Case 2:22-cv-00263-JRG-RSP Document 102-2 Filed 08/11/23 Page 1 of 50 PageID #:
`7786
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`EXHIBIT 1
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`

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`Case 2:22-cv-00263-JRG-RSP Document 102-2 Filed 08/11/23 Page 2 of 50 PageID #:
`7787
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
` Eastern District of Texas
`__________ District of __________
`
`Civil Action No.
`
`))))))
`
`Plaintiff
`v.
`
`Defendant
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`
`To:
`
`(Name of person to whom this subpoena is directed)
`
`Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
`material:
`
`Place:
`
`Date and Time:
`
`Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
`other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
`may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
`
`Place:
`
`Date and Time:
`
`The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`
`Date:
`
`CLERK OF COURT
`
`OR
`
`Signature of Clerk or Deputy Clerk
`
`Attorney’s signature
`
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`, who issues or requests this subpoena, are:
`
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things or the
`inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before
`it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
`
`

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`Case 2:22-cv-00263-JRG-RSP Document 102-2 Filed 08/11/23 Page 3 of 50 PageID #:
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
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`Civil Action No.
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`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, if any)
`
`on (date)
`
`.
`
`I served the subpoena by delivering a copy to the named person as follows:
`
`I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`
`$
`
`.
`
`My fees are $
`
`for travel and $
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`for services, for a total of $
`
`.
`
`.
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
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`Additional information regarding attempted service, etc.:
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`

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`Case 2:22-cv-00263-JRG-RSP Document 102-2 Filed 08/11/23 Page 4 of 50 PageID #:
`7789
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
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`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`
`(c) Place of Compliance.
`
` (1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
` (A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
` (B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
` (i) is a party or a party’s officer; or
` (ii) is commanded to attend a trial and would not incur substantial
`expense.
`
` (2) For Other Discovery. A subpoena may command:
` (A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
` (B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
` (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney who
`fails to comply.
`
` (2) Command to Produce Materials or Permit Inspection.
`(A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
`(B) Objections. A person commanded to produce documents or tangible
`things or to permit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting, copying, testing, or
`sampling any or all of the materials or to inspecting the premises—or to
`producing electronically stored information in the form or forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
`(i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
` (ii) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party nor a party’s officer from
`significant expense resulting from compliance.
`
` (3) Quashing or Modifying a Subpoena.
`(A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
` (i) fails to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
`(iii) requires disclosure of privileged or other protected matter, if no
`exception or waiver applies; or
`(iv) subjects a person to undue burden.
`(B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`(i) disclosing a trade secret or other confidential research,
`development, or commercial information; or
`
`(ii) disclosing an unretained expert’s opinion or information that does
`not describe specific occurrences in dispute and results from the expert’s
`study that was not requested by a party.
`(C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
`(i) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
`(ii) ensures that the subpoenaed person will be reasonably compensated.
`
`(e) Duties in Responding to a Subpoena.
`
` (1) Producing Documents or Electronically Stored Information. These
`procedures apply to producing documents or electronically stored
`information:
`(A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course of business or
`must organize and label them to correspond to the categories in the demand.
`(B) Form for Producing Electronically Stored Information Not Specified.
`If a subpoena does not specify a form for producing electronically stored
`information, the person responding must produce it in a form or forms in
`which it is ordinarily maintained or in a reasonably usable form or forms.
`(C) Electronically Stored Information Produced in Only One Form. The
`person responding need not produce the same electronically stored
`information in more than one form.
`(D) Inaccessible Electronically Stored Information. The person
`responding need not provide discovery of electronically stored information
`from sources that the person identifies as not reasonably accessible because
`of undue burden or cost. On motion to compel discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burden or cost. If that showing is
`made, the court may nonetheless order discovery from such sources if the
`requesting party shows good cause, considering the limitations of Rule
`26(b)(2)(C). The court may specify conditions for the discovery.
`
`(2) Claiming Privilege or Protection.
`(A) Information Withheld. A person withholding subpoenaed information
`under a claim that it is privileged or subject to protection as trial-preparation
`material must:
`(i) expressly make the claim; and
`(ii) describe the nature of the withheld documents, communications, or
`tangible things in a manner that, without revealing information itself
`privileged or protected, will enable the parties to assess the claim.
`(B) Information Produced. If information produced in response to a
`subpoena is subject to a claim of privilege or of protection as
`trial-preparation material, the person making the claim may notify any party
`that received the information of the claim and the basis for it. After being
`notified, a party must promptly return, sequester, or destroy the specified
`information and any copies it has; must not use or disclose the information
`until the claim is resolved; must take reasonable steps to retrieve the
`information if the party disclosed it before being notified; and may promptly
`present the information under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
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`

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`Case 2:22-cv-00263-JRG-RSP Document 102-2 Filed 08/11/23 Page 5 of 50 PageID #:
`7790
`
`ATTACHMENT A
`DEFINITIONS
`“Action” means the actions consolidated under AGIS Software Dev. LLC v. Samsung
`
`1.
`
`Elecs. Co., Ltd., Case No. 2:22-cv-000263-JRG, filed in the United States District Court in the
`
`Eastern District of Texas on July 14, 2022, including all related claims, defenses, counterclaims,
`
`third-party claims, and consolidated actions.
`
`2.
`
`“Google,” “You,” and “Your” means Google LLC, its predecessors-in-interest,
`
`successors-in-interest, parents, subsidiaries, affiliates, and its officers, directors, members,
`
`principals, employees, agents, representatives, affiliates, or others acting on Google’s behalf.
`
`3.
`
`“Samsung” means Defendants Samsung Electronics Co., Ltd. and Samsung
`
`Electronics America, Inc. including without limitation all predecessors-in-interest, successors-
`
`in-interest, parents, subsidiaries, affiliates, and its officers, directors, members, principals,
`
`employees, agents, representatives, affiliates, or others acting on Samsung Electronics Co, Ltd.
`
`and Samsung Electronics America, Inc.’s behalf.
`
`4.
`
`“Asserted Patents” means U.S. Patent No. 9,213,970, entitled “Method of
`
`Utilizing Forced Alerts for Interactive Remote Communications,” U.S. Patent No. 9,467,838,
`
`entitled “Method to Provide Ad Hoc and Password Protected Digital and Voice Networks,” U.S.
`
`Patent No. 9,749,829, entitled “Method to Provide Ad Hoc Password Protected Digital and Voice
`
`Networks,” and U.S. Patent No. 9,820,123, entitled “Method to Provide Ad Hoc and Password
`
`Protected Digital and Voice Networks.”
`
`5.
`
`“Accused Products” means at least the Google Find My Device applications and
`
`services, Samsung Tactical, TAK, ATAK, and CivTAK, Samsung Knox, and Find My Device
`
`applications, products, and solutions, which also include related servers and services for
`
`supporting Samsung Tactical, TAK, ATAK, CivTAK, Samsung Knox, and Google Find My
`
`
`
`1
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`

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`Device, and Samsung devices configured and/or adapted with certain map-based communication
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`applications, products, and solutions such as Samsung Tactical, TAK, ATAK, and CivTAK and
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`Samsung Knox, such as the Galaxy S20 Tactical Edition, Galaxy XCover FieldPro, Galaxy
`
`XCover Pro, GT-I7500 Galaxy, i5700 Galaxy Spica, Galaxy S, Galaxy SL, Galaxy S II, Galaxy
`
`S Advance, Galaxy S III, Galaxy S Duos, Galaxy S III Mini, Galaxy S II Plus, Galaxy S4, Galaxy
`
`S4 Active, Galaxy S4 Mini, Galaxy S4 Zoom, Galaxy S Duos 2, Galaxy S III Slim, Galaxy S5,
`
`Galaxy S III Neo, Galaxy S5 Active, Galaxy S5 Mini, Galaxy S Duos 3, Galaxy S5 Plus, Galaxy
`
`S6, Galaxy S6 Edge, Galaxy S5 Neo, Galaxy S6 Active, Galaxy S6 Edge+, Galaxy S7, Galaxy
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`S7 Edge, Galaxy S7 Active, Galaxy S8, Galaxy S8+, Galaxy S8 Active, Galaxy S9, Galaxy S9+,
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`Galaxy S10e, Galaxy S10, Galaxy S10+, Galaxy S10 5G, Galaxy S21, Galaxy S20 FE, Galaxy
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`S20 Ultra 5G, Galaxy S20+ 5G, Galaxy S21 5G, Galaxy S21+ 5G, Galaxy S21 Ultra 5G, Galaxy
`
`S21 FE 5G, Galaxy S22, Galaxy S22+, Galaxy S22 Ultra, Galaxy S23, Galaxy S23+, Galaxy
`
`S23 Ultra, Galaxy Alpha, Galaxy A3, Galaxy A5, Galaxy A7, Galaxy A8, Galaxy A3, Galaxy
`
`A5, Galaxy A7, Galaxy A8, Galaxy A8+, Galaxy A6, Galaxy A6+, Galaxy A8 Star, Galaxy A7,
`
`Galaxy A9, Galaxy A6s, Galaxy A8s, Galaxy A30, Galaxy A50, Galaxy A10, Galaxy A20,
`
`Galaxy A40, Galaxy A70, Galaxy A20e, Galaxy A80, Galaxy A40s, Galaxy A60, Galaxy A10s,
`
`Galaxy A20s, Galaxy A10e, Galaxy C5, Galaxy C7, Galaxy C9, Galaxy C9 Pro, Galaxy C7 Pro,
`
`Galaxy C5, Pro, Galaxy C8, Galaxy J, Galaxy J1, Galaxy J5, Galaxy J7, Galaxy J2, Galaxy J1
`
`Ace, Galaxy J1 Nxt, Galaxy J1 Mini, Galaxy J5 (2016), Galaxy J3 Pro, Galaxy J7, Galaxy J
`
`Max, Galaxy J1 Ace Neo, Galaxy J1 (2016), Galaxy J5 Prime, Galaxy J7, Prime, Galaxy J1 Mini
`
`Prime, Galaxy J2 Prime, Galaxy J3 Emerge, Galaxy J7 V, Galaxy J3 Prime, Galaxy J7 Pro,
`
`Galaxy J7 Max, Galaxy J7 Nxt, Galaxy J3 Luna Pro, Galaxy J7 Sky Pro, Galaxy J7+, Galaxy J2
`
`Pro, Galaxy J7 Prime 2, Galaxy J7 Duo, Galaxy J4, Galaxy J6, Galaxy J3 (2018), Galaxy J7
`
`(2018), Galaxy J2 Core, Galaxy J4+, Galaxy J6+, Galaxy J4 Core, Galaxy M, Galaxy M10,
`
`
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`2
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`

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`Galaxy M20, Galaxy M30, Galaxy M40, Galaxy E5, Galaxy E7, Galaxy Grand, Galaxy Core,
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`Galaxy Core Plus, Galaxy Grand 2, Galaxy Grand Neo, Galaxy Core Prime, Galaxy Grand Prime
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`Plus, Galaxy Grand Prime Pro, Galaxy Mega 5.8, Galaxy Mega 6.3, Galaxy Mega 2, Galaxy
`
`Mini, Galaxy Mini 2, Galaxy Trend, Galaxy Trend Lite, Galaxy Trend Plus, Galaxy Ace, Galaxy
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`Ace Plus, Galaxy Ace 2, Galaxy Ace 3, Galaxy Ace Style, Galaxy Ace 4, Galaxy On7, Galaxy
`
`On5, Galaxy On5 Pro, Galaxy On7 Pro, Galaxy On8, Galaxy On Nxt, Galaxy On Max, Galaxy
`
`On7 Prime, Galaxy On6, Galaxy On8 (2018), Galaxy R, Galaxy R Style, Galaxy Y, Galaxy Y
`
`Duos, Galaxy Young, Galaxy Young 2, Galaxy Pocket, Galaxy Pocket Plus, Galaxy Pocket Neo,
`
`Galaxy Pocket Duos, Galaxy Pocket 2, Galaxy U, Galaxy Neo, Galaxy Pro, Galaxy Precedent,
`
`Galaxy Z, Galaxy Rush, Galaxy 5, Galaxy W, Galaxy Fit, Galaxy Gio, Galaxy Prevail, Galaxy
`
`Nexus, Galaxy Discover, Galaxy Reverb, Galaxy Stellar, Galaxy Appeal, Galaxy Express,
`
`Galaxy Express 2, Galaxy Fame, Galaxy Star, Galaxy Win, Galaxy Win Pro, Galaxy Star Pro,
`
`Galaxy Fame Lite, Galaxy Round, Galaxy Light, Galaxy V, Galaxy V Plus, Galaxy V2, Galaxy
`
`K Zoom, Galaxy Folder, Galaxy Active Neo, Galaxy Folder 2, Galaxy Fold, Galaxy Note,
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`Galaxy Note II, Galaxy Note 3, Galaxy Note 4, Galaxy Note Edge, Galaxy Note 5, Galaxy Note
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`7, Galaxy Note Fan Edition, Galaxy Note 8, Galaxy Note 9, Galaxy Note 10, Galaxy Note 10+,
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`Galaxy Note 10+ 5G, Galaxy Tab, Galaxy Tab 7.0, Galaxy Tab 10.1, Galaxy Tab 10.1N, Galaxy
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`Tab 10.1v, Galaxy Tab 8.9, Galaxy Tab 7.0 Plus, Galaxy Tab 7.7, Galaxy Tab 2 7.0, Galaxy Tab
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`2 10.1, Galaxy Tab 3 7.0, Galaxy Tab 3 Lite 7.0, Galaxy Tab 3 8.0, Galaxy Tab 3 10.1, Galaxy
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`Tab 4 7.0, Galaxy Tab 4 8.0, Galaxy Tab 4 10.1, Galaxy Tab Pro 8.4, Galaxy Tab Pro 10.1,
`
`Galaxy Tab Pro 12.2, Galaxy Tab S 8.4, Galaxy Tab S 10.5, Galaxy Tab S2 8.0, Galaxy Tab S2
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`9.7, Galaxy Tab S3 9.7, Galaxy Tab S4 10.5, Galaxy Tab E 8, Galaxy Tab E 9.6, Galaxy Tab A
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`8.0, Galaxy Tab A 9.7, Galaxy Tab A 6.0, Galaxy Tab A 7.0, Galaxy Tab A 10.1, Galaxy Tab
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`A 10.5, Galaxy Tab Pro S 12.0, Galaxy Book 10.6, Galaxy Book 12.0, Galaxy Tab Active,
`
`
`
`3
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`

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`Case 2:22-cv-00263-JRG-RSP Document 102-2 Filed 08/11/23 Page 8 of 50 PageID #:
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`Galaxy Tab Active 2, Galaxy View, Galaxy Note 8.0, Galaxy Note 10, Galaxy Note 10.1, Galaxy
`
`Note Pro 12.2, Galaxy Gear, Gear Sport, Gear S3 Frontier, Galaxy Watch, Galaxy Watch Active,
`
`and Galaxy Watch Active 2. For the avoidance of any doubt, Google Find My Device refers to
`
`all Google Find My Device applications and/or services, including but not limited to the Android
`
`application and any Google Find My Device web-based and/or browser-based applications and
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`services, and any front or back-end software written in England during or after 2019.
`
`6.
`
`“Document Requests” means all requests for the production of documents made
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`by AGIS to You regarding this Action, via subpoena or otherwise.
`
`7.
`
`“Document(s)” shall have the broadest meaning ascribed to it by Federal Rule of
`
`Civil Procedure 34 and Federal Rule of Evidence 1001, and shall include within its meaning any
`
`and all papers, videotapes or video recordings, photographs, films, recordings, memoranda,
`
`books, records, accounts, letters, correspondence, notes of meetings, notes of conversations, notes
`
`of telephone calls, inter-office memoranda or written communications of any nature, records of
`
`conversations either in writing or by means of mechanical or electrical recording device, notes,
`
`papers, reports, analyses, invoices, canceled checks or check stubs, receipts, minutes of meetings,
`
`time sheets, diaries, desk calendars, ledgers, schedules, license, financial statements, bills of
`
`materials, logs, and any differing version of the foregoing whether denominated formal, informal,
`
`or otherwise, as well as copies of the foregoing which differ in any way, including handwritten
`
`notations or other written or printed matter of any nature, from the original. The term “Document”
`
`shall also include all “technical documents,” such as source code, specifications, schematics, flow
`
`charts, block diagrams, circuit diagrams, artwork, drawings, pictures, pictorial representations,
`
`formulas, troubleshooting guides, service bulletins, technical bulletins, production specification
`
`sheets, white papers, operator manuals, operation manuals, and instruction manuals.
`
`8.
`
`“Communication(s)” means, including its usual and customary meaning, any
`
`
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`4
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`transmission, conveyance, or exchange of word, statement, fact, thing, idea, document,
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`instruction, information, demand, or question by any medium, whether by written, oral, or other
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`means, including, but not limited to, electronic communications and electronic mail.
`
`9.
`
`“Thing(s)” refers to any physical specimen or tangible item, including research
`
`and development models, samples, prototypes, and the like.
`
`10.
`
`“Person(s)” refers to all natural persons and all types and kinds of business or other
`
`entities, including, but not limited to, corporations, limited liability companies, partnerships, joint
`
`ventures, associations, sole proprietorships, government bodies and government agencies. Any
`
`reference to an individual person, either singularly or as part of a defined group, includes that
`
`person’s employees, agents, legal and non-legal representatives, heirs, successors, assigns and any
`
`other person or entity acting on the behalf of such individual person. Any reference to a
`
`corporation or any other entity also refers to and includes any and all parents, subsidiaries,
`
`predecessors, successors, affiliates, partners, joint venturers, agents, employees, representatives,
`
`accountants, investment bankers, consultants or attorneys acting on behalf of the corporation or
`
`other entity. The masculine includes the feminine and vice versa; the singular includes the plural
`
`and vice versa.
`
`11.
`
`“Entity” or “Entities” includes, but is not limited to, corporations, companies, firm,
`
`partnership, joint venture, association, governmental body or agency, or persons other than a
`
`natural person.
`
`12.
`
`The terms “relate to,” “reflecting,” “relating to,” or “concerning” or any variations
`
`thereof, shall mean relating to, referring to, concerning, mentioning, reflecting, regarding,
`
`pertaining to, evidencing, involving, describing, discussing, commenting on, embodying,
`
`responding to, supporting, contradicting, or constituting (in whole or in part), or are between (as
`
`
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`in the context of communications), as the context makes appropriate.
`5
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`

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`13.
`
`“And” and “or” shall be construed either disjunctively or conjunctively as
`
`necessary to bring within the scope of each interrogatory all responses that might otherwise be
`
`construed outside the scope.
`
`14.
`
`15.
`
`16.
`
`17.
`
`“Any” shall include “all” and “All” shall include “any.”
`
`The term “including” shall mean including without limitation.
`
`The use of the singular form of any word includes the plural and vice versa.
`
`“Day” or “date” means the exact day, month, and year, if ascertainable, or if not,
`
`the best available approximation (including a relationship to other events).
`
`18.
`
`19.
`
`The use of any tense of any word includes all other tenses.
`
`Definitions or usages of words or phrases in these interrogatories are not intended
`
`to be, and shall not be, construed as admissions as to the meaning of words or phrases at issue in
`
`the action, and shall have no binding effect on Plaintiff in this or in any other proceeding.
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`6
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`Case 2:22-cv-00263-JRG-RSP Document 102-2 Filed 08/11/23 Page 11 of 50 PageID #:
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`INSTRUCTIONS
`If any document request is deemed to call for disclosure of proprietary or other
`
`1.
`
`confidential data, Plaintiff’s counsel is prepared to receive such data pursuant to the Protective
`
`Order (Dkt. No. 37), which has been entered in this case, attached hereto as Exhibit A hereto.
`
`Plaintiff’s counsel is prepared to inspect any confidential source code pursuant to Paragraph 10
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`of the Protective Order (Dkt. No. 37), attached hereto as Exhibit A hereto.
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`2.
`
`If any information requested herein is withheld on the basis of a claim of privilege
`
`or subject to protection as material prepared in anticipation of litigation or trial, then, pursuant to
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`Federal Rule of Civil Procedure 45(e)(2)(A), that claim shall be made expressly in a writing that
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`describes the nature of the Documents, Communications, or Things not produced or disclosed in
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`a manner that will enable Plaintiff to assess the applicability of the privilege or protection. With
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`regard to each claim of privilege or protection, the following information shall be provided in the
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`response or the objection:
`
`a.
`
`b.
`
`c.
`
`d.
`
`the type of Document, e.g., letter or memorandum;
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`general subject matter of the Document;
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`the date of the Document; and
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`such other information as is sufficient to identify the Document for a subpoena
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`duces tecum, including, where appropriate, the author, addressee, and any other
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`recipient of the Document, and, where not apparent, the relationship of the author,
`
`addressee, and any other recipient to each other.
`
`3.
`
`If any Document or Thing identified herein has been lost, discarded, or destroyed,
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`each such Document or Thing shall be identified as completely as possible, including, as to each
`
`such Document or Thing, its date, general nature (e.g., letter, memorandum, telegram, telex,
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`photograph, computer printout), subject matter, each author or originator, each person indicated
`
`7
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`as an addressee or copy recipient, and its former custodian(s). In addition, as to each such
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`Document or Thing, the following information shall be supplied:
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
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`4.
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`date of disposal, loss, or destruction;
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`manner of disposal, loss, or destruction;
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`reason for disposal or destruction, or any explanation of loss;
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`persons authorizing the disposal or destruction;
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`persons having knowledge of the disposal, destruction, or loss; and
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`persons who destroyed, lost, or disposed of the Document or Thing.
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`Pursuant to Federal Rule 45(e)(1), responsive Documents and Things shall be
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`produced as they are kept in the ordinary course of business or shall be organized and labeled to
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`correspond with the following requests for production. If there are no Documents or Things
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`responsive to any particular discovery request, You should so state in writing rather than leave
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`the request unanswered.
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`5.
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`You shall produce the original and each non-identical copy of each Document or
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`Thing requested herein which is in Your possession, custody, or control. If the original is not in
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`Your possession, custody, or control, the most full, clear, and legible copy thereof is to be
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`produced.
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`6.
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`If a request is silent as the time period for which production of Documents or
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`Things is sought, production shall be made of all Documents originated in whole or in part and
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`all Things within Your possession, custody, or control from January 2015 through the date of
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`production.
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`7.
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`Documents shall be produced in the same file or other organizational environment
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`in which they are maintained in the ordinary course of business. For example, Documents that
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`Case 2:22-cv-00263-JRG-RSP Document 102-2 Filed 08/11/23 Page 13 of 50 PageID #:
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`are part of a file, docket, or grouping, shall be produced in the same order or manner of
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`arrangement as the original file, docket, or grouping. Additionally, each Document should be
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`produced stapled, clipped, or otherwise bound or connected in the same manner as the original.
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`The source(s), original custodian, and/or derivation of each Document shall be specifically
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`identified.
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`8.
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`Each Document or Thing requested shall be produced in its entirety, including
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`without limitation attachments, enclosures, cover letters, memoranda, and appendices. If a
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`Document or Thing responsive to any request cannot be produced in full, it shall be produced to
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`the extent possible with an explanation stating why the production of the remainder is not
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`possible.
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`9.
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`Color copies of Documents are to be produced where color is necessary to interpret
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`or understand the contents.
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`9
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`Case 2:22-cv-00263-JRG-RSP Document 102-2 Filed 08/11/23 Page 14 of 50 PageID #:
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`REQUESTS FOR
`PRODUCTION
`
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`REQUEST FOR PRODUCTION NO. 1
`Documents sufficient to identify any Google Find My Device software and/or firmware,
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`including but not limited to source code for the Google Find My Device applications, products, and
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`solutions.
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`REQUEST FOR PRODUCTION NO. 2
`Documents showing Your role in providing Samsung with any components (including
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`hardware, software and/or firmware components) related to the implementation of Google Find My
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`Device on the Samsung Accused Products, including any agreements, statements of work,
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`presentations, project planning documentation, and any other documents exchanged between
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`Samsung and You related to the design and/or operation of Google Find My Device.
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`REQUEST FOR PRODUCTION NO. 3
`Source code for any Google Find My Device software and/or firmware on the Samsung
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`Accused Products, including but not limited to any software and/or firmware running on Google
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`Find My Device on the Accused Products. For the avoidance of doubt, AGIS expects that the
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`relevant software and/or firmware will include that described in documents produced pursuant to
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`Request For Production No. 1.
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`REQUEST FOR PRODUCTION NO. 4
`Instructional and/or reference material such as reference manuals, orientation and new hire
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`training materials (including “noogler” materials), internal website and wiki-style reference pages
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`(e.g. Google sites, g3docs, etc.) user guides, datasheets, presentations, customer support materials,
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`and API specifications sufficient to show the operation of Google Find My Device (including
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`hardware and software and/or firmware components).
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`Case 2:22-cv-00263-JRG-RSP Document 102-2 Filed 08/11/23 Page 15 of 50 PageID #:
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`REQUEST FOR PRODUCTION NO. 5
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`Specifications such as software specifications, design specifications,
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`functional
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`specifications, and requirements specifications sufficient to show the operation of Google Find My
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`Device (including hardware and software and/or firmware components).
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`REQUEST FOR PRODUCTION NO. 6
`
`
`List of All individuals with whom You have had contact with at Samsung regarding design
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`and implementation of Google Find My Device (including hardware and software and/or firmware
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`components) used in the Samsung Accused Products.
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`REQUEST FOR PRODUCTION NO. 7
`
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`All discovery related to Google Find My Device which was produced by Google in the
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`International Trade Commission Investigation, Certain Location-Sharing Systems, Related
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`Software, Components Thereof, and Products Containing Same, Inv. No. 337-TA-1347, including
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`but not limited to document productions, source code, interrogatory responses, and deposition
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`transcripts. This includes but is not limited to the deposition transcript of Sorin Dinu, the corporate
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`witness for Google in the ITC Investigation identified above. For the abundance of caution,
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`regarding source code, this request comprises all documents, source code, and other materials
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`designated and produced as “GOOGLE CONFIDENTIAL BUSINESS INFORMATION –
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`SOURCE CODE” in Certain Location-Sharing Systems, Related Software, Components Thereof,
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`and Products Containing Same, Inv. No. 337-TA-1347, which further comprises “technical
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`documentation that constitutes, contains, includes, or substantially disclosures nonpublic Source
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`Code” and “[d]ocuments that contain confidential business information that defines or otherwise
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`describes in detail the algorithms or structure of software or hardware designs, including
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`insubstantial excerpts of source code, formulas, engineering specifications, or schematics that
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`Case 2:22-cv-00263-JRG-RSP Document 102-2 Filed 08/11/23 Page 16 of 50 PageID #:
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`define or otherwise describe in detail the algorithms or structure of software or hardware
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`designs…”
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`REQUEST FOR PRODUCTION NO. 8
`Documents sufficient to identify the name, location, title, and (current and former) role of
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`each and every member of the Google Find My Device team located in London, England..
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`Case 2:22-cv-00263-JRG-RSP Document 102-2 Filed 08/11/23 Page 17 of 50 PageID #:
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`EXHIBIT A
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`Case 2:22-cv-00263-JRG-RSP Document 37 Filed 12/19/22 Page 1 of 21 PageID #: 1032Case 2:22-cv-00263-JRG-RSP Document 102-2 Filed 08/11/23 Page 18 of 50 PageID #:
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`7803
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`AGIS SOFTWARE DEVELOPMENT LLC,
`
`Plaintiff,
`
`v.
`SAMSUNG ELECTRONICS CO.,
`
`LTD., ET AL.,
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`Defendants.
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`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`§
`§
`§
`§
`§
`§
`§
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`§
`§
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`Case No. 2:22-cv-00263-JRG-RSP
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`
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`PROTECTIVE ORDER
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`WHEREAS, Plaintiff AGIS Software Development LLC and Defendants Samsung
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`Electronics Co., Ltd. and Samsung Electronics America, Inc., hereafter r