Trial@uspto.gov
`571-272-7822
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` Paper 19
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`Entered: February 13, 2013
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`GARMIN INTERNATIONAL, INC. ET AL.
`Petitioner
`
`v.
`
`CUOZZO SPEED TECHNOLOGIES LLC
`Patent Owner
`
`
`Case IPR2012-00001
`Patent 6,778,074
`
`
`Before MICHAEL P. TIERNEY, Lead Administrative Patent Judge, JAMESON
`LEE, and JOSIAH C. COCKS, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`ORDER
`MOTION FOR ADDITIONAL DISCOVERY
`37 C.F.R. § 42.51
`
`This morning, patent owner requested a telephone conference call to discuss
`
`
`
`its discovery requests to the petitioner. The papers accompanying that request are
`
`attached to this communication. The conference call will be held tomorrow
`
`morning, February 14th, 2013 at 11:00 AM.
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`
`571-272-7822
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` Paper 19
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`Entered: February 13, 2013
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`GARMIN INTERNATIONAL, INC. ET AL.
`Petitioner
`
`v.
`
`CUOZZO SPEED TECHNOLOGIES LLC
`Patent Owner
`
`
`Case IPR2012-00001
`Patent 6,778,074
`
`
`Before MICHAEL P. TIERNEY, Lead Administrative Patent Judge, JAMESON
`LEE, and JOSIAH C. COCKS, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`ORDER
`MOTION FOR ADDITIONAL DISCOVERY
`37 C.F.R. § 42.51
`
`This morning, patent owner requested a telephone conference call to discuss
`
`
`
`its discovery requests to the petitioner. The papers accompanying that request are
`
`attached to this communication. The conference call will be held tomorrow
`
`morning, February 14th, 2013 at 11:00 AM.
`
`
`
`Case IPR 2012-00001
`Patent 6,778,074
`
`
`
`Under the Leahy-Smith America Invents Act, discovery is available for the
`
`deposition of witnesses submitting affidavits or declarations and for “what is
`
`otherwise necessary in the interest of justice.” 35 U.S.C. § 316(a)(5); see also 37
`
`C.F.R. § 42.51(b)(2)(“The moving party must show that such additional discovery
`
`is in the interest of justice ….”). That is significantly different from the scope of
`
`discovery generally available under the Federal Rules of Civil Procedure.
`
`
`
`During the scheduled conference call, counsel for patent owner should be
`
`prepared to explain specifically why each item in patent owner’s proposed
`
`discovery request meets the applicable standard of discovery in this proceeding. In
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`particular, with respect to each item of the proposed discovery request, counsel for
`
`patent owner should be prepared to indicate the full extent the patent owner, from
`
`its own perspective, already has the substantive information requested. The patent
`
`owner’s own answers will provide a foundation on which to evaluate the questions
`
`of need and interest of justice.
`
`
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`In the interest of streamlining the issues, the patent owner is urged to
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`reconsider the scope of its proposed discovery before the conference call and
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`modify its list of requested items accordingly.
`
`
`
`
`
`It is
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`ORDERED that a telephone conference call will be held tomorrow,
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`February 14, 2013, at 11:00 AM to discuss any remaining items of proposed
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`discovery still desired by the patent owner.
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`
`
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`-2-
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`
`
`Case IPR 2012-00001
`Patent 6,778,074
`
`For PETITIONER
`
`Jennifer C. Bailey
`HOVEY WILLIAMS LLP
`jcb@hoveywilliams.com
`
`For PATENT OWNER
`
`John R. Kasha
`Kasha Law LLC
`john.kasha@kashalaw.com
`
`Cabrach J. Connor
`Reed & Scardino LLP
`cconnor@reedscardino.com
`
`
`
`
`
`-3-
`
`
`
`
`
`
`
`Via Electronic Mail
`
`February 11, 2013
`
`Jennifer C. Bailey
`Hovey Williams LLP
`10801 Mastin Blvd., Suite 1000
`84 Corporate Woods
`Overland Park, KS 66210
`jbailey@hoveywilliams.com
`
`
`Re: Garmin International, Inc., et al. v. Cuozzo Speed Technologies LLC;
`Case IPR2012-0001 (JL); Patent No. 6,778,074
`
`
`Dear Jennifer:
`
`
`I write on behalf of patent owner Cuozzo Speed Technologies LLC seeking
`Petitioner’s agreement to present a witness or witnesses to testify on behalf of the
`Petitioner at a mutually agreeable location and date. The topics of the examination
`would relate to matters at issue in the IPR. These include, generally: (i) Garmin’s
`efforts to design, develop, and commercialize a speed limit warning feature; (ii)
`Garmin’s discussions with the inventor G. Cuozzo prior to CST’s lawsuit; (iii)
`Garmin’s marketing of the speed alert/warning feature; and (iv) Garmin’s views of the
`success of the speed alert /warning feature in the marketplace.
`
`
`Please let me know if Petitioner will agree to present a witness or witnesses and
`some available dates for the deposition. If Petitioner will not, please let me know when
`you are available for a conference call with the Board so CST can formally request this
`additional discovery.
`
`
`
`
`Sincerely,
`/s/ Cabrach J. Connor
`Cabrach J. Connor
`
`
`cc:
`
`John Kasha; David Skeels
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`
`GARMIN INTERNATIONAL, INC. ET AL.
`Petitioner
`
`
`v.
`
`
`CUOZZO SPEED TECHNOLOGIES LLC
`Patent Owner
`
`____________
`
`
`Case IPR2012-00001
`Patent 6,778,074
`
`____________
`
`
`CUOZZO SPEED TECHNOLOGIES LLC’S FIRST SET
`OF INTERROGATORIES TO GARMIN (NOS. 1-19)
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`Patentee Cuozzo Speed Technologies LLC (“CST”) requests Petitioners
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`Garmin International, Inc. and Garmin USA, Inc. serve written responses to these
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`Interrogatories
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`to CST’s
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`lead and back-up counsel within 14 days.
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`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
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`
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`DEFINITIONS AND INSTRUCTIONS
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`The following definitions and instructions shall apply to each of the
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`interrogatories herein:
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`1.
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`The terms “Petitioner,” “You,” “Garmin International, Inc.,”
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`“Garmin USA, Inc.,” or “Garmin” mean Petitioners Garmin International, Inc. and
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`Garmin USA, Inc. and include any parents, predecessors, subsidiaries, affiliates,
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`divisions, associated organizations, joint ventures, present and former officers,
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`directors, trustees, employees, staff members, agents, or other representatives,
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`including counsel and patent agents, in any country.
`
`2.
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`The term “Privy” or “Privies” refers to Garmin Ltd., JVC
`
`Americas Corporation, JVC Kenwood Corporation, Chrysler Group LLC, Fiat
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`North America LLC, Fiat S.p.A., UAW Retiree Medical Benefits Trust, and any
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`other party in privity with Petitioners with respect to the products accused of
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`infringement by CST.
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`3.
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`The term “Cuozzo Speed” or “CST” or “Patentee” means
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`Cuozzo Speed Technologies LLC.
`
`4.
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`The term “Third Party” means a Person other than CST or
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`Garmin or any Privy.
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`5.
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`“Complaint” means the Complaint filed by CST on June 15,
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`2012, and the Amended Complaint filed by CST on or about August 20, 2012,
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`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
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`2
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`(Dkt. No. 35) in the United States District Court for the District of New Jersey;
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`Cuozzo Speed Technologies LLC v. Garmin Int’l, Inc. et al. Civil Action No. 2:12-
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`cv-03623-CCC-JAD; U.S.D.C. for the District of New Jersey.
`
`6.
`
`The terms “the Accused Product” or “the Accused Products”
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`means speed limit indicator products, packages, systems, or vehicle equipment
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`intended to provide an alert if the vehicle speed exceeds the speed limit for the
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`vehicle’s location or for determining vehicle speed, the relevant speed limit, and
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`displaying or delineating on a display speeds that are in excess of the speed limit.
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`Accused Products include without limitation the Garmin, JVC, and Chrysler
`
`products identified in CST’s Complaints and infringement contentions.
`
`7.
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`The terms “Person” or “Persons” shall include both natural
`
`persons, corporate or other business entities, and all other forms of legal entities,
`
`and shall include, but is not limited to the following: corporations, partnerships,
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`limited liability companies, joint ventures, associations, business organizations,
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`trade organizations, standards organizations, and sole proprietorships.
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`8.
`
`The term “Date” means the exact day, month, and year, if
`
`ascertainable, or, if not, the best approximation (including relationship to other
`
`events).
`
`9.
`
`The term “Document” has the broadest meaning accorded that
`
`term by Federal Rule of Civil Procedure 34(a) and includes, but is not limited to,
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
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`
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`3
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`
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`all of the items defined in Federal Rule of Evidence 1001, and all preliminary and
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`final drafts of any such item. The term shall include, but not be limited to, all
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`written, electronic, phonic, graphic, and recorded matter of every type and
`
`description and every tangible thing that is or has been in Your possession,
`
`custody, or control, to which You have access, or of which You have knowledge.
`
`“Documents” shall also include, but shall not be limited to, the following items,
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`whether printed or recorded or reproduced by hand: agreements, contracts, leases,
`
`communications (including intra-organization communications), electronically
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`stored information including without limitation electronic mail, data from Personal
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`Digital Assistants (including Palm Pilots, pagers, and other PDAs), data from
`
`mobile phones (including Blackberries and other mobile phones), and computer
`
`code or instructions, correspondence, faxes, telegrams, cables, telexes, teletype
`
`messages, memoranda, records, books, diaries, notebooks, calendars (paper,
`
`electronic, and otherwise), telephone and other logs, telephone and other bills,
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`voicemail and transcriptions thereof, recorded distributions, forecasts, statistical
`
`statements, accounts, invoices, purchase orders, receipts, billing records, tapes,
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`expense vouchers, minutes, summaries and other records of meetings, conferences,
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`negotiations, conversations, investigations and interviews, sales brochures and
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`literature, advertisements, price lists, trade letters, press releases, stenographic,
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`handwritten and any other notes, projections, working papers, checks (front and
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`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
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`4
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`back), check stubs and receipts, models, surveys, devices, pictures, photographs,
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`films, computer records, data compilations, and voice and video recordings.
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`“Documents” shall not be limited in any way as to the form of storage (such as
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`paper, microfiche, magnetic tape, magnetic disk, CD-ROM, DVD, optical disk, or
`
`other storage device). A draft or non-identical copy is a separate document within
`
`the meaning of this term.
`
`10. The term “All Documents” means any and all documents that
`
`You can locate through a diligent search of all locations likely to contain
`
`documents requested herein and through reasonable inquiry of all persons likely to
`
`know of the existence of documents requested herein.
`
`11. The terms “Thing” and “Things” are also used in a broad sense
`
`and include any software, samples, packaging and any other tangible item or
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`physical object other than a document.
`
`12. The term “Communication” shall refer to all written, oral,
`
`telephonic or other inquiries, dialogues, discussions, conversations, interviews,
`
`correspondence, consultations, negotiations, agreements, understandings, meetings,
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`letters, notes, telegrams, advertisements, press releases, computer mail, e-mail and
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`all other documents evidencing any verbal or nonverbal interaction between
`
`persons and/or entities.
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`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
`
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`5
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`13.
`
`“Including” means “including, without limitation,” “include”
`
`means “include, without limitation,” and “includes” means “includes, without
`
`limitation.”
`
`14. The terms “relate to,” “relates to,” “related to,” “relating to,”
`
`“referring to,” “regarding,” “concern,” and “concerning” mean constitute, include,
`
`comprise, consist of, refer, reflect, discuss, show, state, explain, contradict, provide
`
`context to, evidence, or be in any way logically or factually connected with the
`
`matter discussed or identified.
`
`15.
`
`“Infringe” and any variant thereof refers to any form of patent
`
`infringement actionable under United States law, including direct infringement,
`
`contributory infringement, inducement to infringe, literal infringement, and
`
`infringement under the doctrine of equivalents.
`
`16.
`
`“Identify,” when used in reference to a document or thing,
`
`means to set forth: (a) a description of the document or thing and its subject matter;
`
`(b) the date of creation or transmission; (c) the author, originator, creator, or
`
`developer; (d) the addressees and recipients; and (e) the present custodian or
`
`location of the document or thing. When used with reference to a person,
`
`“identify” means to set forth the person’s: (a) full name; (b) present or last known
`
`address; (c) present or last known occupation and title; (d) present or last known
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
`
`
`
`6
`
`
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`employer and business address; and (e) present or last known home and business
`
`telephone numbers.
`
`17. The terms “or” and “and” shall be read in the conjunctive and in
`
`the disjunctive wherever they appear, and neither of these words shall be
`
`interpreted to limit the scope of these Requests.
`
`18. The term “any” or “each” should be understood to include and
`
`encompass “all.”
`
`19. The use of a verb in any tense shall be construed as including
`
`the use of the verb in all other tenses.
`
`20. The singular form of any word shall be deemed to include the
`
`plural. The plural form of any word shall be deemed to include the singular.
`
`21.
`
`In answering the following Interrogatories, Petitioner and
`
`Privies shall furnish all available information, including information in the
`
`possession, custody, or control of any of responding party’s attorneys, directors,
`
`officers, agents, employees, representatives, associates, investigators or division
`
`affiliates, partnerships, parents or subsidiaries, and persons under Your control,
`
`who have the best knowledge, not merely information known to You based on
`
`Your own personal knowledge. If any interrogatory has subparts, you must answer
`
`each part separately and in full.
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
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`
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`7
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`22.
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`If you object to any part of any interrogatory, you must state the
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`precise nature of the objection and answer all parts not objected to. If any
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`information requested is claimed to be privileged, immune from discovery or
`
`otherwise not discoverable, You shall provide all information falling within the
`
`scope of the Interrogatory which is discoverable.
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`23. Where a claim of privilege is asserted in responding or
`
`objecting to any discovery requested in interrogatories and information is not
`
`provided on the basis of such assertion, the party asserting the privilege shall in the
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`response or objection identify the nature of the privilege (including work product)
`
`which is being claimed and if the privilege is being asserted in connection with a
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`claim or defense governed by state law, set forth the state privilege rule being
`
`invoked. When any privilege is claimed, the party asserting it shall indicate, as to
`
`the information requested, whether (a) any documents exist, or (b) any oral
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`communications took place.
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`24. For each item of information to which a claim of privilege is
`
`made, identify such document or communication with sufficient particularity for
`
`purposes of a motion to compel, such identification to include at least the
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`following:
`
`a) the basis on which the privilege is claimed;
`
`b) the names and positions of the author of the document or
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`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
`
`
`
`8
`
`
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`communication and all other persons participating
`
`in
`
`the
`
`preparation of the document;
`
`c) the name and position of each individual or other person to whom
`
`the document or communication, or a copy thereof, was sent or
`
`otherwise disclosed;
`
`d) the date of the document or communication;
`
`e) a description of any accompanying material transmitted with or
`
`attached to such document or communication;
`
`f) the number of pages in such document or communication;
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`g) the particular
`
`Interrogatory
`
`to which such document or
`
`communication is responsive; and
`
`h) whether any business or non-legal matter is contained or discussed
`
`in such document or communication.
`
`25.
`
`If Your response to a particular Interrogatory is a statement that
`
`You lack the ability to comply with that Interrogatory, You must specify whether
`
`the inability to comply is because the particular item or category of information
`
`never existed, has been destroyed, has been lost, misplaced, or stolen, or has never
`
`been, or is no longer, in Your possession, custody, or control, in which case the
`
`name and address of any person or entity known or believed by You to have
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
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`9
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`
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`possession, custody, or control of that information or category of information must
`
`be identified.
`
`26.
`
`In the event that any document or thing called for by these
`
`Interrogatories has been destroyed or discarded, please identify the document or
`
`thing by specifying: (a) its author, originator, creator, or developer; (b) its subject
`
`matter, date of creation or transmission, number of pages, attachments, and
`
`appendices; (c) all custodians and recipients, including blind copy recipients, or
`
`other individuals to whom the document or thing was distributed, shown, or
`
`explained; (d) the date of destruction or discard, manner of destruction or discard,
`
`and reasons for destruction, discard, or unavailability; (e) the persons who were
`
`authorized to carry out such destruction or discard; and (f) whether any copies of
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`the document or thing, including backup copies or latent or “unswiped” images,
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`currently exist or are suspected to exist and, if so, the location and name of the
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`custodian of each copy.
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`27. Your obligation
`
`to respond
`
`to
`
`these Interrogatories
`
`is
`
`continuing and responses are to be supplemented to include subsequently acquired
`
`information in accordance with the requirements of Rule 26(e) of the Federal Rules
`
`of Civil Procedure and the Patent Board’s Scheduling Order.
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
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`10
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`
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`INTERROGATORIES
`
`INTERROGATORY No. 1.
`
`
`
`State, in detail, the factual bases for Your contention at page 13 of the
`
`Request that the Awada ’596 reference qualifies as prior art under 35 U.S.C. §
`
`102(e) and Identify the persons most knowledgeable about any such facts.
`
`ANSWER:
`
`INTERROGATORY No. 2.
`
`
`
`Identify and describe, in detail, each patent application, invention
`
`disclosure, or product description generated by or on behalf of any Garmin entity
`
`that describes a “vehicle speedometer with speed limit alert” as You described in
`
`the Petition at page 13.
`
`ANSWER:
`
`INTERROGATORY No. 3.
`
`
`
`Describe the circumstances of Your first introducing the speed limit
`
`alert feature on Garmin products including, without limitation, the dates of all
`
`events, the reason such feature was implemented, the Identity of documents
`
`describing Your efforts to develop the feature, the value of the feature to
`
`customers, and the Identity of persons involved in the decision to develop the
`
`feature and include it in Your products.
`
`ANSWER:
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
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`
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`11
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`
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`INTERROGATORY No. 4.
`
`
`
`State in detail the factual bases for Your contention at pages 11-12 of
`
`the Request that the Aumeyer ’811 reference qualifies as prior art under 35 U.S.C.
`
`§ 102(e) and Identify the persons most knowledgeable about any such facts.
`
`ANSWER:
`
`INTERROGATORY No. 5.
`
`
`
`State Your understanding of the ordinary meaning of the term
`
`“colored display” and Identify any documents you contend support your
`
`understanding and any documents you considered and determined not to support
`
`your understanding.
`
`ANSWER:
`
`INTERROGATORY No. 6.
`
`
`
`State Your understanding of the ordinary meaning of the term
`
`“delineate which speed readings are in violation of the speed limit” and Identify
`
`any documents you contend support your understanding and any documents you
`
`considered and determined not to support your understanding.
`
`ANSWER:
`
`INTERROGATORY No. 7.
`
`
`
`State Your understanding of the ordinary meaning of the term
`
`“integrally attached to said colored display” and Identify any documents you
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
`
`
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`12
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`
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`contend support your understanding and any documents you considered and
`
`determined not to support your understanding.
`
`ANSWER:
`
`INTERROGATORY No. 8.
`
`
`
`If You contend that manually adjusting a speed limit indicator
`
`satisfies any claim element of the ’074 Patent, identify each claim element and
`
`state the factual bases, if any, for your contention.
`
`ANSWER:
`
`INTERROGATORY No. 9.
`
`
`
`By calendar quarter since 2005 (or other period used by Garmin to
`
`maintain records in the ordinary course of business) Identify, by Garmin product
`
`number, product type, model name/number, retail price, description, and any other
`
`designation used by Garmin, each Accused Product and state the quantity of such
`
`product made, imported, and sold and the name, designation, or other identifier
`
`used by Garmin for each Accused Product.
`
` Identify the persons most
`
`knowledgeable about this information.
`
`ANSWER:
`
`You may provide your response in tabular format in substantially the
`
`form provided here as an example:
`
`Garmin
`Product
`
`Internal
`designation
`
`Model No.
`
`Time
`Period
`
`Quantity
`Sold
`
`MSRP
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
`
`
`
`Description
`
`Actual
`Sales Price
`(Average)
`
`13
`
`
`
`condor
`
`3790
`
`Q1 2012
`
`14,123
`
`$399
`
`$379
`
`PND with
`Speed Alert
`
`2012
`NUVI
`3790T
`
`
`INTERROGATORY No. 10.
`
`Identify the parties to any agreements (e.g., license agreements,
`
`technology agreements, co-development agreements, or settlements) between You
`
`and any other Person concerning the speed limit alert feature and associated
`
`product software, hardware, firmware or other component that is accused of
`
`infringement in the district court cases. Identify, in Your response, the persons
`
`most knowledgeable about these relationships, the agreements, and Identify the
`
`agreements and associated documents.
`
`ANSWER:
`
`INTERROGATORY No. 11.
`
`Describe completely Your relationship with each Privy, reseller,
`
`distributor, OEM, and wholesale customer (including without limitation Chrysler
`
`and JVC Kenwood) with respect to the Accused Products including without
`
`limitation the nature and content of any: (1) indemnification agreement; (2) joint
`
`development agreement; (3) agreement to share technology, know-how, software,
`
`trade secrets, intellectual property, software, firmware, and the like; and (4)
`
`communication involving You and such party.
`
`ANSWER:
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
`
`
`
`14
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`
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`INTERROGATORY No. 12.
`
`What do you contend is the level of one of ordinary skill in the art that
`
`should be applied? State the reasons, bases, and Identify any documents you
`
`contend support your position.
`
`ANSWER:
`
`INTERROGATORY No. 13.
`
`If You contend the speed limit alert/warning feature of the Accused
`
`Products was NOT commercially successful, state the complete factual bases for
`
`Your contention and Identify any Documents or Things that You contend support
`
`such contention.
`
`ANSWER:
`
`INTERROGATORY No. 14.
`
`When did You first commercially introduce the speed alert/warning
`
`feature?
`
`ANSWER:
`
`INTERROGATORY No. 15.
`
`What development, design, and testing efforts did You undertake in
`
`connection with commercialization of the speed limit warning feature?
`
`ANSWER:
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
`
`
`
`15
`
`
`
`INTERROGATORY No. 16.
`
`Why did You commercially introduce the speed limit warning
`
`feature? Include in your response any efforts You undertook to analyze, evaluate,
`
`and quantify the market need or demand for the feature, and Garmin competitor
`
`products which utilized the feature.
`
`ANSWER:
`
`INTERROGATORY No. 17.
`
`Identify, by name, all Persons, including, but not limited to, Privies,
`
`that are or were involved, in whole or in part, in (i) the decision to request that the
`
`Patent Trial and Appeal Board initiate an inter partes review of the ‘074 patent;
`
`and/or (ii) providing payment for any legal fees, costs or expenses incurred in
`
`connection with the inter partes review of the ‘074. Identify all Documents and
`
`Communications relating to (i) and (ii).
`
`ANSWER:
`
`INTERROGATORY No. 18.
`
`Identify all Documents and Communications related to (i) Giuseppe
`
`Cuozzo and/or (ii) the ‘074 patent, including, but not limited to U.S. Patent No.
`
`8,258,978.
`
`ANSWER:
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
`
`
`
`16
`
`
`
`INTERROGATORY No. 19.
`
`Identify all Documents and Communications related to the subject
`
`matter of U.S. Patent No. 8,258,978 (“the ‘978 patent”) including all Garmin
`
`products which include or utilize the subject matter, all license agreements which
`
`refer to the ‘978 patent, and the value Garmin ascribes to the ‘978 patent.
`
`ANSWER:
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
`
`
`
`17
`
`
`
`
`
`
`
`By: /s/ John Robert Kasha
`John Robert Kasha
`KASHA LAW LLC
`14532 Dufief Mill Road
`North Potomac, MD 20878
`Tel: (703) 867-1886
`Fax: (301) 340-3022
`john.kasha@kashalaw.com
`
`
`John Robert Kasha, Esq.
`KASHA LAW LLC
`14532 Dufief Mill Road
`North Potomac, MD 20878
`Tel: (703) 867-1886
`Fax: (301) 340-3022
`john.kasha@kashalaw.com
`
`Cabrach J. Connor
`Jason W. Deats
`REED & SCARDINO LLP
`301 Congress Avenue, Suite 1250
`Austin, TX 78701
`Tel: (512) 474-2449
`Fax: (512) 474-2622
`cconnor@reedscardino.com
`jdeats@reedscardino.com
`
`David A. Skeels
`FRIEDMAN, SUDER & COOKE
`604 E. 4th Street, Suite 200
`Fort Worth, TX 76102
`Tel: (817) 334-0400
`Fax: (817) 334-0401
`skeels@fsclaw.com
`blumenfeld@fsclaw.com
`gunter@fsclaw.com
`
`
`February 12, 2012
`
`ATTORNEYS FOR PATENT OWNER CUOZZO SPEED TECHNOLOGIES LLC
`
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
`
`
`
`18
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on the 12th day of February, 2013, a true and correct
`
`copy of Patent Owner Cuozzo Speed Technologies LLC First Set of Interrogatories
`
`to Garmin (Nos. 1-19) has been provided, via electronic mail to counsel of record
`
`as follows:
`
`Jennifer Bailey
`jbailey@hoveywilliams.com
`
`Scott Brown
`srb@hoveywilliams.com
`
`Justin Crawford
`jcrawford@hoveywilliams.com
`
`/s/ John Robert Kasha
`John Robert Kasha
`
`
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
`
`
`
`19
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`
`GARMIN INTERNATIONAL, INC. ET AL.
`Petitioner
`
`
`v.
`
`
`Patent of CUOZZO SPEED TECHNOLOGIES LLC
`Patent Owner
`
`____________
`
`
`Case IPR2012-00001
`Patent 6,778,074
`
`____________
`
`
`
`
`
`PATENT OWNER’S FIRST SET OF REQUESTS FOR PRODUCTION TO
`PETITIONER
`
`Patent Owner Cuozzo Speed Technologies LLC (“CST”) requests
`
`Petitioners respond and produce the following documents and things pursuant to
`
`Federal Rule of Civil Procedure 26(a) and the Patent Board’s Scheduling Order.
`
`CST’S FIRST SET OF REQUESTS FOR PRODUCTION TO GARMIN
`
`1
`
`
`
`I.
`
`INSTRUCTIONS
`
`In responding and producing documents and things responsive to these
`
`Requests, you shall comply with the Board’s Scheduling Order and the limitations
`
`on discovery set forth in the Federal Rules of Civil Procedure and the following
`
`instructions:
`
`1.
`
`These requests are continuous in nature, and pursuant to Federal Rule
`
`of Civil Procedure 26(e), the responding party is under a duty to timely amend
`
`each prior response to a request for production if the responding party learns that
`
`the response is incomplete or incorrect in some material respect, or if any
`
`information or documents are hereafter identified, located or acquired.
`
`2.
`
`These instructions and definitions should be construed to require
`
`responses based upon the information available to the responding party as well as
`
`your attorneys, representatives, investigators, and others acting on your behalf or
`
`under your control.
`
`3.
`
`In producing documents and things, you are to produce the original of
`
`each document or thing requested together with all non-identical copies and drafts
`
`of each document or thing. Any comment, notation, or marking appearing on any
`
`document, and not a part of the original, is to be considered a separate document,
`
`and any draft, preliminary form, or superseded version of any document is also to
`
`CST’S FIRST SET OF REQUESTS FOR PRODUCTION TO GARMIN
`
`2
`
`
`
`be considered a separate document. Documents attached to each other must not be
`
`separated.
`
`4.
`
`You must produce documents and things either (a) as they are kept in
`
`the usual course of business, or (b) organized and labeled to correspond with the
`
`particular categories set forth below. All documents and things should be
`
`produced in the file, folder, envelope, or other container in which the documents or
`
`things are kept or maintained. If for any reason the container cannot be produced,
`
`please produce copies of all labels or other identifying markings.
`
`5.
`
`If any requested document or thing cannot be produced in full, please
`
`produce it to the extent possible, indicating what is being withheld and the reason it
`
`is being withheld.
`
`6.
`
`If you are unable to produce a responsive document, state in writing
`
`why you cannot produce the document and, if your inability to produce the
`
`document or the property is because it is not in your possession or the possession
`
`of a person from whom you could obtain it, state the name, address, and telephone
`
`number of any person you believe may have the original or a copy of any such
`
`document.
`
`7.
`
`If a document or thing once existed, but has been lost or destroyed or
`
`is otherwise no longer in your possession, custody, or control, identify the
`
`document or thing and state the details concerning the loss or destruction of such
`
`CST’S FIRST SET OF REQUESTS FOR PRODUCTION TO GARMIN
`
`3
`
`
`
`document or thing, including the name and address of the present custodian of such
`
`document or thing if known.
`
`8.
`
`If you object to a portion or an aspect of any request, state the grounds
`
`of your objection with specificity and respond to the remainder of the request.
`
`9.
`
`If, in answering these requests, you encounter any ambiguities when
`
`construing a request, instruction, or definition, your response shall set forth the
`
`matter deemed ambiguous and the construction used in responding.
`
`10. Where a claim of privilege is asserted in responding or objecting to
`
`any of these requests and information is not provided on the basis of such
`
`assertion, you shall, in your response or objection, identify the nature of the
`
`privilege (including work product) which is being claimed. When any privilege is
`
`claimed, you shall indicate, as to the information requested, whether: (a) any
`
`documents exist, or (b) any communications took place, and (c) also provide the
`
`following information for each such document in a “privileged documents log” or
`
`similar format:
`
`(a) the type of document;
`
`(b) the general subject matter of the document;
`
`(c) the date of the document;
`
`(d) the author(s) of the document;
`
`(e) the addressee(s) and any other recipient(s) of the document; and
`
`CST’S FIRST SET OF REQUESTS FOR PRODUCTION TO GARMIN
`
`4
`
`
`
`(f)
`
`the custodian of the document, where applicable.
`
`11.
`
`If responsive documents are maintained in a file, the file folder itself
`
`is responsive and should be produced along with the responsive documents.
`
`12. Your responses and production of documents must be received at the
`
`offices of Counsel in Austin, Texas on or before March 1, 2013.
`
`II. DEFINITIONS
`1.
`“Accused Instrumentality” or “Accused System” means products,
`
`services, functions, devices, components, systems, packages, methods, actions or
`
`activities specifically identified or described in Plaintiff’s Complaints against You
`
`and Your Privies. “Accused Instrumentality” or “Accused System” also includes
`
`devices, components, systems, or packages, or methods not specifically identified
`
`by Plaintiff but that have equivalent, similar, or related functionality with cameras
`
`mounted forward of a driver (e.g., in a side mirror) with or without one or more
`
`cameras mounted near a vehicle’s corner or rear of the vehicle.
`
`2.
`
`3.
`
`“And” or “or” as used herein shall mean “and/or.”
`
`“Claimed Subject Matter” means any product, process, service,
`
`technology, implementation, method, use, or any other subject matter that is
`
`covered by one or more claims of the ’074 patent (U.S. Patent No. 6,778,074).
`
`4.
`
`The terms “commercial success,” “long-felt need,” “failure of
`
`others,” “commercial acquiescence,” “unexpected result,” “improved result,”
`
`CST’S FIRST SET OF REQUESTS FOR PRODUCTION TO GARMIN
`
`5
`
`
`
`and “new result” shall refer to the well-established secondary considerations used
`
`to respond to a 35 U. S.C. § 103 argument of invalidity due to obviousness.
`
`5.
`
`“Communication” shall mean
`
`the
`
`transmission or receipt of
`
`information of any kind through any means, including but not limited to speech,
`
`
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