Case 2:21-cv-00072-JRG-RSP Document 224-3 Filed 11/17/21 Page 1 of 6 PageID #: 7651
`Case 2:21-cv-00072-JRG-RSP Document 224-3 Filed 11/17/21 Page 1 of 6 PagelD #: 7651
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`EXHIBIT B
`EXHIBIT B
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`Case 2:21-cv-00072-JRG-RSP Document 224-3 Filed 11/17/21 Page 2 of 6 PageID #: 7652
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`AGIS SOFTWARE DEVELOPMENT LLC
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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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`LYFT, INC.
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`§
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`CASE NO. 2:21-cv-00072-JRG
`(Lead Case)
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`CASE NO. 2:21-cv-00024-JRG
`(Member Case)
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`DEFENDANT LYFT, INC.’S NOTICE OF RULE 30(b)(6) DEPOSITION
`OF AGIS SOFTWARE DEVELOPMENT LLC
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`PLEASE TAKE NOTICE that, pursuant to Rule 30(b)(6) of the Federal Rules of Civil
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`Procedure, counsel for Defendant Lyft, Inc. (“Lyft”), will take the video deposition of Plaintiff
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`AGIS Software Development LLC (“AGIS”).
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`The deposition will take place on October 21, 2021 beginning at 9:00 a.m. and continuing
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`thereafter until completed, remotely by video teleconference through web-based software, or at
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`another time mutually agreed to by the parties. The deposition shall be taken before a court reporter
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`or other person qualified to administer the oath and shall be recorded by videotape and stenographic
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`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 Lyft, sufficiently in advance of the
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`Case 2:21-cv-00072-JRG-RSP Document 224-3 Filed 11/17/21 Page 3 of 6 PageID #: 7653
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`TOPICS
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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
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`time the 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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`3.
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`The factual basis for each allegation in the complaint.
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`Facts and circumstances related to the alleged priority dates, conception, reduction
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`to practice, and diligence associated with the reduction to practice of each Asserted Claim in the
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`Asserted Patents.
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`4.
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`The inventorship of each Asserted Claim of the Asserted Patents, including
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`identification 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 research or
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`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
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`You believe practices any claim of the Asserted Patents and the factual basis for that belief and the
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`date of first offer for sale and sale of that product.
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`6.
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`Development of AGIS’s LifeRing System product, including information related to
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`prototypes.
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`7.
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`Your contention that AGIS’s products practice any claim of any of the Asserted
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`Patents, including AGIS’s LifeRing products and facts and materials supporting AGIS’s statement
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`that AGIS’s LifeRing products “are covered by at least one of claim 7 of the ’728 Patent, claims 9,
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`12-16 of 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.” See Plaintiff’s Disclosure of Asserted Claims and Infringement
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`Contentions, dated May 19, 2021.
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`Case 2:21-cv-00072-JRG-RSP Document 224-3 Filed 11/17/21 Page 4 of 6 PageID #: 7654
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`8.
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`The identification of the specific lines and modules of source code that supports
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`your 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 of the
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`’100 Patent, and claims 1-26 of the ’838 Patent.” Plaintiff’s Disclosure of Asserted Claims and
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`Infringement Contentions, dated May 19, 2021.
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`9.
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`The total number of units sold, gross revenue, net profits, profit margins, costs and
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`pricing 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
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`number(s) of each AGIS product identified to practice any claim of any of the Asserted Patents
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`with the yearly quarterly sales, revenue, cost, profit and pricing for each such product dating back
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`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
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`any 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
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`claim 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
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`to each 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
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`claim of 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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`Case 2:21-cv-00072-JRG-RSP Document 224-3 Filed 11/17/21 Page 5 of 6 PageID #: 7655
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`15.
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`All facts, studies, investigations, and analyses relating to the validity, enforceability,
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`or infringement of the Asserted Patents, including any Communications with Third Parties relating
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`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
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`Asserted Patents, and all patent analyses provided to AGIS.
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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
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`dates 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
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`attorney 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
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`and any Related Patents (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
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`is in the 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
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`sale of 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 compensation
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`or other benefits paid or provided to the Named Inventors, and all Communications by or on behalf
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`of AGIS with the Named Inventors concerning the Asserted Patents, Lyft, 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
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`other, regarding the Asserted Patents, Accused Products, Asserted Claims, Lyft, or this action.
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`Case 2:21-cv-00072-JRG-RSP Document 224-3 Filed 11/17/21 Page 6 of 6 PageID #: 7656
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`24.
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`25.
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`The past and current ownership of the Asserted Patents, including its chain of title.
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`All Persons having a financial interest in this action or the Asserted Patents or in
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`any licensing revenue derived in whole or in part from the Asserted Patents, and the nature of that
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`financial interest.
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`26.
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`Any attempts to sell or otherwise transfer financial interests in the Asserted Patents
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`or any portfolio of patents containing the Asserted Patents.
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`27.
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`Any valuations and appraisals of the Asserted Patents or its Related Patents, or any
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`portfolio of patents that includes the Asserted Patents or a Related Patent.
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`28.
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`Any licenses, sales, assignments, conveyances, security interests, or other
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`agreements or offers thereto, relating to the Asserted Patents or any portfolio of patents that
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`includes the Asserted Patents, and negotiations and communications leading to and circumstances
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`surrounding each such agreement or offer.
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`29.
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`Since the first alleged conception of any alleged invention claimed in any Asserted
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`Patent, the relationships, if any, between AGIS, on one hand, and the Named Inventors, on the
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`other.
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`30.
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`The relationship between AGIS and Christopher Rice, including the time periods
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`for which he was a third-party consultant and the time periods for which he was an employee.
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`31.
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`Any agreements between AGIS and Christopher Rice, including the agreement
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`allegedly covering the time period March 13 – May 1, 2004 (AGISSOFTWARE_0007890),
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`Confidentiality
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`and
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`Non-Disclosure
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`Agreement
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`dated
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`July
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`13,
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`2004
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`(AGISSOFTWARE_0007891-7901), and any agreements subsequently produced by AGIS, and
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`all facts, documents, communications, and/or circumstances surrounding the agreements.
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