Case 6:20-cv-00272-ADA Document 94-3 Filed 04/03/23 Page 1 of 14
`Case 6:20-cv-00272-ADA Document 94-3 Filed 04/03/23 Page 1 of 14
`
`
`
`
`
`EXHIBIT 5
`EXHIBIT 5
`
`

`

`Case 6:20-cv-00272-ADA Document 94-3 Filed 04/03/23 Page 2 of 14
`
`IN THE UNITED STATES DISTRICT COURT FOR THE
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`CIVIL ACTION NO. 6:20-CV-272-ADA
`
`
`
`
`
`VOIP-PAL.COM, INC.,
`
`Plaintiff,
`
`v.
`
`AMAZON.COM, INC.;
`AMAZON.COM SERVICES LLC; and
`AMAZON WEB SERVICES, INC.,
`
`Defendants.
`
`
`PLAINTIFF VOIP-PAL.COM, INC.’S FIRST SET OF INTERROGATORIES TO
`DEFENDANTS AMAZON.COM, INC., AMAZON.COM SERVICES LLC, AND
`AMAZON WEB SERVICES, INC. (NOS. 1-12)
`
`In accordance with the provisions of Rule 33 of the Federal Rules of Civil Procedure,
`
`
`
`
`
`Plaintff VoIP-Pal.com, Inc. (“VoIP-Pal”) requests
`
`that Defendants Amazon.com, Inc.,
`
`Amazon.com Services LLC, and Amazon Web Services, Inc. (collectively “Defendants” or
`
`“Amazon”), through their counsel, respond separately and fully in writing under oath to the
`
`following Interrogatories by the time periods prescribed by the Federal Rules of Civil Procedure.
`
`All objections and response shall be served to VoIP-Pal at the offices of its attorneys at the
`
`addresses listed below. These Interrogatories are deemed to be continuing up to and including the
`
`time of trial.
`
`INSTRUCTIONS AND DEFINITIONS
`
`1. These Interrogatories seek relevant information 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
`
`

`

`Case 6:20-cv-00272-ADA Document 94-3 Filed 04/03/23 Page 3 of 14
`
`is required to make a supplemental response should it obtain additional or different
`
`information, documents, and/or things covered by any of these Interrogatories.
`
`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. The term “Accused Uses” shall mean the performance of any step of any claim of the Patents-
`
`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
`
`2
`
`
`

`

`Case 6:20-cv-00272-ADA Document 94-3 Filed 04/03/23 Page 4 of 14
`
`Patents-in-suit constitutes infringement of the claimed process or method in Amazon’s
`
`opinion.
`
`10.
`
`The term “Documents” is defined as synonymous in meaning and equal in scope to the
`
`usage of this term in Fed. R. Civ. P. 34(a), and is used in its broadest sense and should be
`
`understood to include any written, printed, typed, and visually, aurally, or electronically
`
`reproduced material of any kind, whether or not privileged, including but not limited to:
`
`“Electronically Stored Information” or “ESI” (as defined below in these Definitions), computer
`
`files, source code, computer input and output, computer memory devices, backup media, and
`
`databases; files and file folders; books and their contents, whether printed or recorded or
`
`reproduced by hand or any other mechanical process, or written or reproduced by hand or any
`
`other mechanical process; and all other tangible manifestations of communications whether or not
`
`claimed to be privileged, confidential, or personal; namely, communications, including intra-
`
`company communications, correspondence,
`
`telegrams, memoranda, printed publications,
`
`summaries or records of telephone conversations, summaries or records of personal conversations;
`
`text messages, diaries; forecasts; statistical statements; patents, laboratory and engineering reports
`
`and notebooks, changes, plans, specifications, technical papers, data sheets, drawings, sketches,
`
`schematics, graphs, flow charts, samples, prototypes and tangible things, evaluation boards,
`
`developers guidelines; photographs, audio tapes, sound reproductions, motion pictures, films, and
`
`videotapes; minutes or records of meetings, including directors’ meetings, minutes or records of
`
`conferences; expressions of statements or policy; lists of persons attending meetings or
`
`conferences; reports and/or summaries of interviews or investigations; opinions or reports of
`
`consultants’ patent appraisals; opinions of counsel; agreements; records, reports or summaries of
`
`negotiations; brochures, calendars, pamphlets, advertisements, circulars, trade letters, packing
`
`3
`
`
`

`

`Case 6:20-cv-00272-ADA Document 94-3 Filed 04/03/23 Page 5 of 14
`
`materials and notices, press releases; litigation files and databases; and any drafts or revisions of
`
`any Document and any notes or comments appearing on any Document, whether preliminary or
`
`marginal. A comment or notation appearing on any Document, and not a part of the original
`
`Document, is considered a separate Document within the meaning of the term. A draft or non-
`
`identical copy is a separate Document within the meaning of the term.
`
`11.
`
`The term “Electronically Stored Information”, (“ESI”) means information created,
`
`manipulated, communicated, stored, and best utilized in digital form, requiring the use of computer
`
`hardware and software and includes, but is not limited to all data recorded or stored on main frame
`
`computers, network file systems, servers, workstations, computer databases, personal computers,
`
`laptop computers, zip drives, thumb drives, memory sticks, external drives, removable drives,
`
`diskettes, CDs, DVDs, smart phones, personal digital assistants, digital photographs, videotapes,
`
`audio tapes and similar media. This includes, by way of example, but not limited to computer-aided
`
`design files, CAD, CAM, and other similar drawings, digital photographs, electronic mail (email)
`
`(and attachments thereto), Amazondata, object code, presentations, software, source code,
`
`spreadsheets, voice mail, word processor files, text messages and other electronically stored
`
`compilations. All non-identical versions and drafts are to be produced as separate items.
`
`12.
`
`The term “Thing” has the meaning prescribed in Rule 34, of the Federal Rules of Civil
`
`Procedure and/or includes every kind of physical specimen or tangible item or object, other than a
`
`Document, in the possession, custody, or control of Amazon.
`
`13.
`
`As used herein, the singular shall include the plural and vice versa, except where the
`
`context does not permit. The terms “and” and “or” shall be both conjunctive and disjunctive as to
`
`bring within the scope of a request all information that might otherwise be construed to be outside
`
`4
`
`
`

`

`Case 6:20-cv-00272-ADA Document 94-3 Filed 04/03/23 Page 6 of 14
`
`its scope. The term “or” shall mean “and/or.” The terms “any” and “all” shall mean “any and all.”
`
`The term “including” shall mean “including without limitation.”
`
`14.
`
`The term “person” shall refer to any natural person or any business, legal or governmental
`
`entity or association.
`
`15.
`
`The terms “relate to,” “evidencing,” “relating to,” “relates to,” or “concerning” shall be
`
`construed broadly to mean evidencing, constituting, referring to, comprising, illustrating,
`
`recording, memorializing, discussing, or describing.
`
`16.
`
`17.
`
`The use of any verb in any tense shall be construed as the use of the verb in all other tenses.
`
`The term “communication” or “communications” shall refer to the transmittal of
`
`information, in the form of facts, ideas, inquiries, or otherwise, regardless of the manner in which
`
`such communication took place.
`
`18.
`
`Pursuant to Federal Rule of Civil Procedure 26(e), these Interrogatories are continuing and
`
`require amendment and/or supplementation should such an amendment or supplementation be
`
`needed after service upon VoIP-Pal of Amazon’s initial responses.
`
`19.
`
`If Amazon objects to any portion of an Interrogatory, please respond to those portions of
`
`the Interrogatory to which Amazon does not object and identify with particularity the objectionable
`
`portion of the Interrogatory.
`
`20.
`
`If Amazon objects to an Interrogatory on the ground that it is too broad, please provide a
`
`response for the Interrogatory to the extent that the Amazon concedes the Interrogatory is relevant
`
`or reasonably calculated to lead to the discovery of admissible evidence.
`
`21.
`
`If Amazon objects to an Interrogatory on the ground that responding constitutes an undue
`
`burden, please provide a response to the extent that such a response would not cause what in
`
`Amazon’s opinion would be an undue burden.
`
`5
`
`
`

`

`Case 6:20-cv-00272-ADA Document 94-3 Filed 04/03/23 Page 7 of 14
`
`22.
`
`In responding to these Interrogatories, if you claim that any such response thereto is
`
`privileged or otherwise protected by the work product doctrine, you must fully comply with Fed.
`
`R. Civ. P. 26(b)(5) and state the (i) privilege claimed, (ii) date the Document was created, (iii)
`
`identity of the person(s) who created the Document, (iv) identity of the current custodian, (v)
`
`addressee(s) of all other recipients of the Document, (vi) subject matter of the Document, (vii)
`
`location of the Document, and (viii) facts upon which that claim is based.
`
`23.
`
`All requirements of Fed. R. Civ. P. 26, 33, 34, and 36 are hereby incorporated by this
`
`reference.
`
`24. Whenever Amazon believes that any statement or description herein may be interpreted in
`
`more than one way, Amazon shall either raise the issue of interpretation with VoIP-Pal before the
`
`return date or adopt whatever interpretation will result in a more complete answer.
`
`25.
`
`To “identify” a person with respect to each such person, set forth the full name of the natural
`
`person or entity and relationship to Amazon, and the current or last-known address and telephone
`
`number of any such person or entity.
`
`26.
`
`To “identify” or “describe” a Document means to state (i) the name, address, telephone,
`
`occupation, job title, and employer, if applicable, of the present or last known custodian of the
`
`Document; (ii) the circumstances of the creation of the Document including identification of the
`
`person creating the Document and the addressees or recipients, the date of creation, and the type
`
`of Document; and (iii) if said Document has been lost or destroyed, the circumstances of its loss
`
`or destruction, including the identity of persons having knowledge as to the circumstances of its
`
`loss or destruction and the date of loss or destruction. If the Document describes a communication
`
`not described therein, state (i) the date and place of the communication and whether it was in
`
`person, by telephone, or in written form; (ii) all persons who participated in or heard any part of it
`
`6
`
`
`

`

`Case 6:20-cv-00272-ADA Document 94-3 Filed 04/03/23 Page 8 of 14
`
`sufficient to allow for service of process on such individuals; (iii) the organization, if any, with
`
`which each participant was then connected; (iv) the substance of what each person communicated
`
`during the course of the communication; and (v) all Documents related to such communication.
`
`27.
`
`These Interrogatories call for all information (including information contained in
`
`Documents) known or reasonably available
`
`to Amazon,
`
`its attorneys,
`
`investigators,
`
`representatives, agents or others acting on Amazon’s behalf or under Amazon’s direction or
`
`control, not merely such information as is known of each Amazon’s own personal knowledge.
`
`Each answer must be as complete and straight forward as the information reasonably available to
`
`Amazon permits.
`
`28.
`
`If Amazon cannot answer an Interrogatory fully after exercising due diligence to secure the
`
`information requested, so state and answer the Interrogatory to the extent possible, specifying the
`
`inability to answer the remainder, the reasons therefor, the steps taken to secure the answers to the
`
`unanswered portions, and stating whatever information or knowledge Amazon has concerning the
`
`unanswered portions. In addition, identify the person Amazon believes to have such knowledge,
`
`what Amazon believes to be the correct answer, and the facts upon which Amazon bases its
`
`answers or belief.
`
`29.
`
`If Amazon consults any persons or entities or Document(s) in answering these
`
`Interrogatories, identify in regard to each such Interrogatory the person or entities and/or
`
`Document(s) consulted.
`
`30. Where Amazon’s answer or a portion thereof is given upon information and belief, other
`
`than personal knowledge, please so state and describe and/or identify the sources of such
`
`information and belief.
`
`7
`
`
`

`

`Case 6:20-cv-00272-ADA Document 94-3 Filed 04/03/23 Page 9 of 14
`
`INTERROGATORY NO. 1.
`
`INTERROGATORIES
`
`Identify all Accused Products by product name, all versions, and date of first sale of each
`
`version and/or all versions of the software and hardware configurations used to enable performance
`
`of the Accused Uses and the date of first performances of the Accused Uses.
`
`INTERROGATORY NO. 2.
`
`For each year from 2014 to present on a quarterly basis, please provide in detail financial
`
`information on a product-by-product basis for the Accused Products, including foreign (non-U.S.)
`
`and domestic (U.S.) information regarding:
`
`a.
`
`unit sales, both gross and net (in units, or other measure that You use to track
`
`individual sales and U.S dollars);
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`the per unit prices(s) paid to You;
`
`gross revenues;
`
`net revenues;
`
`cost of goods sold, including labor, materials and overhead;
`
`gross profit; and
`
`the methodology used to calculate the provided information.
`
`INTERROGATORY NO. 3.
`
`State all facts that support your First Defense stated in your Answer in this action, including
`
`but not limited all facts in Amazon’s possession, custody, and control and the time Amazon filed
`
`its Answer containing this defense.
`
`INTERROGATORY NO. 4.
`
`8
`
`
`

`

`Case 6:20-cv-00272-ADA Document 94-3 Filed 04/03/23 Page 10 of 14
`
`State all facts that support your Fourth Defense stated in your Answer in this action,
`
`including but not limited all facts in Amazon’s possession, custody, and control and the time
`
`Amazon filed its Answer containing this defense.
`
`INTERROGATORY NO. 5.
`
`State all facts that support your Fifth Defense stated in your Answer in this action, including
`
`but not limited all facts in Amazon’s possession, custody, and control and the time Amazon filed
`
`its Answer containing this defense.
`
`INTERROGATORY NO. 6.
`
`State all facts that support your Sixth Defense stated in your Answer in this action,
`
`including but not limited all facts in Amazon’s possession, custody, and control and the time
`
`Amazon filed its Answer containing this defense.
`
`INTERROGATORY NO. 7.
`
`State all facts that support your Seventh Defense stated in your Answer in this action,
`
`including but not limited all facts in Amazon’s possession, custody, and control and the time
`
`Amazon filed its Answer containing this defense.
`
`INTERROGATORY NO. 8:
`
`
`Describe all facts relating to Your knowledge or awareness of the patent-in-suit, VoIP-
`
`Pal, and any entity or person associated with VoIP-Pal before the filing of this action.
`
`INTERROGATORY NO. 9:
`
`
`For each Accused Product and/or Accused Use identified in Your responses to
`
`Interrogatory No. 1, identify all agreements You have with third parties relating to the
`
`manufacture, license, production, assembly, sale, development, supply, importation into the
`
`United States, and/or distribution of the Accused Product and/or performance of the Accused Use.
`
`9
`
`
`

`

`Case 6:20-cv-00272-ADA Document 94-3 Filed 04/03/23 Page 11 of 14
`
`INTERROGATORY NO. 10.
`
`Identify all license agreements between You and another person relating in any way to the
`
`technology of the Accused Products or the Accused Uses, including express or implied licenses;
`
`historical licenses that pre-date the Accused Products or the Accused Uses, but include access to
`
`the technology embodied in the Accused Products or the Accused Uses; constructive licenses
`
`reached through settlement terms and state all facts describing the circumstances surrounding the
`
`negotiations for licenses related to each Accused Product or Accused Use; customary terms and
`
`conditions typically present in Your licenses; and financial analyses and projections associated
`
`with all licenses and license negotiations.
`
`INTERROGATORY NO. 11.
`
`
`
`Describe in detail all acceptable, non-infringing alternatives to the methods, systems, or
`
`apparatuses claimed in the Patent-in-suit that You claim exist or that have existed, including:
`
`
`
`
`
`a.
`
`b.
`
`a specific description of each such alternative or alternatives;
`
`the factual basis for Your contention that each such alternative or alternatives are
`
`non-infringing and the dates or dates each such alternative or alternatives became available;
`
`c.
`
`the factual basis for Your contention that each such alternative or alternatives
`
`provide the same or similar benefits as the Accused Products or the Accused Uses or would serve
`
`as an acceptable alternative to purchasers of the Accused Products or to performers of the Accused
`
`Uses and/or Your customers who use the Accused Products or perform the Accused Uses;
`
`d.
`
`a detailed description of the steps, costs and time required to develop and
`
`implement each such alternative or alternatives;
`
`e.
`
`an identification of all persons with relevant knowledge of the facts supporting Your
`
`answers to subsections a. through d. of this interrogatory; and
`
`10
`
`
`

`

`Case 6:20-cv-00272-ADA Document 94-3 Filed 04/03/23 Page 12 of 14
`
`f.
`
`an identification of all Documents in Your possession, custody, or control that
`
`provide factual support for Your answers to subsections a. through e. of this Iinterrogatory.
`
`INTERROGATORY NO. 12:
`
`
`Describe in detail all actual or anticipated sources of revenue related to the Accused
`
`Products or the Accused Uses, including but not limited to advertising revenue, convoyed sales,
`
`additional charges, subscription fees, revenue-sharing arrangements, and commissions.
`
`
`
`
`
`11
`
`
`

`

`Case 6:20-cv-00272-ADA Document 94-3 Filed 04/03/23 Page 13 of 14
`
`
`
`Dated: May 18, 2022
`
`
`By:
`
`
`
`
`
`
`
`/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
`
`Counsel for Plaintiff VoIP-Pal.com, Inc.
`
`12
`
`
`

`

`Case 6:20-cv-00272-ADA Document 94-3 Filed 04/03/23 Page 14 of 14
`
`CERTIFICATE OF SERVICE
`I certify that I have caused PLAINTIFF VOIP-PAL.COM, INC.’S FIRST SET OF
`
`INTERROGATORIES TO DEFENDANTS AMAZON.COM,
`INC., AMAZON.COM
`SERVICES LLC, AND AMAZON WEB SERVICES, INC. (NOS. 1-12) to be served on May 18,
`2022 via electronic mail on all counsel of record:
`
`Dated: May 18, 2022
`
`
`
`
`
`/s/ Lewis E. Hudnell, III
`Lewis E. Hudnell, III
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`13
`
`
`