Case 2:21-cv-00072-JRG-RSP Document 133-2 Filed 08/24/21 Page 1 of 12 PageID #:
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`EXHIBIT 1
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`3251
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`EXHIBIT 1
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`Case 2:21-cv-00072-JRG-RSP Document 133-2 Filed 08/24/21 Page 2 of 12 PageID #:
`3252
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`v.
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`T-MOBILE USA, INC., AND T-MOBILE
`US, INC.
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`v.
`
`UBER TECHNOLOGIES, INC.,
`d/b/a UBER,
`
`§
`§
`§
`§
`§
`§
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`§
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`§
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`CASE NO. 2:21-cv-00072-JRG-RSP
`(Lead Case)
`
`CASE NO. 2:21-cv-00026-JRG-RSP
`(Member Case)
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`DEFENDANT UBER TECHNOLOGIES, INC.’S
`FIRST SET OF INTERROGATORIES
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`Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Defendant Uber Technologies,
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`Inc. (“Uber”) hereby serve its First Set of Interrogatories upon Plaintiff AGIS Software
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`Development LLC (“Plaintiff” or “AGIS”) to be answered fully, in writing, and under oath within
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`thirty (30) days of service hereof. These Interrogatories are continuing in nature and require
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`supplemental responses. The following Definitions and Instructions apply.
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`DEFINITIONS
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`1.
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`“You,” “Your,” “Plaintiffs,” and/or “AGIS” shall refer to the responding Plaintiff AGIS
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`Software Development LLC, and any and all of its then-current or prior subsidiaries,
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`parents, affiliates, divisions, successors, predecessors, agents, employees, representatives,
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`directors, officers, trustees, and attorneys, or any other person or entity acting in whole or
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`in part in concert with any of the foregoing, directly or indirectly.
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`2.
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`“Employee” shall refer to any officer, director, partner, employee, representative, or agent.
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`1
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`3.
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`“Person” shall refer to any natural person, firm, association, partnership, government
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`agency, corporation, proprietorship, or other entity and its officers, directors, partners,
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`employee, representatives, and agents.
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`4.
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`“Action(s)” shall refer to the above-captioned proceeding in the United States District
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`Court for the Eastern District of Texas, with case numbers 2:21-cv-00072-JRG-RSP (Lead
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`5.
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`6.
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`7.
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`8.
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`Case), 2:21-cv-00026-JRG-RSP (Member Case).
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`“Asserted Patents” shall refer to U.S. Patent Nos. 7,031,728; 7,630,724; 8,213,970;
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`10,299,100; and 10,34,838.
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`“Asserted Claim” shall refer to each claim of the Asserted Patents that You assert in this
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`Action.
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`“Complaint” shall refer to the Complaint (including exhibits) Plaintiff filed on January 29,
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`2021.
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`“Counterpart” shall refer to any and all patents in any country based upon any applications
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`related in any fashion to the Asserted Patents (or to the corresponding application on which
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`it was granted), including any counterparts and any patents that may have been opposed,
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`re-examined, re-issued, or subjected to any validity or nullity proceeding.
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`9.
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`“Named Inventor” shall refer to any individual who is listed as an inventor on the Asserted
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`Patents or any Counterpart thereof.
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`10.
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`“Prior Art” encompasses, without limitation, the subject matter described in each and every
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`subdivision of 35 U.S.C. §§ 102 and 103, and includes, but is not limited to, memoranda,
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`notes, manuals, interviews, testing data, disclosures, prototypes, correspondence,
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`drawings, papers, articles, patents, printed publications, public uses, demonstrations, offers
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`for sale or license, and sales.
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`11.
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`“Communication” shall mean, without limitation, any written, oral, or other transmission
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`of information.
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`12.
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`“Document” shall include, without limitation, all documents, electronically stored
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`information, and tangible things within the scope of the Federal Rules of Civil Procedure,
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`including Rule 34.
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`13.
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`“Concerning,” “refer to,” “reflecting,” and “relating to” shall mean relating to, referring to,
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`mentioning, reflecting, pertaining to, evidencing, involving, describing, discussing,
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`commenting on, embodying, responding to, supporting, contradicting, or constituting (in
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`whole or in part), as the context makes appropriate.
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`14.
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`“Thing” refers to and includes any tangible object other than a document, and includes
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`objects of every kind and nature including, but not limited to, prototypes, models, and
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`specimens.
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`15.
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`The words “and” and “or” shall be construed conjunctively or disjunctively, whichever
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`makes the request more inclusive.
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`16.
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`Any pronouns shall be construed to refer to the masculine, feminine, or neutral gender, in
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`singular or plural, as in each case is most appropriate.
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`The word “each” shall be construed to mean “each and every.”
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`The words “any” and “all” shall be construed to mean “any and all.”
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`The singular form of any word shall be construed to also include the plural, and vice-versa.
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`“Identify” (or “Identification”) in relation to a natural person shall refer to: (a) the person’s
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`full name and any nicknames; (b) present or last known contact information (including
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`address, telephone number, and email address); (c) if You are unaware of the person’s
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`present whereabouts, all information known to You that reasonably may be helpful in
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`3
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`17.
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`18.
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`19.
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`20.
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`locating said person; and (d) whether the person ever has been employed by You—and if
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`so, his or her current employment position and relevant dates of employment.
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`21.
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`“Identify” (or “Identification”) when used with respect to a communication shall refer to
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`the names of the parties to the communication, the date or approximate date of the
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`communication, and the substance of the communication, and to list all documents
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`containing or relating to the communication.
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`22.
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`“Identify” (or “Identification”) in relation to a Document shall refer to: (a) the date the
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`Document was created; (b) the author(s) of the Document; (c) the recipient(s) of the
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`Document; (d) any person or entity receiving a copy of the Document by “cc,” “bcc,” or
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`otherwise; (e) a basic description of the nature of the Document, including, if applicable;
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`(f) the title of the Document; and (g) whether the Document has been or is being produced
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`in this litigation, the Bates or identifier number affixed to the Document. Documents to be
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`“identified” include Documents in Plaintiffs’ possession, custody, or control, Documents
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`known by Plaintiff to have existed but no longer exist, and other Documents of which
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`Plaintiff has knowledge or information.
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`INSTRUCTIONS
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`The following instructions shall apply to each of the interrogatories herein.
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`1.
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`You are required to answer the following interrogatories separately and fully in writing and
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`under oath, within thirty (30) days from the date of service. When answering the
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`interrogatories, you are required to furnish such information as is available to you,
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`including, but not limited to, information known to your officers, employees, agents, or
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`anyone acting for or on your behalf.
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`4
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`2.
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`If you have no information about the subject of a particular interrogatory, or if for some
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`other reason you are unable to answer it, the response to that interrogatory should
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`specifically so state. No interrogatory should be without some response.
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`3.
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`4.
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`If you cannot answer an interrogatory completely, answer as fully as you can and specify
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`the ways in which your response may be incomplete because of your lack of knowledge.
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`If you do not know exact dates, amounts, or other facts with certainty, but you have
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`information from which you can make an approximate or estimated answer, do so and
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`indicate if the answer is an approximate or estimate because you lack more precise
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`information.
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`5.
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`Documents produced pursuant to Federal Rule of Civil Procedure 34, or in lieu of
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`answering pursuant to Federal Rule of Civil Procedure 33(d), should be expressly identified
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`to the interrogatory to which they pertain.
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`6.
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`These discovery requests are deemed to be continuing such as to require you to serve
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`supplemental answers should you learn of additional information, documents, or tangible
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`things called for by these discovery requests between the time your answers are served and
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`the time of trial; supplemental answers are required to be served within a reasonable time
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`after the discovery of such additional information or documents.
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`7.
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`If you assert a claim of privilege or work product protection in objecting to any
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`interrogatory, identify with respect to each communication, document, or tangible thing
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`the nature and basis of the privilege claimed, and provide as much of the following
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`information as is not encompassed by the privilege: its type; its general subject matter and
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`purpose; its date; the names of persons making or receiving the communication, document,
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`or tangible thing or a copy thereof or, if the communication was oral, the names of those
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`5
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`present when the communication was made; their relationship to the author or speaker; and
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`any other information needed to determine the applicability of the privilege or protection.
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`INTERROGATORY NO. 1
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`INTERROGATORIES
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`For each product You allege infringes, describe the circumstances under which Plaintiff
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`first became aware of the product’s alleged infringement, including, but not limited to, the date(s)
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`upon which Plaintiff first became aware of the product; the date upon which Plaintiff first became
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`aware that the product allegedly infringed any claim of the Asserted Patents; any investigations,
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`reverse engineering, analyses, tests, or studies done on the product by or on behalf of Plaintiff with
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`respect to possible infringement of any claim of the Asserted Patents, including without limitation
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`to the date, procedures, and results of such analyses, tests, or studies; and an identification of all
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`persons involved in any such analyses, tests, or studies and any documents or things that refer or
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`relate to the subject matter of this interrogatory.
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`INTERROGATORY NO. 2
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`For each Asserted Claim, identify the earliest priority date to which You contend that
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`Asserted Claim is entitled, including an identification and description of any corroborating
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`evidence for the circumstances of any claimed conception and reduction to practice of that
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`Asserted Claim, as well as an identification of the claim’s date of conception, the date of first
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`actual reduction to practice of the claim, all acts Plaintiff contends represent diligence from
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`conception to first actual reduction to practice and diligence from conception to constructive
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`reduction to practice, all embodiments of the Asserted Claims that have been actually or
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`constructively reduced to practice, all documents and things evidencing such conception, reduction
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`to practice (whether actual or constructive), and diligence, each person (including, but not limited
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`to, persons working for or with Plaintiff) involved in such conception, diligence, and/or reduction
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`to practice, each person’s role (e.g., producer, developer, tester, technician, researcher, etc.), the
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`subject matter to which each person contributed, and the dates and places each such person
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`assisted, supervised, or was otherwise so involved.
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`INTERROGATORY NO. 3
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`For each Asserted Claim, identify and describe all facts related to when the claimed
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`invention, in whole or in part, was publicly disclosed, demonstrated, used, sold, given away, or
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`offered for sale (and if offered for sale, under what terms).
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`INTERROGATORY NO. 4
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`For each Asserted Claim, identify and describe all facts that support or contradict any
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`secondary considerations of non-obviousness (also known as objective indicia), including, without
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`limitation, any alleged long-felt but unfulfilled need, failure of others, commercial success,
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`commercial acquiescence, licensing, professional approval, lack of contemporaneous invention,
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`copying, and laudatory statements by others, and nexus between the merits of the claimed
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`invention and the evidence of secondary indicia, including without limitation an identification of
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`any supporting documents.
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`INTERROGATORY NO. 5
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`Identify and describe in detail all agreements, offers, or negotiations referencing and/or
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`granting any permissions under or rights to any of the Asserted Patents or any Counterpart,
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`including, but not limited to, any assignments, express licenses, alleged licenses, covenants not to
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`sue or non-assertion agreements, releases, security interests, settlements, or any offers or
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`negotiations therefor, including identifying all persons or entities that have at any time had or
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`contended that they had such an agreement, all persons involved in each such agreement, offer, or
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`negotiation, the circumstances surrounding each agreement, offer, or negotiation, the financial
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`terms of each agreement, any payments made or received in connection with each agreement, and
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`all documents sufficient to show the negotiations and final terms of each such agreement, including
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`any supporting or associated documentation or agreement(s).
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`INTERROGATORY NO. 6
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`Identify each Person with any direct or indirect financial interest in this Action, describe
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`the nature of the financial interest, including an identification of all agreements and draft
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`agreements with said Person relating to the design and testing of applications for mobile phones,
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`patents, patent applications, licenses, assignments, or this lawsuit, and the relationship of said
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`Person with Plaintiff. Your answer should include (but not necessarily be limited to) a description
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`of any funding, financial contribution, or payments made to You for purposes of this Action and
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`how any money collected from this Action will be distributed, a description of the rights and
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`obligations of such Person related to any of the Asserted Patents, and identification of any related
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`documents.
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`INTERROGATORY NO. 7
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`Describe in detail any analysis, determination, or calculation of the value of each of the
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`Asserted Patents or any Counterpart (whether on the basis of an individual patent or as part of a
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`group of patents that may or may not include patents other than the Asserted Patents or any
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`Counterpart, including, but not limited to, Plaintiff’s entire patent portfolio) or attempt thereof by
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`You or on Your behalf, including, but not limited to, identifying the facts analyzed or considered,
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`the person(s) involved in the analysis, determination, or calculation, any results of the analysis,
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`determination, or calculation, and any communication of such results to others.
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`INTERROGATORY NO. 8
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`Identify and describe in detail all factual bases for Your claim for injunctive relief,
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`including, but not limited to, any facts showing: that any alleged harm to You caused by alleged
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`infringement by Defendants are irreparable, that there is a causal nexus between any such alleged
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`harm and the alleged infringement by Defendants, that money damages are inadequate to
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`compensate You, that the balance of hardships between You and Defendant favors You, and that
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`the public interest would not be disserved by a permanent injunction; and all factual bases for Your
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`decision to not seek a temporary restraining order (TRO) or preliminary injunction in this action.
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`INTERROGATORY NO. 9
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`Describe all facts and circumstances relating to your compliance (or lack thereof) with 35
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`U.S.C. § 287 with respect to the Asserted Patents, including stating whether You, any prior owners
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`of the Asserted Patents, and/or any licensees of the Asserted Patents have complied with 35 U.S.C.
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`§ 287, identifying all products made or sold by You or a licensee that practice any claim of an
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`Asserted Patent, identifying all products made or sold by You or a licensee that have been marked
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`with an Asserted Patent, identifying the dates over which the products have been marked,
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`identifying all documents showing any such markings, identifying all efforts or steps taken by You
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`to ensure that any licensees of the Asserted Patents have complied with 35 U.S.C. § 287, and
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`identifying people knowledgeable of any such compliance or non-compliance.
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`INTERROGATORY NO. 10
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`Describe all facts and circumstances supporting Your assertion that AGIS is the sole owner
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`of the Asserted Patents, including any facts demonstrating that Christopher R. Rice did not assign
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`his interest in any Asserted Patent to Microsoft Corporation prior to any assignment to AGIS.
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`Case 2:21-cv-00072-JRG-RSP Document 133-2 Filed 08/24/21 Page 11 of 12 PageID #:
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`Dated: June 2, 2021
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`By:
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`/s/ Mark N. Reiter
`Mark N. Reiter
`Texas State Bar No. 16759900
`mreiter@gibsondunn.com
`Robert A. Vincent
`Texas State Bar No. 24056474
`rvincent@gibsondunn.com
`Nathan R. Curtis
`Texas State Bar No. 24078390
`ncurtis@gibsondunn.com
`Ashbey N. Morgan
`Texas State Bar No. 24106339
`anmorgan@gibsondunn.com
`GIBSON, DUNN & CRUTCHER LLP
`2001 Ross Avenue, Suite 2100
`Dallas, TX 75201-6912
`Telephone: 214.698.3360
`Facsimile: 214.571.2907
`
`
`Melissa R. Smith
`Texas State Bar No. 24001351
`GILLIAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: 90.934.8450
`Facsimile: 903.934.9257
`Email: melissa@gilliamsmithlaw.com
`
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`Attorneys for Defendant Uber
`Technologies, Inc. d/b/a Uber
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`Case 2:21-cv-00072-JRG-RSP Document 133-2 Filed 08/24/21 Page 12 of 12 PageID #:
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`CERTIFICATE OF SERVICE
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`I certify that the foregoing document was served electronically on June 2, 2021, on all
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`counsel who have consented to electronic service.
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`/s/ Nathan Curtis
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