PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 6,487,200
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`Cox Communications, Inc.
`Exhibit 1024
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`Cox Communications, Inc.
`Exhibit 1024
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` UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`COX COMMUNICATIONS, INC.,
`Petitioner,
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`v.
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`AT&T INTELLECTUAL PROPERTY I, L.P. AND
`AT&T INTELLECTUAL PROPERTY II, L.P.,
`Patent Owners.
`____________
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`Case IPR2015-01187 (Patent 6,993,353 B2)1
`Case IPR2015-01227 (Patent 7,907,714 B2)
`Case IPR2015-01273 (Patent 6,487,200 B1)
`Case IPR2015-01536 (Patent 8,855,147 B2)
`____________
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`PETITIONER’S ALTERNATIVE PROPOSED DISCOVERY REQUESTS
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`IN RED-LINE OF PATENT OWNERS’ PROPOSAL
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`1 The Board authorized the use of this caption style in its January 7, 2016 Order.
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`Identical papers are filed in each respective case.
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`Cox
`Ex. 1024
`Page 1
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`Patent Owners AT&T Intellectual Property I, L.P. and AT&T Intellectual
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`Property II, L.P. (“AT&T” or “Patent Owners”) request that Petitioner Cox
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`Communications, Inc. (“Petitioner”) respond and produce the following documents
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`and things.
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`INSTRUCTIONS
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`1. In responding to and producing documents and things responsive to
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`this request, the responding party shall comply with the instructions in the Patent
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`Trial Practice Guide.
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`2.
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`A responding party shall timely amend its response upon learning that
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`its response is incomplete or if additional responsive information is found.
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`3.
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`All responsive documents must be produced as they are kept in the
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`usual course of business.
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`DEFINITIONS
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`1.
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`The term “document” has the broadest meaning prescribed in Federal
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`Rule of Civil Procedure 34, including ESI in the responding party’s possession,
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`custody, or control.
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`2.
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`The term “Arris” means Arris Group, Inc. and includes any
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`employees, agents, counsel, representatives, or others authorized to act on Arris’
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`behalf.
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`Cox
`Ex. 1024
`Page 2
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`3.
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`The term “Cisco” means Cisco Systems, Inc. and includes any
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`employees, agents, counsel, representatives, or others authorized to act on Cisco’s
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`behalf.
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`4. The term “Broadsoft” means Broadsoft, Inc., and includes any
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`employees, agents, counsels, representatives, or others authorized to act on
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`Broadsoft’s behalf.
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`5.
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`The term “Counsel for Petitioner” includes at least Proskauer Rose
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`LLP, Steven Bauer, Joseph Capraro, Scott Bertulli, and Gerald Worth.
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`6.
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`The term “Delaware Litigation” means the lawsuit entitled AT&T
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`Intellectual Property I, L.P. and AT&T Intellectual Property II, L.P. v. Cox
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`Communications, Inc. et al., Civil Action no. 14-1106-GMS, filed on August 28,
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`2014 by AT&T Intellectual Property I, L.P. and AT&T Intellectual Property II,
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`L.P. in the United States District Court for the District of Delaware.
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`5.
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`The term “Cox” or “Cox Entities” means Petitioner CCI, CoxCom,
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`LLC, Cox Arkansas Telcom, LLC, Cox Communications Arizona, LLC, Cox
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`Arizona Telcom, LLC, Cox California Telcom, LLC, Cox Communications
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`California, LLC, Cox Colorado Telcom, LLC, Cox Connecticut Telcom, LLC, Cox
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`District of Columbia Telcom, LP, Cox Florida Telcom, LP, Cox Communications
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`Georgia, LLC, Cox Georgia Telcom, LLC, Cox Iowa Telcom, LLC, Cox Idaho
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`Telcom, LLC, Cox Communications Kansas, LLC, Cox Kansas Telcom, LLC, Cox
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`Cox
`Ex. 1024
`Page 3
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`Communications Gulf Coast, LLC, Cox Communications Louisiana, LLC, Cox
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`Louisiana Telcom, LLC, Cox Maryland Telcom, LLC, Cox Missouri Telcom,
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`LLC, Cox Nebraska Telcom, LLC, Cox Communications Omaha, LLC, Cox
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`Communications Las Vegas, Inc., Cox Nevada Telcom, LLC, Cox North Carolina
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`Telcom, LLC, Cox Ohio Telcom, LLC, Cox Oklahoma Telcom, LLC, Cox Rhode
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`Island Telcom, LLC, Cox Communications Hampton Roads, LLC, and Cox
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`Virginia Telcom, LLC, and includes any employees, agents, counsel,
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`representatives, or others authorized to act on behalf of those entities.
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`6.
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`The term “Petitions” means the Petition for Inter Partes Review of
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`USPN 6,993,353 filed May 11, 2015, the Petition for Inter Partes Review of USPN
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`7,907,714 filed May 19, 2015, the Petition for Inter Partes Review of USPN
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`6,487,200 filed May 27, 2015, and the Petition for Inter Partes Review of USPN
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`8,855,147 filed July 2, 2015.
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`7.
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`The term “IPRs” means IPR2015-01187, IPR2015-01227, IPR2015-
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`01273, and IPR2015-01536.
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`Cox
`Ex. 1024
`Page 4
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`DISCOVERY REQUESTS
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`Request No. 1
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`Identify and produce the agreement(s) between Arris and Petitioner,
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`CoxCom, LLC or other Cox Entities controlled by Petitioner or CoxCom, LLC
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`under which indemnification was requested for any of the claims brought
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`against the Cox Entities in the Delaware Litigation, including the agreement
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`under which indemnification was requested as described in Ex. 2027 at page 40.
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`REQUEST NOW UNNECESSARY IN VIEW OF ACCESS GRANTED PER
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`FOOTNOTE 2 IN PETITIONER’S OPPOSITION.
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`Request No. 2
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`Identify and produce communications, in a redacted form sufficient to
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`show the relevant parties, between Arris and Petitioner, Cox Communications,
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`Inc., CoxCom, LLC or other Cox Entities controlled by Petitioner or CoxCom,
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`LLC in which, for any of the claims brought against the Cox Entities in the
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`Delaware Litigation: (1) an infringement claim was noticed; (2) indemnification
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`was requested or acknowledged; (3) a defense under an indemnity agreement was
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`tendered, accepted, deferred or denied; or (4) direction or approval was provided
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`or received.
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`Request No. 3
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`Identify and produce the agreement(s) between Cisco and Petitioner,
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`Cox
`Ex. 1024
`Page 5
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`CoxCom, LLC or other Cox Entities controlled by Petitioner or CoxCom, LLC
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`under which indemnification was requested for any of the claims brought
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`against the Cox Entities in the Delaware Litigation. REQUEST NOW
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`UNNECESSARY IN VIEW OF ACCESS GRANTED PER FOOTNOTE 2 IN
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`PETITIONER’S OPPOSITION.
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`Request No. 4
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`Identify and produce communications, in a redacted form sufficient to
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`show the relevant parties, between Cisco and Petitioner, Cox Communications,
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`Inc., CoxCom, LLC or other Cox Entities controlled by Petitioner or CoxCom,
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`LLC in which, for any of the claims brought against the Cox Entities in the
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`Delaware Litigation: (1) an infringement claim was noticed; (2)
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`indemnification was requested or acknowledged; (3) a defense under an
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`indemnity agreement was tendered, accepted, deferred or denied; or (4)
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`direction or approval was provided or received.
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`Request No. 5
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`Identify and produce the agreement(s) between Broadsoft and Petitioner,
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`CoxCom, LLC or other Cox Entities controlled by Petitioner or CoxCom, LLC
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`under which indemnification was requested for any of the claims brought
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`against the Cox Entities in the Delaware Litigation. REQUEST NOW
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`UNNECESSARY IN VIEW OF ACCESS GRANTED PER FOOTNOTE 2 IN
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`Cox
`Ex. 1024
`Page 6
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`PETITIONER’S OPPOSITION.
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`Request No. 6
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`Identify and produce communications, in a redacted form sufficient to
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`show the relevant parties, between Broadsoft and Petitioner, Cox
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`Communications, Inc., CoxCom, LLC or other Cox Entities controlled by
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`Petitioner or CoxCom, LLC in which, for any of the claims brought against the
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`Cox Entities in the Delaware Litigation: (1) an infringement claim was noticed;
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`(2) indemnification was requested or acknowledged; (3) a defense under an
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`indemnity agreement was tendered, accepted, deferred or denied; or (4)
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`direction or approval was provided or received.
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`Request No. 7
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`Identify and produce a representative engagement letters or retention
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`agreements, in a redacted form sufficient to show the relevant parties, between
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`Counsel for Petitioner and Petitioner, Cox Communications, Inc., CoxCom, LLC,
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`or other Cox Entities controlled by Petitioner or CoxCom, LLC covering
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`services for preparing any of the Petitions or for services rendered in any of the
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`IPRs. AMENDED REQUEST NOW UNNECESSARY IN VIEW OF
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`ACCESS GRANTED PER EXHIBIT 1022.
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`Request No. 8
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`Identify and produce, in a redacted form sufficient to show the relevant
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`Cox
`Ex. 1024
`Page 7
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`parties and dates, documents sufficient to identify any and all entities to whicha
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`representative invoice from Counsel for Petitioner in the IPRs has directed its
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`invoices for preparing any of the Petitions and for services rendered in any of the
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`IPRs (e.g., which entities are named or referenced in the actual invoices sent by
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`Counsel for Petitioner and received by any of the entities), and the dates on and
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`for which invoices were directed to those entities. AMENDED REQUEST NOW
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`UNNECESSARY IN VIEW OF ACCESS GRANTED PER EXHIBIT 1023.
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`Request No. 9
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`Identify the individuals and their titles at Petitioner (if applicable),
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`CoxCom, LLC (if applicable), other Cox Entities controlled by Petitioner or
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`CoxCom, LLC (if applicable), Arris (if applicable), Cisco (if applicable), and
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`Broadsoft (if applicable) who provided direction to Counsel for Petitioner in the
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`IPRs, including review or approval of any of the Petitions or any of the papers
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`filed by Counsel for Petitioner in the IPRs.
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`Request No. 10
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`Identify and produce documents sufficient to identify any and all entities
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`that have sent payment to Counsel for Petitioner in the IPRs for preparing any of
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`the Petitions or for services rendered in any of the IPRs (e.g., which entities are
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`named on the actual check or money transfer received by Counsel for Petitioner),
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`and the dates on which payments were made by the entities.
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`Cox
`Ex. 1024
`Page 8
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`Request No. 11
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`Identify and produce agreements or communications between or involving
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`Petitioner, CoxCom, LLC, other Cox Entities controlled by Petitioner or
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`CoxCom, LLC, Arris, Cisco, or Broadsoft regarding allocation of payment,
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`payment, or reimbursement for payment, of Counsel for Petitioner’s invoices in
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`any of the IPRs for preparing any of the Petitions or for fees, costs, and services
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`rendered in any of the IPRs.
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`Request No. 12
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`Employment agreements between Stephanie Allen-Wang and any of the
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`Cox Entities, and agreements establishing Stephanie Allen-Wang’s authority to
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`act on behalf of any of the Cox Entities.
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`5
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`Cox
`Ex. 1024
`Page 9
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