Case 4:20-cv-05640-YGR Document 346-1 Filed 02/18/21 Page 1 of 26
`Case 4:20-cv-05640-YGR Document 346-1 Filed 02/18/21 Page 1 of 26
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`EXHIBIT 1
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`EXHIBIT 1
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`Case 4:20-cv-05640-YGR Document 346-1 Filed 02/18/21 Page 2 of 26
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`Northern District of California
`
`
`EPIC GAMES, INC. v. APPLE INC. ) Civil Action Nos. 4:20-CV-05640-YGR
`CAMERON ET AL v. APPLE INC. ) 4:19-CV-03074-YGR
`IN RE APPLE IPHONE ANTITRUST LITIGATION ) 4:11-CV-06714-YGR
` )
` )
` )
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`Valve Corporation
`(c/o Corpserve, Inc. 1001 4th Ave, Suite 4500, Seattle, WA 98154)
`(Name of person to whom this subpoena is directed)
` Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
`material:
` See Schedule A
`
`To:
`
`
`
`
`
`
`
`
`
` Place: McDermott Will & Emery LLP
`2049 Century Park East
`Suite 3200
`Los Angeles, CA 90067-3206
`
`
` Or as otherwise agreed.
`
`
`Date and Time:
`December 23, 2020, 5:00 PM PT
`
`
`
` Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other
`property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may
`inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
`
` Place:
`
`Date and Time:
`
`
`
`
`The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`Date: December 9, 2020
`
`CLERK OF COURT
`
`OR
`
`
`
` /s/ Michelle Lowery
`Attorney’s signature
`Signature of Clerk or Deputy Clerk
` Michelle Lowery
`
`The name, address, e-mail address, and telephone number of the attorney representing (name of party) Apple Inc.
`
`, who issues or requests this subpoena, are:
`Michelle Lowery, 2049 Century Park East, Suite 3200, Los Angeles, CA 90067-3206, mslowery@mwe.com, (310) 551-9309
`
`
`
`American LegalNet, Inc.
`www.FormsWorkFlow.com
`
`

`

`Case 4:20-cv-05640-YGR Document 346-1 Filed 02/18/21 Page 3 of 26
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
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`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things or the
`inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before
`it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
`
`
`
`American LegalNet, Inc.
`www.FormsWorkFlow.com
`
`

`

`Case 4:20-cv-05640-YGR Document 346-1 Filed 02/18/21 Page 4 of 26
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
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`Civil Action Nos. 4:11-CV-06714-YGR, 4:19-CV-03074-YGR, 4:20-CV-05640-YGR
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`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, if any)
`on (date)
`
` I served the subpoena by delivering a copy to the named person as follows:
`
`
`
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`
`
`
`I returned the subpoena unexecuted because:
`
`on (date)
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`on (date)
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`$
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`My fees are $
`
`My fees are $
`
`
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`My fees are $
`
`
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`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Date:
`
`
`
`
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`Server’s signature
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`Printed name and title
`
`Server’s address
`
`Additional information regarding attempted service, etc.:
`
`
`
`
`
`American LegalNet, Inc.
`www.FormsWorkFlow.com
`
`

`

`Case 4:20-cv-05640-YGR Document 346-1 Filed 02/18/21 Page 5 of 26
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 3)
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`Federal Rule of Civil Procedure 45
`
`(c) Place of Compliance.
`(1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
`(A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
`(B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
`(i) is a party or a party’s officer; or
`(ii) is commanded to attend a trial and would not incur substantial
`expense.
`
`(2) For Other Discovery. A subpoena may command:
`(A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
`(B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney who
`fails to comply.
`
`(2) Command to Produce Materials or Permit Inspection.
`(A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
`(B) Objections. A person commanded to produce documents or tangible
`things or to permit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting, copying, testing, or
`sampling any or all of the materials or to inspecting the premises—or to
`producing electronically stored information in the form or forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
`(i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
`(ii) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party nor a party’s officer from
`significant expense resulting from compliance.
`
`(3) Quashing or Modifying a Subpoena.
`(A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
`(i) fails to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
`(iii) requires disclosure of privileged or other protected matter, if no
`exception or waiver applies; or
`(iv) subjects a person to undue burden.
`(B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`(i) disclosing a trade secret or other confidential research,
`development, or commercial information; or
`
`(c), (d), (e), and (g) (Effective 12/1/13)
`(ii) disclosing an unretained expert’s opinion or information that does
`not describe specific occurrences in dispute and results from the expert’s
`study that was not requested by a party.
`(C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
`(i) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
`(ii) ensures that the subpoenaed person will be reasonably compensated.
`
`(e) Duties in Responding to a Subpoena.
`(1) Producing Documents or Electronically Stored Information. These
`procedures apply to producing documents or electronically stored
`information:
`(A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course of business or
`must organize and label them to correspond to the categories in the demand.
`(B) Form for Producing Electronically Stored Information Not Specified.
`If a subpoena does not specify a form for producing electronically stored
`information, the person responding must produce it in a form or forms in
`which it is ordinarily maintained or in a reasonably usable form or forms.
`(C) Electronically Stored Information Produced in Only One Form. The
`person responding need not produce the same electronically stored
`information in more than one form.
`(D) Inaccessible Electronically Stored Information. The person
`responding need not provide discovery of electronically stored information
`from sources that the person identifies as not reasonably accessible because
`of undue burden or cost. On motion to compel discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burden or cost. If that showing is
`made, the court may nonetheless order discovery from such sources if the
`requesting party shows good cause, considering the limitations of Rule
`26(b)(2)(C). The court may specify conditions for the discovery.
`
`(2) Claiming Privilege or Protection.
`(A) Information Withheld. A person withholding subpoenaed information
`under a claim that it is privileged or subject to protection as trial-preparation
`material must:
`(i) expressly make the claim; and
`(ii) describe the nature of the withheld documents, communications, or
`tangible things in a manner that, without revealing information itself
`privileged or protected, will enable the parties to assess the claim.
`(B) Information Produced. If information produced in response to a
`subpoena is subject to a claim of privilege or of protection as
`trial-preparation material, the person making the claim may notify any party
`that received the information of the claim and the basis for it. After being
`notified, a party must promptly return, sequester, or destroy the specified
`information and any copies it has; must not use or disclose the information
`until the claim is resolved; must take reasonable steps to retrieve the
`information if the party disclosed it before being notified; and may promptly
`present the information under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`
`
`American LegalNet, Inc.
`www.FormsWorkFlow.com
`
`

`

`Case 4:20-cv-05640-YGR Document 346-1 Filed 02/18/21 Page 6 of 26
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`1.
`
`SCHEDULE A
`Notwithstanding any definition set forth below, each word, term, or phrase used in this
`Subpoena is intended to have the broadest meaning permitted under the Federal Rules of Civil
`Procedure and the Local Rules of the Northern District of California.
`DEFINITIONS
`The following rules of construction shall apply to all discovery requests:
`a. the connectives “and” and “or” shall be construed either disjunctively or
`conjunctively as necessary to bring within the scope of the discovery request
`all responses that might otherwise be construed to be outside of its scope;
`b. the use of the present or past tense shall be construed to include both the present
`and past tenses as necessary to bring within the scope of the discovery request
`all responses that might otherwise be construed to be outside of its scope;
`c. “any” and “each” shall be construed to include and encompass “all”; and
`d. the use of the singular form of any word includes the plural and vice versa.
`“ADVERTISING” shall mean the in-APP presentation of third-party promotional
`2.
`content in exchange for payment.
`“ANDROID” shall mean Google’s mobile operating system.
`3.
`“APP” shall mean a software application for a HANDHELD DEVICE or NON-
`4.
`HANDHELD DEVICE. For the avoidance of doubt, the phrase “EPIC APP” shall mean any APP
`developed and/or published by EPIC, INCLUDING Fortnite, Battlebreakers, and Spyjinx, as well
`as any APP developed and/or published by EPIC (such as the Epic Games App) that facilitates the
`download of those or other APPS.
`“APP DEVELOPER” shall mean any PERSON who developed one or more
`5.
`
`APPS.
`
`“APP MARKETPLACE” shall mean any online storefront where APPS are
`6.
`offered for download and/or purchase. This term shall include, without limitation, Google Play,
`the Samsung Galaxy Store, Android Market, DEFENDANT’S iOS and Mac App Stores, the
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`Case 4:20-cv-05640-YGR Document 346-1 Filed 02/18/21 Page 7 of 26
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`Amazon Appstore, Amazon Underground, the Microsoft Store for Xbox, Windows Store, and
`Windows Phone Store, the Epic Games Store, Steam, Origin, and online storefronts distributing
`games and digital content for Xbox, PlayStation, and Nintendo. For the avoidance of doubt, the
`phrase “YOUR APP MARKETPLACE” shall refer to STEAM.
` “COMMUNICATION” shall include, without limitation, any transmission or
`7.
`transfer of information of any kind, whether orally, electronically, in writing, or in any other
`manner, at any time or place, and under any circumstances whatsoever.
`“CONCERNING” a given subject shall mean: directly or indirectly comprising,
`8.
`concerning, constituting, containing, discussing, embodying, evidencing, exhibiting, identifying,
`mentioning, negating, pertaining to, recording, regarding, reflecting, relating to, showing, or
`supporting a given subject matter.
`“DEFENDANT” shall mean Apple Inc.
`9.
`“DEVICE” shall mean any HANDHELD DEVICE or NON-HANDHELD
`10.
`DEVICE.
`“DOCUMENT” and “DOCUMENTS” shall have the full meaning ascribed to
`11.
`those terms under Rule 34 of the Federal Rules of Civil Procedure and shall include, without
`limitation, any and all drafts; COMMUNICATIONS; memoranda; records; REPORTS; books;
`records, REPORTS, and/or summaries of personal conversations or interviews; diaries;
`presentations; slide decks; graphs; charts; spreadsheets; diagrams; tables; photographs; recordings;
`tapes; microfilms; minutes; records, REPORTS, and/or summaries of meetings or conferences;
`press releases; blog posts; stenographic handwritten or any other notes; work papers; checks, front
`and back; check vouchers, check stubs, or receipts; tape data sheets or data processing cards or
`discs or any other written, recorded, transcribed, punched, taped, filmed, or graphic matter,
`however produced or reproduced; and any paper or writing of whatever description, INCLUDING
`information contained in any computer although not yet printed out. Any production of
`electronically stored information shall include the information needed to understand such
`
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`2
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`Case 4:20-cv-05640-YGR Document 346-1 Filed 02/18/21 Page 8 of 26
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`information. The term “DOCUMENT” or “DOCUMENTS” further includes all copies where the
`copy is not identical to the original.
`“EPIC” shall mean Epic Games, Inc., its officers, directors, employees,
`12.
`representatives, consultants, agents, servants, attorneys, accountants, or any other person or entity
`acting on its behalf, or any PERSON or entity that served in any such role at any time, as well as
`its predecessors, successors, subsidiaries, departments, divisions, joint ventures, and/or affiliates,
`(including but not limited to Epic Games International S.à r.l and Life on Air, Inc.), and any
`PERSON that Epic Games, Inc., manages or controls.
`“EXTERNAL PRODUCTS” shall mean digital products and services purchased
`13.
`outside of an APP (such as through an APP DEVELOPER’s website) that one may use within an
`APP.
`
`“GAME KEY” shall mean any product code that can be redeemed for an APP
`14.
`through STEAM.
`“HANDHELD DEVICE” shall mean any smartphone, tablet, or portable MP3
`15.
`music player.
` “INCLUDING” shall not be construed as limiting any request, and shall mean the
`16.
`same as “including, but not limited to.”
`“IN-APP PRODUCT” shall mean any feature, service, or functionality that can be
`17.
`enabled or unlocked within an APP in exchange for a fee, INCLUDING subscriptions, in-game
`currencies, game levels, access to premium content, or unlocking a full version of an APP.
`“MALWARE” shall mean APPS and other software that could put users, user
`18.
`data, or devices at risk, INCLUDING computer viruses, worms, trojans, ransomware, scareware,
`spyware, phishing apps, backdoors, hostile downloaders, mobile billing fraud apps (including
`SMS fraud, call fraud, and toll fraud), and click fraud apps.
`“NAMED CONSUMER PLAINTIFF” shall mean a named plaintiff in Pepper v.
`19.
`Apple Inc., Case No. 4:11-cv-06714-YGR (N.D. Cal.), and Lawrence v. Apple Inc., Case No. 4:19-
`cv-02852-YGR (N.D. Cal.), INCLUDING:
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`3
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`Case 4:20-cv-05640-YGR Document 346-1 Filed 02/18/21 Page 9 of 26
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`a. Edward W. Hayter, of Brooklyn, NY;
`b. Edward Lawrence, of California;
`c. Robert Pepper, of Chicago, IL; and
`d. Stephen H. Schwartz, of Ardsley, NY.
`“NAMED DEVELOPER PLAINTIFF” shall mean a named plaintiff in Cameron
`20.
`v. Apple Inc., Case No. 419-cv-03074-YGR (N.D. Cal.), and Sermons v. Apple Inc., Case No. 4:19-
`cv-03796-YGR (N.D. Cal.), INCLUDING:
`a. Donald R. Cameron, of California;
`b. Barry Sermons, of Georgia; and
`c. Pure Sweat Basketball, Inc., an Illinois corporation.
`“NON-HANDHELD DEVICE” shall mean laptop computers, desktop computers,
`21.
`or video game consoles.
`“PERSON” shall include, without limitation, natural persons, corporations,
`22.
`partnerships, business trusts, associations, and business or other entities, and any officer, director,
`employee, partner, corporate parent, subsidiary, affiliate, agent, representative, attorney, or
`principal thereof.
`“REPORTS” shall mean any final reports, research, papers, memoranda,
`23.
`presentations, reviews, statistical compilations, or other analyses.
`“REVIEW” and “REVIEWING” shall mean, with respect to APPS, any process
`24.
`of screening, evaluating, analyzing, approving, or monitoring APPS, regardless of whether such
`process takes place before or after the publication of APPS in an APP MARKETPLACE or before
`or after the installation of APPS onto a HANDHELD DEVICE or NON-HANDHELD DEVICE.
`“STEAM” shall mean any APP MARKETPLACE operated by YOU available on
`25.
`DEVICES.
`26.
`27.
`28.
`
`“STEAM LINK” shall mean YOUR APP for any DEVICE.
`“STEAMOS” shall mean any operating system offered by YOU for any DEVICE.
`“THE” shall not be construed as limiting the scope of any topic.
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`4
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`Case 4:20-cv-05640-YGR Document 346-1 Filed 02/18/21 Page 10 of 26
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`“YOU” or “YOUR” shall refer to Valve Corporation or any of its predecessor or
`29.
`successor companies, subsidiaries (INCLUDING Turtle Rock Studios, Campo Santo,
`Impulsonic, Inc., Star Filled Studios Inc., Campo Santo Productions LLC), corporate affiliates,
`officers, directors, employees, representatives, consultants, agents, servants, attorneys,
`accountants, and any other PERSON or entity acting on its behalf, or any PERSON or entity that
`served in any such role at any time.
`
`INSTRUCTIONS
`All DOCUMENTS requested herein must be produced in their entirety, with all
`1.
`attachments and enclosures, regardless of whether YOU consider the attachments and enclosures
`to be relevant or responsive to the Request.
`In responding to these Requests, YOU shall produce all DOCUMENTS and
`2.
`information in YOUR possession, custody, or control, and all DOCUMENTS reasonably available
`to YOU, INCLUDING those in the possession, custody, or control of YOUR present and former
`attorneys, investigators, accountants, agents, representatives, or other PERSONS acting on YOUR
`behalf.
`
`These Requests shall not be deemed to call for identical copies of DOCUMENTS.
`3.
`“Identical” means precisely the same in all respects; for example, a DOCUMENT with
`handwritten notes or editing marks shall not be deemed identical to one without such notes or
`marks.
`In the event YOU are able to produce only some of the DOCUMENTS called for
`4.
`in a particular Request, YOU shall produce all the DOCUMENTS available and state the reason(s)
`for YOUR inability to produce the remainder.
`If there are no DOCUMENTS responsive to a category in these Requests, YOU
`5.
`shall so state in writing. If a DOCUMENT requested is no longer existing or available, YOU shall
`so state in writing.
`If YOU object to a portion of any Request, YOU shall produce all DOCUMENTS
`6.
`called for by that portion of the Request to which YOU do not object.
`
`
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`5
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`Case 4:20-cv-05640-YGR Document 346-1 Filed 02/18/21 Page 11 of 26
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`In producing DOCUMENTS responsive to these requests, YOU must Bates stamp
`7.
`them in a manner that clearly identifies the party that is producing each such DOCUMENT, and
`in whose possession the DOCUMENT was found.
`If any requested DOCUMENT is withheld on the basis of any claim of privilege,
`8.
`YOU must set forth the information necessary for DEFENDANT to ascertain whether the privilege
`properly applies, INCLUDING describing the DOCUMENT withheld, stating the privilege being
`relied upon, identifying all PERSONS (by name) who have had access to such DOCUMENT
`(INCLUDING all the identity(ies) of the author(s) or maker(s), recipient(s), carbon copy
`recipient(s), blind carbon copy recipient(s)), the number of attachments (if any), the Bates or
`production number of any attachments not withheld on the basis of privilege, the applicable
`date(s), and the subject matter(s) in a privilege log.
`If any portion of any DOCUMENT responsive to these Requests is withheld under
`9.
`claim of privilege, all non-privileged portions must be produced with the portion(s) claimed to be
`privileged redacted and logged in a privilege log pursuant to the preceding instructions.
`If YOU cannot answer all parts of a Request, but can answer some parts, YOU must
`10.
`answer those parts to which YOU can reply, and specify “unknown,” or some other response, as
`appropriate, for any part to which YOU cannot reply.
`Unless otherwise stated, the time period for which
`11.
`DOCUMENTS is 2008 to the present.
`References to any natural PERSON shall include, in addition to the natural
`12.
`PERSON, any agent, employee, representative, attorney, superior, or principal thereof.
`Specified date ranges are inclusive. Unless otherwise stated, a year includes all days
`13.
`of that year from January 1 to December 31.
`These Requests are to be regarded as continuing pursuant to Rule 26(e) of the
`14.
`Federal Rules of Civil Procedure. YOU are required to provide, by way of supplementary
`responses hereto, such additional information as may be obtained by YOU or any PERSON acting
`on YOUR behalf that will augment or modify YOUR answers initially given to the following
`
`the Requests seek
`
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`6
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`Case 4:20-cv-05640-YGR Document 346-1 Filed 02/18/21 Page 12 of 26
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`Requests. Pursuant to Rule 26(e) of the Federal Rules of Civil Procedure, YOU are required to
`supplement these responses and provide additional DOCUMENTS without a specific request from
`DEFENDANT.
`DEFENDANT serves these Requests without prejudice to its right to serve
`15.
`additional requests for production of DOCUMENTS.
`
`REQUESTS FOR PRODUCTION
`
`REQUEST FOR PRODUCTION NO. 1:
`REPORTS comparing the distribution of APPS through any APP MARKETPLACE,
`INCLUDING Google Play, the Samsung Galaxy Store, Android Market, DEFENDANT’S iOS
`and Mac App Stores, the Amazon Appstore, Amazon Underground, the Microsoft Store for Xbox,
`Windows Store, and Windows Phone Store, the Epic Games Store, Origin, and online storefronts
`distributing games and digital content for Xbox, PlayStation, and Nintendo, and YOUR APP
`MARKETPLACE(S), INCLUDING:
`the past or present benefits or costs of distribution in each APP MARKETPLACE;
`a.
`b.
`past or present fees and commission rates charged by each APP MARKETPLACE,
`INCLUDING how such fees and commission rates affect the attractiveness of any APP
`MARKETPLACE to APP DEVELOPERS;
`past or present security or privacy protections offered
`c.
`MARKETPLACE;
`past or present APP REVIEW and approval procedures and practices in each APP
`d.
`MARKETPLACE;
`past or present tools for APP DEVELOPERS in each APP MARKETPLACE;
`e.
`f.
`past or present relative ease or difficulty of updating APPS in each APP
`MARKETPLACE;
`past or present market share calculations or estimates for APP MARKETPLACES,
`g.
`INCLUDING the definitions used to perform those calculations;
`
`in each APP
`
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`7
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`Case 4:20-cv-05640-YGR Document 346-1 Filed 02/18/21 Page 13 of 26
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`past or present decision to distribute YOUR APPS on a particular APP
`h.
`MARKETPLACE;
`contemplated, planned, or actual distribution of YOUR APPS directly (i.e., not
`i.
`through an APP MARKETPLACE); and
`past or present APP maintenance activities in each APP MARKETPLACE.
`j.
`REQUEST FOR PRODUCTION NO. 2:
`DOCUMENTS sufficient to show with respect to YOUR APP MARKETPLACE(S):
`the total yearly amount remitted to YOU from sales of APPS and IN-APP
`a.
`PRODUCTS (by APP and method of monetization, if available);
`any estimates of or accounting for annual ADVERTISING revenue attributable to
`b.
`YOUR APP MARKETPLACE (by APP, if available);
`any estimates of or accounting for YOUR annual revenues from sales of
`c.
`EXTERNAL PRODUCTS attributable to YOUR APP MARKETPLACE (by APP and method of
`monetization, if available);
`any estimates of or accounting for annual revenues (other than the foregoing)
`d.
`attributable to YOUR APP MARKETPLACE (by APP and method of monetization, if available);
`and
`
`any estimates of or accounting for annual earnings, income, or profit (whether gross
`e.
`or net) attributable to YOUR APP MARKETPLACE (by APP and method of monetization, if
`available).
`REQUEST FOR PRODUCTION NO. 3:
`REPORTS CONCERNING YOUR contemplated, planned, or actual development and/or
`operation of YOUR APP MARKETPLACE(S), INCLUDING:
`a.
`YOUR decision to build each such APP MARKETPLACE;
`b.
`YOUR decision to use a particular revenue model in each such APP
`MARKETPLACE; and
`
`
`
`
`8
`
`

`

`Case 4:20-cv-05640-YGR Document 346-1 Filed 02/18/21 Page 14 of 26
`
`
`
`YOUR decision to develop each such APP MARKETPLACE for specific operating
`
`c.
`systems.
`REQUEST FOR PRODUCTION NO. 4:
`REPORTS CONCERNING comparisons of the number, identity, genre, quality, and/or
`popularity of APPS available for download from YOUR APP MARKETPLACE(S) and APPS
`available for download from other APP MARKETPLACE(S) or available on different DEVICES.
`REQUEST FOR PRODUCTION NO. 5:
`REPORTS sufficient to show the percentage of APPS purchased directly from YOUR APP
`MARKETPLACE(S) versus the percentage of APPS purchased from third parties, INCLUDING
`from GAME KEYS.
`REQUEST FOR PRODUCTION NO. 6:
`the development of
`INCLUDING
`DOCUMENTS CONCERNING STEAMOS
`STEAMOS, COMMUNICATIONS about and with DEVICE manufacturers CONCERNING
`STEAMOS, and REPORTS sufficient to show STEAMOS utilization.
`REQUEST FOR PRODUCTION NO. 7:
`DOCUMENTS and COMMUNICATIONS CONCERNING the availability and usage of
`YOUR APP MARKETPLACE(S), INCLUDING STEAM, and YOUR APP(S), INCLUDING
`STEAM LINK, on DEFENDANT’S iOS operating system, DEFENDANT’S DEVICES, and
`DEFENDANT’S
`APP MARKETPLACE,
`INCLUDING
`DOCUMENTS
`and
`COMMUNICATIONS CONCERNING the publication of STEAM LINK on DEFENDANT’S
`APP MARKETPLACE as
`summarized
`in a June 4, 2018 article, available at
`https://www.reuters.com/article/us-apple-steam/apple-issues-new-app-store-rules-aimed-at-
`streaming-pc-based-games-idUSKCN1J034K.
`REQUEST FOR PRODUCTION NO. 8:
`the development,
`DOCUMENTS
`and COMMUNICATIONS CONCERNING
`distribution, and utilization of YOUR APP(S), INCLUDING STEAM LINK, and REPORTS
`sufficient to show any tendency for consumers to download YOUR APP(S) on any DEVICES.
`
`
`
`
`9
`
`

`

`Case 4:20-cv-05640-YGR Document 346-1 Filed 02/18/21 Page 15 of 26
`
`
`
`REQUEST FOR PRODUCTION NO. 9:
`COMMUNICATIONS CONCERNING whether consumers are willing to purchase a
`DEVICE with a different operating system or from a different DEVICE manufacturer than they
`already own and any switching costs they many consider, INCLUDING the value of any APPS
`previously purchased that the consumer cannot operate on the new DEVICE.
`REQUEST FOR PRODUCTION NO. 10:
`DOCUMENTS sufficient to show any efforts undertaken by YOU to attract or incentivize
`APP DEVELOPERS to develop APPS for distribution to YOUR APP MARKETPLACE.
`REQUEST FOR PRODUCTION NO. 11:
`DOCUMENTS created by YOU CONCERNING competition between or among APP
`MARKETPLACES, INCLUDING any DOCUMENTS describing competition regarding
`STEAM, YOUR strategy related to actual or potential competitors to STEAM, and YOUR
`assessment of the market share for STEAM, INCLUDING any analysis performed of any actual
`or potential competitor to STEAM, such as analysis of any actual or potential competitor’s market
`share, APP pricing, commissions, product design, product functionality, APP promotion, privacy
`or security policies, and/or APP REVIEW policies or procedures.
`REQUEST FOR PRODUCTION NO. 12:
`DOCUMENTS and COMMUNICATIONS CONCERNING any security breaches or
`privacy concerns relating to YOUR APP MARKETPLACE(S), INCLUDING those reported in an
`November 11, 2011 BBC News article, available at https://www.bbc.com/news/technology-
`15690187,
`an
`May
`31,
`2018
`Vice
`article
`available
`at,
`https://www.vice.com/en/article/9k8qv5/steam-exploit-left-users-vulnerable-for-10-years, and an
`August
`9,
`2019
`Forbes
`article,
`available
`at
`https://www.forbes.com/sites/daveywinder/2019/08/09/critical-steam-security-warning-issued-
`for-72-million-windows-10-gamers/?sh=56130b6e35e1.
`
`
`
`
`10
`
`

`

`Case 4:20-cv-05640-YGR Document 346-1 Filed 02/18/21 Page 16 of 26
`
`
`
`REQUEST FOR PRODUCTION NO. 13:
`DOCUMENTS sufficient
`to show YOUR agreements or contracts with APP
`DEVELOPERS, INCLUDING any agreements or contracts with EPIC, effective during the period
`that YOU have operated any APP MARKETPLACE, INCLUDING any contracts, guidelines, or
`rules setting forth the terms and conditions under which APP DEVELOPERS may distribute APPS
`through YOUR APP MARKETPLACE(S).
`REQUEST FOR PRODUCTION NO. 14:
`DOCUMENTS sufficient to show any annual fee(s) or registration fee(s) paid by APP
`DEVELOPERS in order to develop and publish APPS in YOUR APP MARKETPLACE(S).
`REQUEST FOR PRODUCTION NO. 15:
`DOCUMENTS sufficient to show any commissions and/or transaction fees charged by
`YOU when a user makes a purchase from YOUR APP MARKETPLACE(S) or from an APP
`downloaded from the same, INCLUDING:
`any commissions and/or transaction fees charged on the sale of