Attachment A to Stzbpoena to Aftinion Net Patents, Inc.
DEFINITIONS AND ENSTRUCTIONS
The following definitions are applicable to terms used in this Request;
A. "'I`he 'S7O patent" shalt mean U.S. Patent No. 5,774,870 entitled “Fully Integrated,
On—Line Interactive Frequency and Award Redemption Program."
B. "The *412 patent" shall mean U.S. Patent No, 6,009,4lZ entitted "Fully Integrated,
Online Interactive Frequency and Award Redemption Prograrn?
C. ‘*The ’{l12 patent" shall mean U.S. Patent No. 6,578,612 entitled "Ful1y Integrated,
On—Line Interactive Frequency and Award Redemption Program"
D. “Affinion Net Patents, lnc." means the Company and any predecessor or
successor.
E. The term "person" refers to natural persons, organizations, firms, corporations,
and other legal entities, and the acts "ot" a person are defined to include the acts of directors,
officers, owners, members, employees, agents, or attorneys acting un the petsoifs beliall`.
F. The term "doeument" has the meaning prescribed in Rule 34, Fed. R. Civ. l)., and
includes the original and cvcry non-identical copy or reproduction in the possession, custody, or
controi of plaintiff or known to plaintiff even though not actually in the possession of plaintiff.
The term "document" includes computer flies stored in electronic form, including without
limitation e—mail, as wel} as other data compilations.
G. The terms "and" and "or" shall be constnted conjanctively and disjunctively so as
to have the broadest possible meaning.
H. Where appropriate, the singular form of a word shall be interpreted in the plural,
and vice versa, to have the broadest possible meaning.
I. "Patents" shall mean the '870, '4l2 and 'OI2 patents.
Case 1:04-cv-00360-JJF Document 77-2 Filed O1/24/2006 Page 2 of 2
PRODUCTEON REQUESTS
1. A21 documents that reter, relate to, or evidence Affinion Net Patents, lncfs
appraisal or valuation ofthe ’S70, '4l2 and ‘0i2 Patents made prior to October 17, 2005.
2. Such documents as evidence or disclose all consideration paid or given by
Aftinion Net Patents, Inc. to obtain ownership ofthe '87€), @12, and *012 Patents.
3. All documents that refer, relate to or evidence the current, estimated, forecasted or
projected value of the '87`G, @12, and 'G12 Patents or any license granted for such Patents.
4. Such documents as evidence or disclose (a) revenue received by Aftinion Net
Patents, Inc. from making, using or setting any product or service embodying the invention(s) of
the '870, '·
Patents and the terms of each such sale.
5. Such documents as evidence ur disclose the identity of the licensee, the royaity
rate, andthe terms of each license granted by Aftinion Net Patents, Inc. for the Patents.
6. Such documents as evidence or disclose, the royalty revenues received by
Aftinion Net Patents, inc. trom each licensee of the Patents.
7. In connection with Affinion Not Patents, [n.c.'s acquisition of the Patents, all
documents that refer, relate to, or evidence (21) the value of the Patents before or after
assignment; (b) transfer pricing of the Patents; (c) depreciation and amortization of the Patents
by Affinion Net Patents, Inc.; {cl) the depreciation in dollars attributable to the Patents and
recorded on the books of Afilnion Net Patents, Inc. for the period of its ownership of the Patents;
(d) the amortization schedule used to calculate the depreciation in subparagraph (c), above; te)
the depreciation amounts attributable to the Patents reported by Aftinion Net Patents, Inc. on its
corporate income tax return(s) for the period of its ownership of the Patents, and, if Aftinion Net
Patents, Inc. tiles its returns on a consolidated basis, the depreciation amounts attributable to the
Patents reported for inclusion in the consolidated return.
Case 1:04-cv-00360-JJF
Document 77-2
Filed 01/24/2006
Page 1 of 2
Case 1:04-cv-00360-JJF
Document 77-2
Filed 01/24/2006
Page 2 of 2
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