IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`PERCEPTIVE AUTOMATA LLC,
`Plain
`tiff,
`v.
`TESLA,
` INC.,
`Def
`endant.
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`C.A. N
`O. 2:25-cv-742-JRG
`PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANTS (NO. 1-6)
`Pursuant to Rule s 26 a nd 33 of the Federal Rules of Civil Procedure and the applicable
`local rules and orders of the Court, Plaintiff Perceptive Automata LLC serves the following
`Interrogatories upon Defendant Tesla, Inc. Thirty days from service of this document, these
`interrogatories are to be answered fully and separately, in writing, and under oath, by an officer or
`agent of Defendant who is authorized to give answers on Defendant’s behalf.
`Perceptive Exhibit 2033
`IPR2025-01576
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`DEFINITIONS
`Unless specifically indicated, or otherwise required by the context in which the terms and
`names are used, the following instructions and definitions shall apply:
`1. “ Tesla,” “You,” “Your,” or “Defendant” means and refers to Tesla, Inc. , and
`includes all of its current or former officers, directors, partners, associates, employees, staff
`members, agents, representatives, attorneys, and all other persons or entities acting or purporting
`to act on its behalf ; as well as all of its foreign and domestic parents, subsidiaries, affiliates,
`divisions, and any other related entities with whom it has sufficient closeness, connection and
`practical interaction to allow it control over any such entity’s Documents and information.
`2. The term “Plaintiff” or “Perceptive” means Perceptive Automata LLC.
`3. “Patents-in-Suit” means any and/or all of U.S. Patent No. 10,614,344 (the “ʼ344
`patent”), U.S. Patent No. 11,126,889 (the “ʼ889 patent”), U.S. Patent No. 11,467,579 (the “ʼ579
`patent”), U.S. Patent No. 11,520,346 (the “ʼ346 patent”), and 11,753,046 (the “ʼ046 patent”).
`4. The term “Accused Product(s)” refers to all products identified in response to any
`of Interrogatory Nos. 1 - 3 as well as all of Your accused instrumentalities, components, systems,
`processes, services, systems, products identified as infringing any of the Patents- in-Suit (1) in
`Plaintiff’s Complaint; (2) in Plaintiff’s preliminary disclosures; (3) in Plaintiff’s I nfringement
`Contentions (“Infringement Contentions”) ; (4) in all supplements and/or amendments to the
`foregoing; or (5) all reasonably similar products.
`5. The terms “and,” “or,” and “and/or” shall be construed conjunctively or
`disjunctively as necessary to make the interrogatory inclusive rather than exclusive.
`6. The terms “any” and “each ” shall be construed to include and encompass “all,”
`“each and every,” or “any one,” whichever makes the interrogatory more inclusive.
`Perceptive Exhibit 2033
`IPR2025-01576
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`7. The term “concerning” means in whole or in part, directly or indirectly, referring
`to, r
`elating to, connected with, commenting on, responding to, showing, describing, analyzing,
`reflecting, and consulting.
`8. The terms “describe” or “identify” mean the following:
`i) As to a natural person: state the full name, present or last known complete
`res
`idential and business address and phone number(s), the name of the
`current or last known employer, and such person's relationship to you. If
`the person is an entity, state the current name for the entity, its principal
`home office address and telephone number and the name of the natural
`person with whom most of the communications with such entity are made
`or the name of the natural person whom the party responding to this
`document believes would have personal knowledge regarding the
`information requested in this request.
`ii) As to a document: state the type of document identified, its author(s) and
`thei
`r title or position, the date such document was created, the production
`or control number of the document (if any), the addressee(s) and their title
`or position, person(s) receiving a copy of their title or position, a general
`description of subject matter contained in such document, and the present
`location of such document.
`iii) As to a conversation, communication, discussion, oral statement, interview,
`or me
`eting: state the date upon which it took place; identify each person
`who participated in it, witnessed it and/or overheard it; state what was said
`Perceptive Exhibit 2033
`IPR2025-01576
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`by each such person, including the issues and matters discussed; and
`ident
`ify each document which describes or relates to it.
`iv) As to an act, action, activity, omission or event: state the identity of each
`pers
`on who participated in such action, act, activity, omission or event; the
`date and place of such act, action, activity, omission or event in detail; and
`the identity of each person having knowledge of the act, action, activity,
`omission, or event.
`9. The terms “Document” or “Documents” are used herein in their broadest sense as
`set forth in the Federal Rules of Civil Procedure. These words mean and include all written,
`printed, typed, recorded, or graphic matter of every kind and description, both originals and copies,
`and all attachments and appendices, within Your possession, custody, or control. Without limiting
`the foregoing, the terms “Document” or “Documents” shall include all accounts; advertising
`literature; agreements; analytical records; appointment boo ks or schedules; articles; audits; bank
`records or statement blueprints; books; books of account; booklets; brochures; bulletins; calendars;
`CD, DVD, and other optical-disk media; charts; checks; circulars; coding forms; communications
`(intra-or inter-company); computer files or storage (in a computer, computer disk, computer tape
`or otherwise); computer printouts; computer readable data; computer programs; contracts; copies;
`correspondence; data bases; diaries; disks; displays; drafts of any document; drawings; electronic
`mail (e-mail); envelopes; examinations; films; files; file folders; financial reports; flyers; forecasts;
`graphs; indices; instructions; instruction manuals or sheets; invoices; job requisitions; letter;
`license; log; magnetic media or sheet; magnetic media of any kind (including but not limited to
`disks, tapes, or other media) containing computer software with supporting indices, data,
`documentation, flow charts, comments, object code, source code, and computer programs relating
`Perceptive Exhibit 2033
`IPR2025-01576
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`thereto; manuals; maps; memoranda; messages; minutes; three-dime nsional models; magazines or
`other published material (or any clipping thereof); newspapers; notes (typewritten, handwritten,
`stenographic, recorded, or any other type); notebooks; notices; opinions; pamphlets; papers;
`periodicals or other publications; photographs; price lists; prints; printed circuit boards;
`promotional literatures; punch cards; purchase orders; questionnaires; receipts; records; recorded
`Read-Only-Memory (ROM); recordings (magnetic, electronic, videotape, or any other type);
`record requests; reports; slides; solicitations; statements; statistical compilations; stenographic
`notes; studies; summaries (Including any memoranda, minutes, notes, records, or summary of any
`(a) telephone or intercom conversation or message, (b) personal conversation or interview, or (c)
`meeting or conference); supporting documentation; surveys; tapes; telegrams; telephone logs;
`transparencies; travel or expense records; video recordings; video tapes; visitor logs; voice
`recordings; vouchers; x -ray films and prints; worksheets; working papers; writings or other
`handwritten, printed, reproduced, recorded, typewritten, or otherwise produced graphic material
`from which the information required may be obtained. The words “Document” and “Documents”
`also include all copies of documents by whatever means made, except that where a document is
`produced, identical copies of it that do not contain any markings, additions, or deletions that are
`different from the original do not have to be separately produced.
`10. The term “Person” shall be broadly construed to include natural persons, as well as
`corporations, partnerships, unincorporated associations, joint ventures, sole proprietorships, or any
`other entity or organization of individuals.
`11. The term “i ncluding” shall not be construed as limiting in any respect and shall
`mean the same as “including, but not limited to”.
`12. The terms “L itigation” or “ Lawsuit” refer to Perceptive’s lawsuit for the
`Perceptive Exhibit 2033
`IPR2025-01576
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`infringement of the Patents -in-Sui t in the United States District Court for the Eastern District of
`Texas, Case No. 2:25-cv-00742-JRG.
`13. The term “License Agreement” means any agreement whereby You either gain
`access to, or use of, the patents, other intellectual property, products or technology of another , or
`grant access to or use of Your patents, other intellectual property, products or technology to
`another, whether draft or executed, regardless of form or title.
`14. The terms “relating to,” “relate(s) to,” or “related to” mean, in addition to their
`customary and usual meanings, discussing, referring, pertaining, reflecting, showing, recording,
`or having any logical or factual connection whatever with the subject matter in question.
`15. The plural of any word herein includes the singular, and the singular includes the
`plural. Use of the singular shall also include the plural, and vice-versa.
`16. The past tense of a verb used herein includes the present tense, and the present tense
`includes the past tense.
`
`INSTRUCTIONS
`1. For the following interrogatories, the information sought is that which is current to
`the date of Your response. The following interrogatories are continuing in nature , and
`supplemental and/or corrected responses are required in accordance with Federal Rule of Civil
`Procedure 26(e) should You learn any response was incomplete or incorrect when made, or ,
`although complete and correct when made, it is no longer complete and correct.
`2. If any information is withheld on the basis of a claim of privilege or work product,
`then the answer shall: (a) identify the information withheld by subject matter, author (s),
`addressee(s), and recipient(s); (b) state the basis for withholding the information; and (c) identify
`the person(s) knowledgeable about the subject matter of the withheld information.
`Perceptive Exhibit 2033
`IPR2025-01576
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`3. If, in responding to any of these Interrogatories, You rely on documents that You
`have
` not previously produced in this litigation, You are requested to produce the documents and
`identify such documents relied upon in responding to a particular interrogatory. If any Documents
`referenced in Your response to these interrogatories were, but are no longer, in Your possession,
`custody, or control, state what disposition was made of them, when it was made, the reasons for
`the disposition, and the current custodian of such Documents. If any Documents referenced in
`response to these interrogatories have been lost or destroyed, describe in detail the circumstances
`of such loss or destruction and identify each lost or destroyed Document (and all files that
`contained such Documents).
`4. If the procedure for answering interrogatories as authorized by Federal Rule of
`Civil Procedure 33(d) is used, for each interrogatory and subpart thereof, specify the production
`(i.e., Bates) numbers of the specific Document or groups of Documents.
`5. If You object to any interrogatory or any subpart of any interrogatory, Your answer
`must state the objection and any grounds, and You must answer the parts of the interrogatory not
`subject to Your objection.
`6. All of these Interrogatories must be answered fully and in writing in accordance
`with Federal Rules of Civil Procedure 33 and be signed by You. If any of the interrogatories cannot
`be answered in full after exercising reasonable diligence to secure a response, please so state,
`provide the reasons why the interrogatory cannot be answered fully, supply the portions that can
`be answered, and supply whatever information is available regarding any portions that cannot be
`answered.
`Perceptive Exhibit 2033
`IPR2025-01576
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`8
`INTERROGATORIES
`INTERROGATORY NO. 1
`Identify all devices made, sold, offered for sale, used, or imported in or into the United
`States by You or on Your behalf, at any point since July 2019, that include, implement, use,
`perform, or incorporate Full Self-Driving as described in Exhibits A-E to Plaintiff’s Infringement
`Contentions. For the purposes of this interrogatory, such identification should include the year,
`model, and other version or identifying information for the vehicle , and/or the FSD version, any
`model number(s) and/or internal identifiers or code names associated with the vehicle, and the date
`the vehicle was first made, sold, offered for sale, used or imported in or into the United States.
`INTERROGATORY NO. 2
`State with particularly the circumstances surrounding Your first awareness of each of the
`Patents-in-Suit and any patent or application (foreign or domestic) related to the Patent -in-Suit,
`including for each such patent or application, the date when You first became aware of the patent
`or application, the Persons involved in the circumstances and events when You first became aware
`of the patent or application, the identity and content of any communications or documents relating
`to Your awareness of the patent or application, any third-party(ies) You contacted regarding the
`patent or application, and all actions taken by You relating to, or as a result of, Your becoming
`aware of the patent or application.
`INTERROGATORY NO. 3
`Identify (and include a job title) of the five most knowledgeable Persons at Tesla residing
`in, or
` working in, Texas Related to: (1) the technical aspects of the FSD, including, but not limited
`to, the FSD source code and other technical aspects; and (2) t he financial aspects of the FSD,
`Perceptive Exhibit 2033
`IPR2025-01576
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`including, but not limited to, the projected revenues and profits, as well as internal and external
`valua
`tions of the FSD.
`INTERROGATORY NO. 4
`State with specificity the basis for, and all facts and circumstances supporting or otherwise
`relating to, each defense and counterclaim asserted by You in this litigation, including the
`identification of all Persons with knowledge relevant to each such de fense and counterclaim and
`the identification of all documents and evidence supporting such alleged defenses and/or
`counterclaims.
`INTERROGATORY NO. 5
`State and describe all facts related to any alleged non -infringing alternatives/substitutes
`and/or allegedly acceptable non -infringing alternatives/substitutes available to You during the
`relevant timeframe, including, but not limited to, (a) the non -infringing alternative/substitute; (b)
`why such non- infringing alternative/substitute was acceptable (including, but not limited to,
`acceptability to You and/or Your customers); (c) the costs associated with such non -infringing
`alternative/substitute; (d) the a vailability of such non- infringing alternative/substitute (including
`where it was available and when it was available); and (e) all Persons with knowledge of such non-
`infringing alternative/substitute.
`INTERROGATORY NO. 6
`Identify all source code , technical manuals, operating manuals, technical specifications,
`circuit diagrams, design drawings, source code, product proposals, functional requirements, design
`requirements, technical reports, laboratory or engineering notes, meeting minutes, schematics ,
`flow charts, and bills of materials produced in this case and the five Persons Most knowledgeable
`about such information. For the purposes of this interrogatory, such identification should include
`Perceptive Exhibit 2033
`IPR2025-01576
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`the Accused Product to which each such item rela tes, the Bates ranges for each such items, as well
`as the file path on the source code computer for any such materials.
`Perceptive Exhibit 2033
`IPR2025-01576
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`Dated: November 18, 2025 Res pectfully submitted,
`/s/ C. Austin Ginnings
`Andrea L. Fair
`Texas Bar No. 24078488
`Miller Fair Henry, PLLC
`1507 Bill Owens Pkwy
`Longview, TX 75604
`Tel: (903) 757-6400
`andrea@millerfairhenry.com
`Pat
`rick J. Conroy (lead counsel)
`Texas Bar No. 24012448
`Jonathan H. Rastegar
`Texas Bar No. 24064043
`Nelson Bumgardner Conroy PC
`2727 N. Harwood St.
`Suite 250
`Dallas, TX 75201
`Tel: (214) 446-4950
`pat@nelbum.com
`jon@nelbum.com
`Tim
`othy E. Grochocinski
`Illinois Bar No. 6295055
`Taryn Trusty
`Illinois Bar No. 6344409
`Nelson Bumgardner Conroy PC
`745 McClintock Drive
`Suite 340
`Burr Ridge, IL
`Tel: (708) 675-1974
`tim@nelbum.com
`taryn@nelbum.com
`John P. M
`urphy
`Texas Bar No. 24056024
`Nelson Bumgardner Conroy PC
`3131 W 7th St
`Suite 300
`Fort Worth, TX 76107
`Tel: (817) 377-9111
`murphy@nelbum.com
`Attor
`neys for Plaintiff
`Perceptive Automata LLC
`Perceptive Exhibit 2033
`IPR2025-01576
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`CERTIFICATE OF SERVI CE
`I hereby certify that all counsel of record who have consented to electronic service are
`being served with a copy of this document via email on November 18, 2025.
`/s/ C. A
`ustin Ginnings
`Perceptive Exhibit 2033
`IPR2025-01576
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