Case 6:21-cv-00916-ADA-DTG Document 70 Filed 06/20/22 Page 1 of 4
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`RFCYBER CORP.,
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`v.
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`APPLE, INC.,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Case No. 6:21-cv-00916-ADA
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`JURY TRIAL DEMANDED
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`Plaintiff,
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`Defendant.
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`ORDER ON JUNE 13, 2022 VENUE DISCOVERY DISPUTE HEARING
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`On June 13, 2022, the Court held a discovery hearing regarding venue discovery disputes.
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`This Order memorializes the Court’s rulings as follows:
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`1. RFCyber’s Venue Interrogatory No. 1
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`It is hereby ORDERED that Apple shall respond to Interrogatory No. 1 by identifying all
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`groups or departments that perform(ed) any work related to Apple Pay, Apple Cash, Apple Wallet,
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`Passkit, and/or related software or hardware in the Western District of Texas, by identifying the
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`total number of employees located within the Western District of Texas for each group or
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`department, and by providing the following information for the lead employee and/or managing
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`employee of each department and/or group: (i) name; (ii) title within Apple; (iii) current/former
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`business unit and department; (iv) other current/former working groups within Apple; (v)
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`town/city of residence and area code; (vi) a description of their work related to the Accused
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`Products, including their role and responsibilities.
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`Case 6:21-cv-00916-ADA-DTG Document 70 Filed 06/20/22 Page 2 of 4
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`2. RFCyber’s Venue Interrogatory No. 2
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`It is hereby ORDERED that Apple shall respond to Interrogatory No. 2 by describing the
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`scope and nature of all work related to Apple Pay, Apple Cash, Apple Wallet, Passkit, and/or
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`related software or hardware performed in the Western District of Texas, including but not limited
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`to work related to fraud detection services, development of identity related aspects of Apple Wallet
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`(such as loading your driver’s license into the Wallet), access capabilities (such as using your
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`iPhone as a hotel keycard or as a car key), e-commerce, server-side software for processing
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`payments in instances where Apple is acting as the merchant (such as when a consumer purchases
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`a product through Apple’s website), and quality control testing.
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`3. RFCyber’s Venue Interrogatory No. 3
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`It is hereby ORDERED that Apple shall respond to Interrogatory No. 3 by identifying all
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`document repositories related to Apple Pay, Apple Cash, Apple Wallet, and/or related software or
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`hardware accessible in the Western District of Texas, i.e. the universe of relevant documents
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`referenced in the April 12, 2022 declaration of Mark Rollins, including: (i) the file system or
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`repository on which the documents are kept; (ii) the directory path, URL, or other identifier of the
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`repository or folder in which the documents are accessible; (iii) a description of the documents
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`available in that repository or folder.
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`4. RFCyber’s Venue Interrogatory No. 4
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`It is hereby ORDERED that Apple shall respond to Interrogatory No. 4 by identifying all
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`business travel to the Western District of Texas since January 1, 2018, by any potential witness
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`identified in Apple’s transfer motion to the extent that information is within Apple’s possession,
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`custody, or control (e.g. Tony Diederich, Chris Sharp, Akila Suresh, Manan Biyani, Jayna Whitt,
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`Mark Rollins, Mohammad Anwar Khan, Pradeep Kumar, Roshan Vijayshankar, Ming-Li Liu, and
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`Nahendra Narayanan) or by any other potential witnesses proffered by Apple (i.e. Yousuf Vaid
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`Case 6:21-cv-00916-ADA-DTG Document 70 Filed 06/20/22 Page 3 of 4
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`and Jeff Lasker), including: (i) the dates of that travel; (ii) the locations visited in the Western
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`District of Texas; and (iii) the business purpose of that travel.
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`5. RFCyber’s Venue RFP No. 2
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`RFCyber’s motion to compel production of communications related to this action between
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`Apple Personnel, their representatives or attorneys, and any current or former NXP or Philips
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`Personnel, or their representatives or attorneys is hereby DENIED, however RFCyber is
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`GRANTED leave to serve a subpoena on NXP regarding venue issues other than those
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`communications between Apple and NXP related to this action for which RFCyber’s request for
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`relief was denied.
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`6. RFCyber’s Venue RFP No. 3
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`It is hereby ORDERED that Apple shall respond to RFP No. 3 by producing
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`communications and/or correspondence between Apple’s potential witnesses (e.g. Tony
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`Diederich, Chris Sharp, Akila Suresh, Manan Biyani, Jayna Whitt, Mark Rollins, Yousuf Vaid,
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`and Jeff Lasker) and any Apple personnel in the Western District of Texas related to Apple Pay,
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`Apple Cash, Apple Wallet, Passkit, and/or hardware or software related thereto. If Apple is unable
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`to provide a comprehensive response with non-email documentation within 10 days, then Apple
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`shall expand its production to email communications and/or correspondence. To the extent this
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`discovery request becomes unduly burdensome, the parties are welcome to meet-and-confer and
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`approach the Court for guidance.
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`7. RFCyber’s Venue RFP No. 4
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`It is hereby ORDERED that Apple shall respond to RFP No. 4 by producing all documents
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`describing or defining the scope of work related to Apple Pay, Apple Cash, Apple Wallet, and/or
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`related software or hardware performed by current or former Apple Personnel in the Western
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`Case 6:21-cv-00916-ADA-DTG Document 70 Filed 06/20/22 Page 4 of 4
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`District of Texas, including any documents describing the work described in response to
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`Interrogatory No. 2.
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`Dated: June 20, 2022
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` ________________________________________
`DEREK T. GILLILAND
`UNITED STATES MAGISTRATE JUDGE
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