Case 6:21-cv-00755-ADA Document 70-2 Filed 06/10/22 Page 1 of 16
`Case 6:21-cv-00755-ADA Document 70-2 Filed 06/10/22 Page 1 of 16
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`EXHIBIT HH
`EXHIBIT HH
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`Case 6:21-cv-00755-ADA Document 70-2 Filed 06/10/22 Page 2 of 16
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`
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`Case No.: 6:21-cv-00755-ADA
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`JURY TRIAL DEMANDED
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`
`GENTEX CORPORATION and INDIGO
`TECHNOLOGIES, LLC,
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`Plaintiffs,
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`THALES VISIONIX, INC.,
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`
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`Involuntary Plaintiff,
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`v.
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`FACEBOOK, INC. and FACEBOOK
`TECHNOLOGIES, LLC,
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`
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`Defendants.
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`PLAINTIFFS GENTEX CORPORATION AND INDIGO TECHNOLOGIES, LLC’S
`FIRST SET OF REQUESTS FOR THE PRODUCTION OF
`DOCUMENTS (NOS. 1-47) TO DEFENDANTS
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`Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, Local Rule CV-26,
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`and the Order Governing Proceedings, Plaintiffs Gentex Corporation and Indigo Technologies,
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`LLC (collectively, “Plaintiffs”), by and through undersigned counsel, submit to Meta Platforms,
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`Inc. and Meta Platforms Technologies, LLC (collectively, “Defendants”) the following requests
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`for the production of documents. Responses to these requests shall be served upon Adam D.
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`Harber, Williams & Connolly LLP, 680 Maine Avenue SW, Washington DC 20024, within 30
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`days from service of these requests. The requests shall be read and interpreted in accordance
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`with the definitions and instructions set forth below.
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`DEFINITIONS
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`1.
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`“Meta” means Meta Platforms, Inc., any past or present officers thereof, directors,
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`employees, divisions, subsidiaries, affiliates, predecessors and successors, investors,
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`shareholders, any joint venture to which either may be a party, contractors, consultants,
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`representatives, agents, and accountants, including any person who served in any such capacity
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`at any time.
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`2.
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`“Meta Technologies” means Meta Platforms Technologies, LLC, any past or
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`present officers thereof, directors, employees, divisions, subsidiaries, affiliates, predecessors and
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`successors (including but not limited to Facebook Technologies, LLC and Oculus VR, Inc.),
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`investors, shareholders, any joint venture to which either may be a party, contractors,
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`consultants, representatives, agents, and accountants, including any person who served in any
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`such capacity at any time.
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`3.
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`As used herein, the terms “you,” “your,” and “yours,” means Meta and Meta
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`Technologies, collectively.
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`4.
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`Subject to any agreement by the parties, as used herein, the term “document” shall
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`be interpreted in the most comprehensive and inclusive sense in light of the Federal Rule of Civil
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`Procedure 34 and includes the original and any non-identical copies (including those with any
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`notations, marks, alterations, comments, or other changes) of any written, typed, printed or
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`otherwise recorded matter, however produced or reproduced, of every kind and description, in
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`whatever form (e.g., draft and final version) that are in your actual or constructive possession,
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`custody, care, or control, including but not limited to all writings, devices, components,
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`computer data, computer generated documents, computer disks or data tapes, electronically
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`stored information, or any other writings or tangible things which constitute or contain matters
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`within the scope of Rule 34 of the Federal Rules of Civil Procedure or Rule 1001 of the Federal
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`Rules of Evidence. The documents requested include all attachments to the specifically described
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`documents and all other materials that originally accompanied them.
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`5.
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`As used herein, the term “Oculus Products” means any headset that is currently or
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`has been previously made, used, sold, offered for sale, and/or imported by you, including but not
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`limited to the Oculus Rift, Oculus Rift S, Oculus Quest, Oculus Quest 2, and Meta Quest 2.
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`6.
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`As used herein, the term “Accused Products” means any products accused of
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`infringement by Plaintiffs in this case, including but not limited to the Oculus Rift S, Oculus
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`Quest, Oculus Quest 2, and Meta Quest 2, with their respective related instructions, systems,
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`services, and software.
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`7.
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`As used herein, the term “representative” means any consultant, expert, attorney,
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`contractor, or other person engaged by the designated entity to perform some task or assignment
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`for the entity.
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`8.
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`As used herein, the term “employee” means any director, trustee, officer,
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`employee, agent, consultant, partner, corporate parent, subsidiary, affiliate, or servant of the
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`designated entity, whether active or retired, full-time or part-time, current or former, and
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`compensated or not.
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`9.
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`As used herein, the term “communication” means any transmission of information
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`from one person to another, including, without limitation, by personal meeting, telephone,
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`facsimile, electronic transmission, including electronic mail, and teleconference.
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`10.
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`As used herein, the term “thing” shall be interpreted in the most comprehensive
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`and inclusive sense in light of the Federal Rule of Civil Procedure 34 and means any physical
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`article responsive to the request that is not a document and which is in the possession, custody,
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`or control of Defendants.
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`11.
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`As used herein, the terms “person” and “entity” mean any natural person and any
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`other cognizable entity, including, without limitation, corporations, proprietorships, partnerships,
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`joint ventures, joint marketing entities, businesses, consortiums, clubs, associations, foundations,
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`governmental agencies or instrumentalities, societies, and orders.
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`12.
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`As used herein, the phrase “refer or relate to” shall be understood to apply if the
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`document evidences, mentions, discusses, constitutes, concerns, relates, refers to (directly or
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`indirectly), or in any other way pertains to the subject matter of the request.
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`13.
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`As used herein, the terms “and” as well as “or” shall be construed either
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`disjunctively or conjunctively, and references shall be construed either as singular or plural, as
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`necessary to bring within the scope of these requests any information or documents and things
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`that might otherwise be construed to be outside their scope.
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`14.
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`As used herein, the term “all” shall be construed to mean all or any, and the term
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`“any” shall be construed to mean all or any.
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`15.
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`16.
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`As used herein, the term “including” means “including but not limited to.”
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`As used herein, the phrase “Patents-in-Suit” shall be construed to mean United
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`States Patent Nos. 6,757,068 (the “’068 patent”), 7,301,648 (the “’648 patent”), 8,224,024 (the
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`“’024 patent”), 6,922,632 (the “’632 patent”), and 7,725,253 (the “’253 patent”), each of which
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`individually is a “Patent-in-Suit.”
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`17.
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`As used here, the phrase “prior art” shall mean the subject matter described in
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`35 U.S.C. § 102 and/or § 103, including but not limited to publications, patents, physical devices,
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`products, prototypes, uses, sales, offers for sale, and any documents evidencing the foregoing.
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`18.
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`As used herein, the term “P2P Pose Solver” means any source code implemented
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`or used at any time by the Accused Products that combines (i) measurements or information
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`about the orientation of an object with (ii) data representing two points associated with the object
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`in an image obtained from a camera (computer vision or other bearing sensors)—to determine
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`the position or pose of an object, including but not limited to the “P2P pose solver” described in
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`the Oculus blog post “Tracking Technology Explained: LED Matching,” available at
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`https://developer.oculus.com/blog/tracking-technology-explained-led-matching/, and all source
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`code called by or implementing such functionality.
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`INSTRUCTIONS
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`1.
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`The original and any non-identical copy of each document or thing requested
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`herein which is in your possession, custody, or control, or that any of your agents, attorneys,
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`accountants, employees, or representatives, is to be produced. If the original is not in your
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`possession, custody, or control, a full, clear, legible copy thereof is to be produced.
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`2.
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`Each request shall be answered fully unless it is in good faith objected to, in
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`which event the reasons for your objection shall be stated in detail. If an objection pertains to
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`only a portion of a request, or a word, phrase, or clause contained within a request, you are
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`required to state your objection to that portion only and respond to the remainder of the request,
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`using your best efforts to do so. Your responses and the objections, if any, are to be signed by
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`the attorney making them.
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`3.
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`If any responsive document or thing was, but no longer is, in your possession,
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`custody, or control, state precisely what disposition was made of it and identify the person who
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`ordered or authorized such disposition.
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`4.
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`If Defendants have no documents or things responsive to a particular request, it is
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`requested that they so state.
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`5.
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`Pursuant to Federal Rule of Civil Procedure 34, each document and thing
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`produced in response hereto is to be produced as it is kept in the usual course of business.
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`6.
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`If you assert that any document or thing required to be produced is privileged or
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`otherwise protected from discovery, then as to such documents and things for which a claim of
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`privilege or attorney work product is made, a privilege log shall be furnished, which, unless the
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`parties agree otherwise, includes the following information, at a minimum:
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`(a)
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`The place, date, and manner of recording, creating, or otherwise preparing the
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`document or thing;
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`(b)
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`(c)
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`(d)
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`The name and organizational position, if any, of each sender;
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`The name and organizational position, if any, of each recipient or custodian;
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`The name and organizational position, if any, of each person participating in the
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`preparation or creation of the document or thing;
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`(e)
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`The name and organizational position, if any, of each person to whom the
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`contents of the document or thing or any portion thereof have heretofore been
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`communicated by copy, exhibition, reading, or summarization;
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`(f)
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`The general subject matter of the document, sufficient to identify the document;
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`and
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`(g)
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`A statement of the basis on which privilege or attorney work product is claimed
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`regarding each document or thing and whether or not its contents are limited
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`solely to legal advice or information provided for the purpose of securing legal
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`advice.
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`7.
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`If in responding to any of these requests you encounter any ambiguity in
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`construing the request or any definition or instruction relevant to the request, set forth the matter
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`deemed ambiguous and the construction selected or used in responding to the request.
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`8.
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`To the extent provided by Federal Rules of Civil Procedure 26 and 34, the
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`requests propounded herein shall be deemed continuous up to and following the trial of this
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`proceeding such that any document or thing requested herein which is either discovered by you
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`or comes within your possession, custody, or control subsequent to your initial production, but
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`before the final conclusion of this case, should be produced in a supplemental production
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`immediately upon its discovery or receipt by you.
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`Case 6:21-cv-00755-ADA Document 70-2 Filed 06/10/22 Page 9 of 16
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`REQUESTS FOR PRODUCTION
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`1.
`All documents relating or referring to any of the Patents-in-Suit or any patent or
`patent application that resulted in, or shares a priority claim with, any of the Patents-In-Suit.
`2.
`All documents relating or referring to any named inventor of the Patents-in-Suit.
`3.
`All documents relating or referring to Plaintiffs, Thales Visionix, Inc., and/or
`InterSense Inc., or any product marketed or sold by any of them.
`4.
`All non-privileged documents relating to any contention that you or the Accused
`Products do not directly or indirectly infringe any claim of the Patents-in-Suit, including all
`evidence on which you intend to rely to support any non-infringement defense.
`5.
`All non-privileged documents relating to any of your affirmative defenses,
`including all evidence on which you intend to rely to support such defenses.
`6.
`All non-privileged documents relating to any contention that any claim of the
`Patents-in-Suit is invalid and/or unenforceable due to double-patenting and/or failure to meet one
`or more of the conditions of patentability and/or patent eligibility specified in Title 35 of the
`United States Code, including, without limitation, sections 101, 102, 103, and/or 112, including
`all evidence on which you intend to rely to support any such contention.
`7.
`All documents relating to any alleged prior art to the Patents-in-Suit.
`8.
`All documents relating to any searches performed by you or on your behalf of
`patents or other prior art relating to the Patents-in-Suit or any patent or patent application that
`resulted in, or shares a priority claim with, any of the Patents-In-Suit, including, but not limited
`to, enforceability searches, infringement searches, validity searches, and prior art searches.
`9.
`All documents relating to any opinion, request for opinion, evaluation, analysis,
`investigation, or search relating to the validity, scope, interpretation, construction, enforceability,
`unenforceability, or the infringement or potential infringement of any of the claims of the
`Patents-in-Suit or any patent or patent application that resulted in, or shares a priority claim with,
`any of the Patents-In-Suit.
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`10.
`All documents relating to any due diligence, valuation analysis, IP analysis, or
`other analysis you conducted or received in conjunction with your purchase of Oculus VR, Inc.
`11.
`All documents evidencing or relating to when you first became aware of any of
`the Patents-in-Suit or any patent or patent application that resulted in, or shares a priority claim
`with, any of the Patents-In-Suit.
`12.
`All documents relating to any planned, potential, or implemented design-around
`of any claim of the Patents-in-Suit, including any documents evidencing the cost and/or effects
`of any such design-around.
`13.
`All documents reflecting or relating to your policies or practices, if any, to avoid
`infringing patents owned by third parties.
`14.
`Documents sufficient to identify all Oculus Products.
`15.
`All documents relating to the conception, design, development, implementation,
`testing, production, or operation of the functionality in each Accused Product relating to tracking
`objects, limbs, parts of limbs, heads, or other points, including but not limited to internal or
`external documentation, requirements documents, source code documentation, functional
`specifications, design specifications, operations specifications, or other specifications.
`16.
`All documents relating to the conception, design, architecture, development,
`implementation, organization, testing, production, or operation of the functionality in each
`Accused Product relating to sensors (including but not limited to cameras, inertial measurement
`units, and range sensors), including but not limited to internal or external documentation,
`requirements documents, source code documentation, functional specifications, design
`specifications, operations specifications, or other specifications.
`17.
`All developer documentation relating to the Accused Products, including but not
`limited to internal and external software development kits and associated documentation.
`18.
`All manuals, guides, instructions, and product documentation for each Accused
`Product.
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`Case 6:21-cv-00755-ADA Document 70-2 Filed 06/10/22 Page 11 of 16
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`19.
`Organizational charts or other documents sufficient to establish, on an annual
`basis, the organizational structure and reporting relationships within the executive, marketing,
`research and development, marketing, sales, and legal departments of Meta relating to the Oculus
`Products, and sufficient to show the individuals holding positions in those departments, from
`2012 to the present.
`20.
`Documents sufficient to identify any teams or departments within Meta that are
`involved in the researching, engineering, conceiving, designing, developing, operating, testing,
`implementing, producing, distributing, marketing or selling of each Accused Product.
`21.
`Documents sufficient to identify the persons most knowledgeable about the
`research, engineering, conceiving, designing, developing, operating, testing, implementing,
`producing, distributing, marketing and selling of each Accused Product.
`22.
`All documents relating to any benefits or advantages of Oculus Insight and/or
`inside-out tracking (or any tracking without external sensors), including but not limited to
`internal or external research, analyses, studies, or presentations.
`23.
`All documents relating to the economic value of Oculus Insight and/or inside-out
`tracking (or any tracking without external sensors).
`24.
`All documents relating or referring to the decision to implement Oculus Insight
`and/or inside-out tracking (or any tracking without external sensors) in the Accused Products,
`including but not limited to documents relating to the business justification for implementing the
`feature, documents relating to the drawbacks of not having the feature, and documents relating to
`failed attempts to implement the feature.
`25.
`All documents relating to any benefits or advantages of, the importance of, or the
`effect on the Accused Products and the user experience of a P2P Pose Solver or functionality it
`enables, including but not limited to internal or external research, analyses, studies, or
`presentations.
`26.
`All documents relating to the economic value of a P2P Pose Solver or
`functionality it enables.
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`27.
`All documents showing or relating to how frequently any P2P Pose Solver is
`invoked, or projecting how frequently it is or will be invoked.
`28.
`All sales literature, marketing literature, marketing presentations, brochures,
`flyers, advertisements, pamphlets, and sales presentations for each Accused Product, and any
`other documents concerning the promotion, marketing, or advertising of each Accused Product.
`29.
`All market studies, marketing presentations, and any other documents relating to
`demand for each Oculus Product.
`30.
`All documents concerning the market for virtual reality products.
`31.
`All documents relating to any improvements or benefits of any Accused Product
`as compared to prior products produced by you, including other Oculus Products.
`32.
`Documents sufficient to show, for each Accused Product on a monthly basis from
`2015 to the present day, such product’s unit sales, revenues, gross profit, net profit, average unit
`sales price, list price, cost of goods sold (COGS), operating costs attributed to such product (i.e.,
`other costs that are attributable to the product but not included in COGS, such as SG&A), and
`profitability.
`33.
`Documents sufficient to show sales of Oculus products used in conjunction with
`the Accused Products (including but not limited to applications and accessories), including such
`product’s unit sales, revenues, gross profit, net profit, average unit sales price, list price, cost of
`goods sold (COGS), operating costs attributed to such product (i.e., other costs that are
`attributable to the product but not included in COGS, such as SG&A), and profitability.
`34.
`All documents relating to business plans or projections concerning the Accused
`Products, including but not limited to their sales, revenues, or profitability.
`35.
`Documents sufficient to show the pricing and promotional strategy for each
`Accused Product.
`36.
`All documents constituting, relating, or referring to license agreements, and
`proposed license agreements, whether or not ultimately executed, related to the Oculus Products
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`Case 6:21-cv-00755-ADA Document 70-2 Filed 06/10/22 Page 13 of 16
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`or that you contend are relevant to the determination of damages in this action, including, but not
`limited to, license agreements, covenants, releases, and settlements.
`37.
`All documents constituting, relating, or referring to agreements with third parties
`for the provision of technology used in or related to the Oculus Products, or that you contend are
`relevant to the determination of damages or infringement in this action.
`38.
`All documents relating or referring to your policies, procedures, and practices
`regarding licensing patents and technology.
`39.
`All documents relating or referring to royalties paid on licenses granted by or to
`Meta relating to the Oculus Products.
`40.
`All documents received from any third party in response to any subpoena issued
`in connection with this litigation.
`41.
`All documents between or among you and any other person or entity concerning
`this litigation, the Patents-in-Suit, or potential alleged prior art to the Patents-in-Suit.
`42.
`All documents identified in your disclosures under Rule 26(a)(1).
`43.
`All documents relating Meta’s pricing and sales practices relating to the Accused
`Products, including whether it chooses to price the products as loss leaders, such documents
`including but not limited to documents relating to any investigation by the Federal Trade
`Commission of Meta’s Virtual Reality division, Meta’s Reality Labs division, or Meta’s pricing
`and/or sales practices relating to the Accused Products.
`44.
`All documents relating or referring to any discussion of the Oculus Products at
`any meeting of your Board of Directors, including but not limited to meeting minutes or
`presentations.
`45.
`Five samples of each Accused Product.
`46.
`Three samples of each prior version of the Oculus Products before you began
`selling the Accused Products.
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`Case 6:21-cv-00755-ADA Document 70-2 Filed 06/10/22 Page 14 of 16
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`47.
`Documents sufficient to show your policies and practices with respect to the
`retention of documents from the predecessor companies of Meta Technologies, including but not
`limited to Oculus VR, Inc.
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`Case 6:21-cv-00755-ADA Document 70-2 Filed 06/10/22 Page 15 of 16
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`Respectfully Submitted,
`
` /s/ Adam D. Harber
`J. Mark Mann
`State Bar No. 12926150
`MANN | TINDEL | THOMPSON
`300 West Main Street
`Henderson, Texas 75652
`Tel: 903-657-8540
`Fax: 903-657-6003
`mark@themannfirm.com
`
`David I. Berl (pro hac vice)
`Adam D. Harber (pro hac vice)
`Elise M. Baumgarten (pro hac vice)
`Melissa B. Collins (pro hac vice)
`D. Shayon Ghosh (pro hac vice)
`Arthur John Argall III (pro hac vice)
`Andrew G. Borrasso* (pro hac vice)
`WILLIAMS & CONNOLLY LLP
`725 Twelfth Street, N.W.
`Washington, D.C. 20005
`Tel: 202-434-5000
`Fax: 202-434-5029
`dberl@wc.com
`aharber@wc.com
`ebaumgarten@wc.com
`mcollins@wc.com
`sghosh@wc.com
`aargall@wc.com
`aborrasso@wc.com
`
` *
`
` Admitted only in Illinois. Practice in the
`District of Columbia supervised by D.C. Bar
`members pursuant to D.C. Court of Appeals
`Rule 49(c)(8).
`
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`Dated: April 26, 2022
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`Case 6:21-cv-00755-ADA Document 70-2 Filed 06/10/22 Page 16 of 16
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`CERTIFICATE OF SERVICE
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`I, D. Shayon Ghosh, hereby certify that on Tuesday, April 26, 2022, I caused a copy of
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`Plaintiffs Gentex Corporation and Indigo Technologies, LLC’s First Set of Requests for the
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`Production of Documents (Nos. 1-47) to Defendants to be served on the following counsel of
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`record in the manner indicated below:
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`BY EMAIL
`
`Jeannie Heffernan
`Bailey Morgan Watkins
`KIRKLAND & ELLIS LLP
`401 Congress Avenue
`Austin, TX 78701
`jeannie.heffernan@kirkland.com
`bailey.watkins@kirkland.com
`
`Ellisen Shelton Turner
`Joshua Glucoft
`KIRKLAND & ELLIS LLP
`2049 Century Park East, Suite 3700
`Los Angeles, CA 90067
`ellisen.turner@kirkland.com
`josh.glucoft@kirkland.com
`
`
`
`Akshay S. Deoras
`KIRKLAND & ELLIS LLP
`555 California Street
`San Francisco, CA 94104
`akshay.deoras@kirkland.com
`
`Paige Arnette Amstutz
`SCOTT, DOUGLASS & MCCONNICO, LLP
`303 Colorado Street, Suite 2400
`Austin, TX 78701
`pamstutz@scottdoug.com
`
`
` /s/ D. Shayon Ghosh
`D. Shayon Ghosh
`WILLIAMS & CONNOLLY LLP
`725 Twelfth St., N.W.
`Washington, D.C. 20005
`Tel: (202) 434-5000
`Fax: (202) 434-5029
`sghosh@wc.com
`
`15
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