Case 6:20-cv-00272-ADA Document 94-2 Filed 04/03/23 Page 1 of 19
`Case 6:20-cv-00272-ADA Document 94-2 Filed 04/03/23 Page 1 of 19
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`EXHIBIT 4
`EXHIBIT 4
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`VOIP-PAL.COM, INC.,
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`Plaintiff,
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`v.
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`AMAZON.COM, INC.;
`AMAZON.COM SERVICES LLC; and
`AMAZON WEB SERVICES, INC.,
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`Defendants.
`
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`Case 6:20-cv-00272-ADA Document 94-2 Filed 04/03/23 Page 2 of 19
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`IN THE UNITED STATES DISTRICT COURT FOR THE
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`CIVIL ACTION NO. 6:20-CV-272-ADA
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`PLAINTIFF VOIP-PAL.COM, INC.’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS AND THINGS TO DEFENDANTS AMAZON.COM, INC.,
`AMAZON.COM SERVICES LLC, AND AMAZON WEB SERVICES, INC. (NOS. 1-56)
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`In accordance with the provisions of Rule 34 of the Federal Rules of Civil Procedure,
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`Plaintiff VoIP-Pal.com, Inc. (“VoIP-Pal”) requests
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`that Defendants Amazon.com, Inc.,
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`Amazon.com Services LLC, and Amazon Web Services, Inc. (collectively “Defendants” or
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`“Amazon”), through their counsel, respond separately and fully for the production of documents
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`and things requested herein by the time periods prescribed by the Federal Rules of Civil Procedure.
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`All documents and things shall be produced to VoIP-Pal at the offices of its attorneys at the address
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`listed below. VoIP-Pal’s Requests for Production are deemed to be continuing up to and including
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`the time of trial.
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`INSTRUCTIONS AND DEFINITIONS
`1.
`These Requests seek production to the full extent provided by the Federal Rules of Civil
`Procedure and shall be interpreted as inclusive rather than exclusive. They are of a continuing
`nature and, to the extent required by applicable statutes and regulations, Amazon is required to
`make supplemental production if, prior to the termination of this action, Amazon obtains
`additional or different documents and/or things covered by any of these Requests.
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`

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`Case 6:20-cv-00272-ADA Document 94-2 Filed 04/03/23 Page 3 of 19
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`2.
`The term “Amazon,” “You, “Your,” or “Defendants” shall refer to (i) Amazon.com, Inc.,
`Amazon.com Services LLC, and Amazon Web Services, Inc. and (ii) any of Amazon.com, Inc.,
`Amazon.com Services LLC, and Amazon Web Services, Inc.’s agents, employees, and attorneys,
`or any other person or entity acting in concert, directly or indirectly, with any of (i).
`3.
`The term “VoIP-Pal” shall refer to Plaintiff VoIP-Pal.com, Inc.
`4.
`The
`term “Accused Products” shall mean
`the Accused Products or Accused
`Intrumentalities identified in VoIP-Pal’s Infringement Contentions.
`5.
`The term “Accused Uses” shall mean the performance of any step of any claim of the
`patent-in-suit that are process or method claims by Amazon or by any person or entity using the
`Accused Products anywhere in the world, whether alone or in conjunction with Amazon or any
`third party, regardless of whether the performance of all of the steps in a claim of the patent-in-
`suit constitutes infringement of the claimed process or method in Amazon’s opinion.
`6.
`The term “the ’606 patent” refers to U.S. Patent No. 10,218,606.
`7.
`The term “patent-in-suit” refers to the ’606 patent or patents and patent applications
`related to the ’606 patent.
`8.
`The term “Asserted Claim” means any claim of the patent-in-suit VoIP-Pal asserts in this
`action.
`9.
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`The term “Documents” is defined as synonymous in meaning and equal in scope to the
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`usage of this term in Fed. R. Civ. P. 34(a), and is used in its broadest sense and should be
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`understood to include any written, printed, typed, and visually, aurally, or electronically
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`reproduced material of any kind, whether or not privileged, including but not limited to:
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`“Electronically Stored Information” or “ESI” (as defined below in these Definitions), computer
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`files, source code, computer input and output, computer memory devices, backup media, and
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`databases; files and file folders; books and their contents, whether printed or recorded or
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`reproduced by hand or any other mechanical process, or written or reproduced by hand or any
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`other mechanical process; and all other tangible manifestations of communications whether or not
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`2
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`claimed to be privileged, confidential, or personal; namely, communications, including intra-
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`company communications, correspondence,
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`telegrams, memoranda, printed publications,
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`summaries or records of telephone conversations, summaries or records of personal conversations;
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`text messages, diaries; forecasts; statistical statements; patents, laboratory and engineering reports
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`and notebooks, changes, plans, specifications, technical papers, data sheets, drawings, sketches,
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`schematics, graphs, flow charts, samples, prototypes and tangible things, evaluation boards,
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`developers guidelines; photographs, audio tapes, sound reproductions, motion pictures, films, and
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`videotapes; minutes or records of meetings, including directors’ meetings, minutes or records of
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`conferences; expressions of statements or policy; lists of persons attending meetings or
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`conferences; reports and/or summaries of interviews or investigations; opinions or reports of
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`consultants’ patent appraisals; opinions of counsel; agreements; records, reports or summaries of
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`negotiations; brochures, calendars, pamphlets, advertisements, circulars, trade letters, packing
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`materials and notices, press releases; litigation files and databases; and any drafts or revisions of
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`any Document and any notes or comments appearing on any Document, whether preliminary or
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`marginal. A comment or notation appearing on any Document, and not a part of the original
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`Document, is considered a separate Document within the meaning of the term. A draft or non-
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`identical copy is a separate Document within the meaning of the term.
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`10.
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`The term “Electronically Stored Information”, (“ESI”) means information created,
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`manipulated, communicated, stored, and best utilized in digital form, requiring the use of computer
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`hardware and software and includes, but is not limited to all data recorded or stored on main frame
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`computers, network file systems, servers, workstations, computer databases, personal computers,
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`laptop computers, zip drives, thumb drives, memory sticks, external drives, removable drives,
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`diskettes, CDs, DVDs, smart phones, personal digital assistants, digital photographs, videotapes,
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`3
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`audio tapes and similar media. This includes, by way of example, but not limited to computer-aided
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`design files, CAD, CAM, and other similar drawings, digital photographs, electronic mail (email)
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`(and attachments thereto), Amazondata, object code, presentations, software, source code,
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`spreadsheets, voice mail, word processor files, text messages and other electronically stored
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`compilations. All non-identical versions and drafts are to be produced as separate items..
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`11.
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`The term “Thing” has the meaning prescribed in Rule 34, of the Federal Rules of Civil
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`Procedure and/or includes every kind of physical specimen or tangible item or object, other than a
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`Document, in the possession, custody or control of Amazon.
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`12.
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`As used herein, the singular shall include the plural and vice versa, except where the
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`context does not permit. The terms “and” and “or” shall be both conjunctive and disjunctive as to
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`bring within the scope of a request all information that might otherwise be construed to be outside
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`its scope. The term “or” shall mean “and/or.” The terms “any” and “all” shall mean “any and all.”
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`The term “including” shall mean “including without limitation.”
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`13.
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`The term “person” shall refer to any natural person or any business, legal or governmental
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`entity or association.
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`14.
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`The terms “relate to,” “evidencing,” “relating to,” “relates to,” or “concerning” shall be
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`construed broadly to mean evidencing, constituting, referring to, comprising, illustrating,
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`recording, memorializing, discussing, or describing.
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`15.
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`16.
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`The use of any verb in any tense shall be construed as the use of the verb in all other tenses.
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`The term “communication” or “communications” shall refer to the transmittal of
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`information, in the form of facts, ideas, inquiries, or otherwise, regardless of the manner in which
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`such communication took place.
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`4
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`17.
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`Pursuant to Federal Rule of Civil Procedure 26(e), these Requests are continuing and
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`require amendment and/or supplementation should such an amendment or supplementation be
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`needed after service upon VOIP-PAL of Amazon’s initial responses.
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`18.
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`If Amazon objects to any portion of a Request, please respond to those portions of the
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`Request to which Amazon does not object, and identify with particularity the objectionable portion
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`of the Request.
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`19.
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`If Amazon objects to a Request on the ground that it is too broad, please provide a response
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`for the Request to the extent that the Amazon concedes the Request is relevant or reasonably
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`calculated to lead to the discovery of admissible evidence.
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`20.
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`If Amazon objects to a Request on the ground that responding constitutes an undue burden,
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`please provide a response to the extent that such a response would not cause what in Amazon’s
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`opinion would be an undue burden.
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`21.
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`In responding to these Requests, if you claim that any such response thereto is privileged
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`or otherwise protected by the work product doctrine, you must fully comply with Fed. R. Civ. P.
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`26(b)(5) and state the (i) privilege claimed, (ii) date the Document was created, (iii) identity of the
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`person(s) who created the Document, (iv) identity of the current custodian, (v) addressee(s) of all
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`other recipients of the Document, (vi) subject matter of the Document, (vii) location of the
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`Document, and (viii) facts upon which that claim is based.
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`22.
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`All requirements of Fed. R. Civ. P. 26, 33, 34, and 36 are hereby incorporated by this
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`reference.
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`23. Whenever Amazon believes that any statement or description herein may be interpreted in
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`more than one way, Amazon shall either raise the issue of interpretation with VoIP-Pal before the
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`return date, or adopt whatever interpretation will result in a more complete answer, and the
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`identification and production of more Documents.
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`Case 6:20-cv-00272-ADA Document 94-2 Filed 04/03/23 Page 8 of 19
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`REQUESTS FOR PRODUCTION
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`REQUEST FOR PRODUCTION NO. 1.
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`All Documents and Things that refer or relate to VoIP-Pal.
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`REQUEST FOR PRODUCTION NO. 2.
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`All Documents and Things that refer or relate to the patent-in-suit.
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`REQUEST FOR PRODUCTION NO. 3.
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`All Documents and Things that refer or relate to any communications between Amazon
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`and VoIP-Pal.
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`REQUEST FOR PRODUCTION NO. 4.
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`All Documents and Things that refer or relate to any communications between Amazon
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`and any third party regarding VoIP-Pal, the patent-in-suit, the Accused Products, the Accused Uses,
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`or this action.
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`REQUEST FOR PRODUCTION NO. 5.
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`All Documents and Things that refer or relate to any communications between Amazon
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`and any expert witness, lay witness, or consulting expert witness in this action or any other action
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`or adversarial proceeding regarding VoIP-Pal, the Accused Products, the Accused Uses, or the
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`patent-in-suit.
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`REQUEST FOR PRODUCTION NO. 6.
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`All Document and Things made available by Amazon (or any of Amazon’s
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`representative(s)) to any expert witness, lay witness, or consulting expert witness in relation to this
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`action and/or any and all other cases relating to the patent-in-suit.
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`REQUEST FOR PRODUCTION NO. 7.
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`All Documents and Things considered or relied upon by any of Amazon’s experts in this
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`action.
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`REQUEST FOR PRODUCTION NO. 8.
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`All Documents and Things used, referenced, shown to, or relied on by any of Amazon’s
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`deponents in preparing for his/her deposition in this action.
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`REQUEST FOR PRODUCTION NO. 9.
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`All Documents and Things identified or referenced by any of Amazon’s deponents during
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`his/her deposition in this action.
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`REQUEST FOR PRODUCTION NO. 10.
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`All Documents and Things identified or referred to within, relied upon in preparing, or
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`otherwise supporting Amazon’s Answer in this action.
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`REQUEST FOR PRODUCTION NO. 11.
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`All Documents and Things identified or referred to within, relied upon in preparing, or
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`otherwise supporting Amazon’s responses to any Interrogatory served on Amazon in this action.
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`REQUEST FOR PRODUCTION NO. 12.
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`All Documents and Things identified or referred to within, relied upon in preparing, or
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`otherwise supporting Amazon’s Initial Disclosures in this action.
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`REQUEST FOR PRODUCTION NO. 13.
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`All Documents and Things identified or referred to within, relied upon in preparing, or
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`otherwise supporting Amazon’s Invalidity Contentions in this action.
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`REQUEST FOR PRODUCTION NO. 14.
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`All Documents and Things that you expect to rely on at trial of this action.
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`REQUEST FOR PRODUCTION NO. 15.
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`All Documents and Things referring to or relating to Amazon’s policies and/or procedures
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`for the making and retention of records, including all Documents relating to Amazon’s practice,
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`policy, or procedure for the retention of Documents and/or classes or categories of Documents,
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`and if applicable, each document or thing concerning each division/unit/subgroup within Amazon
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`for which there is a different practice, policy, or procedure.
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`REQUEST FOR PRODUCTION NO. 16.
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`All Documents and Things reflecting or evidencing whether documents related to this
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`action have been deleted, physically destroyed, discarded, damaged (physically or logically), or
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`overwritten, whether pursuant to a document retention/destruction policy or otherwise, since the
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`commencement of this litigation.
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`REQUEST FOR PRODUCTION NO. 17.
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`All Documents and Things that refer or relate to Amazon’s knowledge of VoIP-Pal and/or
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`the patent-in-suit before the filing of this action.
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`REQUEST FOR PRODUCTION NO. 18.
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`All Documents and Things that refer or relate to Amazon’s decision to make, use, sell, offer
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`for sale, or import the Accused Products or the Accused Uses.
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`REQUEST FOR PRODUCTION NO. 19.
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`All Documents and Things that refer or relate to any investigation, report, opinion, study,
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`or analysis, whether formal or informal by or for Amazon into whether the Accused Products or
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`the Accused Uses directly or indirectly infringe or do not infringe any claim of the patent-in-suit.
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`REQUEST FOR PRODUCTION NO. 20.
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`All Documents and Things that refer or relate to any investigation, report, opinion, study,
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`or analysis, whether formal or informal, that relates or refers to the validity or invalidity of any
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`claim of the patent-in-suit.
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`REQUEST FOR PRODUCTION NO. 21.
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`All Documents and Things that refer or relate to any investigation, report, opinion, study,
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`or analysis, whether formal or informal, that relates or refers to the enforceability or
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`unenforceability of any claim in the patent-in-suit.
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`REQUEST FOR PRODUCTION NO. 22.
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`All Documents and Things that constitute, describe, refer or relate to any effort or attempts
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`by Amazon to design around or take any steps to avoid potential infringement, direct or indirect,
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`of any claim of the patent-in-suit.
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`REQUEST FOR PRODUCTION NO. 23.
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`All Documents and Things upon which Amazon is or will be relying to avoid liability for
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`willful infringement.
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`REQUEST FOR PRODUCTION NO. 24.
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`All Documents and Things that refer or relate to any alleged secondary considerations of
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`non-obviousness of the patent-in-suit, including, without limitation, whether (a) the subject matter
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`of any claim satisfied a long-felt need in the art to which they pertain; (b) the industry failed to
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`solve problems that are solved by the subject matter of any claim; (c) experts in the industry
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`expressed skepticism relating to the subject matter of any claim; (d) the subject matter of any claim
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`has been a commercial success; (e) the industry has recognized the significance of the subject
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`matter of any claim; (f) the subject matter of any claim has been copied by others in the industry;
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`(g) the subject matter of any claim achieved unexpected results; and/or (h) there is any secondary
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`consideration that affects the determination of patentability of any subject matter of any claim of
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`the patents-in-suit.
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`REQUEST FOR PRODUCTION NO. 25.
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`All Documents and Things concerning any alleged nexus or lack thereof between any
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`alleged secondary consideration of non-obviousness and the subject matter clamed in the patent-
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`in-suit.
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`REQUEST FOR PRODUCTION NO. 26.
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`Documents and things sufficient to show the function and operation of any aspects or
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`elements of the Accused Products or the performance of the Accused Uses, including but not
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`limited to source code, specifications, schematics, flow charts, artwork, formulas, or other
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`documentation.
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`REQUEST FOR PRODUCTION NO. 27.
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`All instructions, operating manuals, indications for use, agreements, terms of use, or other
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`similar materials furnished by Amazon to customers of the Accused Products that refer, relate,
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`describe, or inform customers of their operation or use of the Accused Products or the performance
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`of the Accused Uses.
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`REQUEST FOR PRODUCTION NO. 28.
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`All financial statements (audited and unaudited), annual financial reports, income
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`statements, balance sheets, public offerings, financial projections, forecasts, profit and loss
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`statements, and company reports concerning the Accused Products or the Accused Uses prepared
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`by or on behalf of Amazon from 2014 to present.
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`REQUEST FOR PRODUCTION NO. 29.
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`11
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`Documents and Things sufficient to show for each year from 2014 to present on a quarterly
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`basis, sales information on a product-by-product basis for the Accused Products, including foreign
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`(non-U.S.) and domestic (U.S.) information regarding, including but not limited to:
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`a.
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`unit sales, both gross and net (in units, or other measure that You use to track
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`individual sales and U.S dollars);
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`b.
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`c.
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`d.
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`e.
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`f.
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`g.
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`the per unit prices(s) paid to You;
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`gross revenues;
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`net revenues;
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`cost of goods sold, including labor, materials and overhead;
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`gross profit; and
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`the methodology used to calculate the provided information.
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`REQUEST FOR PRODUCTION NO. 30.
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`Organizational charts, employee lists, or other documents that set forth, describe or from
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`which can be determined the identities and responsibilities (including reporting responsibilities)
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`of all Amazon’s management, research, development, engineering, marketing, accounting, sales,
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`and legal personnel relating to the Accused Products or the Accused Uses.
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`REQUEST FOR PRODUCTION NO. 31.
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`All Documents and Things that constitute, describe, refer or relate to any manufacturer,
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`supplier, distributor, reseller, or customer of the Accused Products or performer of the Accused
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`Uses.
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`REQUEST FOR PRODUCTION NO. 32.
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`All contracts and agreements between Amazon and any manufacturer, supplier, distributor,
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`reseller, or customer of the Accused Products or performer of the Accused Uses.
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`REQUEST FOR PRODUCTION NO. 33.
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`All Documents and Things that constitute, describe, refer or relate to other Amazon
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`products or services that are sold with, recommended to be purchased with, are ancillary to, and/or
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`are complementary to the Accused Products or the Accused Uses.
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`REQUEST FOR PRODUCTION NO. 34.
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`Documents and Things sufficient to show any revenue that Amazon derives from products
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`or services that are sold with, recommended to be purchased with, are ancillary to, and/or are
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`complementary to the Accused Products or the Accused Uses.
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`REQUEST FOR PRODUCTION NO. 35.
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`Documents and Things sufficient to show any profit that Amazon derives from products or
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`services that are sold with, recommended to be purchased with, are ancillary to, and/or are
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`complementary to the Accused Products or the Accused Uses.
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`REQUEST FOR PRODUCTION NO. 36.
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`All Documents and Things referring or relating to Amazon’s marketing and strategic
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`planning for the Accused Products or the Accused Uses including but not limited to business plans,
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`strategic plans, financial plans, business strategies, budgets, forecasts, prospectuses, or shareholder
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`or investor proposals.
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`REQUEST FOR PRODUCTION NO. 37.
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`All Documents and Things referring or relating to Amazon’s price list, pricing policies or
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`pricing guidelines related to products or services that are sold with, recommended to be purchased
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`with, are ancillary to, and/or are complementary to the Accused Products or the Accused Uses.
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`REQUEST FOR PRODUCTION NO. 38.
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`All Documents and Things referring or relating to Amazon’s price list, pricing policies or
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`pricing guidelines related to the Accused Products or the Accused Uses.
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`REQUEST FOR PRODUCTION NO. 39.
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`All Documents and Things referring or relating to market reports, market descriptions,
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`marketing forecasts, market surveys, market share forecasts, and marketing strategies analysis or
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`studies conducted by or on behalf of Amazon, for any of the Accused Products or the Accused
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`Uses.
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`REQUEST FOR PRODUCTION NO. 40.
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`All Documents and Things that constitute, describe, refer or relate to consumer demand,
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`preferences, likes, dislikes, and complaints regarding the Accused Products or the Accused Uses,
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`or particular features or aspects of the Accused Products or the Accused Uses.
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`REQUEST FOR PRODUCTION NO. 41.
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`All Documents and Things that discuss, refer to, or evidence any benefits or cost savings
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`realized from the sale or use of the Accused Products or the Accused Uses.
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`REQUEST FOR PRODUCTION NO. 42.
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`All Documents and Things relating to the marketing, advertising, or promotion of the
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`Accused Products or the Accused Uses, including without limitation sales and promotional
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`literature, product comparisons, advertisements, projections/forecasts, market analyses, brochures,
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`internet web pages, correspondence, catalogs, catalog sheets, price lists, descriptive literature,
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`articles in trade journals or other publications, sales manuals, training manuals, market studies or
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`surveys, materials prepared for trade meetings, trade shows, trade conventions, or any other
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`material disseminated or otherwise made available to the public or to any actual, potential, or
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`prospective customer.
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`REQUEST FOR PRODUCTION NO. 43.
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`Documents and Things sufficient to show the date of first sale of the Accused Products or
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`the date of first performance of the Accused Uses.
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`REQUEST FOR PRODUCTION NO. 44.
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`Documents and Things sufficient to show all versions of the software and hardware
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`configurations of the Accused Products or or all versions of the software and hardware
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`configurations used to enable performance of the Accused Uses.
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`REQUEST FOR PRODUCTION NO. 45.
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`Documents and Things sufficient to show the profit margin of the Accused Products from
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`2014 to present.
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`REQUEST FOR PRODUCTION NO. 46.
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`Documents and Things sufficient to show the projected profit margin of the Accused
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`Products over any time period for which the information is available.
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`REQUEST FOR PRODUCTION NO. 48.
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`All Documents and Things that constitute, describe, refer or relate to any survey of
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`customers of the Accused Products or the Accused Uses.
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`REQUEST FOR PRODUCTION NO. 49.
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`Documents and Things sufficient to identify any products competitive with the Accused
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`Products or any uses that are similar to or competitive with the Accused Uses.
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`REQUEST FOR PRODUCTION NO. 50.
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`All press releases that describe, refer, or relate to the Accused Products or the Accused
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`Uses.
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`REQUEST FOR PRODUCTION NO. 51.
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`All Documents and Things relating to the level of ordinary skill in the art to which any of
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`the patent-in-suit pertains, including without limitation any patents or other publications.
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`REQUEST FOR PRODUCTION NO. 52.
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`All Documents and Things related to the availability and acceptability of any potential non-
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`infringing substitutes and alternatives for the Accused Products or the Accused Uses.
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`REQUEST FOR PRODUCTION NO. 53.
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`All Documents and Things referring to relating to any potential non-infringing substitutes
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`and alternatives for the Accused Products or the Accused Uses.
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`REQUEST FOR PRODUCTION NO. 54.
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`All Documents and Things related to research and development costs related to the
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`Accused Products or the Accused Uses.
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`REQUEST FOR PRODUCTION NO. 55.
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`All Documents and Things that refer or relate to any license agreement entered into by
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`Amazon (either as licensor or licensee) that refer or relate to the subject matter of the patent-in-
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`suit.
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`REQUEST FOR PRODUCTION NO. 56.
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`All Documents and Things relating to, supporting, or refuting any contention by you that
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`VoIP-Pal is not entitled to damages based on a reasonable royalty rate, including any documents
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`relating to your knowledge or assertions concerning any of the factors relating to a reasonably
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`royalty analysis that are listed in Georgia Pacific Corp. v. U.S. Plywood Corp., 318 F. Supp. 1116
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`(S.D.N.Y. 1970).
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`Case 6:20-cv-00272-ADA Document 94-2 Filed 04/03/23 Page 18 of 19
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`Dated: May 18, 2022
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`By:
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`/s/ Lewis E. Hudnell, III
`Lewis E. Hudnell, III
`Nicolas S. Gikkas
`HUDNELL LAW GROUP P.C.
`800 W. El Camino Real Suite 180
`Mountain View, CA 94040
`Phone: 650-564-3698
`Fax: 347-772-3034
`Email: lewis@hudnelllaw.com
`Email: nick@hudnelllaw.com
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`Counsel for Plaintiff VoIP-Pal.com, Inc.
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`Case 6:20-cv-00272-ADA Document 94-2 Filed 04/03/23 Page 19 of 19
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`CERTIFICATE OF SERVICE
`I certify that I have caused PLAINTIFF VOIP-PAL.COM, INC.’S FIRST SET OF
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`REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS TO DEFENDANTS
`AMAZON.COM, INC., AMAZON.COM SERVICES LLC, AND AMAZON WEB SERVICES,
`INC. (NOS. 1-56) to be served on May 18, 2022 via electronic mail on all counsel of record:
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`Dated: May 18, 2022
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`/s/ Lewis E. Hudnell, III
`Lewis E. Hudnell, III
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`18
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