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
`INTERROGATORIES TO GARMIN (NOS. 1-9)
`
`Patent Owner Cuozzo Speed Technologies LLC (“CST”) requests
`
`Petitioners Garmin International, Inc. and Garmin USA, Inc. serve written
`
`responses to these Interrogatories to CST’s lead and back-up counsel within 14
`
`days.
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
`
`
`
`1
`
`
`
`____________
`
`
`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
`INTERROGATORIES TO GARMIN (NOS. 1-9)
`
`Patent Owner Cuozzo Speed Technologies LLC (“CST”) requests
`
`Petitioners Garmin International, Inc. and Garmin USA, Inc. serve written
`
`responses to these Interrogatories to CST’s lead and back-up counsel within 14
`
`days.
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
`
`
`
`1
`
`
`
`Please refer to the Definitions and Instructions that follow the specific
`
`Interrogatories.
`
`INTERROGATORIES
`
`INTERROGATORY No. 1.
`
`
`
`Please identify any patent(s), patent application(s), invention disclosure(s),
`
`or product description generated by or on behalf of Garmin prior to March 18,
`
`2002, that describe a “vehicle speedometer with speed limit alert,” as You
`
`described in the Petition at page 13, that warns a driver if vehicle speed readings
`
`exceed the speed limit at a vehicle’s present location based upon information
`
`received at a Global Positioning Receiver.
`
`INTERROGATORY No. 2.
`
`
`
`Explain why You decided to develop and commercialize the speed limit alert
`
`feature on Garmin Personal Navigation Devices. Please identify any market
`
`reports, market productions, or other documents reflecting efforts to assess long-
`
`felt need or market demand for the feature.
`
`INTERROGATORY No. 3.
`
`
`
`By calendar quarter (or convenient time period for which Garmin keeps such
`
`records) state the number of Garmin Personal Navigation Devices sold and the
`
`portion of those that included a speed limit alert feature.
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
`
`
`
`2
`
`
`
`INTERROGATORY No. 4.
`
`
`
`How much more did Garmin charge for Personal Navigation Devices with
`
`the speed limit warning/alert feature than for Personal Navigation Devices without
`
`the feature? Please explain how Garmin calculates this difference.
`
`INTERROGATORY No. 5.
`
`
`
`Identify any agreements You have entered into (other than End-User License
`
`Agreements with consumers) concerning the use, development, licensing, or
`
`ownership of intellectual property directly related to the speed limit alert in Your
`
`products.
`
`This Interrogatory seeks information about license agreements, technology
`
`agreements, co-development agreements, or settlement agreements related to the
`
`speed limit alert technology.
`
`INTERROGATORY No. 6.
`
`
`
`If any non-Garmin entity owns or has an interest in the speed limit alert
`
`technology or intellectual property, please Identify the entity or entities and
`
`Describe their respective interest.
`
`INTERROGATORY No. 7.
`
`
`
`When did You commercially introduce the speed alert/warning feature?
`
`Please identify the first Garmin products to include the feature.
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
`
`
`
`3
`
`
`
`INTERROGATORY No. 8.
`
`
`
`When did You begin Your efforts to develop the speed alert/warning
`
`feature?
`
`INTERROGATORY No. 9.
`
`
`
`Describe the challenges Garmin faced and any failed efforts to develop the
`
`speed limit alert feature and Explain how You overcame the challenges.
`
`
`
`
`
`
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
`
`
`
`4
`
`
`
`I.
`
`INSTRUCTIONS AND DEFINITIONS
`
`In responding and producing documents and things responsive to these
`
`Requests, please comply with the Board’s Scheduling Order and instructions in the
`
`Office Patent Trial Practice Guide.
`
`1.
`
`Please timely amend your responses if you learn that your response is
`
`incomplete or additional responsive information is found.
`
`2.
`
`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. Please copy and produce any files or
`
`containers in which the responsive documents are kept.
`
`3.
`
`Identify any responsive documents you are aware of but cannot produce
`
`because they have been lost or destroyed or are no longer in your possession.
`
`4.
`
`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.
`
`5.
`
`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.
`
`6.
`
`For any document withheld based upon a claim of privilege, please provide a
`
`privilege log according to the requirements of Fed. R. Civ. P. 26.
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
`
`
`
`5
`
`
`
`7.
`
`Speed Limit Alert feature or speed limit warning feature refers to the feature
`
`and technology accused of infringing the ’074 patent consistent with the
`
`description in Your Petition.
`
`8.
`
`The terms “commercial success,” “long-felt need,” “failure of others,”
`
`“commercial acquiescence,” “unexpected result,” “improved result,” 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.
`
`9.
`
`“Communication” shall mean the transmission or receipt of information of
`
`any kind through any means (e.g., email, voicemail, audio, or computer readable
`
`media).
`
`10.
`
` “Identify” means provide information sufficient to enable Patent Owner to
`
`locate the person, Document, Thing, Communication, or product information with
`
`minimal effort. In reference to a Document, Identifying may be by bates number
`
`corresponding to Your production.
`
`11. The terms “Document” and “Thing” has the broadest meaning prescribed in
`
`Federal Rule of Civil Procedure 34, including ESI and any physical specimen or
`
`tangible item, other than a document, in Your possession, custody or control.
`
`12.
`
`“You,” “Your,” or “Petitioner” means Garmin International, Inc., Garmin
`
`USA, and Garmin Ltd. and includes any agents, representatives, privies or others
`
`authorized to act on Your behalf.
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
`
`
`
`6
`
`
`
`
`
`By: /s/
`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
`USPTO Registration Number 53100
`
`Cabrach J. Connor
`REED & SCARDINO LLP
`301 Congress Avenue, Suite 1250
`Austin, TX 78701
`Tel: (512) 474-2449
`Fax: (512) 474-2622
`cconnor@reedscardino.com
`USPTO Registration Number 53837
`
`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
`Admitted Pro Hac Vice
`
`February 21, 2013
`
`Attorneys for Patent Owner Cuozzo Speed Technologies LLC
`
`
`
`
`
`
`CST’S FIRST SET OF INTERROGATORIES TO GARMIN
`
`
`
`7
`
`
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