`
`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
`
`____________
`
`
`CUOZZO SPEED TECHNOLOGIES LLC’S
`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.
`
`Please refer to the Directions and Instructions that follow the list of specific
`
`CST’S REQUESTS FOR PRODUCTION TO GARMIN
`
`
`
`
`
`requests.
`
`I.
`
`DOCUMENTS AND THINGS REQUESTED
`
`REQUEST FOR PRODUCTION No. 1.
`
`
`
`Documents and Things You considered in preparing Your responses to
`
`Patent Owner’s Interrogatories.
`
`REQUEST FOR PRODUCTION No. 2.
`
`
`
`One copy of each Document identified in response to Patent Owner’s
`
`Interrogatories.
`
`REQUEST FOR PRODUCTION No. 3.
`
`
`
`License, settlement, co-development, or technology transfer agreements
`
`directly related to the speed limit alert feature.
`
`REQUEST FOR PRODUCTION No. 4.
`
`
`
`To the extent the speed limit alert feature is discussed or addressed in them,
`
`Agreements between You and any customer, supplier, reseller, or distributor
`
`(including JVC Kenwood and Chrysler and excluding End-User License
`
`Agreements).
`
`REQUEST FOR PRODUCTION No. 5.
`
`
`
`Documents You intend to rely upon at trial or have provided or intend to
`
`provide to an expert witness or declarant.
`
`REQUEST FOR PRODUCTION No. 6.
`
`
`
`CST’S FIRST SET OF REQUESTS FOR PRODUCTION TO GARMIN
`
`2
`
`
`
`
`
`Market analyses, market projections, projections, or roadmap Documents
`
`discussing Your decision to develop and commercialize the speed limit alert
`
`feature in Garmin products.
`
`REQUEST FOR PRODUCTION No. 7.
`
`
`
`To the extent You have them, the file histories for the alleged prior art
`
`references upon which You rely in Your Petition.
`
`REQUEST FOR PRODUCTION No. 8.
`
`
`
`Documents sufficient to show the incremental commercial value of the
`
`speed limit alert feature included in Garmin’s Personal Navigation Devices. (The
`
`Documents sought by this request include the supporting information for Your
`
`response to Interrogatory No. 4 concerning the difference between price for
`
`Garmin Personal Navigation Devices with the speed limit warning/alert feature and
`
`those without it.)
`
`REQUEST FOR PRODUCTION No. 9.
`
`
`
`Documents relating to the ’074 patent, the inventor Guisseppe Cuozzo, or
`
`discussions You had with Mr. Cuozzo about his invention.
`
`REQUEST FOR PRODUCTION No. 10.
`
`The file history for U.S. Patent No. 8,258,978, any agreements relating to it,
`
`and Documents discussing the ’074 patent or Guiseppe Cuozzo in connection with
`
`the ’978 patent.
`
`CST’S FIRST SET OF REQUESTS FOR PRODUCTION TO GARMIN
`
`3
`
`
`
`
`
`II.
`
`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 REQUESTS FOR PRODUCTION TO GARMIN
`
`
`
`
`
`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 REQUESTS FOR PRODUCTION TO GARMIN
`
`5
`
`
`
`
`
`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 REQUESTS FOR PRODUCTION TO GARMIN
`
`6
`
`
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