Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 1 of 61
`Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 1 of 61
`
`EXHIBIT 7
`EXHIBIT 7
`
`

`

`Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 2 of 61
`One Financial Center
`MINTZ LEVIN
`Boston, MA 02111
`617-542-6000
`617-542-2241 fax
`www.mintz.com
`
`Andrew H. DeVoogd 1 617 348 1611 1 dhdevoogd@mintz.com
`
`Apri122, 2016
`
`VIA FEDERAL EXPRESS
`
`NXP Semiconductors USA, Inc.
`c/o Corporation Service Company
`2711 Centerville Rd Suite 400
`Wilmington, DE 19808
`
`Re: (cid:9)
`
`United States International Trade Commission Investigation captioned Certain
`Computing or Graphics Devices, Components Thereof, and Vehicles Containing
`Same
`Investigation No. 337-TA-984
`
`To Whom It May Concern:
`
`On behalf of Complainant Advanced Silicon Technologies LLC ("Advanced Silicon"),
`enclosed please find a subpoena and subpoena application issued today in the above-referenced
`investigation.
`
`Please feel free to contact me if you have any questions or wish to discuss the enclosed.
`Thank you for your attention to this matter.
`
`Sincerely,
`
`4
`~
`~
`Andrew H. DeVoogd
`
`Enclosures
`
`cc: (cid:9)
`
`ASTITC984@mintz.com
`All counsel of record (via email only)
`John Shin, Esq. (via email only)
`
`Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
`
`474~OSW1I LONDON I LOS ANGELES I 1VEW Z'ORK I SAN DIEGO I SAN FRANCISCO I STAMFORD I VUASHINGTON
`
`

`

`Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 3 of 61
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON D.C.
`
`Before The Honorable Thomas B. Pender
`Administrative Law Judge
`
`In the Matter of (cid:9)
`
`CERTAIN COMPUTING OR GRAPHICS (cid:9)
`SYSTEMS, COMPONENTS THEREOF, (cid:9)
`AND VEHICLES CONTAINING SAME (cid:9)
`
`)
`)
`)
`)
`)
`)
`
`Investigation No. 337-TA-984
`
`APPLICATION FOR ISSUANCE OF SUBPOENA DUCES TECUM
`AND SUBPOENA AD TESTIFICANDUM TO
`NXP SEMICONDUCTORS USA, INC.
`
`Complainant Advanced Silicon Technologies LLC ("Advanced Silicon"), pursuant to
`
`Commission Rule 210.32 and Ground Rule 9.10 in this Investigation, hereby applies to the
`
`Administrative Law Judge for the issuance of the attached subpoena duces tecum and ad
`
`testificandum in the matter of Certain Computing or Graphics Systems, Components Thereof,
`
`and Vehicles Containing Same, Investigation No. 337-TA-984 ("Investigation") to:
`
`NXP Semiconductors USA, Inc.
`c/o Corporation Service Company
`2711 Centerville Rd Suite 400
`Wilmington, DE 19808
`
`The subpoena duces tecum and ad testificandum requires NXP Semiconductors USA,
`
`Inc. ("NXP") to produce documents described in Attachment A to the subpoena on May 9, 2016,
`
`or on such other date as agreed upon by Advanced Silicon and NXP, at the offices of Advanced
`
`Silicon's counsel, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo PC ("Mintz Levin"), in
`
`Boston, MA, or at such other location as agreed upon by Advanced Silicon and NXP. The
`
`subpoena further requires NXP to appear and testify at a deposition regarding the topics
`
`Investiaation No. 337-~"A-984
`COMPLAINAN"1'°S SUI3P06NA APPLICATION "1'O NXI' SGMICONDUCTORS USA. INC.
`
`

`

`Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 4 of 61
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`identified in Attachment B to the subpoena on May 13, 2016, or on such other date as agreed
`
`upon by Advanced Silicon and NXP, at the Boston office of Mintz Levin or at such other
`
`location as agreed upon by Advanced Silicon and NXP.
`
`The discovery Advanced Silicon seeks from NXP is relevant to Advanced Silicon's
`
`infringement allegations relating to U.S. Patent Nos. 6,339,428, 6,546,439, 6,630,935, and
`
`8,933,945 asserted in this Investigation. In particular, NXP is a supplier of certain integrated
`
`circuits incorporated into devices manufactured and assembled by the Respondents, which have
`
`been accused of infringement. Through this subpoena, Advanced Silicon seeks NXP documents
`
`and deposition testimony regarding the structure, function, operation and implementation of
`
`NXP iMx6 integrated circuits. Advanced Silicon has tailored the discovery requests narrowly to
`
`minimize the burden upon NXP to comply with the subpoena, and will meet and confer with
`
`NXP to further minimize the burden imposed on NXP by the subpoena.
`
`If issued, Advanced Silicon will serve the application and subpoena on NXP by overnight
`
`delivery. Further, pursuant to Ground Rule 9.10 in this Investigation, all other parties to this
`
`Investigation will receive them on the next business day, at the latest, after the subpoena has
`
`issued. For the reasons set forth above, Advanced Silicon respectfully requests that its
`
`application for issuance of a subpoena duces tecum and ad testificandum be granted and the
`
`attached subpoena to NXP be issued.
`
`Investigation No. 337-TA-984
`COMPLAINAN"I"S SUBPOE'NA APPLICA"I'ION TO NXP SGMICONDUC"I'ORS USA. INC.
`2
`
`

`

`Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 5 of 61
`
`Dated: April 21, 2016 (cid:9)
`
`Respectfully submitted,
`
`/s/ Michael T. Renaud
`Michael T. Renaud
`James M. Wodarski
`Michael J. McNamara
`Andrew H. DeVoogd
`Adam S. Rizk
`1VIINTZ, L,EVIN, COHN, FERRIS,
`GLOVSKY AND POPEO PC
`One Financial Center
`Boston, MA 02111
`Phone: (617) 542-6000
`Fax: (617) 542-2241
`
`Aarti Shah
`MINTZ, LEVIN, COHN, FERRIS,
`GLOVSKY AND POPEO PC
`701 Pennsylvania Avenue NW
`Suite 900
`Washington, DC 20004
`Tel: (202) 434-7300
`Fax: (202) 434-7400
`
`Counsel for Complainant
`Advanced Silicon Technologies LLC
`
`Investieation No. 337-"fA-984
`COMPLAINAN"I'S SUI3POENA APPLICATION TO NXP SEMICONDUCTORS USA. INC.
`3
`
`

`

`Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 6 of 61
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON D.C.
`
`Before The Honorable Thomas B. Pender
`Administrative Law Judge
`
`In the Matter of (cid:9)
`
`CERTAIN COMPUTING OR GRAPHICS (cid:9)
`SYSTEMS, COMPONENTS THEREOF, (cid:9)
`AND VEHICLES CONTAINING SAME (cid:9)
`
`)
`)
`)
`)
`)
`)
`
`Investigation No. 337-TA-984
`
`SUBPOENA DUCES TECUM AND AD TESTIFICANDUM
`
`NXP Semiconductors USA, Inc.
`c/o Corporation Service Company
`2711 Centerville Rd Suite 400
`Wilmington, DE 19808
`
`TAKE NOTICE: By authority of Section 337 of the Tariff Act of 1930, as amended, 19
`
`U.S.C. § 1337, 5 U.S.C. § 556(c)(2), and pursuant to 19 C.F.R. § 210.32 of the Rules of Practice
`
`and Procedure of the United States International Trade Commission, and upon an application for
`
`subpoena made by Complainant Advanced Silicon Technologies LLC:
`
`YOU ARE HEREBY ORDERED to produce at Mintz, Levin, Cohn, Ferris, Glovsky
`
`and Popeo PC ("Mintz Levin"), One Financial Center, Boston, MA 02111, on May 9, 2016, or at
`
`such other place and date as agreed upon, all of the documents and things in your possession,
`
`custody or control listed and described in Attachment A hereto. Such production will be for the
`
`purpose of inspection and copying.
`
`If the production of any document listed and described in Attachment A is withheld on
`
`the basis of a claim of privilege, each withheld document shall be separately identified in a
`
`privileged document list. The privileged document list niust identify each document separately,
`
`Investieation No. 337-TA-984
`COMPLAINAN'f'S SU131'OGNA DUCES I'I;CUM AND nD'I'E'S 1'IPICANDUM "I'O
`NXP SEEMICONDUCTORS USn_ INC.
`
`

`

`Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 7 of 61
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`specifying for each document at least: (1) the date; (2) author(s)/sender(s); (3) recipients(s),
`
`including copy recipients; and (4) general subject matter of the document. The sender(s) and
`
`recipients(s) shall be identified by position and entity (corporation or firm, etc.) with which they
`
`are employed or associated. lf the sender or the recipient is an attorney or a foreign patent agent,
`
`he or she shall be so identified. The type of privilege claimed must be also stated, together with
`
`a certification that all elements of the claimed privilege have been met and have not been waived
`
`with respect to each document.
`
`If any of the documents or things listed and described in Attachment A are considered
`
`"confidential business information," as that term is defined in the Protective Order attached
`
`hereto as Attachment C, such documents or things shall be produced subject to the terms and
`
`provisions of the Protective Order. Any motion to limit or quash this subpoena shall be filed
`
`within ten (10) days after the receipt hereof. The filing of any motion concerning this subpoena
`
`shall comply with Commission Rule 210.4(f) and the Administrative Law Judge's Ground Rules.
`
`YOU ARE HEREBY ORDERED to present yourself for purposes of your deposition
`
`upon oral examination at 9:00 a.m. on May 13, 2016 at Mintz, Levin, Cohn, Ferris, Glovsky &
`
`Popeo PC, One Financial Center, Boston, MA 02111, or on such other date, time, and/or location
`
`as agreed upon, concerning the subject matter set forth in the topics listed in Attachment B
`
`hereto.
`
`This deposition will be taken before a Notary Public, court reporter or other person
`
`authorized to administer oaths and will continue from day to day until completed and may be
`
`videotaped.
`
`Investigation No. 337-TA-984
`COMPL.AINANT'S SUI313OENA DUCL:S TECUM AND AD TESTIPICANDUM "I'O
`NXP SEMICONDUC"I'ORS USA, INC.
`2
`
`

`

`Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 8 of 61
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`If any of your testimony is considered "confidential business information," as that term is
`
`defined in the Protective Order attached hereto as Attachment C, such testimony shall be so
`
`designated and treated according to the terms and provisions of the Protective Order.
`
`Any motion to limit or quash this subpoena shall be filed within ten (10) days after the
`
`receipt hereo£ The filing of any motion concerning this subpoena shall comply with Commission
`
`Rule 210.4(f) and the Administrative Law Judge's Ground Rules.
`
`IN WITNESS WHEREOF the undersigned of the United States International Trade
`
`Commission has hereunto set his hand and caused the seal of the United States International
`J
`Trade Commission to be affixed at Washington, D.Q on this 2~ day of April, 2016.
`
`~
`The Honorable Thomas B. Pender
`Administrative Law Judge
`United States International Trade Commission
`
`Investigation No. 337-TA-984
`COMPLAINANT'S SUPOENA DUCES 'I'ECUM AND AD TE'S"fIFICANDUM TO
`NXP SI:MICONDUCTORS USA, INC.
`3
`
`

`

`Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 9 of 61
`
`ATTACHMENT A
`
`DEFINITIONS
`
`"Advanced Silicon" means Advanced Silicon Technologies LLC.
`
`2.
`
`"Asserted Patents" means, collectively, U.S. Patent Nos. 6,339,428 ("the '428
`
`Patent"), 6,546,439 ("the '439 Patent"), 6,630,935 ("the '935 Patent"), and 8,933,945 ("the '945
`
`Patent").
`
`3.
`
`"Customers" or "Respondents" means any one or more of the following entities:
`
`Bayerische Motoren Werke AG, BMW of North America, LLC, and BMW Manufacturing Co.,
`
`LLC (together, "BMW"); Honda Motor Co., Ltd., Honda North America, Inc., American Honda
`
`Motor Co., Inc., Honda Engineering North America, Inc., Honda of America Mfg., Inc., Honda
`
`Manufacturing of Alabama, LLC, Honda Manufacturing of Indiana, LLC, and Honda R&D
`
`Americas, Inc. (together, "Honda"); Toyota Motor North America, Inc., Toyota Motor Sales,
`
`U.S.A., Inc., Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor
`
`Manufacturing, Indiana, Inc., Toyota Motor Manufacturing, Kentucky, Inc., Toyota Motor
`
`Manufacturing, Mississippi, Inc. (together, "Toyota"); Volkswagen AG, Volkswagen Group of
`
`America, Inc., Volkswagen Group of America Chattanooga Operations, LLC, Audi AG, and
`
`Audi of America, LLC (together, "Volkswagen"); and all past and present direct and indirect
`
`parents, subsidiaries, affiliates, divisions, business units, predecessors in interest; agents of the
`
`foregoing.
`
`4.
`
`"Customer Vehicles" means Vehicles made by or on behalf of Customers, or
`
`otherwise marketed, sold, distributed, advertised, or otherwise disposed of under Customers'
`
`brand names, including without limitation, the following brand names: Toyota, Lexus, Scion,
`
`BMW, MINI, Rolls Royce, Honda, Acura, Volkswagen, Porsche, Bentley, and Audi.
`
`Investigation No. 337-Tn-984
`COMPLAINnNT'S SIJI3PO17NA DUCLS TECUM AND AD "IT'STIFICANDUM'I'O
`NXP SI:MICONDUCI ORS USA, INC.
`ATTACI-IMGNT n
`
`

`

`Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 10 of 61
`
`"Deliverables" means all Customer-facing Documents, Source Code, and
`
`Software that describe the structure, function, operation, and/or implementation of the NXP
`
`Products.
`
`6.
`
`"Document(s)" has the same meaning that it has under Federal Rule of Civil
`
`Procedure 34 and Commission Rule 210.32, and includes electronically stored information as
`
`specified in Federal Rule of Civil Procedure 34. "Document(s)" also includes the files in which
`
`any such document(s) is or are maintained. For the avoidance of doubt, "Document(s)" further
`
`includes, without limitation, bill of materials, supply contracts, programming manuals,
`
`programming guides, software interface specifications, software specifications, software
`
`architecture documents, technical reference manuals, integration guides, programming guides,
`
`training guides, test guides, validation guides, workbench guides, configuration guides,
`
`implementation guides, installation guides, internal development guides, errata and release
`
`information guides, change guides, technical presentations, engineering presentations, marketing
`
`presentations, product roadmap presentations, engineering specifications, requirements
`
`specifications, functional specifications, schematics, hardware architecture specifications,
`
`hardware design manuals, circuit diagrams, user guides, user manuals, manufacturing
`
`specifications, manufacturing work instructions, assembly specifications, and assembly
`
`drawings. Document(s) also includes Documents provided by and/or obtained from Third
`
`Parties within Your possession, custody or control, including Documents available to You upon
`
`request from Third Parties, including without limitation, Documents that You have access to
`
`through an FTP site, secure portal, or any other means provided by a Third Party.
`
`7.
`
`"Integrated Circuit" means an electronic device that contains one or more graphic
`
`processors and/or Memory Management Unit.
`
`Investieation No. 337-1-A-984
`COMPLAINANT'S SUI3POENA DUCL'S'iI:CUM AND AD TLSTIFICANDUM "I'O
`NXI' SFMICONDUC"I'ORS USA, INC.
`A"I"TACHMFNT A
`2
`
`

`

`Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 11 of 61
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`"Memory Management Unit" means all circuitry and Software, of or related to the
`
`Integrated Circuit, that is involved in allocating, managing, prioritizing, scheduling, facilitating
`
`access, and/or routing or storing read or write transactions to memory (e.g., memory controllers).
`
`9.
`
`"NXP" means NXP Semiconductors USA, Inc., Freescale Semiconductor, Inc.,
`
`and all past and present direct and indirect parents, subsidiaries, affiliates, divisions, business
`
`units, and persons acting on behalf of any such entity or entities.
`
`10.
`
`"NXP Product" means iMx6 Integrated Circuits, that were supplied, or will be
`
`supplied between January 1, 2015 and the Target Date of this Investigation, by or on behalf of.
`
`NXP, to a Customer, for use in a Customer Product.
`
`11.
`
`"Optional Equipment" means all accessories or items of optional equipment,
`
`physically attached to or included within the Vehicle at the time of its delivery designated to
`
`satisfy the label and entry requirements of 15 U.S.C. §1232(f)(2).
`
`12.
`
`"Software" means any and all versions of software including, without limitation,
`
`the operating system, operating system kernel, microkernel, firmware, operating system drivers,
`
`system software, virtual machines, compiled programs and applications that are installed on an
`
`NXP Product.
`
`13.
`
`"Source Code" means human-readable programming language text that defines
`
`software, firmware, or electronic hardware descriptions. Source Code files include, but are not
`
`limited to, files containing code in "C," "C++," "Objective-C", "Java," scripting languages, and
`
`assembly programming languages. Source Code files further include "include" files, "make"
`
`files, "link" files, "build" files, synthesis scripts, macros, dynamic code generation, and other
`
`human readable text files used in the design, generation, and/or building of software or hardware
`
`for an application processor, microprocessor, system-on-chip, graphics processor, or menlory
`
`Investiaation No. 337-TA-984
`COMPLnINANT'S SUI3POGNA DUCE'S TECUM AND f1DTESTIFICANDUM "1-0
`NXP SEMICONDUCTORS USA. INC.
`A"I"I nCl-IMI:N"I' n
`3
`
`

`

`Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 12 of 61
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`controller. Further, the term "software" as used above is meant to include operating systems as
`
`well as operating system kernels, libraries and dynamic link libraries ("DLLs"), compiled
`
`programs, applications, and drivers. Source Code files also include, but are not limited to files
`
`containing Source Code in VHDL, Verilog, and other Hardware Description Language ("HDL")
`
`formats, including but not limited to, Register Transfer Level ("RTL") descriptions. Source
`
`Code files further include, without limitation test benches, validation tests, functional tests,
`
`circuit models, and simulation models.
`
`14.
`
`"Third Parties" means any individual or entity excluding Advanced Silicon and
`
`Respondents.
`
`15.
`
`The term "this Investigation" means the investigation instituted by the
`
`International Trade Commission on January 29, 2016, captioned Certain Computing or Graphics
`
`Systems, Components Thereof, and Vehicles Containing Same, Inv. No. 337-TA-984.
`
`Investigation No. 337-TA-984
`COMPLAINAN"I-S SUl3POGNA DUCE'S "I I"CUM AND AD "IIESTIPICANDUM `I'O
`NXI' SGMICONDUCTORS IJSA. INC.
`AT"I ACI-IMI;NT A
`4
`
`

`

`Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 13 of 61
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`INSTRUCTIONS
`
`The following instructions apply to each Request for Production unless otherwise
`
`explicitly stated.
`
`A.
`
`As to any portion of any request that refers to Documents, Source Code, and/or
`
`Things that NXP is aware of which were at one time within NXP's possession, custody, or
`
`control, but which are not now within or subject to NXP's possession, custody, or control, NXP
`
`is directed to identify such Documents, Source Code, and/or Things in a manner sufficient to
`
`describe such Documents for the purpose of preparing and serving a proper subpoena duces
`
`tecum and to give the name, telephone number, and address of the person last known by NXP to
`
`have been in possession, custody, or control of such Documents, Source Code, and/or Things.
`
`B.
`
`Documents, Source Code, and Things requested by this subpoena shall include
`
`such materials that You received from, supplied to, were provided access to by, and/or made
`
`accessible to, a Third Party
`
`C.
`
`All Documents, Source Code, and/or Things are to be produced in the same file or
`
`other organizational environment in which they are maintained. For example, a Document,
`
`Source Code, and/or Thing that is part of a file, docket, or other grouping must be produced in
`
`the same order or manner of arrangement as the original. Alternatively, as to each Document,
`
`Source Code, and/or Thing produced, You should identify the request for production in response
`
`to which the Document or thing is being produced. See Commission Rule 210.32.
`
`D.
`
`Documertts, Source Code, and/or Things including electronically stored
`
`information shall be produced in their native format with metadata. Documents that exist only
`
`on paper may be scanned and produced in .tiff forniat with load files. Any comment or notation
`
`Investigation No. 337-TA-984
`COMPLAINAN"I-S SU131'OLNA DUCES'I'I.:CUM AND AD "I'GSTII'1CANDUM TO
`NXP SGMICONDUC"I'ORS USA, INC.
`A"I'"I'ACHMGNT A
`~
`
`

`

`Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 14 of 61
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`appearing on any Document, and not a part of the original text, is to be considered a separate
`
`"Document."
`
`E.
`
`Any request to produce Documents, Source Code, and/or Things "relating to" a
`
`particular subject shall be construed in its broadest, most inclusive sense, and shall be considered
`
`a request that You produce Documents that relate to, refer to, discuss, summarize, reflect,
`
`constitute, contain, embody, pertain to, mention, consist of, comprise, show, comment on,
`
`evidence, describe, or in any other way concern the subject matter.
`
`F.
`
`If a Document is in a language other than English and an English translation
`
`exists, provide both Documents.
`
`G.
`
`State, for each request, whether or not there exist any Documents, Source Code,
`
`and/or Things within the scope of the request and whether any such Documents are within the
`
`possession, custody, or control, or may be accessed by You.
`
`H.
`
`If You are aware that a Document or group of Documents once existed but has
`
`been destroyed, this should be stated, and it should be also stated who destroyed it, when and
`
`why it was destroyed, and the circumstances under which it was destroyed.
`
`If no Documents are responsive to a particular request, You are to state that no
`
`responsive Documents exist.
`
`ln the event that You supply Source Code that is responsive to this subpoena, all
`
`such Source Code shall be loaded onto a computer and/or laptop, which shall be made available
`
`during any deposition of You, or evidentiary hearing, which takes place in this Investigation.
`
`K. (cid:9)
`
`If You object to any part of a Request and refuse to produce a response to that
`
`part, You shall state Your objection and produce a response to all remaining portions of the
`
`Request. If You object to the scope or time period of a Request and refuse to produce a response
`
`Investigation No. 337-1-A-984
`COMPLAINANT'S SU131'OLNA DUCES TECUM AND AD TGS"hIFICANDUM TO
`NXI' SLMICONDUCTORS USA, INC.
`ATTACHMENT A
`6
`
`

`

`Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 15 of 61
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`for that scope or time period, You shall state Your objection and the scope or time period You
`
`believe is appropriate, and produce a response within that scope or time period.
`
`Iiivestieation No. 337-TA-984
`COMPLnINAN"I'°S SUI313OFNn DIJCLS TECUM AND AD "IIESTIPICnNDUM "I'O
`NXI' SEMICONDIJC'I'ORS USn, INC.
`ATTACI-IMI_:NT A
`7
`
`

`

`Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 16 of 61
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`REQUESTS FOR PRODUCTION
`
`Documents sufficient to identify the following for each NXP Product: (a) the
`
`product family; (b) the part number(s); (c) the internal code name; (d) any other unique identifier
`
`used to differentiate such NXP Product from other products designed, manufactured, sold or
`
`otherwise made commercially available by or for NXP; (e) (i) the name(s) of the supplier(s) that
`
`supplied the microprocessor(s), (ii) the model number(s) of the microprocessor(s), (iii) the
`
`microprocessor supplier's version number(s) for the microprocessor RTL that NXP used in the
`
`synthesis stage of the NXP Product; (f) (i) the name(s) of the supplier(s) that supplied the
`
`graphics processor(s), (ii) the model number(s) of the graphics processor(s), (iii) the graphics
`
`processor(s) supplier's version number(s) for the graphics processor RTL that NXP used in the
`
`synthesis stage of the NXP Product; (g) (i) the name(s) of the supplier(s) that supplied the
`
`Memory Management Unit(s), (ii) the model number(s) of the Memory Management Unit(s),
`
`and (iii) the Memory Management Unit supplier's version number(s) for the Memory
`
`Management Unit RTL that NXP used in the synthesis stage of the NXP Product; and (h) the
`
`country of origin of the NXP Product and its Software.
`
`2. (cid:9)
`
`For each NXP Product, Documents, Software, and Things that describe the
`
`structure, function, operation, and/or implementation of: (a) the NXP Product ;(b) the
`
`microprocessor incorporated in such NXP Product; (c) the graphics processor incorporated in
`
`such NXP Product; and (d) the Memory Management Unit(s) incorporated in such NXP Product,
`
`including without limitation, such Documents that You received from, supplied to, were
`
`provided access to, and/or made accessible to a Third Party.
`
`Investigation No. 337= I'A-984
`COMPLAINAN"I''S SlJl3P0ENA DUCES TECUM AND AD TEST IFICANDUM '1'O
`NXP SI7-MICONDUCTORS USA, INC.
`ATTACI-IMEN"I A
`8
`
`

`

`Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 17 of 61
`
`For each NXP Product, the Source Code for: (a) the NXP Product; (b) the
`
`microprocessor incorporated in such NXP Product; (c) the graphics processor incorporated in
`
`such NXP Product; and (d) the Memory Management Unit(s) incorporated in such NXP Product.
`
`4.
`
`For each NXP Product, Documents sufficient to describe the changes that You are
`
`contractually permitted to make to the design of such NXP Product, and the components
`
`included in said NXP Product, pursuant to license agreements (e.g., Freescale-Vivante license
`
`agreement), technology agreements, supply contract agreements, end-user agreements,
`
`compliance agreements, integration guides, and/or customer agreements between You and a
`
`Customer and/or Third Party.
`
`5.
`
`For each NXP Product, the manuals, Software specifications, training guides,
`
`presentations, programming guides, driver documentation, library documentation, application
`
`programming interfaces (API) documentation, software development kit (SDK) documentation,
`
`driver development kit (DDK) documentation, operating system documentation, microkernel
`
`documentation, firmware documentation, and ECU Software documentation for: (a) the NXP
`
`Product; (c) the graphics processor incorporated in such NXP Product; and (d) the Memory
`
`Management Unit(s) incorporated in such NXP Product; and (f) the niicrokernel, kernel, and/or
`
`firmware of such NXP Product.
`
`6.
`
`For each NXP Product, driver, library, application programming interface (API),
`
`software development kit (SDK), driver development kit (DDK), operating system, microkernel,
`
`firmware, and ECU Software for: (a) the NXP Product; (b) the microprocessor incorporated in
`
`such NXP Product; (c) the graphics processor incorporated in such NXP Product; (d) the
`
`Memory Management Unit(s) incorporated in such NXP Product; and (e) the microkernel,
`
`kernel, and/or firmware of such NXP Product.
`
`Investigation No. 337-TA-984
`COMPLAINANT'S SUI3POENA DUCGS'I'GCUM AND AD TLSTIFICANDUM "hO
`NXP SEWICONDUCTORS USA_. INC.
`A"TTACHMLNT A
`9
`
`

`

`Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 18 of 61
`
`7.
`
`For each NXP Product, technical manuals, specifications, training guides, and
`
`schematics for the graphics processor of such NXP Product related to (a) the hardware
`
`architecture, firmware, and drivers of the graphics processor, (b) texturing, (c) thread scheduling,
`
`multi-threading, and computation engines, and (d) pipeline, graphics core, and tile management
`
`and allocation, including without limitation, such Documents and Things that You received
`
`from, supplied to, were provided access to by, and/or made accessible to, a Third Party.
`
`8.
`
`For each NXP Product, technical manuals, specifications, training guides, and
`
`schematics for the Memory Management Unit of such NXP Product related to (a) the hardware
`
`architecture, firmware, and drivers of the Memory Management Unit, (b) the means and process
`
`by which a processing unit (e.g., CPU, GPU, video processor, audio processor) accesses or
`
`otherwise initiates and/or requests a memory operation (e.g., read and/or write data) to system
`
`memory (e.g. SDRAM), and (c) the means and process by which the memory management unit
`
`receives and schedules service of such memory requests, including without limitation, such
`
`Documents and Things that You received from, supplied to, were provided access to by, and/or
`
`made accessible to, a Third Party.
`
`9.
`
`A Source Code computer containing all the above referenced Source Code, to be
`
`available at any and all depositions of NXP personnel with regards to this Investigation, and at
`
`the evidentiary hearing in this Investigation.
`
`10. Documents sufficient to describe the indemnity requests received by You relating
`
`to this Investigation, including any indemnity requests received from Your Customers.
`
`Investieation No. 337-TA-984
`COMPLAINAN"f`S SU[3POENA 1)l10ES TECUM AND AD "I'6STIFICANDUM TO
`NXP SLMICONDUCTORS USA. INC.
`ATTACHMEN"I A
`10
`
`

`

`Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 19 of 61
`
`ATTACHMENT B
`
`DEFINITIONS
`
`The Definitions included with Attachment A to the subpoena duces tecum are fully
`
`incorporated herein by reference and apply to the following Deposition Topics:
`
`DEPOSITION TOPICS
`
`1.
`
`For each NXP Product: (a) the product family; (b) the part number(s); (c) the
`~
`internal code name; (d) any other unique identifier used to differentiate such NXP Product from
`
`other products designed, manufactured, sold or otherwise made commercially available by or for
`
`NXP; (e) (i) the name(s) of the supplier(s) that supplied the microprocessor(s), (ii) the model
`
`number(s) of the microprocessor(s), (iii) the microprocessor supplier's version number(s) for the
`
`microprocessor RTL that NXP used in the synthesis stage of the NXP Product; (f) (i) the
`
`name(s) of the supplier(s) that supplied the graphics processor(s), (ii) the model number(s) of the
`
`graphics processor(s), (iii) the graphics processor(s) supplier's version number(s) for the
`
`graphics processor RTL that NXP used in the synthesis stage of the NXP Product; and (g) (i) the
`
`name(s) of the supplier(s) that supplied the Memory Management Unit(s), (ii) the model
`
`number(s) of the Memory Management Unit(s), and (iii) the Memory Management Unit
`
`supplier's version number(s) for the Memory Management Unit RTL that NXP used in the
`
`synthesis stage of the NXP Product.
`
`2.
`
`For eac11 NXP Product, the structure, function, operation, and/or implementation
`
`of: (a) the NXP Product ;(b) the microprocessor incorporated in such NXP Product; (c) the
`
`graphics processor incorporated in such NXP Product; and (d) the Memory Management Unit(s)
`
`incorporated in such NXP Product.
`
`Investieation No. 337=TA-984
`COMPLAINANT'S SUI3POENA DUCI:S TECUM AND ADTESTIPICANDUNI TO
`NXI' SFMICONDUCTORS USA, INC.
`AT"I ACI-IMI:NT n
`
`

`

`Case 6:22-cv-00466-ADA-DTG Document 37-7 Filed 08/01/22 Page 20 of 61
`
`For each NXP Product, the Source Code for: (a) the NXP Product; (b) the
`
`microprocessor incorporated in such NXP Product; (c) the graphics processor incorporated in
`
`such NXP Product; and (d) the Memory Management Unit(s) incorporated in such NXP Product.
`
`4.
`
`For each NXP Product, the changes that You are contractually permitted to make
`
`to the design of such NXP Product, and the components included in said NXP Product, pursuant
`
`to license agreements (e.g., Freescale-Vivante license), technology agreements, supply contract
`
`agreements, end-user agreements, compliance agreements, integration guides, and/or customer
`
`agreements between You and a Customer and/or Third Party.
`
`5.
`
`For each NXP Product, driver, library, application programming interface (API),
`
`software development kit (SDK), driver development kit (DDK), operating system, microkernel,
`
`firmware, and ECU Software for: (a) the NXP Product; (b) the microprocessor incorporated in
`
`such NXP Product; (c) the graphics processor incorporated in such NXP Product; (d) the
`
`Memory Management Unit(s) incorporated in such NXP Product; and (e) the microkernel,
`
`kernel, and/or firmware of such NXP Product.
`
`6.
`
`For each NXP Product: (a) the hardware architecture, firmware, and drivers of the
`
`graphics processor, (b) texturing, (c) thread scheduling, multi-threading, and computation
`
`engines, and (d) pipeline, graphics core, and tile management and allocation.
`
`7.
`
`For each NXP Product: (a) the hardware architecture, firmware, and drivers of the
`
`Memory Management Unit, (b) the means and process by which a processing unit (e.g., CPU,
`
`GPU, video processor, audio processor) accesses or otherwise initiates and/or requests a memory
`
`operation (e.g., read and/or write data) to system memory (e.g. SDRAM), and (c) the means and
`
`process by which the memory management unit receives and schedules service of such memory
`
`t-equests.
`
`Investigation No. 337-TA-984
`COMPLAINANT`S SU1313017 NA DUCES TECUM AND AD TGST11=1CANDUM TO
`NXP SFMICONDUCTORS USA. INC.
`A"I"I'ACI-IMGN-I- I3
`2
`
`

`

`Case 6:22-cv-00466-ADA-DTG Document