awareness and the filing of suit against Defendants,
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`including the Accused Products.
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`18.
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`All facts and circumstances relating to GTP’s understanding and knowledge of the
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`Accused Products, including the features, functions, and operation of the Accused Products.
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`19.
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`All facts and circumstances relating to statements by GTP or any of its directors,
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`officers, agents, employees, and representatives (including consultants or attorneys) that any of the
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`Patents-in-Suit would not be enforced.
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`20.
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`The underlying factual bases for GTP’s contention, if any, that Defendants’ alleged
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`infringement of each Patent-in-Suit has been and continues to be willful.
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`21.
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`All facts and circumstances relating to the manufacture, cost, pricing, valuation,
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`distribution, promotion, marketing, offer for sale, and sale of any product, system, or technology
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`-7-
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`

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`Case 2:21-cv-00040-JRG Document 92-1 Filed 10/06/21 Page 9 of 14 PageID #: 2122
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`that practices, uses, embodies in whole or in part, or incorporates any alleged invention claimed in
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`the Patents-in-Suit, including the first prototype, first experimental use, first demonstration, first
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`manufacture, first use, first offer for sale, first sale, first public use, first shipment, first
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`announcement, and first public disclosure of subject matter claimed in any Patent-in-Suit, and the
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`first written description of each alleged invention claimed in the Patents-in-Suit.
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`22.
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`All facts and circumstances relating to actual or potential ownership, title, transfer,
`
`or assignment of each Patent-in-Suit, Related Patent, and Portfolio Patent.
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`23.
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`All facts and circumstances relating to Your relationship, including any past and/or
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`present ownership or other financial interest, with respect to the following entities: Digital Dash;
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`Motion Games, LLC; Great Lakes Intellectual Property, Ltd.; LMI Technologies USA, Inc.; LMI
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`Technologies, Inc.; PTSP Technologies, LLC; Sensor Adaptive Machines, Ltd.; Deffracto Ltd.;
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`and Tactile Feedback Technology, LLC.
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`24.
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`GTP’s efforts to license, enforce, or monetize each Patent-in-Suit or any Related
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`Patent anywhere in the world.
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`25.
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`All licenses, agreements, negotiations, offers, or proposals with any third party
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`regarding each Patent-in-Suit, Related Patent, and Portfolio Patent anywhere in the world.
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`26.
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`All facts and circumstances relating to any communications between GTP and any
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`prospective or actual licensee to any Patent-in-Suit.
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`27.
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`All facts and circumstances relating to compliance with 35 U.S.C. § 287(a) by any
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`owner or licensee of any Patent-in-Suit, and any efforts made to ensure compliance with 35 U.S.C.
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`§ 287(a).
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`28.
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`All facts and circumstances relating to the amount of damages that GTP alleges to
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`have suffered as a result of each Defendant’s alleged infringement, including any evaluation,
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`-8-
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`Case 2:21-cv-00040-JRG Document 92-1 Filed 10/06/21 Page 10 of 14 PageID #: 2123
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`calculation, or determination of the value of a license to any Patent-in-Suit and the royalty rate(s)
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`to be used in determining such a license value.
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`29.
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`All facts and circumstances relating to GTP’s current and historical licensing
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`practices, efforts to license its patents, and licenses to its patents, including the Patents-in-Suit and
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`any Related Patents anywhere in the world, and the circumstances under which GTP will grant or
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`has granted licenses, the identity of all licenses to each Patent-in-Suit, the factors GTP considers
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`when deciding the terms of such licenses, the structure for such licenses, the amounts and royalty
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`rates that GTP has offered or accepted for such licenses, any license agreements, correspondence,
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`negotiations, or discussions that have resulted from these efforts, and any other license agreements
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`that concern patents comparable to any Patent-in-Suit.
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`30.
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`All facts and circumstances relating to any studies, analyses, evaluations, opinions,
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`and communications with third parties concerning the valuation of any alleged invention claimed
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`in any Patent-in-Suit, including any evaluation of return on investment(s) made in any Patent-in-
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`Suit or related technology or subject matter.
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`31.
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`All facts and circumstances relating to the division of recoveries from licensing or
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`enforcing each Patent-in-Suit.
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`32.
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`All facts and circumstances relating to licensing, enforcement, or monetization of
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`any Patent-in-Suit with respect to Digital Dash.
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`33.
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`All financial analyses, opinions, or valuations of each Patent-in-Suit or any Related
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`Patent anywhere in the world, including but not limited to information for determining a royalty
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`rate for purposes of licensing or tax accounting.
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`-9-
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`34.
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`All royalties, revenues, or financial consideration received by GTP from the
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`licensing, enforcement, or monetization of any Patent-in-Suit or any Related Patent anywhere in
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`the world.
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`35.
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`All facts and circumstances relating to any communications between GTP and any
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`prospective purchaser of any Patent-in-Suit.
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`36.
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`All facts and circumstances relating to any communications between GTP and any
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`prospective broker of any Patent-in-Suit.
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`37.
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`All facts and circumstances relating to GTP’s prospective or actual receipt of
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`financial and/or other resources from litigation funders in connection with the assertion of any
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`Patent-in-Suit.
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`38.
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`All facts and circumstances relating to any communications between GTP and any
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`prospective or actual litigation funder.
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`39.
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`All facts and circumstances relating to the identity and location of all persons or
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`entities with a direct or indirect financial stake in this litigation.
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`40.
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`All facts and circumstances relating to GTP’s fee arrangements with external legal
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`counsel, including litigation fees, success fees, and pre-filing investigation and analysis.
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`41.
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`All facts and circumstances relating to the corporate structure and ownership of
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`GTP and any affiliated entities.
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`42.
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`GTP’s formation, including but not limited to articles of incorporation, bylaws,
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`appointment of directors, officers or employees, and Board of Directors.
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`43.
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`44.
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`GTP’s financial statements, tax returns, audit reports, and annual reports.
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`All facts and circumstances relating to the rights of any person or entity in each
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`Patent-in-Suit.
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`-10-
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`Case 2:21-cv-00040-JRG Document 92-1 Filed 10/06/21 Page 12 of 14 PageID #: 2125
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`45.
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`All facts and circumstances relating to GTP’s agents, employees, or other persons
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`performing services for or on behalf of GTP pursuant to an agreement, including the identification
`
`of those persons, the services they have performed, and any agreements concerning those persons
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`or the services they have performed.
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`46.
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`All facts and circumstances relating to GTP’s past and present document retention
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`and destruction policies, including any action(s) taken in violation of any document retention and
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`destruction policies.
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`47.
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`All facts and circumstances relating to any communications with one or more of
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`the Other GTP Defendants concerning GTP, the Asserted Patents, or the Portfolio Patents.
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`48.
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`The identity and location of documents evidencing or relating in any way to any of
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`the preceding topics.
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`-11-
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`DATED: September 1, 2021
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`Respectfully submitted,
`
`
`By: /s/ Christopher W. Kennerly
`Christopher W. Kennerly (TX Bar No. 00795077)
`chriskennerly@paulhastings.com
`Radhesh Devendran (pro hac vice)
`radheshdevendran@paulhastings.com
`PAUL HASTINGS LLP
`1117 S. California Avenue
`Palo Alto, CA 94304
`Telephone: (650) 320-1800
`Facsimile: (650) 320-1900
`
`Allan M. Soobert
`allansoobert@paulhastings.com
`PAUL HASTINGS LLP
`2050 M Street NW
`Washington, D.C. 20036
`Telephone: 202-551-1700
`Facsimile: 202-551-1705
`
`Elizabeth L. Brann
`elizabethbrann@paulhastings.com
`PAUL HASTINGS LLP
`4747 Executive Drive, 12th Floor
`San Diego, CA 92121
`Telephone: (858) 458-3000
`Facsimile: (858) 458-3005
`
`Robert Laurenzi
`robertlaurenzi@paulhastings.com
`PAUL HASTINGS LLP
`200 Park Avenue
`New York, NY 10166
`Telephone: (212) 318-6000
`Facsimile: (212) 319-4090
`
`Melissa R. Smith (TX Bar No. 24001351)
`GILLAM & SMITH, LLP
`303 S. Washington Ave.
`Marshall, TX 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`melissa@gillamsmithlaw.com
`
`Attorneys for Defendants Samsung Electronics
`Co., Ltd and Samsung Electronics America, Inc.
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`-12-
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`

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`Case 2:21-cv-00040-JRG Document 92-1 Filed 10/06/21 Page 14 of 14 PageID #: 2127
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`By: /s/ J. Mark Mann
`J. Mark Mann
`State Bar No. 12926150
`mark@themannfirm.com
`G. Blake Thompson
`State Bar No. 24042033
`blake@themannfirm.com
`MANN TINDEL & THOMPSON
`201 E. Howard Street
`903.657.8540
`903.657.6003 (fax)
`AND
`Kent E. Baldauf, Jr. (PA ID No. 70793)
`Bryan P. Clark (PA ID No. 205708)
`THE WEBB LAW FIRM
`One Gateway Center
`420 Ft. Duquesne Blvd., Suite 1200
`Pittsburgh, PA 15222
`412.471.8815
`412.471.4094 (fax)
`kbaldaufjr@webblaw.com
`bclark@webblaw.com
`
`
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`
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`Attorneys for Defendants Huawei Device Co.,
`Ltd., Huawei Device USA, Inc.,
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`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing document has been served via
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`email on all counsel of record on this 1st day of September, 2021.
`
` /s/ Christopher W. Kennerly
`Christopher W. Kennerly
`
`
`
`-13-
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`