Vertical Computer Systems, Inc. v. Interwoven, Inc. et al

Filing 92

REPLY to Response to Motion re 84 SEALED MOTION to Sever and Transfer Claims filed by LG Electronics Inc, LG Electronics Mobilecomm USA Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Healey, David)

Exhibit C

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
VERTICAL COMPUTER SYSTEMS, INC.,
Plaintiff,
Civil No. 2:10-CV-00490
v.
Hon. Michael H. Schneider
LG ELECTRONICS MOBILECOMM
U.S.A., INC., LG ELECTRONICS INC.,
SAMSUNG ELECTRONICS CO., LTD.,
SAMSUNG ELECTRONICS AMERICA,
INC.,

JURY TRIAL DEMANDED

Defendants.

PLAINTIFF’S FIRST SET OF
INTERROGATORIES TO DEFENDANTS LG ELECTRONICS
MOBILECOMM U.S.A., INC. AND LG ELECTRONICS INC.
Plaintiff, Vertical Computer Systems, Inc., ("Vertical"), requests that the
Defendants, LG Electronics MobileComm U.S.A., Inc. and LG Electronics Inc.
(collectively, "LG" or "Defendants"), answer the following interrogatories, pursuant to
Fed.R.Civ.P. 33, within 30 days of service.

The following interrogatories are to be

deemed continuing interrogatories, requiring prompt supplemental answers whenever
the conditions of Fed.R.Civ.P. 26(e) are satisfied.
DEFINITIONS
The following definitions are applicable to terms employed in these requests:
A.

The term "person" refers to both natural persons and to corporate or other

business entities, whether or not in the employ of Defendants, and the acts of a person
are defined to include the acts of directors, officers, owners, members, employees,
agents or attorneys acting on the person’s behalf.

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B.

To "identify" a person means to state the person’s name and business or

home address, and business and telephone numbers.
C.

The

term

"document"

refers

to

all

handwritten,

typed,

printed,

electronically recorded or graphic matter however produced or reproduced, whether
copies or originals, in the possession, custody or control of Defendants or its owners,
employees or attorneys.
D.

To "identify" documents means to provide a brief description of each

document sufficient to support a request for production, including at least the type of
document, the date of the document, identification of the author, identification of each
person to whom the original document or any copy thereof was directed, identification of
all persons who received or saw copies, as well as identification of each person who
presently has custody of the document and of any copy thereof, and if the document
embodies an agreement, identification of the persons involved in such agreement. If a
copy of the document is not provided, state whether Defendants are willing to allow
Vertical’s counsel to inspect and copy said document; and if not, the reasons for such
refusal.
E.

To "locate" documents means to state the present whereabouts of each

document, and to identify the person having possession, custody or control thereof.
F.

The term "relevant" means documents and other information which are

relevant in the sense of Fed.R.Civ.P. 26 or Fed.R.Evid. 401-02; or which Defendants
intend to use to support its allegations or defenses; or which tend to prove or disprove
any allegations or defenses of the Defendants.
G.

The term "Plaintiff" or "Vertical" means Vertical Computer Systems, Inc.,

its assignees, agents, representatives and predecessors in interest.
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H.

“Defendants,” means LG Electronics MobileComm U.S.A., Inc. and LG

Electronics Inc., their assignees, predecessors in interest, successors in interest,
subsidiaries and related companies and the officers, directors, employees, agents and
representatives thereof.
I.

The “patents-in-suit” are U.S. Patent No. 6,826,744 ("the ‘744 patent”) and

U.S. Patent No. 7,716,629 ("the '629 patent").
J.

“Prior art” means all publications, patents, physical devices, prototypes,

uses, sales, offers for sale, or other activity relating to the subject matter of the patentsin-suit, and having or occurring at a date such as to be relevant under any subdivision of
35 U.S.C. §102 or under 35 U.S.C. §103.
K.

"Product" means any cellular telephone, smartphone, or other wireless

communication device, or any computer of any type manufactured, sold in or imported
into the United States by the Defendants.
INTERROGATORIES
INTERROGATORY NO. 1
If Defendants contend that they have not infringed any of the claims of the
patents-in-suit:
a.

State all facts presently known by Defendants that support any such
contention individually for each claim of the patents-in-suit and provide an
element-by-element comparison of each claim with each Product (as
defined above);

b.

For each element of any claim allegedly absent from each such Product,
state whether any other feature, element or component in each such
Product (as defined above) performs substantially the same or a similar
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function as the allegedly omitted element and identify each such feature,
element or component and the function performed;
c.

State whether Defendants contend that Vertical is estopped by the
prosecution history of the patents-in-suit from applying the doctrine of
equivalents with respect to any element, and identify all facts presently
known by Defendants which support such a contention, each such
element and the document, pages and line numbers of the prosecution
history relied upon by Defendants;

d.

State whether Defendants disagree with any of Vertical's infringement
contentions and identify all facts presently known by Defendants which
support such disagreement;

e.

Identify all persons having knowledge of the subject matter of Defendants'
response to this interrogatory, and locate and identify all documents
pertaining to the subject matter of Defendants' response to this
interrogatory.

INTERROGATORY NO. 2
Identify by Product name and model number any Product manufactured or sold
by LG containing a Linux or otherwise Unix-derived operating system including the
location(s) where the Product was designed, developed and/or tested. For each such
Product, specify whether the Linux or otherwise Unix-derived operating system was
modified by LG. If so modified, identify the name of the modification, the reason for the
modification, where the modification was made, and identify the person(s) who made
the modification.

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INTERROGATORY NO. 3
Identify by Product name and model number any Product manufactured or sold
by LG containing an Android Kernel or Android Operating System including the
location(s) where the Product was designed, developed and/or tested. For each such
Product, specify whether the Android Kernel or Android Operating System was modified
by LG.

If so modified, identify the name of the modification, the reason for the

modification, where the modification was made, and identify the person(s) who made
the modification.
INTERROGATORY NO. 4
Identify by Product name and model number any Product manufactured or sold
by LG containing an Application (App) developed using the Android Software
Development Kit (Android SDK) or any other Android development software. For each
application named, identify the name of the application and the purpose of the
application. For each such application, identify the location(s) where the application
was designed, developed and/or tested.

For any such application not designed or

developed by LG, specify if the application was modified by LG. If the application was
modified by LG, specify where the application was modified, the reason for the
modification, and identify the person(s) who made the modification.
INTERROGATORY NO. 5
Identify by Product name and model number any Product manufactured or sold
by LG containing any program or software developed or supplied by Google, Inc. For
each such program, application (App) or other software give the name and purpose of
the program, application or other software. For each such program, application or other
software, identify the location where such program, application or other software was
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loaded into the Product and the location where program, application or other software
was tested. For each such program, application or other software, specify whether the
program, application or other software was modified by LG. If so modified, identify the
name of the modification, the reason for the modification, where the modification was
made, and identify the person(s) who made the modification and tested the
modification.
INTERROGATORY NO. 6
Identify each person involved in designing, developing, or testing any Product
named in interrogatories 2-5. List by Product name and model number, person's name,
location and person's job function.
INTERROGATORY NO. 7
For each Product name and model number named in Interrogatories 2-5 provide
a list of standard Applications (Apps) contained in the Product when the Product is
placed into commerce in the United States. For each such standard application, list the
name of the application, the purpose of the application, where the application was
loaded into the Product, where application was tested, and identify the person(s) who
loaded the application and the person(s) who tested the application.
INTERROGATORY NO. 8
List all development and testing tools, software and hardware, used to design,
develop or test any Product named in Interrogatories 2-5 and 7. For each such tool, list
the name of the tool, where the tool is used and what the tool is used for.
INTERROGATORY NO. 9
Identify by Product name and model number any Product manufactured or sold
by LG containing any program, application (App) or other software loaded by any entity
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under direct or indirect control of LG. List by Product name and model number, full
legal name and address of the entity, program, application or software name or
identification, purpose of the program, application or other software, where it was
loaded, where it was tested.

Identify any individual known to LG performing such

loading or testing.
INTERROGATORY NO. 10
With respect to the patents-in-suit and its subject matter, state:
a.

The dates upon which, and the circumstances under which, Defendants
first became aware of the patents-in-suit, and the person or persons who
became aware of it;

b.

Whether Defendants received legal advice that it does not infringe the
patents-in-suit, or that the patents-in-suit is invalid or unenforceable or that
Defendants are licensed or has an option to license the patents-in-suit
and, if so, identify the date upon which, and the circumstances under
which Defendants obtained such legal advice, or caused any studies
relating to such advice to be made, and state the contents and substance
of any oral or written opinion of legal counsel, with respect to:
i. the infringement or non-infringement of the patents-in-suit;
ii. the validity, invalidity, enforceability or unenforceability of the
patents-in-suit; and
iii. the licensing of the patents-in-suit or the option to license the
patents-in-suit.

c.

Identify all persons having knowledge of the subject matter of Defendants'
response to this interrogatory, and locate and identify all documents
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pertaining to the subject matter of Defendants' response to this
interrogatory.
INTERROGATORY NO. 11
Identify each person Defendants expect to call to testify as a witness at trial, or in
support of any motion for summary judgment, excluding expert witnesses, specifically
stating the subject matter of the testimony expected to be provided.
INTERROGATORY NO. 12
State the contentions of Defendants on the issue of the amount of damages for
infringement of the patents-in-suit in the event the patents-in-suit are held valid and
infringed, including the amount of such damage and the method of calculation; and
identify all persons having knowledge of the subject matter of Defendants' response to
this interrogatory, and locate and identify all documents pertaining to the subject matter
of Defendant's response to this interrogatory.
Respectfully submitted,
/s/ Vasilios D. Dossas
Vasilios D. Dossas ([e-mail])
Illinois State Bar No. 6182616
NIRO, HALLER & NIRO
181 West Madison Street, Suite 4600
Chicago, Illinois 60602
Telephone: [phone]
Fax: [phone]
William E. Davis, III
Texas State Bar No. 24047416
THE DAVIS FIRM, PC
111 West Tyler Street
Longview, Texas 75601
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff, Vertical
Computer Systems, Inc.

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CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the foregoing
PLAINTIFF’S FIRST SET OF
INTERROGATORIES TO DEFENDANTS LG ELECTRONICS
MOBILECOMM U.S.A., INC. AND LG ELECTRONICS INC.
was served on the following via email on March 1, 2012.
David Healey
Fish & Richardson, P.C.
One Houston Center
1221 McKinney, Suite 2800
Houston, TX 77010
[e-mail]
[phone]
Fax: [phone]
Kevin Su
Fish & Richardson P.C.
One Marina Park Drive
Boston, MA 02210
[e-mail]
[phone]
Fax: [phone]

Timothy DeMasi
[e-mail]
Julian Moore
[e-mail]
Weil Gotschall & Manges LLP
767 Fifth Avenue
New York, NY 10153
[phone]
Fax: [phone]
Counsel for Samsung Defendants

Counsel for LG Defendants

/s/ Vasilios D. Dossas
Vasilios D. Dossas