UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`AMX, LLC.,
`Petitioner,
`
`v.
`
`CHRIMAR SYSTEMS, INC.,
`Patent Owner.
`
`
`
`Case IPR2016-00573
`U.S. Patent No. 9,019,838
`
`
`
`
`
` PATENT OWNER CHRIMAR SYSTEMS, INC.’S
`PROPOSED DISCOVERY REQUESTS UNDER 37 C.F.R. § 42.8(a)(2)
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`
`
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`
`
`
`
`
`Chrimar Systems, Inc.
`Exhibit 2002-1
`IPR2016-00573 USPN 9,019,838
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`AMX, LLC.,
`Petitioner,
`
`v.
`
`CHRIMAR SYSTEMS, INC.,
`Patent Owner.
`
`
`
`Case IPR2016-00573
`U.S. Patent No. 9,019,838
`
`
`
`
`
` PATENT OWNER CHRIMAR SYSTEMS, INC.’S
`PROPOSED DISCOVERY REQUESTS UNDER 37 C.F.R. § 42.8(a)(2)
`
`
`
`
`
`
`
`
`
`
`
`Chrimar Systems, Inc.
`Exhibit 2002-1
`IPR2016-00573 USPN 9,019,838
`
`
`
`
`
`Patent Owner Chrimar Systems, Inc. (“Chrimar”) requests that Petitioners
`
`AMX, LLC and Dell Inc. respond to the following interrogatories by providing
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`complete answers, and respond to the following requests for production by
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`producing the following documents and things.
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`INSTRUCTIONS
`
`1.
`
`In responding to and producing documents and things responsive to
`
`these Requests, Petitioner is to comply with Federal Rules of Civil Procedure 26,
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`33, and 34, the applicable Patent Trial and Appeal Board rules, the Board’s
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`relevant orders, and the instructions in the Office Patent Trial Practice Guide, 77
`
`Fed. Reg. 48,756 (Aug. 14, 2012).
`
`2.
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`If Petitioner is aware of any responsive documents but cannot produce
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`them because they have been lost or destroyed or are no longer in Petitioner’s
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`possession, custody, or control, Petitioner should identify those documents.
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`3.
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`If Petitioner finds the meaning of any term in the Requests unclear,
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`Petitioner should assume a reasonable meaning, state what the assumed meaning
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`is, and produce documents and things on the basis of that assumed meaning.
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`DEFINITIONS
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`1.
`
`The term “documents” has the meaning set forth in Federal Rule of
`
`Civil Procedure 34, including, but not limited to, electronically stored information
`
`in the responding party’s possession, custody, or control.
`
`Chrimar Systems, Inc.
`Exhibit 2002-2
`IPR2016-00573 USPN 9,019,838
`
`
`
`2.
`
`The term “communications” means any transmittal of information,
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`recognizing that Petitioners are not required or requested to produce an oral
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`communication.
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`3.
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`The term “Petitioners, ” “You,” or “Your” means AMX, LLC and/or
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`Dell Inc. and includes any employees, agents, counsel, representatives, or others
`
`authorized to act on their behalf.
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`4.
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`The term “Chrimar Litigation” means the litigations styled: Chrimar
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`Systems, Inc. d/b/a CMS Technologies and CMS Holding, LLC v. AMX, Civil
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`Action No. 6:15-cv-164 (E.D. Tex.); and/or Chrimar Systems, Inc. d/b/a CMS
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`Technologies and CMS Holding, LLC v. Dell, Inc. and Aerohive Networks, Inc.,
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`Civil Action No. 6:15-cv-639 (E.D. Tex.).
`
`5.
`
`The term “These IPRs” means AMX, LLC and Dell, Inc. v. Chrimar
`
`Systems, Inc., Case No. IPR2016-00569; AMX, LLC. v. Chrimar Systems, Inc.,
`
`Case No. IPR2016-00572; AMX, LLC. v. Chrimar Systems, Inc., Case No.
`
`IPR2016-00573; and AMX, LLC and Dell, Inc. v. Chrimar Systems, Inc., Case No.
`
`IPR2016-00574.
`
`
`
`INTERROGATORIES
`
`Interrogatory No. 1: Identify all third parties that You have communicated with
`
`regarding (1) any request for indemnification made by You; and/or (2) any request
`
`Chrimar Systems, Inc.
`Exhibit 2002-3
`IPR2016-00573 USPN 9,019,838
`
`
`
`for indemnification directed to You relating to the Chrimar Litigation or related
`
`matters as identified under §42.8(b)(2) (“Related Matters”) in These IPRs.
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`
`
`Interrogatory No. 2: Describe any steps or actions You have taken to prevent
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`third parties, such as Your product vendors and co-defendants, from being deemed
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`a real party-in-interest and/or privy for These IPRs.
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`
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`Interrogatory No. 3: Identify any third party that has contributed, monetarily or
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`otherwise, to the preparation or filing of These IPRs.
`
`
`
`Interrogatory No. 4: Identify any third party that has a right to control (solely or
`
`in combination with others) any aspect of Your activities in These IPRs.
`
`
`
`Interrogatory No. 5: Identify any third party for which You have a right to
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`control (solely or in combination with others) any aspect of the third party’s
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`activities in district court litigation involving the patents in These IPRs.
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`
`
`Interrogatory No. 6: Identify any third party to whom You have provided (or
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`intend to provide) updates regarding the status of These IPRs or events that
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`transpire in These IPRs.
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`Chrimar Systems, Inc.
`Exhibit 2002-4
`IPR2016-00573 USPN 9,019,838
`
`
`
`
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`REQUESTS FOR PRODUCTION
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`Request No. 1: All indemnity agreements involving the accused products in the
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`Chrimar Litigation or Related Matters that are applicable or potentially applicable
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`to patent infringement claims involving any one or more of the following U.S.
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`Patents: U.S. Patent No. 8,942,107; U.S. Patent No. 9,049,019; U.S. Patent No.
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`9,019,838; or U.S. Patent No. 8,902,760.
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`
`
`Request No. 2: All agreements with any third party regarding These IPRs.
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`
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`Request No. 3: All agreements with any third party regarding district court
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`litigation involving U.S. Patent No. 8,942,107; U.S. Patent No. 9,049,019; U.S.
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`Patent No. 9,019,838; or U.S. Patent No. 8,902,760.
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`
`
`Request No. 4: Documents or communications with any third party concerning
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`the strategy and/or tactics related to these These IPRs, including but not limited to:
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`(1) The decision to initiate an IPR challenge to U.S. Patent No.
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`8,942,107; U.S. Patent No. 9,049,019; U.S. Patent No. 9,019,838; or
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`U.S. Patent No. 8,902,760;
`
`Chrimar Systems, Inc.
`Exhibit 2002-5
`IPR2016-00573 USPN 9,019,838
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`
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`(2) The selection of prior art to use in These IPRs and the identification of
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`specific grounds presented in the Petitions;
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`(3) The decisions as to which specific claims to challenge;
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`(4) The drafting of the Petitions, including edits, revisions and comments
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`to the Petitions;
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`(5) The identification and retention of an expert witness to provide
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`testimony in These IPRs; and
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`(6) Costs associated with the preparation and filing of These IPRs.
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`
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`Chrimar Systems, Inc.
`Exhibit 2002-6
`IPR2016-00573 USPN 9,019,838
`
`
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`
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`Respectfully submitted,
`
`
`
`
`
` /s/
`Justin S. Cohen
` Reg. No. 59,964
` Justin.Cohen@tklaw.com
`THOMPSON & KNIGHT LLP
`One Arts Plaza
`1722 Routh Street, Suite 1500
`Dallas, Texas 75201
`214.969.1700
`214.969.1751 (Fax)
`
`Richard W. Hoffmann
` Reg. No. 33,711
` Hoffmann@Reising.com
`REISING ETHINGTON PC
`755 West Big Beaver Road, Suite 1850
`Troy, Michigan 48084
`248.689.3500
`248.689.4071 (Fax)
`
`COUNSEL FOR PATENT OWNER
`CHRIMAR SYSTEMS, INC.
`
`
`
`
`Dated:
`
`
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`
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`Chrimar Systems, Inc.
`Exhibit 2002-7
`IPR2016-00573 USPN 9,019,838
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`
`
`
`Certification of Service Under 37 C.F.R. § 42.6(e)(4) & 42.105(a)
`
`A copy of this PATENT OWNER CHRIMAR SYSTEMS, INC.’S
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`
`
`PROPOSED DISCOVERY REQUESTS UNDER 37 C.F.R. § 42.8(a)(2) has
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`been served on Petitioners via email at the following correspondence addresses:
`
`Brent A. Hawkins (Reg. No. 44,146)
`Amol A. Parikh (Reg. No. 60,671)
`McDermott, Will & Emery LLP
`227 West Monroe Street
`Chicago, Illinois 60606-5096
`bhawkins@mwe.com
`amparikh@mwe.com
`
`
`
` /s/
`Justin S. Cohen
` Reg. No. 59,964
` Justin.Cohen@tklaw.com
`THOMPSON & KNIGHT LLP
`One Arts Plaza
`1722 Routh Street, Suite 1500
`Dallas, Texas 75201
`214.969.1700
`214.969.1751 (Fax)
`
`
`Dated:
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`
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`
`
`Chrimar Systems, Inc.
`Exhibit 2002-8
`IPR2016-00573 USPN 9,019,838
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