`Case 2:21-cv-00072-JRG-RSP Document 224-2 Filed 11/17/21 Page 1 of 6 PagelD #: 7645
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`EXHIBIT A
`EXHIBIT A
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`Case 2:21-cv-00072-JRG-RSP Document 224-2 Filed 11/17/21 Page 2 of 6 PageID #: 7646
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`CASE NO. 2:21-cv-00072-JRG-RSP
`(Lead Case)
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`CASE NO. 2:21-cv-00026-JRG-RSP
`(Member Case)
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`§
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`v.
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`T-MOBILE USA, INC. AND T-MOBILE
`US, INC.,
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`v.
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`UBER TECHNOLOGIES, INC.,
`d/b/a UBER,
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`UBER’S NOTICE OF 30(b)(6) DEPOSITION OF AGIS
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`PLEASE TAKE NOTICE that, Pursuant to Rules 26, 30(b)(2), 30(b)(6), and 34 of the
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`Federal Rules of Civil Procedure, Defendants Uber Technologies, Inc., d/b/a Uber (collectively,
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`“Uber” or “Defendant”), by and through their attorneys, hereby give notice that they will take the
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`deposition of Plaintiff AGIS Software Development LLC, commencing at 9:00 A.M. (Eastern
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`Standard Time) on September 29, 2021, or at a mutually agreeable time, via videoconference. The
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`testimony responsive to this notice shall be before a notary public or other person authorized to
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`administer oaths. Testimony shall be recorded by stenographic and/or audiovisual means.
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`Pursuant to Fed. R. Civ. P. 30(b)(6), AGIS is required to produce one or more officers,
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`directors, managing agents, or other persons who are designated and consent to testify on its behalf
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`as to each of the subject matters set forth below. The deposition will proceed in accordance with
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`the Federal Rules of Civil Procedure and the Court’s Discovery Order (Dkt. No. 79), unless
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`otherwise agreed. AGIS is requested to identify in writing to Uber, sufficiently in advance of the
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`Case 2:21-cv-00072-JRG-RSP Document 224-2 Filed 11/17/21 Page 3 of 6 PageID #: 7647
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`helpful in locating said person; and (d) whether the person ever has been employed by
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`You—and if so, his or her current employment position and relevant dates of employment.
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`23.
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`“Identify” (or “Identification”) when used with respect to a Communication means to
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`state 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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`24.
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`“Identify” (or “Identification”) in relation to a Document means to state: (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, and if so the Bates or identifier number affixed to the Document.
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`Documents to be “identified” include Documents in Plaintiff’s possession, custody, or
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`control, Documents known by Plaintiff to have existed but no longer exist, and other
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`Documents of which Plaintiff has knowledge or information.
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`TOPICS
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`Pursuant to Fed. R. Civ. P. 30(b)(6), Plaintiff is required to designate one or more officers,
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`directors, managing agents, or other persons to testify as to the information regarding the following
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`matters that is known or reasonably available to AGIS.
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`1.
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`The alleged invention(s) claimed in the Asserted Patents, the state of the art at the time the
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`Asserted Patents were filed, and the alleged points of novelty and alleged advantages of
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`each Asserted Claim over the prior art or non-infringing alternatives.
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`2.
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`The factual basis for each allegation in the complaint.
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`3.
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`Facts and circumstances related to the alleged priority dates, conception, reduction to
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`practice, and diligence associated with the reduction to practice of each Asserted Claim in
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`the Asserted Patents.
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`4.
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`The inventorship of each Asserted Claim of the Asserted Patents, including identification
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`of all individuals involved in research or work that relates to the subject matter of the
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`Asserted Claims and the respective contributions of each individual involved in the
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`research or work that relates to the subject matter of the Asserted Claims.
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`5.
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`The identification of any product made, used, sold or offered for sale by AGIS that You
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`believe practices any claim of the Asserted Patents and the factual basis for that belief and
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`the date of first offer for sale and sale of that product.
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`6.
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`All facts related to the development of AGIS’s LifeRing System product, including
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`information related to prototypes.
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`7.
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`All facts, documents, agreements, and/or circumstances that show AGIS’s LifeRing
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`products “are covered by at least one of claim 7 of the ’728 Patent, claims 9, 12-16 of
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`the ’724 Patent, claims 2, 10-13 of the ’970 Patent, claims 1-31 of the ’100 Patent, and
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`claims 1-26 of the ’838 Patent.” Plaintiff’s First Amended Disclosure of Asserted Claims
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`and Infringement Contentions, dated August 26, 2021.
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`8.
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`The identification of the specific lines and modules of source code that supports your
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`allegation that AGIS’s LifeRing products “are covered by at least one of claim 7 of the ’728
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`Patent, claims 9, 12-16 of the ’724 Patent, claims 2, 10-13 of the ’970 Patent, claims 1-31
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`of the ’100 Patent, and claims 1-26 of the ’838 Patent.” Plaintiff’s First Amended
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`Disclosure of Asserted Claims and Infringement Contentions, dated August 26, 2021.
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`9.
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`The total number of units sold, gross revenue, net profits, profit margins, costs and pricing
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`associated with any AGIS product identified to practice any claim of any of the Asserted
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`Patents.
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`10.
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`The correlation of internal and external name(s) and internal and external model number(s)
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`of each AGIS product identified to practice any claim of any of the Asserted Patents with
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`the yearly quarterly sales, revenue, cost, profit and pricing for each such product dating
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`back to the first sale of each such product.
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`11.
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`Any market surveys or studies regarding each AGIS product identified to practice any
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`claim of any of the Asserted Patents, including, but not limited to, market surveys or studies
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`regarding consumer preferences or demand in purchasing each such AGIS product.
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`12.
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`Identification of the market in which each AGIS product identified to practice any claim
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`of any of the Asserted Patents competes.
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`13.
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`Any advertisements and marketing, including posts made on social media, related to each
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`AGIS product identified to practice any claim of any of the Asserted Patents.
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`14.
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`The pricing and/or discounting of each AGIS product identified to practice any claim of
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`any of the Asserted Patents, including any research, analysis, and other materials involved
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`in the determination of such pricing and discounting.
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`15.
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`All facts, studies, investigations, and analyses relating to the validity, enforceability, or
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`infringement of the Asserted Patents, including any Communications with Third Parties
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`relating to the foregoing.
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`16.
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`All analyses prepared by, for, or under the direction of the Named Inventors of the Asserted
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`Patents, and all patent analyses provided to AGIS.
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`Case 2:21-cv-00072-JRG-RSP Document 224-2 Filed 11/17/21 Page 6 of 6 PageID #: 7650
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`17.
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`All Prior Art to the Asserted Patents of which AGIS was aware prior to suit and the dates
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`of first awareness.
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`18.
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`All Prior Art to the Asserted Patents of which the Named Inventors, AGIS, or any attorney
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`or patent agent responsible for prosecuting the Asserted Patents was aware prior to the
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`filing of the application for the Asserted Patents.
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`19.
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`The preparation and prosecution of the applications relating to the Asserted Patents and
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`any Counterparts (including opposition proceedings), and any Certificates of Correction.
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`20.
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`For each patent application that was filed as a continuation in part application and is in the
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`chain of applications that led to the issuance of one or more of the Asserted Patents, identify
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`all new matter that was added in the continuation in part application.
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`21.
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`The circumstances concerning any first disclosure, demonstration, sale, or offer for sale of
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`any prototype or commercial embodiment of any of the alleged inventions claimed in the
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`Asserted Patents.
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`22.
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`All of Your contacts with, or efforts to contact, the Named Inventors, including all
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`communications, agreements, or understandings with the Named Inventors and any
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`compensation or other benefits paid or provided to the Named Inventors, and all
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`Communications by or on behalf of AGIS with the Named Inventors concerning the
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`Asserted Patents, Uber, or this action.
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`23.
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`All communications between AGIS, on one hand, and any other Third Party, on the other,
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`regarding the Asserted Patents, Accused Products, Asserted Claims, Uber, or this action.
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`24.
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`The past and current ownership of the Asserted Patents, including its chain of title.
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