Free Notice to Take Deposition - District Court of Delaware - Delaware

Case 1:05-cv-00016-JJF

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ATTACHMENT A

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ATTACHMENT A 1. The facts stated in answer to Interrogatory No. 1 through and including

Interrogatory No. 4 of InterDigital's Answers and Objections to Plaintiffs' First Set of Interrogatories. 2. The reasons why the defendants believe that the patents listed on page 6 of

their Answers to Plaintiffs' First Set of Interrogatories are essential or potentially essential to a 3G standard, and the specific standard or portions thereof (if any) to which the patent is essential or potentially essential.1 3. The process by which InterDigital determined that any InterDigital patent

is essential or potentially essential to a 3G standard.2 4. The names, current location, and current employment of all persons

involved in making intellectual property declarations on behalf of InterDigital to any standards body.3

1

"Essential or potentially essential to a 3G standard" in this attachment has the same meaning as defendants gave the phrase in their answer to the plaintiffs' Interrogatory No. 1. "The process" in this attachment includes how each patent was selected, the reason each patent was selected, whether a particular portion of the standard was identified as being relevant to the patent (and if so what part of the standard), whether it was believed that any standard could not be practiced without infringing the patent (and if so, what part of the standard), whether it was believed the patent was either necessary the nature of any analysis of the patent or the standard, and the identities of the persons involved in the analysis. In this attachment, "making intellectual property ... declarations to any standards body" includes the process of deciding whether to identify any intellectual property, such any specific patent, to bodies that set, promulgate or publish telecommunications standards, such as ETSI (including patents declared on Annex 2 to the form attached exemplar attached as Attachment C); and "InterDigital" includes both defendants and any affiliate of either defendant.

2

3

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5.

The process by which InterDigital decided to declare the patents shown on

Attachment B to the European Telecommunications Standards Institute (ETSI). 6. The process by which InterDigital listed any patents a copy of Annex 2 to

an "IPR INFORMATION STATEMENT AND LICENSING DECLARATION FORMS" (an exemplar of which is attached as Attachment C). 7. The identity of any non-US patent owned by InterDigital that is essential

or potentially essential to a 3G standard, and the standard or portion thereof to which it is essential or potentially essential.

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ATTACHMENT B

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ATTACHMENT C

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