UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF NORTH CAROLINA
`STATESVILLE DIVISION
`
`NICHIA CORPORATION,
`Plaintiff,
`
`vs.
`
`LOWE’S COMPANIES, INC., LOWE’S
`HOME CENTERS, LLC, AND L G
`SOURCING, INC.,
`
`Defendants.
`
` CIVIL ACTION NO. 5:16-CV-142
`
`DEFENDANT LOWE’S COMPANIES, INC., LOWE’S HOME CENTERS, LLC AND
`L G SOURCING, INC. OBJECTIONS AND RESPONSES TO PLAINTIFF’S
`FIRST REQUESTS FOR THE PRODUCTION OF DOCUMENTS
`
`Pursuant to Rule 34 of the Federal Rules of Civil Procedure, Defendants Lowe’s
`
`Companies, Inc., Lowe’s Home Centers, LLC and L G Sourcing, Inc. (collectively
`
`“Defendants”) hereby responds to Nichia Corporation’s (“Nichia”) First Request for the
`
`Production of Documents, Electronically Stored Information and Tangible Things (“Requests”)
`
`as follows.
`
`PRELIMINARY STATEMENTS AND GENERAL OBJECTIONS
`
`Defendants make the following General Objections to each and every request set forth
`
`below. These general objections are grouped collectively herein to avoid unnecessarily
`
`duplicative and repetitive responses to each of the specific requests. These preliminary
`
`3335687 v3 Lowe's Resp. to Nichia's 1st Doc Request
`
`NICHIA EX2004
`
`, Page 001
`
`
`WESTERN DISTRICT OF NORTH CAROLINA
`STATESVILLE DIVISION
`
`NICHIA CORPORATION,
`Plaintiff,
`
`vs.
`
`LOWE’S COMPANIES, INC., LOWE’S
`HOME CENTERS, LLC, AND L G
`SOURCING, INC.,
`
`Defendants.
`
` CIVIL ACTION NO. 5:16-CV-142
`
`DEFENDANT LOWE’S COMPANIES, INC., LOWE’S HOME CENTERS, LLC AND
`L G SOURCING, INC. OBJECTIONS AND RESPONSES TO PLAINTIFF’S
`FIRST REQUESTS FOR THE PRODUCTION OF DOCUMENTS
`
`Pursuant to Rule 34 of the Federal Rules of Civil Procedure, Defendants Lowe’s
`
`Companies, Inc., Lowe’s Home Centers, LLC and L G Sourcing, Inc. (collectively
`
`“Defendants”) hereby responds to Nichia Corporation’s (“Nichia”) First Request for the
`
`Production of Documents, Electronically Stored Information and Tangible Things (“Requests”)
`
`as follows.
`
`PRELIMINARY STATEMENTS AND GENERAL OBJECTIONS
`
`Defendants make the following General Objections to each and every request set forth
`
`below. These general objections are grouped collectively herein to avoid unnecessarily
`
`duplicative and repetitive responses to each of the specific requests. These preliminary
`
`3335687 v3 Lowe's Resp. to Nichia's 1st Doc Request
`
`NICHIA EX2004
`
`, Page 001
`
`
`
`Defendants object to this Request on the grounds that it is overly broad, unduly
`
`burdensome, and seeks information that is not relevant and proportional, including seeking
`
`documents during a period in which Nichia has no right to recover for alleged damages.
`
`Defendants object to the extent the Request seeks information that is a matter of public record or
`
`otherwise are as equally accessible to Plaintiff as they are to Defendants. Defendants will
`
`produce publicly available documents responsive to this request from 2016 to present.
`
`REQUEST FOR PRODUCTION NO. 52
`
`Documents Concerning the ownership of the following domain name and/or website:
`
`www.lowes.com.
`
`RESPONSE:
`
`Defendants object to this Request on the grounds that it is overly broad, unduly
`
`burdensome, and seeks information that is not relevant and proportional. Defendants object to
`
`the extent the Request seeks information that is a matter of public record or otherwise are as
`
`equally accessible to Plaintiff as they are to Defendants. Defendants will not produce
`
`documents.
`
`REQUEST FOR PRODUCTION NO. 53
`
`All Documents, including Communications with any third party, Concerning the
`
`preparation and/or filing of the petitions for inter partes review filed by VIZIO, Inc. with the U.S.
`
`Patent and Trademark Office, which petitions have been assigned Case Nos. IPR2017-00552,
`
`IPR2017-00551, IPR2017-00558, and IPR2017- 00556.
`
`RESPONSE:
`
`NICHIA EX2004
`
`, Page 002
`
`
`
`Defendants object to this Request on the grounds that it is overly broad, unduly
`
`burdensome, and seeks information that is not relevant and proportional. Defendants object to
`
`this Request to the extent it calls for documents and things protected by the attorney-client
`
`privilege and/or the work product doctrine. Defendants do not have any non-privileged
`
`responsive documents prior to filing of the Complaint and will not log attorney-client and work
`
`product materials generated after filing of the Complaint.
`
`REQUEST FOR PRODUCTION NO. 54
`
`All Documents, including Communications with VIZIO, Inc. or its counsel Concerning
`
`the preparation and/or filing of the petitions for inter partes review filed by VIZIO, Inc. with the
`
`U.S. Patent and Trademark Office, which petitions have been assigned Case Nos. IPR2017-
`
`00552, IPR2017-00551, IPR2017-00558, and IPR2017-00556.
`
`RESPONSE:
`
`Defendants object to this Request on the grounds that it is overly broad, unduly
`
`burdensome, and seeks information that is not relevant and proportional. Defendants object to
`
`this Request to the extent it calls for documents and things protected by the attorney-client
`
`privilege and/or the work product doctrine. Defendants do not have any non-privileged
`
`responsive documents prior to filing of the Complaint and will not log attorney-client and work
`
`product materials generated after filing of the Complaint.
`
`REQUEST FOR PRODUCTION NO. 55
`
`Documents sufficient to identify the quantity of all Accused Products made, used,
`
`licensed, distributed, supplied, sold, or offered for sale in the United States, on a monthly,
`
`quarterly, and annual basis.
`
`NICHIA EX2004
`
`, Page 003
`
`
`
`responsive to this request to the extent any witnesses reviewed and intends to rely upon such
`
`documents and were not otherwise produced in this case.
`
`REQUEST FOR PRODUCTION NO. 80
`
`All Documents that have been disclosed to or provided to any fact or expert witness
`
`Defendants retain or may call as a witness in connection with This Action.
`
`RESPONSE:
`
`Defendants object to this Request on the grounds that it is overly broad, unduly
`
`burdensome, and seeks information that is not relevant and proportional. Defendants object to
`
`this Request to the extent it calls for documents and things protected by the attorney-client
`
`privilege and/or the work product doctrine. Subject to and without waiving these objections and
`
`their General Objections, Defendants will produce any documents relied upon by a testifying
`
`expert, and will produce documents with respect to fact witnesses as set forth in response to
`
`Request 79 which response is incorporated herein by reference.
`
`REQUEST FOR PRODUCTION NO. 81
`
`All Documents, including Communications, with persons or representatives of VIZIO,
`
`Inc., TCL Multimedia Technology Holdings, Ltd., TTE Technology, Inc., Mary Elle Fashions,
`
`Inc., and Meridian Electric Company, Inc. about the Asserted Patents, including, but not limited
`
`to Nichia Corporation v. VIZIO, Inc., 8:16-cv-00545 (C.D. Cal.), Nichia Corporation v. Mary
`
`Elle Fashions, Inc., et al., 4:16-cv-01176 (E.D.Mo.), and Nichia Corporation v. TCL Multimedia
`
`Technology Holdings, Ltd., et al., 1:16-cv-000681 (D. Del.), as well as the inter partes review
`
`proceeding initiated by VIZIO, Inc. against the Asserted Patents in Case IPR2017-00551 before
`
`the Patent Trial and Appeal Board.
`
`NICHIA EX2004
`
`, Page 004
`
`
`
`RESPONSE:
`
`Defendants object to this Request on the grounds that it is overly broad, unduly
`
`burdensome, and seeks information that is not relevant and proportional. Defendants object to
`
`this Request to the extent it calls for documents and things protected by the attorney-client
`
`privilege and/or the work product doctrine. Defendants do not have any non-privileged
`
`responsive documents prior to filing of the Complaint and will not log attorney-client and work
`
`product materials generated after filing of the Complaint.
`
`REQUEST FOR PRODUCTION NO. 82
`
`All Documents, including Communications, regarding Nichia Corporation v. VIZIO,
`
`Inc., 8:16-cv-00545 (C.D. Cal.), Nichia Corporation v. Mary Elle Fashions, Inc., et al., 4:16-cv-
`
`01176 (E.D.Mo.), and Nichia Corporation v. TCL Multimedia Technology Holdings, Ltd., et al.,
`
`1:16-cv-000681 (D. Del.), as well as the inter partes review proceeding initiated by VIZIO, Inc.
`
`against the Asserted Patents in Case IPR2017-00551 before the Patent Trial and Appeal Board.
`
`RESPONSE:
`
`Defendants object to this Request on the grounds that it is overly broad, unduly
`
`burdensome, and seeks information that is not relevant and proportional. Defendants object to
`
`this Request to the extent it calls for documents and things protected by the attorney-client
`
`privilege and/or the work product doctrine. Defendants do not have any non-privileged
`
`responsive documents prior to filing of the Complaint and will not log attorney-client and work
`
`product materials generated after filing of the Complaint.
`
`NICHIA EX2004
`
`, Page 005
`
`
`
`DATED: May 31, 2017
`
`SILLS CUMMIS & GROSS P.C.
`
`s/ Tod M. Melgar
`By:
`Trent S. Dickey (Pro Hac Vice)
`Scott D. Stimpson (Pro Hac Vice)
`Tod M. Melgar (Pro Hac Vice)
`101 Park Avenue, 28th Floor
`New York, New York 10178
`Tel. (212) 500-1550
`Fax (212) 643-6500
`tdickey@sillscummis.com
`sstimpson@sillscummis.com
`tmelgar@sillscummis.com
`
`and
`
`James B. Gatehouse
`RAYBURN COOPER & DURHAM, P.A
`State Bar No. 22811
`227 West Trade Street, Suite 1200
`Charlotte, NC 28202-1672
`Tel: (704) 334-0891
`Fax: (704) 377-1897
`bgatehouse@rcdlaw.net
`ATTORNEYS FOR DEFENDANTS LOWE’S
`COMPANIES, INC., LOWE’S HOMECENTERS, LLC
`AND L G SOURCING, INC.
`
`NICHIA EX2004
`
`, Page 006
`
`
`
`Certificate of Service
`
`The undersigned certifies that on this 31st day of May, 2017, a copy of the foregoing was
`
`served by electronic mail as follows:
`
`Larry S. McDevitt
`David M. Wilkerson
`The Van Winkle Law Firm
`11 North Market Street
`Asheville, NC 28801
`Telephone: (828) 258-2991
`Fax: (828) 255-0255
`lmcdevitt@vwlawfirm.com
`dwilkerson@vwlawfirm.com
`
`Kenneth A. Gallo
`kgallo@paulweiss.com
`David E. Cole
`dcole@paulweiss.com
`PAUL, WEISS, RIFKIND,
`WHARTON & GARRISON LLP
`2001 K Street, NW
`Washington, DC 20006-1047
`Telephone: (202) 223-7300
`Fax: (202) 223-7420
`
`Catherine Nyarady
`enyarady@paulweiss.com
`Daniel J. Klein
`daklein@paulweiss.com
`PAUL, WEISS, RIFKIND,
`WHARTON & GARRISON LLP
`1285 Avenue of the Americas
`New York, NY 10019-6064
`Telephone: (212) 373-3000
`Fax: (212) 757-3990
`
`Attorneys for Plaintiff
`
` /s/ Tod M. Melgar
`Tod M. Melgar
`
`
`
`
`
`NICHIA EX2004
`
`, Page 007
`
`
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