PUBLIC VERSION
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before the Honorable MaryJoan McNamara
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN VEHICLE CONTROL
`SYSTEMS, VEHICLES CONTAINING
`THE SAME, AND COMPONENTS
`THEREOF
`
`Investigation No. 337-TA-1235
`
`COMPLAINANTS' UNOPPOSED MOTION SEEKING RECOMMENDATION TO THE
`DISTRICT COURT TO ISSUE A LETTER OF REQUEST PURSUANT TO THE
`HAGUE CONVENTION FOR INTERNATIONAL JUDICIAL ASSISTANCE
`IN PROCURING EVIDENCE
`
`Pursuant to 19 C.F.R. §§ 2 10.32 and 2 10.26, Complainants Jaguar Land Rover Limited
`
`and Jaguar Land Rover North America, LLC (together, "JLR" or "Complainants") move for the
`
`Administrative Law Judge's Recommendation that the United States District Comi for the District
`
`of Columbia issue a Letter of Request to pursuant to the Hague Convention of 18 March 1970 on
`
`Talcing Evidence Abroad in Civil or Commercial Matters (the "Hague Convention") on behalf of
`
`Complainants to obtain discovery from the following foreign third paiiy:
`
`The Letter of Request to
`
`solicits assistance from the appropriate
`
`judicial authority in the Federal Republic of Ge1many to obtain from
`
`ce1i ain
`
`documents and testimony relevant to Complainants' claims of infringement in this Investigation,
`
`which are unobtainable through other means.
`
`As set for in the attached memorandum, Complainants respectfully request that the
`
`Administrative Law Judge recommend that the District Comi for the District of Columbia issue
`
`

`

`
`
`the attached Letter of Request for International Assistance compelling
`
` to
`
`produce relevant and responsive documents and testimony concerning the Accused Products.
`
`GROUND RULE 2.2 CERTIFICATION
`
`
`While a request for international judicial assistance cannot be accomplished by agreement
`
`of the parties and must involve a request to the Commission, pursuant to Ground Rule 2.2,
`
`Complainants certify that they have made a reasonable, good-faith effort to contact and resolve the
`
`matter with counsel for Respondents Dr. Ing. h.c. F. Porsche AG., Porsche Cars North America,
`
`Inc., Volkswagen AG, Volkswagen Group of America, Inc., Automobili Lamborghini S.p.A,
`
`Automobili Lamborghini America, LLC, Audi AG, and Audi of America, LLC (collectively,
`
`“Respondents”) at least two business days before filing this motion. Respondents have indicated
`
`that they do not oppose the present motion and have agreed to waive the two day notice
`
`requirement.
`
`
`
`

`

`
`
`Dated: February 12, 2021
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Michael A. David
`Matthew J. Moore
`Maximilian A. Grant
`Bert C. Reiser
`Jeremiah Egger
`Diane Ghrist
`LATHAM & WATKINS LLP
`555 11th St. NW, Suite 1000
`Washington, D.C. 20004-1304
`Phone: (202) 637-2200
`
`Clement Naples
`Michael A. David
`LATHAM & WATKINS LLP
`885 Third Avenue
`New York, NY 10022-4834
`Phone: (212) 906-1200
`
`Daniel McNeely
`LATHAM & WATKINS LLP
`330 North Wabash Avenue, Suite 2800
`Chicago, IL 60611
`Phone: (312) 876-7700
`
`Gabrielle A. LaHatte
`LATHAM & WATKINS LLP
`505 Montgomery Street, Suite 2000
`San Francisco, CA 94111
`Phone: (415) 391-0600
`
`Chris Henry
`LATHAM & WATKINS LLP
`200 Clarendon Street
`Boston, MA 02116
`Phone: (617) 948 6000
`
`
`Counsel for Complainant Jaguar Land Rover
`Limited and Jaguar Land Rover North
`America, LLC
`
`
`
`
`
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before the Honorable MaryJoan McNamara
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN VEHICLE CONTROL
`SYSTEMS, VEHICLES CONTAINING
`THE SAME, AND COMPONENTS
`THEREOF
`
`Investigation No. 337-TA-1235
`
`MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
`COMPLAINANTS' UNOPPOSED MOTION SEEKING RECOMMENDATION TO THE
`DISTRICT COURT TO ISSUE A LETTER OF REQUEST PURSUANT TO THE
`HAGUE CONVENTION FOR INTERNATIONAL JUDICIAL ASSISTANCE
`IN PROCURING EVIDENCE
`
`Complainants Jaguar Land Rover Limited and Jaguar Land Rover No1ih America, LLC
`
`(together, "JLR" or "Complainants"), pursuant to 19 C.F.R. § 210.32 and § 210.26, hereby apply
`
`for the issuance of the attached Recommendation (Exhibit A) that the District Comi for the District
`
`of Columbia issue a Letter of Request on behalf of Complainants to obtain documents and
`
`deposition testimony from the following foreign third pa11y:
`
`The Letter of Request solicit assistance from the appropriate judicial authority in the
`
`Federal Republic of Ge1many to obtain from
`
`ce11ain
`
`documents and testimony relevant to Complainants' infringement claim, and unobtainable through
`
`other means.
`
`Complainants respectfully request that the Administrative Law Judge grant this motion so
`
`that Complainants may initiate a civil proceeding in the District Comi for the District of
`
`Columbia's miscellaneous docket and obtain issuance of the attached Letter of Request.
`
`

`

`
`
`Attached to the Letter of Request, Complainants included a set of definitions, a set of
`
`requests for the production of documents and other things, a set of deposition topics, the Protective
`
`Order, 1 the Ground Rules, and the Complaint (Attachments A, B, C, D, E, and F respectively, to
`
`the Letter of Request (Exhibit B)). Complainants have also attached certified translations of
`
`Attachments A-F to the certified translation of the Letter of Request. See U.S. State Department-
`
`Bureau of Consular Affairs, Hong Kong Country Information, Service of Process, available at
`
`https://travel.state.gov/content/travel/en/legal/Judicial-Assistance-Country-
`
`Information/Germany.html
`
`I. THE DISTRICT COURT HAS AUTHORITY TO ISSUE LETTERS OF REQUEST
`The Hague Convention provides that “[i]n civil or commercial matters a judicial authority
`
`of a Contracting State may, in accordance with the provision of the law of that State, request the
`
`competent authority of another Contracting State, by means of a Letter of Request, to obtain
`
`evidence, or to perform some other judicial act.” Hague Convention, Art. 1. Both the United
`
`States and the Federal Republic of Germany are parties to the Hague Convention. The Federal
`
`Republic of Germany
`
`ratified
`
`the Hague Convention on June 26, 1979.
`
` See
`
`http://www.hcch.net/index en.php?act=states.details&sid=48.
`
`The Hague Convention authorizes the District Court for the District of Columbia to issue
`
`the Letter of Request. See Societe Nationale Industrielle Aerospatiale v. U.S. Dist. Court for S.
`
`Dist. of Iowa, 482 U.S. 522, 535 (1987) (stating that “a judicial authority in one contracting state
`
`‘may’ forward a letter of request to the competent authority in another contracting state for the
`
`purpose of obtaining evidence”); see also, e.g., Certain Audio Processing Hardware, Software,
`
`
`1 If the Court subsequently enters any addendums to the Protective Order, including a source code
`addendum, Complainants will also include a copy of any addendum with the Letter of Request as
`well.
`
`
`
`

`

`and Prods. Containing the Same, Inv. No. 337-TA-1026, 2017 ITC LEXIS 253, Order No. 13
`
`(Feb. 15, 2017) (recommending that the U.S. District Comi for the District of Columbia issue a
`
`Letter of Request to Israel); Certain Electronic Devices with Communication Capabilities,
`
`Components Thereof and Related Software, Inv. No. 337-TA-808, Order No. 14 (May 31, 2012)
`
`(recommending the U.S. District Comi for the Disti·ict Comi of Columbia issue a Letter of Request
`
`to the United Kingdom); Certain Wireless Devices with 3G Capabilities and Components Thereof,
`
`Inv. No. 337-TA-800, Order No. 10 (Jan. 4, 2012) (recommending the U.S. District Comi for the
`
`Disti·ict Comi of Columbia issue a Letter of Request to France); Order No. 11 (recommending the
`
`U.S. Disti·ict Comi for the District Comi of Columbia issue a Letter of Request to Sweden); and
`
`Order No. 12 (recommending the U.S. District Comi for the District Comi of Columbia issue a
`
`Letter of Request to Switzerland).
`
`II. A LETTER OF REQUEST IS NECESSARY TO OBTAIN DISCOVERY FROM
`
`Complainants allege that Respondents violated Section 337 of the Tariff Act of 1930, as
`
`amended, 19 U.S.C. § 1337, because Respondents have unlawful impo1ied, sold for impo1i , or sold
`
`after impo1i a vehicle control system, known as _
`
`, 2 vehicle containing this system, and
`
`components thereof. These products infringe several claims of U.S. Patent No. RE46,828 ('" 828
`
`patent"). Respondents have identified -
`
`as a supplier for the accused vehicle control
`
`system that is used in all eight of the accused vehicles. In order for Complainants to establish a
`
`337 violation, Complainants seek documents and infonnation from -
`
`regarding the
`
`functionality and operation of the accused vehicle control system. The Letter of Request directs
`
`

`

`
`
` to produce documents and provide testimony relating to these topics, as set forth in
`
`Attachments B and C to the Letter.
`
`III. ARGUMENT
`
`1.
`
`The Letter of Request should issue for several reasons. First, the deposition
`
`testimony and documents requested in the Letter are highly relevant to Complainants’ allegations
`
`of infringement in this investigation. Complainants require technical information regarding the
`
`accused vehicle control systems used in the eight accused vehicles. Here, while there are eight
`
`different accused vehicles at issue, all eight use the same accused vehicle control system.
`
` was identified as a software supplier of and having information relating to the accused
`
`vehicle control system. Understanding how this single accused vehicle control system operates
`
`will allow Complainants to further assess its claims of infringement against Respondents products’
`
`and may also allow the parties to enter into representative product stipulation(s) further simplifying
`
`this case.
`
`2.
`
`The information and documents sought are narrowly tailored to obtain information
`
`relating to the functionality and operation of the accused vehicle control system. The information
`
`and documents sought are therefore directly relevant to Complainants’ infringement allegations
`
`regarding the ’828 patent, and cannot be construed as requesting information that may compromise
`
`the security of the Federal Republic of Germany.
`
`- -
`
`-
`
`Commission’s subpoena power.
`
`3.
`
`Respondents are unable to obtain the requested testimony or documents of
`
` by any other means, because
`
` is a German company beyond the reach of the
`
`-
`
`-
`
`4.
`
`The Letter of Request does not require
`
` to indicate which documents are
`
`relevant to this Investigation or to produce documents other than those requested. And any
`
`
`
`

`

`
`
`information or documents provided would be subject to the Protective Order in this Investigation.
`
`Moreover, Complainants will comply with any procedures required under German law for the
`
`taking of depositions.
`
`Complainants are prepared to meet the procedural requirements for obtaining evidence
`
`through a Letter of Request, including by obtaining a Letter of Request with a District Court
`
`judge’s signature and the District Court’s seal (and a translated copy thereof), and transmitting the
`
`Letter of Request to the Central Authority for the Federal Republic of Germany for enforcement
`
`-
`
`in a German court. The German court will serve the Letter of Request on
`
`.
`
`IV. CONCLUSION
`
`For the foregoing reasons, Complainants respectfully request that the Administrative Law
`
`Judge grant Complainants’ unopposed motion and recommend to the District Court for the District
`
`of Columbia that it issue a Letter of Request pursuant to the Hague Convention.
`
`
`
`

`

`
`
`Dated: February 12, 2021
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Michael A. David
`Matthew J. Moore
`Maximilian A. Grant
`Bert C. Reiser
`Jeremiah Egger
`Diane Ghrist
`LATHAM & WATKINS LLP
`555 11th St. NW, Suite 1000
`Washington, D.C. 20004-1304
`Phone: (202) 637-2200
`
`Clement Naples
`Michael A. David
`LATHAM & WATKINS LLP
`885 Third Avenue
`New York, NY 10022-4834
`Phone: (212) 906-1200
`
`Daniel McNeely
`LATHAM & WATKINS LLP
`330 North Wabash Avenue, Suite 2800
`Chicago, IL 60611
`Phone: (312) 876-7700
`
`Gabrielle A. LaHatte
`LATHAM & WATKINS LLP
`505 Montgomery Street, Suite 2000
`San Francisco, CA 94111
`Phone: (415) 391-0600
`
`Chris Henry
`LATHAM & WATKINS LLP
`200 Clarendon Street
`Boston, MA 02116
`Phone: (617) 948 6000
`
`
`Counsel for Complainant Jaguar Land Rover
`Limited and Jaguar Land Rover North
`America, LLC
`
`
`
`
`
`
`

`

`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before the Honorable MaryJoan McNamara
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN VEHICLE CONTROL
`SYSTEMS, VEHICLES CONTAINING
`THE SAME, AND COMPONENTS
`THEREOF
`
`
`
`Investigation No. 337-TA-1235
`
`
`
`ORDER NO. [ ]:
`
`[PROPOSED] GRANTING COMPLAINANTS’ MOTION SEEKING
`RECOMMENDATION TO THE DISTRICT COURT FOR THE
`DISTRICT OF COLUMBIA TO ISSUE A LETTER OF REQUEST
`PURSUANT
`TO
`THE HAGUE CONVENTION
`FOR
`INTERNATIONAL JUDICIAL ASSISTANCE IN PROCURING
`EVIDENCE
`
`On February 12, 2021, Complainants Jaguar Land Rover Limited and Jaguar Land Rover
`
`North America, LLC (together, “JLR” or “Complainants”) filed an unopposed motion requesting
`
`that the Administrative Law Judge issue the attached Recommendation to the District Court for
`
`the District of Columbia to issue a Letter of Request on behalf of Complainants to obtain discovery
`
`from a non-party
`
`. Respondents did not oppose the motion.
`
`Pursuant to the Federal Rules of Civil Procedure and the All Writs Act, United States
`
`District Courts are authorized to transmit Letters of Request to the Department of State or to the
`
`appropriate foreign tribunal, officer, or agency. Fed. R. Civ. P. 4(f); 28 U.S.C. §§ 1651, 1781.
`
`Administrative law judges may issue recommendations to the United States District Court for the
`
`District of Columbia to issue such letters. See, e.g., Certain Wireless Audio Systems and
`
`Components Thereof, Inv. No. 337-TA-1071, Order No. 6 (Oct. 5, 2017).
`
`
`
`
`
`
`
`

`

`
`
`There being no opposition and for good cause shown, the motion is GRANTED.
`
`Recommendation to the United States District Court for the District of Columbia is attached hereto
`
`as Exhibit A.
`
`SO ORDERED.
`
`
`
`Respectfully submitted this___day of ________, 2021
`
`
`
`MaryJoan McNamara
`Administrative Law Judge
`
`
`
`
`
`
`
`

`

`
`
`
`
`
`
`EXHIBIT A
`
`EXHIBIT A
`
`
`
`

`

`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before the Honorable MaryJoan McNamara
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN VEHICLE CONTROL
`SYSTEMS, VEHICLES CONTAINING
`THE SAME, AND COMPONENTS
`THEREOF
`
`
`
`Investigation No. 337-TA-1235
`
`
`
`[PROPOSED] RECOMMENDATION TO THE DISTRICT COURT FOR THE
`DISTRICT OF COLUMBIA TO ISSUE LETTER OF REQUEST
`
`The undersigned Administrative Law Judge finds that the evidence Complainants Jaguar
`
`Land Rover Limited and Jaguar Land Rover North America, LLC (together, “JLR” or
`
`“Complainants”) seek pursuant to their Proposed Letter of Request is reasonably necessary to fully
`
`investigate Complainants’ claims of a violation of Section 337 of the Tariff Act of 1930, as
`
`amended, 19 U.S.C. § 1337, specifically as it relates to Complainants’ allegations of infringement
`
`of U.S. Patent No. RE46,828 against Respondents Dr. Ing. h.c. F. Porsche AG., Porsche Cars North
`
`America, Inc., Volkswagen AG, Volkswagen Group of America, Inc., Automobili Lamborghini
`
`S.p.A, Automobili Lamborghini America, LLC, Audi AG, and Audi of America, LLC
`
`(collectively, “Respondents”). Accordingly, the undersigned recommends that the District Court
`
`for the District of Columbia issue, under its seal and signature, the attached Letter of Request (and
`
`its certified German translation) to the Director of International Affairs of the Central Authority of
`
`the Requested State in the Federal Republic of Germany.
`
`
`
`
`
`
`
`

`

`
`
`A Letter of Request is the appropriate method of gathering necessary evidence outside
`
`the United States. Rule 28(b) of the Federal Rules of Civil Procedure contemplates gathering
`
`evidence through a deposition in a foreign country pursuant to a properly issued letter of request.
`
`See Fed. R. Civ. P. 28 (“A deposition may be taken in a foreign country . . . under a letter of
`
`request. . . . A [letter of request] may be issued: (A) on appropriate terms after an application and
`
`notice of it.”). JLR must transmit the Letter of Request with a District Court judge’s signature
`
`and the District Court’s seal to the Central Authority for the Federal Republic of Germany for
`
`enforcement in a German court. Complainants’ Letter of Request meets the standards for Letters
`
`of Request set forth by the United States Department of State and the Hague Convention. See
`
`U.S. Department of State, International Judicial Assistance, Germany at
`
`https://travel.state.gov/content/travel/en/legal/Judicial-Assistance-
`
`Country- Information/Germany.html
`
`In order to comply with the statutory time limitations on International Trade Commission
`
`investigations, the undersigned respectfully requests the Court to assign a judge and schedule a
`
`hearing to expedite the issuance of the Letter of Request.
`
`
`
`
`
`
`
`Respectfully submitted this___ day of ________, 2021
`
`
`
`
`
`MaryJoan McNamara
`Administrative Law Judge
`
`
`Address for Return Issued Letter of Request:
`Matt Moore
`Latham & Watkins
`555 Eleventh Street, NW, Suite 1000
`Washington, D.C. 20004-1304
`
`
`
`
`
`
`
`

`

`
`
`
`
`
`
`EXHIBIT B
`
`EXHIBIT B
`
`
`
`

`

`
`
`In the United States District Court
`For the District of Columbia
`
`
`
`
`
`
`
`
`
`
`Civ. Action No. Misc.__________
`
`
`
`Jaguar Land Rover Limited and Jaguar Land
`Rover North America, LLC,
`
`Plaintiffs (Complainants),
`
`v.
`
`Dr. Ing. h.c. F. Porsche AG., Porsche Cars
`North America, Inc., Volkswagen AG,
`Volkswagen Group of America, Inc.,
`Automobili Lamborghini S.p.A, Automobili
`Lamborghini America, LLC, Audi AG, and
`Audi of America, LLC.
`
`Defendants (Respondents).
`
`
`REQUEST FOR INTERNATIONAL ASSISTANCE – LETTER OF REQUEST
`
`The undersigned Judge of the United States District Court for the District of Columbia
`
`respectfully requests international judicial assistance to obtain evidence, under the Hague
`
`Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters,
`
`to be used in an administrative proceeding as approved by this Court in the above captioned matter.
`
`Based on representations made by Jaguar Land Rover Limited and Jaguar Land Rover
`
`-
`
`-
`
`North America, LLC (collectively, “Complainants”), this Court believes that
`
`
`
` is in possession of documents and has knowledge regarding material facts that are
`
`relevant for the proper prosecution of the above-referenced administrative proceeding. This Court
`
`requests the assistance described herein.
`
`
`
`
`
`_________________________________
`
`United States District Court Judge
`U.S. District Court for the District Court of Columbia
`Washington, D.C., United States of America
`
`
`
`

`

`ender
`
`enti·al Authority of the
`equested State
`
`ersons to whom the
`xecuted request is to be
`·etumed
`
`ate by which the requesting
`uthority requires receipt of
`he response to the Letter of
`equest:
`
`atthew J. Moore
`atham & Watkins LLP
`55 11th Sti·eet NW
`uite 1000
`ashington, DC 20004
`SA
`el: + 1 202.637 .2278
`
`atthew J. Moore
`atham & Watkins LLP
`55 11th Sti·eet NW
`uite 1000
`ashington, DC 20004
`SA
`el: + 1 202.637 .2278
`mail: JLRITC.LWTEAM@lw.com
`
`s soon as reasonably practicable.
`
`eason for m gency: Under Section 337 of the Tariff Act
`f 1930, as amended, 19 U.S.C. § 1337, investigations in
`he United States International Trade Commission must
`e completed "at the earliest practicable time." The fact
`iscovery cutoff for this Investigation has been set for
`une 11, 2021.
`
`conformity with Alticle 3 of the Convention, the Undersigned Applicant presents its
`ompliments to the competent judicial authority in Ge1many and respectfully submits the
`ollowing request:
`
`. Requesting judicial
`uthority (aiticle 3, a)
`
`e Honorable - - - - - -
`hief Judge
`nited States Disti·ict Comt for the District of Columbia
`. BaITett Prettyman Federal Comt house
`33 Constitution Avenue, N.W.
`
`

`

`ashington, DC 20001
`nited States
`
`. To the competent
`uthority of (article 3, a)
`
`. Name of the case and any
`· dentifying number
`
`n the Matter of CERTAIN VEHICLE CONTROL
`YSTEMS, VEHICLES CONTAINING THE SAME, AND
`OMPONENTS THEREOF, Case No. 337-TA-1235
`
`ame and addresses of the pa1iies and their representatives (including representatives in
`he requested state)
`
`omplainants
`
`aguar Land Rover Limited and Jaguar Land Rover
`01t h America, LLC
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`Representatives (US)
`
`Matthew J. Moore
`Maximilian A. Grant
`Bert C. Reiser
`Jeremiah Egger
`Diane Ghrist
`LATHAM & WATKINS LLP
`555 11th St. NW, Suite 1000
`Washington, D.C. 20004-1304
`Phone: (202) 637-2200
`
`Clement Naples
`Michael A. David
`LATHAM & WATKINS LLP
`885 Third Avenue
`New York, NY 10022-4834
`Phone: (212) 906-1200
`
`Daniel McNeely
`LATHAM & WATKINS LLP
`330 North Wabash Avenue, Suite 2800
`Chicago, IL 60611
`Phone: (312) 876-7700
`
`Gabrielle A. LaHatte
`LATHAM & WATKINS LLP
`505 Montgomery Street, Suite 2000
`San Francisco, CA 94111
`Phone: (415) 391-0600
`
`Chris Henry
`LATHAM & WATKINS LLP
`200 Clarendon Street
`Boston, MA 02116
` Phone: (617) 948 6000
`
`Respondents
`
`Representatives (US)
`
`Dr. Ing. h.c. F. Porsche AG., Porsche Cars North
`America, Inc., Volkswagen AG, Volkswagen Group of
`America, Inc., Automobili Lamborghini S.p.A,
`Automobili Lamborghini America, LLC, Audi AG, and
`Audi of America, LLC
`
`Daniel E. Yonan
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 New York Avenue, NW
`Washington, D.C. 20005
`
`
`
`

`

`. Nature of the proceedings
`aiiicle 3, c)
`
`. Summaiy of complaint
`
`. Evidence to be obtained or
`ther judicial act to be
`erfo1med ( aiiicle 3, d)
`
`. Purpose of the evidence or
`· udicial act sought
`
`dentity and address of any
`erson to be exainined
`Aliicle 3, e)
`
`is is a proceeding being conducted by the United
`tates International Trade Commission ("the
`ommission") under Section 337 of the Tariff Act of
`1930, as amended, 19 U.S.C. § 1337 ("Section 337")
`ased on a Complaint filed by Jaguar Land Rover
`imited and Jaguai· Land Rover No1ih America, LLC on
`ovember 19, 2020.
`
`omplainants allege that Respondents Dr. Ing. h.c. F .
`orsche AG., Porsche Cai·s No1ih America, Inc.,
`olkswagen AG, Volkswagen Group of America, Inc.,
`utomobili Lamborghini S.p.A, Automobili
`amborghini America, LLC, Audi AG, and Audi of
`erica, LLC (collectively, "Respondents") infringe the
`laims of U.S. Patent No. RE46,828 entitled "Vehicle
`ontrol," a reissue of U.S. Patent No. 7,349,776, based
`1pon inclusion of Audi Drive Select, Porsche Traction
`anagement, Lamborghini ANIMA, and VW 4Motion
`ontrol vehicle control systems in ce1iain models of
`ehicles sold, including the Porsche Cayenne E3,
`amborghini Urns, Audi Q8, Q7, Q5, A6 Allroad, E(cid:173)
`·on, and VW Tiguan, in the United States .
`
`e Requesting Judicial Authority requests that the
`entral Authori~
`relevant
`owledge from - to sit for oral
`xamination and produce related documentary evidence,
`o be explained in more detail below.
`
`omplainants seek to obtain evidence relating to source
`ode that Respondents use in their vehicles. This
`· fo1m ation is relevant to Complainants' claims that
`espondents' ongoing use of such source code infringes
`.S. Patent No. RE46 828. Respondents have named
`as the entity with the source code
`1ngmg vehicles.
`
`and a c01porate designee
`
`10.
`
`uestions to be put to the
`ersons to be examined or
`tatement of the subject-
`
`ee Attachment C.
`
`

`

`
`
`11.
`
`12.
`
`13.
`
`
`
`
`
`matter about which they are
`to be examined (Article 3, f)
`
`Documents or other property
`to be inspected (Article 3,
`(g))
`
`Requirement that the
`Evidence be Given on Oath
`or Affirmation (Art. 3(h))
`
`Special methods or
`procedure to be followed
`(Art. 3(i) and 9)
`
`The documents to be inspected are those related to the
`topics forth on Attachment B.
`
`The witness(es) should be examined under oath or
`affirmation.
`
`This Letter of Request includes the following requests:
`
`• That this Letter of Request be granted and the
`evidence-taking proceeding be performed on an
`expedited basis because the fact discovery cut off
`in the underlying case is on June 11, 2021;
`• That attorneys for the Complainants be permitted
`to ask the witness additional questions that are
`related to the subject matter set forth in
`Attachment A;
`• That an authorized shorthand writer/court
`reporter be present at the examination who shall
`record the oral testimony verbatim (in English)
`and prepare a transcript of the evidence;
`• That an authorized shorthand writer/court
`reporter be present at the examination who shall
`record the oral testimony verbatim (in German)
`and prepare a transcript of the evidence;
`• That an authorized interpreter for each side be
`present at the examination who shall translate the
`questions and oral testimony between German
`and English;
`• That the examinations take place at dates and
`times as may be agreed upon between the
`witness and counsel for the parties; and
`
`In the event the evidence cannot be taken in the manner
`or location requested, it is to be taken in such a manner
`or location as provided by local law. To the extent any
`request in this section is deemed incompatible with
`German principles of procedural law, it is to be
`disregarded.
`
`
`
`

`

`
`
`14.
`
`15.
`
`16.
`
`Request for information of
`time and place for the
`execution of the Request
`pursuant to Article 7 of the
`Convention
`
`Request for Attendance of
`Participation of Judicial
`Personnel of the Requesting
`Authority at the Execution of
`the Letter of Request (Art. 8)
`
`Specification of Privilege or
`Duty to Refuse to Give
`Evidence Under the Law of
`the State of Origin
`(Art. 11 (b))
`
`17.
`
`Fees and costs (Art. 14
`and 26)
`
`Date of Request:
`
` of
`
`, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`It is requested that United States counsel for the
`Complaints, at the addresses set forth in paragraph 6
`above, should be contacted for any information relating
`to the execution of this Letter of Request.
`
`No attendance of judicial personnel is requested.
`
`The privilege or duty of the witness to refuse to give
`evidence shall be the same as if they were testifying
`under the applicable provisions of the Federal Rules of
`Civil Procedure, including if giving such evidence
`would (1) subject them to a real and appreciable danger
`of criminal liability in the United States, or (2) disclose a
`confidential and privileged communication between
`them and their respective attorneys.
`
`Complainants, to the extent any such fees apply. Please
`contact the Complainants’ United States counsel, at the
`address set out under paragraph 6 above, to make any
`necessary financial arrangements.
`
`
`Signature and Seal of Requesting Authority
`
`
`
`
`
`
`United States District Court Judge
`U.S. District Court for the District of Columbia
`Washington, D.C., United States of America
`
`
`
`
`
`
`
`
`
`

`

`
`
`ATTACHMENT A: REQUESTS FOR TESTIMONY AND DOCUMENTS
`DEFINITIONS
`
`The following definitions are applicable herein, regardless of whether upper or lower case
`
`letters are used:
`
`1.
`
`“
`
`-
`
`,” “You,” “you,” “Your,” and “your” collectively mean and refer to
`
`
`
`, and all predecessors, successors, predecessors-in-interest, successors-in-
`
`-
`
`-
`
`interest, subsidiaries, divisions, parents, and/or affiliates, past or present, any companies that have
`
`a controlling interest in
`
` and any current or former employee, officer, director, principal,
`
`agent, consultant, sales representative, or attorney thereof.
`
`2.
`
`“Respondents” means and refers to Dr. Ing. h.c. F. Porsche AG., Porsche Cars
`
`North America, Inc., Volkswagen AG, Volkswagen Group of America, Inc., Automobili
`
`Lamborghini S.p.A, Automobili Lamborghini America, LLC, Audi AG, and Audi of America,
`
`LLC, including their past and present officers, directors, employees, partners, consultants, agents,
`
`attorneys, and others acting or purporting to act on their behalf, and including their predecessors,
`
`corporate parent, subsidiaries, or affiliates.
`
`3.
`
`“Audi” means and refers to Audi AG, and Audi of America, LLC, including their
`
`past and present officers, directors, employees, partners, consultants, agents, attorneys, and others
`
`acting or purporting to act on their behalf, and including their predecessors, corporate parent,
`
`subsidiaries, or affiliates.
`
`4.
`
`“Porsche” means and refers to Dr. Ing. h.c. F. Porsche AG. And Porsche Cars North
`
`America including their past and present officers, directors, employees, partners, consultants,
`
`agents, attorneys, and others acting or purporting to act on their behalf, and including their
`
`predecessors, corporate parent, subsidiaries, or affiliates.
`
`
`
`
`
`
`
`

`

`
`
`5.
`
`“Lamborghini” means and refers to Automobili Lamborghini S.p.A and
`
`Automobili Lamborghini America, LLC, including their past and present officers, directors,
`
`employees, partners, consultants, agents, attorneys, and others acting or purporting to act on their
`
`behalf, and including their predecessors, corporate parent, subsidiaries, or affiliates.
`
`6.
`
`“VW” means and refers to Volkswagen AG, Volkswagen Group of America, Inc.,
`
`including their past and present officers, directors, employees, partners, consultants, agents,
`
`attorneys, and others acting or purporting to act on their behalf, and including their predecessors,
`
`corporate parent, subsidiaries, or affiliates.
`
`7.
`
`“Accused Vehicle Control System” means and refers to the
`
`
`
` that provide off-road settings, also known as Audi Drive Select or ADS, Porsche
`
`Traction Management or PTM, the Lamborghini Adaptive Network Intelligent Management or
`
`ANIMA, and the VW 4Motion Active Control vehicle control systems.
`
`8.
`
`“Accused Product(s)” means and refers to Audi Q8, Q7, Q5, A6 Allroad, E-tron,
`
`Porsche Cayenne E3, Lamborghini Urus, and VW Tiguan vehicles equipped with the Accused
`
`Vehicle Control System, vehicles that JLR contends infringes the U.S. Patent No. RE46,828.
`
`9.
`
`“Communication” means the transmission of information, including, electronic
`
`communications and electronic mail.
`
`
`
`
`
`
`
`

`

`ATTACHMENT B: REQUESTS FOR PRODUCTION
`
`Documents, including agreements, technical requirements and specifications, relating to
`Accused Vehicle Control System, including the
` software provided and/or sold
`by
` for use in the Accused Products.
`
`Documented, un-compiled source code and object code for each version of the Accused
`Vehicle Control System, including the
` software provided and/or sold by
` for use in the Accused Products.
`
`
`Logic diagrams, flowcharts, source code listings, and/or other documents concerning such
`source code and object code, for each version of the Accused Vehicle Control System,
`including the
` software, provided and/or sold by
` for use in the Accused
`Products.
`
`Documents, including agreements, relating to
`
`Documented, un-compiled source code and object code for each version of the Accused
`Vehicle Control System, including the
` software, provided and/or sold by
` for use in the Accused Products.
`
`-
`-
`--
`-
`-
`
` relationship to Respondents.
`
`-
`-
`
`-
`
`
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`10.
`
`11.
`
`
`
`
`
`-
`
`-
`
`
`
`
`Logic diagrams, flowcharts, source code listings, and/or other documents concerning such
`source code and object code, for each version of the Accused Vehicle Control System,
`including the
` software, provided and/or sold by
` for use in the Accused
`Products.
`
`For the source code and object code provided in response to these Requests, documents
`sufficient to show all differences between that version (or release or revision) and each
`prior version (or release or revision) of the Accused Products.
`
`Documents, including email communications, between You and Respondents relating to
`U.S. Patent Nos. RE46,828 and 7,349,776.
`
`Documents, including email communications between You and Respondents, relating to
`Jaguar Land Rover’s Terrain Response system.
`
`Communications, including email communications, with Respondents and/or counsel for
`Respondents relating to this Letter of Request.
`
`Communications, including email communications, with Respondents and/or counsel for
`Respondents relating to the case captioned In the Matter of: CERTAIN VEHICLE
`CONTROL SYSTEMS, VEHICLES CONTAINING THE SAME, AND COMPONENTS
`THEREOF, Case No. 337-TA-1235.
`
`

`

`
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`12.
`
`13.
`
`14.
`
`15.
`
`16.
`
`
`
`
`
` and Re