UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`The Honorable Rodney Gilstrap
`
`Civil Action No. 2:19-cv-00310-JRG-RSP
`2:19-cv-00311-JRG-RSP
`
`JURY TRIAL DEMANDED
`
`§ § § § § § § § § §
`
`
`
`GREE, INC.,
`
`v.
`
`SUPERCELL OY,
`
`Plaintiff,
`
`Defendant.
`
`DEFENDANT SUPERCELL OY’S NOTICE OF
`RULE 30(B)(6) DEPOSITION OF PLAINTIFF GREE, INC.
`
`PLEASE TAKE NOTICE that, pursuant to Rule 30(b)(6) of the Federal Rules of Civil
`
`Procedure, Defendant Supercell Oy (“Supercell”), by and through its attorneys, will take the
`
`deposition of Plaintiff GREE, Inc. by oral examination. The deposition will be taken on
`
`September 4, 2020, or at such other time as otherwise agreed to by counsel for the parties, and at a
`
`place as agreed to by counsel for the parties or by virtual deposition.
`
`Supercell reserves the right to record the deposition either via stenographic means by a
`
`court reporter certified to record depositions, or a digital reporter utilizing state-of-the-art digital
`
`recording equipment. Both the court reporter and digital reporter are authorized to administer
`
`the oath and serve as the deposition officer. Supercell further reserves the right to record the
`
`deposition utilizing audio or video technology. Supercell also reserves the right to utilize Exhibit
`
`Capture (picture-in picture) technology in which any exhibit reviewed by the deponent during
`
`the deposition can be captured visually.
`
`Should the deposition be recorded in either video format, Supercell reserves the right to
`
`utilize at trial any portion of the audio or video recording of the proceeding. In the event
`
`Supercell
`Exhibit 1031
`Page 1
`
`

`

`Supercell utilizes the stenographic reporting method, Supercell reserves the right to utilize
`
`instant visual display such that the reporter’s writing of the proceeding will be available to all
`
`who are a part to this proceeding to request and receive in RealTime.
`
`NOTICE IS FURTHER GIVEN that Supercell reserves the right to conduct this
`
`deposition utilizing a paperless exhibit display process called “Exhibit Share,” provided and
`
`supported by Veritext Legal Solutions. The parties are advised that one paper set of exhibits will
`
`be utilized at the deposition for the court reporter’s purposes of compiling, exhibit stamping, and
`
`ultimate production of the final certified transcript. However, no other paper copies will be
`
`provided as they will be available for visual display using Exhibit Share.
`
`Please contact the noticing attorney prior to the deposition to advise that it is your desire
`
`to be set up for Exhibit Share access so that the necessary credentials, testing, and information, if
`
`necessary, can be provided to you prior to the proceedings. For information and available
`
`tutorial videos demonstrative Exhibit Share, please utilize this link to access additional
`
`information: http://www.veritext.com/services/exhibitshare/.
`
`NOTICE IS FURTHER GIVEN that Supercell reserves the right to conduct this
`
`deposition utilizing the secure web-based deposition option afforded by Veritext or, in the
`
`alternative, video teleconferencing (VTC) services or telephonically only to provide
`
`remote/virtual access for those parties wishing to participate in the deposition via the internet
`
`and/or telephone. Also take notice that the court reporter may be remote via one of the options
`
`above for the purposes of reporting the proceeding and may or may not be in the presence of the
`
`deponent. Please contact the noticing attorney prior to the deposition to advise that it is your
`
`desire to appear via this remote participating means so that the necessary credentials, call-in
`
`numbers, testing, and information, if necessary, can be provided to you prior to the proceedings.
`
`2
`
`Supercell
`Exhibit 1031
`Page 2
`
`

`

`Supercell reserves the right to utilize instant visual display technology such that the court
`
`report’s writing of the proceeding will be displayed simultaneous to their writing of same on
`
`one’s laptop, iPad, tablet, or other type of display devise connected to the court reporter.
`
`In accordance with Fed. R. Civ. P. 30(b)(6), GREE is advised of its duty to designate one
`
`or more of its officers, directors or other persons to testify on its behalf with respect to the matters
`
`identified in the Schedule of Topics. So that Supercell may comply with the U.S. Embassy Tokyo
`
`rules for taking depositions, at least three weeks before the deposition, GREE is requested to
`
`identify to undersigned counsel the witnesses for each topic and to produce any documents, which
`
`have not previously been produced and which are in GREE’s (or the designated person’s or
`
`persons’) possession, custody, or control referring or relating to the topics.
`
`Dated: August 7, 2020
`
`Respectfully submitted,
`
`
`
`/s/ Jessica M. Kaempf
`
`Jessica M. Kaempf (Admitted E.D. Texas)
`FENWICK & WEST LLP
`1191 Second Avenue, 10th Floor
`Seattle, WA 98101
`Telephone:
`206.389.4510
`Facsimile:
`206.389.4511
`Email:
`jkaempf @fenwick.com
`
`Michael J. Sacksteder (Admitted E.D. Texas)
`Bryan A. Kohm (Admitted E.D. Texas)
`Christopher L. Larson (Admitted E.D. Texas)
`FENWICK & WEST LLP
`555 California Street, 12th Floor
`San Francisco, California 94104
`Telephone:
`415.875.2300
`Facsimile:
`415.281.1350
`Email:
`msacksteder@fenwick.com
`
`bkohm@fenwick.com
`
`clarson@fenwick.com
`
`3
`
`Supercell
`Exhibit 1031
`Page 3
`
`

`

`Geoffrey R. Miller
`(Texas State Bar No. 24094847)
`FENWICK & WEST LLP
`902 Broadway, Suite 14
`New York, NY 10010
`Telephone:
`650.988.8500
`Facsimile:
`650.938.5200
`Email:
`gmiller@fenwick.com
`
`Deron R. Dacus
`Texas State Bar 00790553
`Shannon M. Dacus
`Texas State Bar 00791004
`The Dacus Firm, P.C.
`821 EST Loop 323, Suite 430
`Tyler, TX 75701
`Telephone:
`903.705.1117
`Facsimile:
`903.581.2543
`Email:
`ddacus@dacusfirm.com
`
`Attorneys for Defendant Supercell Oy
`
`4
`
`Supercell
`Exhibit 1031
`Page 4
`
`

`

`ATTACHMENT A
`
`DEFINITIONS
`
`1.
`
`“Plaintiff,” “you,” “your,” or “GREE” means Plaintiff GREE, Inc., and shall
`
`include all divisions, parents, subsidiaries identified as part of GREE Group in GREE’s annual
`
`reports, including but not limited to GREE International, Inc., GREE International
`
`Entertainment, Inc., Wright Flyer Studios, Inc. (“WFS”), Wright Flyer Live Entertainment, Inc.,
`
`Pokelabo, OpenFeint Inc., Funzio, Inc., Epic Voyage, Inc., and funplex, Inc., and further
`
`including but not limited to affiliates, predecessor or successor entities and their respective
`
`divisions, parents, subsidiaries, affiliates, predecessor or successor entities, if any, and present
`
`and former officers, directors, trustees, employees, staff members, agents or other
`
`representatives, other persons acting or purporting to act on behalf of any of the same, including
`
`counsel and patent agents, in any country, and any other entity from which they have obtained or
`
`are able to obtain any part of the discovery sought herein.
`
`2.
`
`3.
`
`“Defendant” or “Supercell” shall refer to Defendant Supercell Oy.
`
`“This Action” or “These Actions” shall refer to GREE, Inc. v. Supercell Oy, filed
`
`in the United States District Court, Eastern District of Texas, case Nos. 2:19-cv-00310-JRG-RSP
`
`and 2:19-cv-00311-JRG-RSP.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`“’708 Patent” means U.S. Patent No. 10,076,708.
`
`“’832 Patent” means U.S. Patent No. 10,413,832.
`
`“’107 Patent” means U.S. Patent No. 9,079,107.
`
`“’439 Patent” means U.S. Patent No. 9,561,439.
`
`“Patents-In-Suit” means U.S. Patent Nos. 10,076,708; 10,413,832; 9,079,107;
`
`and 9,561,439, collectively.
`
`9.
`
`The term “Named Inventors” shall mean the inventors named on the Patents-In-
`
`Suit.
`
`10.
`
`The term “related patents/applications” as used herein in connection with the
`
`Patents-In-Suit means any and all patents, patent applications and/or patent publications
`
`5
`
`Supercell
`Exhibit 1031
`Page 5
`
`

`

`concerning subject matter similar to the claimed subject matter of each of the Patents-In-Suit; by
`
`way of example only, related patents/applications include any patent document that (i) claims
`
`priority from any of the Patents-In-Suit, (ii) is identified as priority for any of the Patents-In-Suit,
`
`or (iii) claims priority to any application to which any of the Patents-In-Suit claims priority.
`
`11.
`
`The term “Prior Art” means, as of the filing date of the Patents-In-Suit, any and
`
`all things that contains, discloses, teaches, uses, or embodies, in whole or part, any subject matter
`
`described in the Patents-In-Suit, including without limitation any article, poster, abstract, chapter,
`
`display, slides, or other printed publication that discloses, or a use, sale, or offer for sale of a
`
`system or device disclosed or claimed in any of the Patents-In-Suit or that practices or could be
`
`used to practice, the alleged invention or any portion of the alleged invention disclosed or
`
`claimed in the any of the Patents-In-Suit or any other thing or activity which could be or could
`
`have been relied on by the United States Patent Office or a Court for an anticipation or
`
`obviousness determination of the Patents-In-Suit, including any and all patents, patent
`
`applications and/or publications prepared before the filing date of each of the Patents-In-Suit.
`
`12.
`
`“Named Inventor” means any inventor or combination of inventors listed on the
`
`face of any of the Patents-in-Suit and any other individuals who invented or discovered the
`
`subject matter of the invention.
`
`13.
`
`The term “Accused Product(s),” are those products you contend infringes any
`
`claim of the Patents-In-Suit.
`
`14.
`
`The term “Accused Feature(s),” are those features identified by you in your
`
`infringement contentions as allegedly infringing the Patent-In-Suit.
`
`15.
`
`The term “Asserted Claims” means any claims of your Patents-in-Suit you
`
`allege are infringed by Supercell.
`
`16.
`
`The term “Alleged Invention(s)” means any invention you allege is claimed by
`
`or protected under the Asserted Claims.
`
`17.
`
`The term “Patented Product” refers to any apparatus, product, device, system,
`
`process, method, act, or other instrumentality made, used, offered for sale, sold, imported or
`
`6
`
`Supercell
`Exhibit 1031
`Page 6
`
`

`

`exported by you or any other person that has ever practiced any invention described or claimed
`
`in the Patents-in-Suit.
`
`18.
`
`“Secondary Considerations” or “Objective Indicia” refers to secondary
`
`considerations of non-obviousness as the phrase is used in Graham v. John Deere Co., 383 U.S. 1,
`
`18 (1966), and subsequently developed cases.
`
`19.
`
`“Third party” means any individual, firm, association, organization, joint
`
`venture, partnership, or corporation other than the parties to the lawsuit.
`
`20.
`
`21.
`
`“Individual” means a natural person.
`
`The term “document” has the broadest meaning accorded that term by Fed. R.
`
`Civ. P. 34(a) and includes, but is not limited to, all of the items defined in Fed. R. Evid. 1001,
`
`and all preliminary and final drafts of any such item, including without limitation electronic
`
`documents and information in any form in which it may exist.
`
`22.
`
`“All documents” means any and all documents and things 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.
`
`23.
`
`“Communication(s)” refers to any form of interpersonal communication,
`
`including but not limited to any transmission, conveyance, or exchange of word, statement, fact,
`
`thing, idea, document, instrument, data, or information by any medium, whether written, verbal,
`
`non-verbal, or any other means, including but not limited to electronic communications and
`
`electronic mail.
`
`24.
`
`“Person” means, unless otherwise specified, any natural person, firm, entity,
`
`company, corporation, partnership, trust, proprietorship, association, joint venture, and
`
`government or government agency and any other form of business organization or arrangement
`
`of every nature and type, and its agents and employees.
`
`25.
`
`“Referring to,” “relating to,” “refer to,” or “related to” means, without
`
`limitation, concerning, referring to, summarizing, reflecting, constituting, containing,
`
`7
`
`Supercell
`Exhibit 1031
`Page 7
`
`

`

`embodying, pertaining to, involved with, mentioning, discussing, consistent of, comprising,
`
`showing, commenting on, evidencing or otherwise describing the particular subject matter
`
`identified.
`
`26.
`
`The term “date” means the exact day, month, and year, if ascertainable, or if not,
`
`the responding party’s best approximation thereof.
`
`27.
`
`28.
`
`Use of the singular also includes the plural and vice-versa.
`
`The terms “and” and “or” should be understood either disjunctively or
`
`conjunctively as necessary to bring within the scope of any request all information that might
`
`otherwise be construed to be outside of its scope.
`
`29.
`
`30.
`
`“Any” and “each” should be understood to include “all, any, each and every.”
`
`As used herein, “include” and “including” shall be construed to mean “without
`
`limitations,” so as to give the broadest possible meaning to topics and definitions containing
`
`those words.
`
`31.
`
`The singular form of a noun or pronoun shall be considered to include within its
`
`meaning the plural form of a noun or pronoun so used, and vice versa.
`
`32.
`
`A verb in one tense shall be considered to include within its meaning all other
`
`tenses.
`
`SCHEDULE OF TOPICS
`
`1.
`
`The conception of any and all Alleged Inventions disclosed in the Patents-in-Suit,
`
`including but not limited to the facts and circumstances surrounding such conception, the timing
`
`of such conception, all individuals who participated in or have knowledge of such conception,
`
`and the existence, identity, location and contents of any documents or things relating to such
`
`conception.
`
`2.
`
`The reduction to practice of any and all Alleged Inventions disclosed in the
`
`Patents-in-Suit, including but not limited to the facts and circumstances surrounding such
`
`reduction to practice, the timing of such reduction to practice, any alleged diligence in reduction
`
`8
`
`Supercell
`Exhibit 1031
`Page 8
`
`

`

`to practice, any cessation of attempted reduction to practice, all individuals who participated in
`
`or have knowledge of such reduction to practice, and the existence, identity, location and
`
`contents of any documents or things relating to such reduction to practice.
`
`3.
`
`Any technical challenges encountered and overcome during the conception and
`
`reduction to practice of the Alleged Inventions of the Patents-in-Suit and the functionality and
`
`improvements used to overcome those technological challenges.
`
`4.
`
`Any unpredictable results of the Alleged Inventions of the Patents-in-Suit
`
`observed or experienced during the development, conception, and/or reduction to practice of the
`
`Alleged Inventions of the Patents-in-Suit.
`
`5.
`
`For each Patent-in-Suit, the alleged contribution of each Named Inventor to each
`
`Asserted Claim.
`
`6.
`
`The design, development, and operation of any Patented Product, including any
`
`product, system, or method, whether or not commercially released, that practiced or practices
`
`any invention claimed in the Patents-in-Suit, the identity of all individuals who participated in or
`
`have knowledge of any such design, development or operation, and the existence, identity,
`
`location and contents of any documents or things relating to such design, development or
`
`operation.
`
`7.
`
`The identity, operation, and functionality of each Patented Product or licensed
`
`product that practices or otherwise falls within the scope of any claim of any Patent-in-Suit,
`
`including the earliest date when each product was first publicly described, used, demonstrated,
`
`offered for sale, or sold.
`
`8.
`
`Any public use, disclosure or exhibition to a third party, sale or offer for sale of
`
`any embodiment of the Asserted Claims of the Patents-in-Suit.
`
`9.
`
`The prosecution of the Patents-in-Suit.
`
`9
`
`Supercell
`Exhibit 1031
`Page 9
`
`

`

`10.
`
`All Prior Art of which you are aware, including the facts and circumstances
`
`relating to your first awareness of each item of Prior Art.
`
`11.
`
`All Prior Art of which each Named Inventor is aware, including the facts and
`
`circumstances relating to each Named Inventor's first awareness of each item of Prior Art.
`
`12.
`
`Any completed, attempted, solicited or requested assignments, licenses or other
`
`transfers of any interest in any Alleged Inventions disclosed in the Patents-in-Suit or related
`
`patents and applications and any communications regarding the same.
`
`13.
`
`GREE’s policies and procedures for licensing intellectual property, including how
`
`GREE determines what it will charge for intellectual property rights and how it determines
`
`whether or not to license intellectual property.
`
`14.
`
`All valuations performed by anyone of GREE, any entity related to GREE, on the
`
`Patents-in-Suit and/or any related patents and applications.
`
`15.
`
`All incentive payments GREE has made to any individual, person, or business
`
`entity relating to the license, sale, or assignment of any U.S. or Japanese patent or patent
`
`application, including the terms under which such incentive payment were made, any calculation
`
`that determined the amount of the incentive payment made, all documents or things that relate to
`
`such incentive payments, and all persons currently employed by GREE with knowledge
`
`concerning such facts regarding such incentive payments.
`
`16.
`
`All incentive payments GREE intends to or is obligated to make based on the
`
`outcome of this litigation to any person, individual, or business entity, including current and
`
`former employees, contractors, executives, or board members of GREE to whom GREE is
`
`obligated to make, including an identification of the terms under which such incentive payment
`
`may be made.
`
`10
`
`Supercell
`Exhibit 1031
`Page 10
`
`

`

`17.
`
`All written and oral opinions, analyses, memoranda, and reports regarding the
`
`Patents-in-Suit, including without limitation, all pre-suit diligence analysis, opinions,
`
`memoranda and reports, and any other documents or communications concerning the scope,
`
`infringement or noninfringement, enforceability or unenforceability, validity or invalidity, or
`
`claim construction of any of the claims of the Patents-in-Suit.
`
`18.
`
`All facts and circumstances relating to GREE’s first awareness of the Accused
`
`Products or the Accused Features.
`
`19.
`
`All interactions between GREE or representatives thereof on one hand and
`
`Supercell or its representatives on the other hand concerning the Patents-in-Suit or related
`
`patents and applications.
`
`20.
`
`All facts and circumstances relating to the decision to bring this action against
`
`Supercell.
`
`21.
`
`22.
`
`The factual bases for your claims in the Complaint.
`
`All facts and circumstances relating to other litigation with Supercell relating to
`
`the Patents-in-Suit or related patents and applications.
`
`23.
`
`GREE’s corporate, organizational, and management structure, its divisions, its
`
`subsidiaries, its officers, and its employees associated with mobile games.
`
`24.
`
`The duties and responsibilities of each of the officers, directors and managing
`
`agents of GREE associated with mobile games from January 1, 2016 to present.
`
`25.
`
`GREE’s operations, gross revenue, net revenue, gross profit, and net profit since
`
`its inception and the calculation thereof.
`
`26.
`
`The identity and location of any and all documents, electronic files, databases,
`
`and other tangible things relating to or containing information relating to the topics above
`
`including those documents relied on or reviewed by, or persons consulted by, the corporate
`
`11
`
`Supercell
`Exhibit 1031
`Page 11
`
`

`

`representative(s) for the purpose of becoming knowledgeable about the topics on which the
`
`representative(s) may testify.
`
`27.
`
`All facts and circumstances relating to the decision to bring this action against
`
`Supercell.
`
`28.
`
`All facts and circumstances relating to GREE’s public comments related to the
`
`Confidential Settlement Agreement entered into between Supercell and GREE.
`
`29.
`
`For each asserted claim of the Patents-in-Suit, the identification on a limitation-
`
`by-limitation basis of all portions of the relevant Patent-in-Suit you contend provide support
`
`under 35 U.S.C. § 112 paragraph 1.
`
`30.
`
`For each Patent-in-Suit, the qualifications of a person of ordinary skill in the art in
`
`the field of the claimed invention as of its earliest priority date as alleged by GREE in its
`
`Infringement Contentions.
`
`31.
`
`All facts and circumstances relating to each inventor of each of the Patents-in-
`
`Suit, including the employment history of each inventor and all facts and circumstances relating
`
`to the departure of any inventor who is no longer employed at GREE.
`
`32.
`
`All facts and circumstances relating to all past and current assignments or projects
`
`at GREE related to mobile games of each inventor listed on each of the Patents-in-Suit.
`
`33.
`
`All facts and circumstances relating to patent strategy for each of the Patents-in-
`
`Suit.
`
`34.
`
`Your efforts to locate, collect, organize, and produce Documents in response to
`
`Any discovery requests served or other discovery obligations in this litigation, and the sources
`
`from which documentation and discovery was collected for purposes of the litigation.
`
`35.
`
`GREE’s document retention policies with respect to GREE and each of its
`
`subsidiaries since September 12, 2016, including all efforts to retain, preserve, or prevent
`
`12
`
`Supercell
`Exhibit 1031
`Page 12
`
`

`

`spoliation of any documents, source code and any other materials relevant to this litigation and
`
`related suits.
`
`36.
`
`All market forces or other circumstances, and/or any economic factors GREE
`
`contends lead to, caused, or contributed to the closure of its U.S.-based subsidiaries or for the
`
`lack of success of any game GREE made available for download in the United States.
`
`37.
`
`The identification of the documents and data transferred from each of GREE
`
`International Entertainment, Inc., GREE International, Inc., OpenFeint Inc., and/or Funzio, Inc.
`
`to GREE prior to or after the respective liquidation or termination of operations of GREE
`
`International Entertainment, Inc., GREE International, Inc., OpenFeint Inc., and Funzio, Inc., and
`
`the current location of such documents and data, including without limitation the address at
`
`which the documents and data are located and/or the identification of the server and/or
`
`directories in which the documents and data stored.
`
`38.
`
`Identification of the persons involved in transferring or storing the data and
`
`documents referred to Topic #37 and the role each person served in transferring or storing the
`
`data.
`
`39.
`
`All user data, game data, KPIs, or other metrics tracked by GREE with respect to
`
`any game that may have features relevant to the patents-in-suit, including but not limited to
`
`Galaxy and Gundam Masters.
`
`40.
`
`The manner in which GREE utilized the user data, game data, KPIs, or other
`
`metrics referred to in Topic #39 to evaluate the success of its games, develop features, and
`
`otherwise make business or technical decisions relating to the games.
`
`41.
`
`Galaxy, Gundam Masters, and any other game that may have features relevant to
`
`the asserted patent(s), including but not limited to:
`
`13
`
`Supercell
`Exhibit 1031
`Page 13
`
`

`

`a. all relevant features, including source code relating to the relevant features,
`
`and the date such features were released or otherwise first publicly used or
`
`known, and where;
`
`b. the development, design, specification, operation, evaluation, and testing;
`
`c. your knowledge of, monitoring of, and or any responses to user comments or
`
`reviews, including but not limited to user blog posts, game forums, and app
`
`reviews;
`
`d. marketing, advertisement, and promotion, including promotion of specific
`
`features;
`
`e. all revenue and monetization efforts related to the distribution or sale,
`
`including but not limited to any revenue generated or received from in-app
`
`advertisements, revenue generated or attributable to specific feature usage,
`
`revenue related to in-app purchases, and the specific sources of all such
`
`revenue;
`
`f. your knowledge, collection, and/or analysis of any user data, game data, or
`
`KPIs, including usage of game features, usage trends, and number of
`
`downloads;
`
`g. all time limited, promotional, and special offers, gachas, and events;
`
`h. financial and accounting records;
`
`i. all market surveys, market analysis, sales projections, or forecasts of customer
`
`demand; and
`
`j. all pricing strategies, policies, and practices.
`
`14
`
`Supercell
`Exhibit 1031
`Page 14
`
`

`

`42.
`
`The factual basis for any and all reasons you contend that Galaxy, and any other
`
`product that may have features relevant to the asserted patent(s), does not practice the alleged
`
`inventions of the patents-in-suit.
`
`43.
`
`Your knowledge or awareness of Supercell, including Your first knowledge or
`
`awareness of Supercell and the person(s) who became aware and how they became aware.
`
`44.
`
`Your monitoring, awareness and/or analysis of any Supercell game, including
`
`monitoring and awareness related to the development, design, specification, operation,
`
`evaluation, and testing of any GREE game and including Your first knowledge or awareness of
`
`each Supercell game and the person(s) who became aware and how they became aware.
`
`45.
`
`46.
`
`Any meeting or Communications between You and Supercell.
`
`Documents and Communications Concerning Supercell, the Patents-in-Suit, the
`
`applications that led to the Patents-in-Suit, any patents that issued from the applications that the
`
`Patents-in-Suit claim priority to, and the above-captioned litigation.
`
`47.
`
`Any and all reasons You contend any claim of any Patent-in-Suit is valid and/or
`
`enforceable.
`
`48.
`
`Your analysis or evaluation of each Patent-in-Suit as it relates to any Supercell
`
`Product.
`
`49.
`
`Any non-infringing alternative or design-around that exists for each feature in
`
`Supercell’s products or any other product that GREE contends practices the patents-in-suit.
`
`50.
`
`Your business model, including information regarding Your business practices as
`
`may be described in any financial documents or annual reports.
`
`51.
`
`The state of the art at the time of the alleged inventions of the Patents-in-Suit.
`
`52.
`
`The value, if any, of the alleged inventions of the Patents-in-Suit.
`
`15
`
`Supercell
`Exhibit 1031
`Page 15
`
`

`

`53.
`
`Any agreements relating to mobile games or any products or services in the
`
`mobile gaming market.
`
`54.
`
`Your knowledge and date of first knowledge of each Prior Art reference cited in
`
`Supercell’s invalidity contentions.
`
`55.
`
`The identity and location of each Document, Communication, and Thing and the
`
`identity and location of the custodian of each Document, Communication, and Thing Concerning the
`
`foregoing topic.
`
`56.
`
`Any prior license contemplated or entered into by GREE (including any of its
`
`subsidiaries), including the scope of the license and value assigned to each licensed patent.
`
`57.
`
`The financing of this litigation.
`
`58.
`
`59.
`
`Entities with any interest, financial or otherwise, in this litigation.
`
`All facts, documents and theories relating to GREE’s contention that it has
`
`suffered damages as a result of Supercell’s alleged infringement of the Patents-in-Suit, including
`
`without limitation the nature of damages, injury or loss, the amount of damages, injury or loss,
`
`the method by which the damage, injury or loss has been or may be calculated, the measure(s) of
`
`the monetary award that would be adequate to compensate for the damage, injury or loss, and the
`
`period of time during which you contend the damage, injury or loss occurred.
`
`60.
`
`61.
`
`Your responses to Supercell’s discovery requests.
`
`Your investigation concerning each of the foregoing topics, including but not
`
`limited to, the investigation you performed to provide the testimony required by this deposition
`
`notice.
`
`62.
`
`The identity and location of the persons most knowledgeable about any of the
`
`topics above.
`
`16
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`Supercell
`Exhibit 1031
`Page 16
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that on August 7, 2020, a true and correct copy of the foregoing
`
`document was served via email on each party through their counsel of record.
`
`Alton L. Absher, III
`Kilpatrick Townsend & Stockton LLP
`Email: aabsher@kilpatricktownsend.com
`
`Andrew W. Rinehart
`Kilpatrick Townsend & Stockton LLP
`Email: arinehart@kilpatricktownsend.com
`
`John C Alemanni
`Kilpatrick Townsend & Stockton LLP
`Email: jalemanni@kilpatricktownsend.com
`
`Kasey E. Koballa
`Kilpatrick Townsend & Stockton LLP
`Email: kkoballa@kilpatricktownsend.com
`
`Melissa Richards Smith
`Gillam & Smith, LLP
`Email: melissa@gillamsmithlaw.com
`
`Harry L. Gillman
`Gillam & Smith, LLP
`Email: gil@gillamsmithlaw.com
`
`Michael T. Morlock
`Kilpatrick Townsend & Stockton LLP
`Email: mmorlock@kilpatricktownsend.com
`
`Norris Power Boothe
`Kilpatrick Townsend & Stockton LLP
`Email: nboothe@kilpatricktownsend.com
`
`Rishi Gupta
`Kilpatrick Townsend & Stockton LLP
`Email: rgupta@kilpatricktownsend.com
`
`Taylor Higgins Ludlam
`Kilpatrick Townsend & Stockton LLP
`Email: taludlam@kilpatricktownsend.com
`
`Taylor Jacqueline Pfingst
`Kilpatrick Townsend & Stockton, LLP
`Email: tpfingst@kilpatricktownsend.com
`
`Steven David Moore
`Kilpatrick Townsend & Stockton, LLP
`Email: smoore@kilpatricktownsend.com
`
`
`
`
`/s/ Jessica M. Kaempf
`Jessica M. Kaempf
`
`
`
`
`
`
`
`17
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`Supercell
`Exhibit 1031
`Page 17
`
`