Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 1 of 36
`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 1 of 36
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`EXHIBIT A
`EXHIBIT A
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`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 2 of 36
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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-1210-ADA
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`JURY TRIAL DEMANDED
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`PATENT CASE
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`Civil Action No.: 6:20-cv-01211-ADA
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`JURY TRIAL DEMANDED
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`PATENT CASE
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`Civil Action No.: 6:20-cv-1212-ADA
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`JURY TRIAL DEMANDED
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`PATENT CASE
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`Ocean Semiconductor LLC,
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`MediaTek Inc. and MediaTek USA Inc.
`(“MediaTek”),
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`v.
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`Plaintiff
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`Defendants.
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`Ocean Semiconductor LLC,
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`NVIDIA Corporation,
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`Plaintiff
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`Defendant.
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`v.
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`v.
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`Plaintiff
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`Defendants.
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`Ocean Semiconductor LLC,
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`NXP USA, Inc.
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`2
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`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 3 of 36
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`Ocean Semiconductor LLC,
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`Renesas Electronics Corporation and Renesas
`Electronics America, Inc.,
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`v.
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`Plaintiff
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`Defendants.
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`Ocean Semiconductor LLC,
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`Silicon Laboratories Inc.,
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`Plaintiff
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`Defendant.
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`v.
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`v.
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`Plaintiff
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`Defendant.
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`Ocean Semiconductor LLC,
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`STMicroelectronics, Inc.,
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`Civil Action No.: 6:20-cv-1213-ADA
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`JURY TRIAL DEMANDED
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`PATENT CASE
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`Civil Action No.: 6:20-cv-1214-ADA
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`JURY TRIAL DEMANDED
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`PATENT CASE
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`Civil Action No.: 6:20-cv-1215-ADA
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`JURY TRIAL DEMANDED
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`PATENT CASE
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`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 4 of 36
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`Ocean Semiconductor LLC,
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`Western Digital Technologies, Inc.
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`v.
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`Plaintiff
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`Defendant.
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`Civil Action No.: 6:20-cv-1216-ADA
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`JURY TRIAL DEMANDED
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`PATENT CASE
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`TO THE APPROPRIATE CENTRAL AUTHORITY OF JAPAN:
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`The United States District Court for the Western District of Texas presents its
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`compliments to the appropriate Central Authority of Japan, and requests judicial assistance to
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`obtain evidence to be used in a civil proceeding before this Court in the above-captioned matters.
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`The Court requests the assistance described herein as necessary in the interests of justice.
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`I. REQUEST
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`The Court requests that the appropriate Central Authority of Japan compel production of
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`documents and testimony of a representative or representatives from the following corporate
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`entity:
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`Kioxia Corporation
`3-1-21, Shibaura, Minato-ku
`Tokyo 108-0023
`Japan
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`Kioxia Corporation is represented by:
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`Doug Stewart
`BRACEWELL LLP
`701 Fifth Avenue Suite 6200
`Seattle, WA 98104
`Telephone: (206) 204-6721
`Doug.Stewart@bracewell.com
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`i
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`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 5 of 36
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`Specifically, the Court requests that Kioxia Corporation (“Kioxia”) produce the
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`documents and things set forth in Attachment A to this Request and thereafter produce a witness
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`or witnesses to testify regarding the deposition topics set forth in Attachment A. The Court
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`requests that the witness be placed under oath, subject to questioning by counsel for the parties to
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`the above-captioned matters, and that a verbatim transcript of the testimony be taken.
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`The Court understands that the documents and information requested may be of a
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`confidential nature. As such, there is a Protective Order in this case to protect the confidentiality
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`of any documents produced. A copy of the Protective Order is appended to Attachment A.
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`If service cannot be effected at the address indicated above, this Court respectfully
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`requests judicial assistance to effect service by any means permitted under Japanese law.
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`This Court further requests that the executed Letters Rogatory and any evidence produced
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`in response be sent directly to counsel for the Requesting Party, Ocean Semiconductor LLC
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`(“Ocean Semiconductor”), at the following address:
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`Alex Chan
`Devlin Law Firm LLC
`1526 Gilpin Avenue
`Wilmington, DE 19806
`achan@devlinlawfirm.com
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`II. FACTS
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`Plaintiff Ocean Semiconductor has filed lawsuits against Defendants Mediatek Inc. and
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`Mediatek USA Inc. (“Mediatek”), NVIDIA Corporation (“NVIDIA”), NXP USA, Inc. (“NXP”),
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`Renesas Electronics Corporation and Renesas Electronics America, Inc. (“Renesas”), Silicon
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`Laboratories Inc. (“Silicon Labs”), STMicroelectronics, Inc. (“STMicro”), and Western Digital
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`Technologies, Inc. (“WD”) (collectively “Defendants”) in the United States District Court for the
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`Western District of Texas as reflected in the caption above. Ocean seeks a judgment that
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`Defendants infringe U.S. Patent Nos. 6,660,651, 6,907,305, 6,725,402, 6,968,248, 7,080,330,
`ii
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`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 6 of 36
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`6,836,691, and 8,676,538 (collectively, the “Asserted Patents”).1 Ocean Semiconductor seeks an
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`award of damages from Defendants to compensate for the alleged patent infringement. The
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`technology described and claimed in the Asserted Patents relates to, among other things, the use
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`of a movable wafer stage, fault detection, process scheduling, and measurement of critical
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`dimension and overlay in semiconductor manufacturing.
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`In response to Ocean Semiconductor’s infringement claims, Defendants have asserted
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`defenses that include noninfringement, patent exhaustion, license, and implied license. The
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`documents requested in Attachment A are critical to Ocean Semiconductor’s ability to
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`demonstrate Defendants’ infringement of the Asserted Patents and to properly and fully respond
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`to Defendants’ defenses.
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`III. OFFER OF RECIPROCAL ASSISTANCE
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`The United States District Court for the Western District of Texas is willing to provide
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`similar assistance to the appropriate Central Authority of Japan. See 28 U.S.C. § 1782.
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`IV. REIMBURSEMENT FOR COSTS
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`This Court, through Plaintiff Ocean Semiconductor, is willing to reimburse the
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`appropriate Central Authority of Japan for costs and expenses incurred in executing these Letters
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`Rogatory.
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`1 Ocean also seeks a judgment against NXP and STMicro for infringement of U.S. Patent No.
`6,420,097. However, Ocean is not presently seeking information from Kioxia related to those
`claims.
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`iii
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`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 7 of 36
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`Respectfully Requested,
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`DATED this ____ day of ______________, 2022.
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`(SEAL OF THE COURT)
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`__________________________
`The Honorable Alan D Albright
`United States District Judge
`for the Western District of Texas
`800 Franklin Avenue
`Waco, Texas 76701
`United States of America
`Tel.: +1 (254) 750-1519
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`iv
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`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 8 of 36
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`ATTACHMENT A:
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`You are hereby subpoenaed and commanded to appear to testify and produce the
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`documents as requested below:
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`DEFINITIONS
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`When used in the below topics, the following definitions apply:
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`1.
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`“Kioxia,” “You,” or “Your” shall each mean and refer, individually and
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`collectively, to Kioxia Corporation; all of its corporate locations, and all predecessors,
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`successors, assigns, parents, subsidiaries and divisions, affiliates, partners; and all past and
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`present directors, officers, employees, agents, and representatives (including accountants,
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`consultants, and attorneys) of any of the foregoing, and all persons acting or purporting to act on
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`its behalf.
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`2.
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`“Plaintiff,” “Ocean Semiconductor,” or “Ocean” shall mean Ocean Semiconductor
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`LLC and its predecessors, successors, assigns, parents, subsidiaries and divisions, affiliates,
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`partners, and all past and present directors, officers, employees, agents, and representatives
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`(including consultants and attorneys) of any of the foregoing, and all persons acting or purporting
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`to act on their behalf.
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`3.
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`“ASML” shall mean ASML Holding N.V. and ASML Netherlands B.V., and all
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`of their corporate locations, and all predecessors, successors, assigns, parents, subsidiaries and
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`divisions, affiliates, partners; and all past and present directors, officers, employees, agents, and
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`representatives (including accountants, consultants, and attorneys) of any of the foregoing, and
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`all persons acting or purporting to act on their behalf.
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`4.
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`“Applied Materials” shall mean Applied Materials, Inc. all of its corporate
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`locations, and all predecessors, successors, assigns, parents, subsidiaries and divisions, affiliates,
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`1
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`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 9 of 36
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`partners; and all past and present directors, officers, employees, agents, and representatives
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`(including accountants, consultants, and attorneys) of any of the foregoing, and all persons acting
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`or purporting to act on its behalf.
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`5.
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`“PDF Solutions” shall mean PDF Solutions, Inc. all of its corporate locations, and
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`all predecessors, successors, assigns, parents, subsidiaries and divisions, affiliates, partners; and
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`all past and present directors, officers, employees, agents, and representatives (including
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`accountants, consultants, and attorneys) of any of the foregoing, and all persons acting or
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`purporting to act on its behalf.
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`6.
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`“Actions” shall mean any and all of the following: Ocean Semiconductor LLC v.
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`Western Digital Technologies, Inc. No. 6:20-cv-1216-ADA (W.D. Tex.), Ocean Semiconductor
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`LLC v. Huawei Device USA, Inc., Huawei Device Co., Ltd., and HiSilicon Technologies Co.,
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`Ltd., C.A. No. 4:20-cv-991-ALM (E.D. Tex.).
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`7.
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`“Defendant” and “Defendants” shall mean any and all of the following entities:
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`Western Digital Technologies, Inc., Huawei Device USA, Inc., Huawei Device Co., Ltd.,
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`HiSilicon Technologies Co., Ltd., as well as all predecessors, successors, assigns, parents,
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`subsidiaries and divisions, affiliates, partners of any of the foregoing, and all persons acting, or
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`purporting to act, on behalf of any of the foregoing.
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`8.
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`“Western Digital Infringing Instrumentalities” shall mean, without limitation,
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`automotive products (e.g., iNAND® AT EU312, iNAND® AT EM122, iNAND® AT EM132,
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`Automotive AT LD332, AT 132 (e.g., grades 2 and 3), AT 122 (e.g., grades 2 and 3), Industrial
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`Wide Temp IX QD332, Industrial Ext Temp IX QD332, Industrial Ext Temp IX QD334, Industrial
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`Wide Temp IX QD342, Commercial CL SN720, Commercial CL SN520), connected home
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`products (e.g., iNAND® CH EM123/133, CH LD313, CH LD513, CH QD313, CH QD513, CH
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`2
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`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 10 of 36
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`XB 513, CH XB 313, WD AV-25, WD AV-GP 1000, CL SN720, CL SN520, PC SA530),
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`industrial and IoT products (e.g., iNAND® IX EM132, iNAND® IX EM122, iNAND® IX
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`EU312, iNAND® IX MC EM131, Industrial IX LD342, Industrial IX LD332, Industrial IX
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`QD342, Industrial IX QD332, Industrial IX QD334, Commercial CL SN720, Commercial CL
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`SN520, Commercial PC SN730, Commercial X600, Commercial PC SA530), mobile products
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`(e.g., MC EU521, MC EU511, MC EU311/d, MC EM131/c, MC EM121/b, MC EM111/a,
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`Commercial CL QD501, Commercial CL QD301, Commercial CL QD101), and surveillance
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`products (e.g. CL EM132/122, IX EM122 Wide Temp, IX EM122 Extended Temp, WD PurpleTM
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`SC QD101 Ultra Endurance microSDTM Card), flash memory (e.g., 3D flash and NAND flash),
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`RISC-V SweRVCore Family (e.g., EH1 and EH2), and similar systems, products, devices, and
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`integrated circuits.
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`9.
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`“Huawei Infringing Instrumentalities” shall mean, shall mean products including,
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`without limitation, SoC chipsets and solutions (e.g., Hi3559A V100, Hi3519A V100, Hi3516D
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`V300, Hi3556A V100, Hi3559 V200, Hi3559A V100, Hi3559C V100, Hi3559 V100, Hi3716M
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`V430, Hi3716M V430, Hi3798C V200, Hi3798M V200H, Hi3798M V300, Hi3798M V310,
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`Hi3796M V200, Hi3798M V200, Hi3796M V100, Hi3798M V100, Hi3716M V420, Hi3716M
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`V410, and Hi3751 V553), processors (e.g., Hi3536, Hi3536C, Hi3536D V100, Hi3531D V100,
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`Hi3521D V100, Hi3520D V400, Hi3520D V300, and Hi3520D V200), TV solutions (e.g., Hi3731
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`V201, Hi3731 V101, Hi3751 V811, HI3751 V810, Hi3751 V551, Hi3751 V730, Hi3751 V620,
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`Hi3751 V510, Hi3751 V310, Hi3751 V320, and Hi3751 V600), Kirin solutions (e.g., Kirin
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`9000/E, Kirin 1020, Kirin 990, Kirin 980, Kirin 970, Kirin 960, Kirin 950, Kirin 930, Kirin 920,
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`Kirin 910, and Kirin 710); Ascend solutions (e.g., Ascend 310 and Ascend 910); Kunpeng
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`solutions (e.g., Kunpeng 920); and Balong solutions (e.g., Balong 5000, Balong 5G01, Balong
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`3
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`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 11 of 36
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`765, Balong 750, Balong 720, Balong 710, and Balong 700), systems, products, or devices
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`containing these solutions, and similar systems, products, devices, and integrated circuits.
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`10.
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`“Infringing Instrumentalities” shall mean any and all of the Western Digital
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`Infringing Instrumentalities and the Huawei Infringing Instrumentalities.
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`11.
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`“Asserted Patents” shall mean U.S. Patent Nos. 6,660,651 (referred to individually
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`as the “’651 Patent”), 6,907,305 (referred to individually as the “’305 Patent”), 6,725,402 (referred
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`to individually as the “’402 Patent”), 6,968,248 (referred to individually as the “’248 Patent”),
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`7,080,330 (referred to individually as the “’330 Patent”), 6,836,691 (referred to individually as the
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`“’691 Patent”), and 8,676,538 (referred to individually as the “’538 Patent”).
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`12.
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`“Person” shall mean any natural person or any business, proprietorship, firm,
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`partnership, corporation, association, organization, or other legal entity. The acts of a Person shall
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`include the acts of directors, officers, owners, members, employees, agents, attorneys, or other
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`representatives acting on the Person’s behalf.
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`13.
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`The term “Documents” is defined, without limitation, to be synonymous in
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`meaning and equal in scope to the usage of the phrase “documents or electronically stored
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`information” in Federal Rule of Civil Procedure 34(a)(1)(A), and includes, without limitation,
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`“writings,” “recordings,” and “photographs,” both “originals” and “duplicates,” as those terms are
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`defined in Federal Rule of Evidence 1001. The term “Documents” specifically includes all
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`electronic versions of any particular document and any associated metadata.
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`14.
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`“Thing” shall be construed using the broadest possible construction under the
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`Federal Rules of Civil Procedure.
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`15.
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`“Advanced Process Control” or “APC” means any computer integrated system or
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`factory automation hardware or software for monitoring and/or controlling processes and tools
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`4
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`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 12 of 36
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`used in the manufacture, fabrication, assembly and/or production of semiconductor systems,
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`devices, components, and/or integrated circuits.
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`16.
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`“Fault Detection and Classification” or “FDC” means any computer integrated
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`hardware or software for the detection and/or classification of manufacturing-related fault events
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`in the manufacture, fabrication, assembly and/or production of semiconductor systems, devices,
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`components, and/or integrated circuits.
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`17.
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`“YieldStar” refers to any and all metrology and inspection systems designed,
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`developed, assembled, and/or manufactured by ASML, including without limitation ASML’s
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`optical metrology systems (e.g., YieldStar 1385, YieldStar 1375F, YieldStar 375F, YieldStar
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`380G, YieldStar 375) and E-beam metrology and inspection systems (e.g., HMI eScan 600, HMI
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`eScan 430, HMI eP5, and HMI eScan 1000), as well as all models, versions, and their predecessors
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`(e.g., YieldStar S-250, YieldStar S-200, and YieldStar S-100).
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`18.
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` “TWINSCAN” refers to any and all lithography systems designed, developed,
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`assembled, and/or manufactured by ASML, including ASML’s deep ultraviolet (DUV)
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`lithography systems (e.g., NXT:2050i, NXO:2000i, NXT:1980Di, NXT:1970:Ci, NXT:1470,
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`XT:1460K, XT:1060K, XT:860M, and XT:400L) and extreme ultraviolet (EUV) lithography
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`systems (e.g., NXE:3600D and NXE:3400C), as well as lithography systems that utilize more than
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`one wafer table (e.g., AT:1100, AT:750, AT:400, and XT:400L), and their predecessors.
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`19.
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`“E3” refers to Applied Materials’ E3 framework, platform, hardware, and/or
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`software and all equipment modules of E3 (e.g., E3 FDC, E3 R2R (Run-to-Run Control), E3 SPC
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`(Statistical Process Control)) as well as all models, versions, and their predecessors.
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`20.
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`“Smart Factory” refers to Applied Materials’ SmartFactory Productivity Solution
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`framework, platform, hardware and/or software and all equipment modules of SmartFactory (e.g.,
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`5
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`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 13 of 36
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`SmartFactory APF (Advanced Productivity Family) RTD (Real Time Dispatcher), SmartFactory
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`Scheduling (SmartSched), and SmartFactory Activity Manager) as well as all models, versions,
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`and their predecessors.
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`21.
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`“Exensio” refers to PDF Solutions’ Exensio framework, platform, hardware and/or
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`software and all equipment modules of Exensio (e.g., Exensio Control) as well as all models,
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`versions, and their predecessors.
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`22.
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`“Manufacturing Equipment” shall mean any and all of ASML’s TWINSCAN and
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`YieldStar, Applied Materials’ E3 and SmartFactory, and PDF Solutions’ Exensio, and their
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`respective frameworks, platforms, hardware and/or software and all equipment modules.
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`23.
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`“Equipment Manufacturers” shall mean any and all manufacturers of
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`Manufacturing Equipment including but not limited to ASML, Applied Materials, and PDF
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`Solutions.
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`24. MES” shall mean any and all manufacturing execution system used for monitoring,
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`tracking, and/or documenting the process of manufacturing, fabricating, and/or assembling the
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`Infringing Instrumentalities.
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`25.
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`The terms “sale” and “sold” means the transfer of title to property from one party
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`to another and includes the granting of a license with respect to products containing software or
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`firmware.
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`26.
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`“Communication” shall mean any transmission of information in any context or
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`situation by or between two or more persons by any means or medium whatsoever, whether in the
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`form of an original, a draft, or a copy; whether stored in hard copy, electronically or digitally, or
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`on tape; either orally or in writing, including but not limited to, conversations, correspondence,
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`electronic mails, telexes, facsimile transmissions, telecopies, recordings in any medium of oral,
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`6
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`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 14 of 36
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`written, or typed communications, telephone or message logs, notes or memoranda relating to
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`written or oral communications, and any translation thereof.
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`27.
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`“Identify” and “identity” shall each mean:
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`a.
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`as applied to an individual: to state the individual’s full name, present or
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`last known address and telephone number, present or last known employer, present or last
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`known business address and telephone number, present and prior employment positions
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`and corresponding dates of such positions, and a description of his or her present
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`employment responsibilities;
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`b.
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`as applied to a Person other than a natural person (including but not limited
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`to any business or other entity): to state the Person’s full name, place and date of
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`incorporation or formation, principal place of business or activity, and the identity of the
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`natural persons within that entity having knowledge of the matter with respect to which
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`that entity is named;
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`c.
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`as applied to a Document (whether or not any claim of privilege is made in
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`respect thereof): to state the type of Document, the date of creation of the Document, the
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`date of communication of the Document, the names and Identities of the individuals who
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`drafted, authored, or signed the Document or to whom a copy thereof was addressed or
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`sent, a summary of the subject matter of the Document, the number of pages of the
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`Document, the present whereabouts of the Document, including, without limitation, all
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`originals and copies, and the name and address of the present or last-known custodian of
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`the Document;
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`d.
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`as applied to a Thing (including, without limitation, any products or
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`software manufactured, developed, or sold by You): to state the date that the Thing was
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`7
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`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 15 of 36
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`first utilized or made available for use in commerce, all versions, parts, or revision numbers
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`or codes, all product names, and all team names or project titles used in connection with
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`the design, development, testing, or engineering of that product or software;
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`e.
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`as applied to a process: to state the date that the process was first used, the
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`date that products or goods sold through the process were first sold, all numbers or codes
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`used to refer to the process, including but not limited to, process revision numbers or codes,
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`all process names, and all team names or project titles used in connection with the design,
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`development, testing, or engineering of that process; or
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`f.
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`as applied to a Communication: to state the type of the Communication, the
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`date and the parties to such Communication, and if such Communication has been recorded
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`in documentary form, to identify all Documents recording such Communication.
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`28.
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` “Information” shall mean information in any form, including but not limited to,
`
`documentary, electronic, graphical, or tabular, and communicated by any means, including but not
`
`limited to, orally, in writing, or via electronic Communication.
`
`29.
`
`“Describe,” when used in relation to an act, event, instance, occasion, transaction,
`
`conversation, or Communication, shall mean: (1) to state the date and place thereof; (2) to identify
`
`the individual participants; (3) to summarize separately for each individual participant what was
`
`said or done; and (4) to identify each Document used or prepared in connection therewith or
`
`making any reference thereto.
`
`30.
`
`“Date” shall mean the exact date, if known, or the closest approximation to the
`
`exact date as can be specified, including, without limitation, the year, month, week in a month, or
`
`part of a month.
`
`
`
`8
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`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 16 of 36
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`31.
`
`“Relate to,” “related to,” “relating to,” or “concerning” shall mean in whole or in
`
`part, constituting, containing, embodying, reflecting, describing,
`
`involving, supporting,
`
`contradicting, evidencing, analyzing, identifying, mentioning, stating, referring directly or
`
`indirectly to, dealing with, or in any way pertaining to.
`
`32.
`
`The term “possession” means all Information or Documents actually within Your
`
`(including any employee, consultant, aide or other representative (including without limitation
`
`attorneys and accountants) and any other Person acting or purporting to act on Your behalf or in
`
`concert with You) knowledge, possession, custody or control, and includes any temporary placing
`
`of possession, custody or control in any third party by any of the foregoing Persons.
`
`33.
`
`As used herein, the singular form of a term shall be interpreted to include the plural
`
`and vice versa.
`
`34.
`
`As used herein, the masculine form of a term shall be interpreted to include the
`
`feminine form and vice versa.
`
`35.
`
`Except where the context does not permit, the term “including” shall be without
`
`limitation.
`
`36.
`
`Except where the context does not permit, the terms “and” and “or” shall be both
`
`conjunctive and disjunctive.
`
`37.
`
`38.
`
`“Any” means “any and all.”
`
`The term “Product” or “Products” means any and all components, subcomponents,
`
`auxiliary components, and accessory products.
`
`INSTRUCTIONS
`
`39.
`
`Each request shall be answered pursuant to Fed. R. Civ. Proc. Rule 45.
`
`
`
`9
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`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 17 of 36
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`40.
`
`If You object to any portion of the subpoena, please state the grounds for the
`
`objection and the categories of information to which the objection applies. Please provide a
`
`response to the request to the extent that it is not deemed objectionable.
`
`41.
`
`If You have no documents responsive to a particular subpoena request, please state
`
`that You have no such responsive documents.
`
`42.
`
`Please produce documents (1) as they are kept in the ordinary course of business,
`
`complete with the original file folders, binders or other containers in which they are stored (or
`
`legible copies of the labels from those folders, binders, or containers) or (2) organized according
`
`to document requests to which they are responsive.
`
`43.
`
`44.
`
` Please affix production numbers to each page that You produce.
`
`In lieu of making documents available for inspection and copying at the date and
`
`time specified on the face of the subpoena, You may produce exact copies of the requested
`
`documents on or before the date specified on the face of the subpoena, directed to the attention of
`
`the issuing officer of the subpoena.
`
`45.
`
`The Order Governing Proceedings (“OGP”) governing the above-captioned matters
`
`contains default provisions governing the disclosure of confidential information. A copy of the
`
`OGP is enclosed herewith. The OGP allows You to designate information that You consider
`
`confidential by placing the appropriate designation on each page of such document.
`
`
`
`
`
`
`
`10
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`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 18 of 36
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`REQUESTS FOR PRODUCTION OF DOCUMENTS
`
`
`REQUEST FOR PRODUCTION NO. 1
`
`
`
`Documents sufficient to show the use, utilization, installation, implementation, and/or
`
`deployment of any Manufacturing Equipment in any of Your manufacturing and/or fabrication
`
`facility in connection with Your manufacture, fabrication, and/or assembly of any and all
`
`Infringing Instrumentalities for any Defendant, including the identification of all versions and
`
`models of any such system and the location of such use, utilization, installation, implementation,
`
`and/or deployment including the location of any and all such fabrication facilities.
`
`REQUEST FOR PRODUCTION NO. 2
`
`
`
`Purchase or sales orders, invoices, purchase agreements, sales agreements, and/or
`
`supplier agreements relating to any Manufacturing Equipment.
`
`REQUEST FOR PRODUCTION NO. 3
`
`Documents relating to the design, development, operation, and/or implementation of any
`
`APC and/or FDC hardware, software, systems, components, and/or modules by any entity other
`
`than Applied Materials or PDF Solutions that are/were used, utilized, installed, implemented
`
`and/or deployed in Your manufacturing, fabrication, and/or assembly tool, equipment, and/or
`
`facility in connection with Your manufacturing, fabrication, and/or assembly of any Infringing
`
`Instrumentalities, including any in-house and/or proprietary APC and/or FDC hardware,
`
`software, systems, components, and/or modules designed, developed, operated, and/or
`
`implemented by You.
`
`REQUEST FOR PRODUCTION NO. 4
`
`Documents sufficient to show the identity and role played by any and all Defendants in
`
`the design, development, manufacture, testing, and/or importation of the Infringing
`
`
`
`11
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`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 19 of 36
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`Instrumentalities that are/were fabricated, manufactured, and/or assembled by You using any
`
`Manufacturing Equipment.
`
`REQUEST FOR PRODUCTION NO. 5
`
`
`
`Documents sufficient to identify any and all systems, devices, components, or integrated
`
`circuits manufactured, fabricated, and/or assembled on behalf of any and all Defendants using
`
`any Manufacturing Equipment, including the identification of any and all applicable technology
`
`node(s) for which each such system is/was used.
`
`REQUEST FOR PRODUCTION NO. 6
`
`Documents relating to Your agreement or contract with any and all Defendants to
`
`fabricate, manufacture, and/or assemble those systems, devices, components, and/or integrated
`
`circuits described in Request for Production No. 17, including, without limitation, master service
`
`agreements, partnership agreements, development agreements, contract manufacturing
`
`agreements, manufacturing supply agreements, supplier agreements, distribution agreements,
`
`manufacturing contract service level agreements, and semiconductor purchase agreements.
`
`REQUEST FOR PRODUCTION NO. 7
`
`Documents relating to any agreement between You and any Equipment Manufacturer or
`
`any of the Defendants to be indemnified by, or to indemnify, any Equipment Manufacturer or
`
`any of the Defendants for patent infringement in connection with Your use, utilization,
`
`installation, implementation, and/or deployment of any Manufacturing Equipment.
`
`REQUEST FOR PRODUCTION NO. 8
`
`Documents sufficient to show the set-up, configuration, maintenance, and operation of
`
`the Manufacturing Equipment including describing how You set up, configure, maintain, and/or
`
`operate the Manufacturing Equipment involved in the manufacture, fabrication, and/or assembly
`
`of any and all Infringing Instrumentalities.
`
`
`
`12
`
`

`

`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 20 of 36
`
`REQUEST FOR PRODUCTION NO. 9
`
`Documents sufficient to show technical, hardware, or software support requested by You
`
`and sent to any of the Equipment Manufacturers in connection with Your use, utilization,
`
`installation, implementation, and/or deployment of any and all Manufacturing Equipment.
`
`REQUEST FOR PRODUCTION NO. 10
`
`Documents sufficient to show the sales volume, revenues, costs of goods sold, gross
`
`profits, operating costs, operating profits, and/or net profits directly or indirectly related to the
`
`manufacture, fabrication, and/or assembly of systems, devices, components, or integrated
`
`circuits, including the Infringing Instrumentalities, that are/were manufactured, fabricated, and/or
`
`assembly on behalf of any and all Defendants in connection with Your use, utilization,
`
`installation, implementation, and/or deployment of the Manufacturing Equipment from 2014 to
`
`the present.
`
`REQUEST FOR PRODUCTION NO. 11
`
`Documents sufficient to show any manufacturing equipment, tool, and/or platform used,
`
`utilized, installed, implemented, and/or deployed in any of Your manufacturing and/or
`
`fabrication facilities that includes an adjustable wafer stage.
`
`REQUEST FOR PRODUCTION NO. 12
`
`Documents relating to identifying, detecting and/or determining whether a
`
`manufacturing-related fault exists in Your manufacturing and/or fabrication tool and/or
`
`equipment used for Your manufacture, fabrication, and/or assembly of any and all Infringing
`
`Instrumentalities, any subsequent remedial actions taken in response to a manufacturing related
`
`fault, as well as manufacturing-related actions taken by You in response to such manufacturing
`
`
`
`13
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`Case 6:20-cv-01213-ADA Document 70-2 Filed 03/04/22 Page 21 of 36
`
`and/or fabrication tool and/or equipment being malfunctioned, inoperable, and/or defective
`
`during such manufacture, fabrication, and/or assembly.
`
`REQUEST FOR PRODUCTION NO. 13
`
`Documents relating to the translation of communications or data connection protocols
`
`(e.g., SECS (SEMI equipment communication standard), TCP/IP, OPC (OLE for Process
`
`Control), TIBCO, and ODP (optical data profiling)) between Your manufacturing and/or
`
`fabrication tool and/or equipment and Your FDC system, platform, and/or framework.
`
`REQUEST FOR PRODUCTION NO. 14
`
`Documents sufficient to show the scheduling of factory events, preventive maintenance
`
`(“PMs”), manufacturing tasks and/or qualification tests (“Quals”) in connection with Your
`
`manufacturing and/or fabrication tool and/or equipment used for Your manufacture, fabrication,
`
`and/or assembly of any and all Infringing Instrumentalities, including, without limitation,
`
`scheduling of processing for lots and/or wafers, manufacturing and/or fabrication tool and/or
`
`equipment, PMs and Quals, and/or manufacturing resources in connection with Your
`
`manufacture, fabrication and/or assembly of the Infringing Instrumentalities.
`
`REQUEST FOR PRODUCTION NO. 15
`
`Documents sufficient to show Your manufacturing execution system (“MES”) used,
`
`utilized, installed, implemented, and/or deployed at any of Your manufacturing and/or
`
`fabrication facilities in connection with Your manufacturing and/or fabrication tool and/or