Case 6:21-cv-00984-ADA Document 98-1 Filed 09/21/22 Page 1 of 8
`Case 6:21-cv-00984-ADA Document 98-1 Filed 09/21/22 Page 1of8
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`EXHIBIT 10
`EXHIBIT 10
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`Case 6:21-cv-00984-ADA Document 98-1 Filed 09/21/22 Page 2 of 8
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`JAWBONE INNOVATIONS, LLC,
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`Plaintiff,
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`APPLE INC.,
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`v.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`§
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`§
`Case No. 6:21-cv-00984-ADA
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`JURY TRIAL DEMANDED
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`§
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`Defendant.
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`JAWBONE INNOVATIONS, LLC’S OBJECTIONS AND
`RESPONSES TO DEFENDANT APPLE INC.’S
`FIRST SET OF INTERROGATORIES (NOS. 1-15)
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`Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, Plaintiff Jawbone
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`Innovations, LLC (“Jawbone” or “Plaintiff”), through its undersigned counsel, hereby responds to
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`Defendant Apple Inc.’s (“Apple” or “Defendant”) First Set of Interrogatories (Nos. 1-15)
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`(“Interrogatory”), in writing, under oath, and in accordance with the following definitions and
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`instructions, within thirty (30) days of the date of service thereof, August 8, 2022.
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`These responses are made solely for the purposes of this action, and are made without
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`waiving, or intending to waive, the right at any time to revise, correct, modify, supplement, or
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`clarify any response provided herein or the right to object on any proper grounds to the use of these
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`responses, for any purpose in whole or in part, in any subsequent proceeding or any other action.
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`The right to raise any applicable objections at any time is expressly reserved. A response to any
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`request herein should not be taken as an admission or acceptance of the existence of any facts set
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`forth or assumed by such request, or that such response constitutes admissible evidence. The
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`responses herein reflect only the present state of Jawbone’s investigation and the present state of
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`Case 6:21-cv-00984-ADA Document 98-1 Filed 09/21/22 Page 3 of 8
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`AliphCom’s products practiced the patents.
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`Jawbone incorporates by reference, as if fully set forth herein, its forthcoming expert report
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`on damages, validity, and/or infringement, which will be served in accordance with the Court’s
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`Scheduling Order, Dkt. 23.
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`Discovery in this case is ongoing and Jawbone continues to investigate this matter.
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`Jawbone will supplement this response to provide any additional responsive, non-privileged
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`information to the extent such information exists, can be ascertained after a reasonable
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`investigation in accordance with the Federal Rules of Civil Procedure and any applicable Court
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`order, and is in the possession, custody, or control of Jawbone. Jawbone reserves the right to
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`supplement its response to this Interrogatory, including identifying additional documents pursuant
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`to Fed. R. Civ. P. 33(d).
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`INTERROGATORY NO. 4
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`Identify each product, service, or software (or combination thereof) known to You that You
`contend practices any claim of the Asserted Patents or Related Patents (collectively “practicing
`systems”), and for each practicing system: (a) identify each such system by any public names and
`internal names or codes; (b) identify the allegedly practiced claim(s); (c) describe in detail the
`factual and legal bases for Your contentions that each such practicing system practiced each
`identified claim, including by identifying all related documents and persons with knowledge; and
`(d) provide a chart identifying specifically where each element of each claim is found within each
`product, service, or software.
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`RESPONSE TO INTERROGATORY NO. 4
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`Jawbone incorporates by reference its General Objections as if fully set forth herein.
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`Jawbone objects to this Interrogatory as overly broad, unduly burdensome, seeking information
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`not proportional to the needs of the case, and seeking information outside Jawbone’s possession,
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`custody, or control, particularly to the extent it requests, but not limited to, “each product, service,
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`or software (or combination thereof),” “describe in detail the factual and legal bases,” “each such
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`system by any public names and internal names or codes,” and “provide a chart identifying
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`Case 6:21-cv-00984-ADA Document 98-1 Filed 09/21/22 Page 4 of 8
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`specifically where each element of each claim is found within each product, service, or software.”
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`Jawbone objects to this Interrogatory as unclear, vague, and ambiguous, with respect to the
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`phrases, but not limited to, “product, service, or software,” “system by any public names and
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`internal names or codes,” and “where each element of each claim is found within each product,
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`service, or software.” Jawbone objects to this Interrogatory as seeking information that is already
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`in Defendant’s possession, custody, or control, or is otherwise readily obtainable to Defendant
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`with lesser or equal burden to Jawbone. Jawbone further objects to this Interrogatory to the extent
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`it calls for a legal conclusion. Jawbone objects to this Interrogatory as containing multiple subparts,
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`each of which counts towards Defendant’s total number of interrogatories. Jawbone objects to this
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`Interrogatory to the extent it seeks information that may be protected from disclosure by Protective
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`Orders, Non-Disclosure Agreements, or is otherwise in the possession of a third party to which a
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`duty of confidentiality is owed. Jawbone objects to this Interrogatory as seeking information that
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`is properly the subject of expert reports before the deadline for such disclosures, and without the
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`benefit of claim construction.
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`Subject to and without waiving its General and Specific Objections to this Interrogatory,
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`Jawbone responds as follows:
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`AliphCom’s products practiced the patents.
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`Jawbone will supplement its response to this Interrogatory, if necessary, once the Court
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`and/or the parties clarify the scope of the claims by virtue of the claim construction process.
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`Jawbone incorporates by reference, as if fully set forth herein, its forthcoming expert report on
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`damages, validity, and/or infringement, which will be served in accordance with the Court’s
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`Scheduling Order, Dkt. 23.
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`Case 6:21-cv-00984-ADA Document 98-1 Filed 09/21/22 Page 5 of 8
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`Discovery in this case is ongoing and Jawbone continues to investigate this matter.
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`Jawbone will supplement this response to provide any additional responsive, non-privileged
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`information to the extent such information exists, can be ascertained after a reasonable
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`investigation in accordance with the Federal Rules of Civil Procedure and any applicable Court
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`order, and is in the possession, custody, or control of Jawbone. Jawbone reserves the right to
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`supplement its response to this Interrogatory, including identifying additional documents pursuant
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`to Fed. R. Civ. P. 33(d).
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`INTERROGATORY NO. 5
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`Describe in complete detail the factual and legal bases and supporting evidence for Your
`contention that any Asserted Claim is indirectly infringed, including without limitation the date on
`which You allege Apple first had knowledge of each Asserted Claim, the identity of each alleged
`direct infringer, each act of alleged direct infringement for which Plaintiff contends Apple bears
`any liability, all acts of Apple that You allege induced the alleged infringement, the components
`Apple provides that You contend are a material part of the claimed inventions, all facts supporting
`Plaintiff’s claim that Apple has acted with knowledge that such components are especially made
`or adapted for use in an infringement, and all facts supporting Plaintiff’s claim that those
`components are not staple articles or commodities of commerce suitable for substantial non-
`infringing use.
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`RESPONSE TO INTERROGATORY NO. 5
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`Jawbone incorporates by reference its General Objections as if fully set forth herein.
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`Jawbone objects to this Interrogatory as overly broad, unduly burdensome, seeking information
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`not proportional to the needs of the case, and seeking information outside Jawbone’s possession,
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`custody, or control, particularly to the extent it requests, but not limited to, “complete detail the
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`factual and legal bases and supporting evidence for Your contention that any Asserted Claim is
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`indirectly infringed,” “each act of alleged direct infringement for which Plaintiff contends Apple
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`bears any liability,” “all acts of Apple that You allege induced the alleged infringement,” “all facts
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`supporting Plaintiff’s claim that Apple has acted with knowledge that such components are
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`especially made or adapted for use in an infringement,” and “all facts supporting Plaintiff’s claim
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`Case 6:21-cv-00984-ADA Document 98-1 Filed 09/21/22 Page 6 of 8
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`proportional to the needs of the case. Jawbone objects to this Interrogatory to the extent that it
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`seeks information protected by the attorney-client privilege, work-product doctrine, common
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`interest privilege, and/or any other applicable privilege. Jawbone objects to this Interrogatory to
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`the extent it seeks information that may be protected from disclosure by Protective Orders, Non-
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`Disclosure Agreements, or is otherwise in the possession of a third party to which a duty of
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`confidentiality is owed.
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`Subject to and without waiving its General and Specific Objections to this Interrogatory,
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`Jawbone responds as follows:
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`Discovery in this case is ongoing and Jawbone continues to investigate this matter.
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`Jawbone will supplement this response to provide any additional responsive, non-privileged
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`information to the extent such information exists, can be ascertained after a reasonable
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`investigation in accordance with the Federal Rules of Civil Procedure and any applicable Court
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`order, and is in the possession, custody, or control of Jawbone. Jawbone reserves the right to
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`supplement its response to this Interrogatory, including identifying additional documents pursuant
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`to Fed. R. Civ. P. 33(d).
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`Dated: September 7, 2022
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`AS TO OBJECTIONS,
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`/s/ Richard M. Cowell
`Raymond W. Mort, III
`Texas Bar No. 00791308
`Email: raymort@austinlaw.com
`THE MORT LAW FIRM, PLLC
`100 Congress Avenue, Suite 2000
`Austin, Texas 78701
`Tel/Fax: 512-865-7950
`OF COUNSEL:
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`Alfred R. Fabricant (pro hac vice to be filed)
`NY Bar No. 2219392
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`Case 6:21-cv-00984-ADA Document 98-1 Filed 09/21/22 Page 7 of 8
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`Email: ffabricant@fabricantllp.com
`Peter Lambrianakos (Admitted Pro Hac Vice)
`NY Bar No. 2894392
`Email: plambrianakos@fabricantllp.com
`Vincent J. Rubino, III (pro hac vice to be filed)
`NY Bar No. 4557435
`Email: vrubino@fabricantllp.com
`Richard Cowell (Admitted Pro Hac Vice)
`NY Bar No. 4617759
`Email: rcowell@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Avenue, Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
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`ATTORNEYS FOR PLAINTIFF
`JAWBONE INNOVATIONS, LLC
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`Case 6:21-cv-00984-ADA Document 98-1 Filed 09/21/22 Page 8 of 8
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`CERTIFICATE OF SEVICE
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`I hereby certify that on September 7, 2022, a true and correct copy of the above and
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`foregoing document has been served by email on all counsel of record.
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`/s/ Richard M. Cowell
` Richard M. Cowell
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