UNITED STATES DISTRICT COURT
• DISTRICT OF DELAWARE
TRILEGIANT LOYALTY )
SO?} ETIONS, WC. ) _
Plaintiff] )
. ) Civil Action No. 04-369-JJF
xr. )
)
)
MARITZ, {NC., )
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Befcndant. ) _
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"1`RILEGIANT LOYALTY SOLUTIONS, lNC.’S OBJECTIONS AND RESPONSES TO
MARITZ, INCJS FIRST R`E,QUES’1` FOR PRODUCTION
Under Rule 34 of the Federal Rules of Civil Procedure, Plaintiff Trilegi-ant Loyalty
Solutions, inc. {""l`rile_1;_»_;iant") submits the following objections and responses to Maritz, lncfs
("l\/1arit2’s"}i·*irst Request for Production ("Document Requests").
S GENERAL OBJECTIONS
Unless otherwise stated, these general objections apply to each and every Document
Request as though fully set forth therein:
E. Each of the following responses is made only for purposes of this action. Each
response is subject to all objections as to relevance, materiaiity, and admissibility, and to any and
all objections on any ground that would require exclusion of any response if it were introduced in
court. All objections and grounds are expressly reserved. i
2. A statement by Trilegiant that it will produce documents responsive to a particular
Document Request means that Trilegiant will produce nonprivileged, non-objectionable
documents, if any, within its possession, custody, or control that it has been able to locate after a
reasonable search. For puxpeses ofthis response, at ‘“reas
3. A siatmtmt that T riiegé ant wil} produce documents shall not bc deemed an
indication 01* admission that such documents actually exist, or that they are in Tri1egiant’s
possession, custody, 01* control. Moreover, the pmducticm 0f documents by Triiegiant shall not
be deemed an admission that the documents produced are necessaatiiy responsive to any of the
Document Requests.
4. Txiiegiant ebgects te the Document Requests, including the Deihaitiaxzs and
Instructions amé each individual Document Request set fort?] therein, to ihc extent that they seek
the disclosure of information covered by thc attomcy-client privilege, the attorney wcrhprcduct
doctrine auditor any othez applicabie law, privilege, pmtecticn, immunity, OT doctrine. Nothing
herein is intended as, or shall in any way be deemed to `be, at waiver of any such law, privilege,
protection, immunity ur duut1é11<·:. Tu the wttcut that su;Jp1y.ing, the i1:fv1111utiu11 requested wculd
resuit in waiving any privilege or objection, Triiegiant objects to providing such infmmation and
will not do s0. T0 the exterti Ttélegiant provides amy information faliing within the
att0mey—ctient privilege, the attorney work product doctrine, and/cr any othez privilege or
prozectécm inedvertentiy, Trilegiant does not waive the applicable privilege/objection.
5. "1`rilegiant 0b§ ects t0 the Document Requests, including the Deiénitians and l
Instructions and each individual Document Request set forth therein, to the extent that they
purport to impose obligations beyond those imposed by the Federal Rules of Civil Procedure, the
Local. Rules of the District ufbelaware, and the C0urt’s Rule 16 Scheduling Order.
6, Trilegiant also objects to the Document Requests to the extent that they call for
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the pmducticm of documents which relate to matters mnt raised by the pleadings, to the exten':
• they are not nmtezia} and ncccsszuy tu the prosecution and defense 0f this action, and t0 the extent
they are not reasonably calculated 10 lead to the éisccvery 0f admissible evidence.
'P. Trilcgizmi objects to the Document Requests, imciuding the Definitions amd
Instructions amd each individual Document Request sci forth therein, to thc extant that they mall
for the disclosure of c0niidc11'a;ial, proprietary, 0: trade secret information of Trilcgiant or thin}
parties thai are moi wholly and entirely protected {mm éisclcsure by the Protective Order cntcrczd
in this action. n n
8. Triicgiant objects to the Documcnz Requests, including thc Definitions and
Instmctians and each individual Document Request set fcrih therein, to the extent that they
pmpcrt tc rcquirc Trilcgizmt tc: undertake cm unduly burdensome and oppressive search Ufits
documents and files.
9. Trilcgiant objects $.0 thc Document Requests, including; thc De:fi.niti0·ns and
Instmctions and each individual Duuumum Rcqucsz sm form Lharcin, 20 the extent that they
pmfpxm 10 require Txilcgizmt tc. produce documents that are not in the possession, custody OI
control 0f'I`ri}cgiant or that are publicly available.
EO. Triicgiant objects to the Document Requests, including thc Dcinizicms and
Instructions and each individual Document Request set {mh therein, on the ground that they are
overly broad, vague, and unduly burdensome insomuch as ihcy seek documents I`iDt spccificzmy
pertaining to this action and sack "all" documents and ihings.
11. 'i"1·i1cgizmt objects to the Document Requests, including the Dciinitioms and
Instruciicns and each individual Document Request scat {mib herein, t0 the caxirznt they seek
• documents crcaicd or obtained by Triiegiam prior tc Trilczgianfs acquisition of the patents in suit
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on December 'Y, 2001.
• il. Trilegiant asserts its General Gbjections with respect to each and every Document
Request, Triiegiant reserves the right to supplement, amend, correct, or ciarify its responses and
objections to these requests, and to assert general and speciiic objections arising from matters
discovered during the course of the iitigation.
RESPONSES TO INDIVIDUAL DOCUMENT REQUESTS
Reguest for Production No. 1
All documents and things requested to he identified in response to Defendants
interrogatories to }’laint§.i`£
Response...to..lks
Tritegiant herein incorporates by reference the general objections, specétic objections, and
responses set forth in Trilegiant Loyalty Sointion, Incfs Objections and Responses to Maritz,
Inc. ’s First interrogatories and will province nom-privileged documents in accordance therewith,
to the extent such documents exist and can be located through a reasonable search orâ€Trilegiant’s
nies.
Request for Production N0. 2
All documents and things referred to or reviewed in the process of preparing responses to
Defendants Interrogutories to Plaintiff;
Response to Request for Production No. 2
'irilegiant objects to this request to the extent that it seeks the disclosure of information
covered by the attorneycttent privilege, the attorney work-product doctrine arid!or any other
applicable law, privilege, protection, immunity, or doctrine. Trilegiant further objects to this
request to the extent that it cails for the production of documents that are neither relevant to the
prosecution and deiense of this action, nor reasonably calculated to lead to the discovery of
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admissible evidence.
• Without waiving any of those objections, all of which Trilegiant hereby reserves,
Trilegiant will produce nonqirivileged documents responsive to this request.
Request for Production No. 3
All documents and things that refer or relate to defendant.
Rosgonse to Reguest for Production No. 3
Trilcgiant objects to this request to the extent that it seeks the disclosure of infomation
covered by the attorney-client privilege, the attorney work-product rloctrine andJor any other
applicable law, privilege, protection, immunity, or doctrine. Triiegiant further objects to this
request to the extent that it calis for the production of documents that are neither relevant to the
prosecution and defense ofthis action, nor reasonably calculated to lead to the discovery of
admissible evidence. Trilegiant further objects to this request on the ground that it is overly
broad, vague, and unduly burdensome insornuch as it seeks documents not specifically pertaining
to this action, thc patents in suit or the accused products, and socks "all doounients and things
that refer or relate to ciefendant" and fails to set forth, either by individual item or by category,
the documents and things requested or to describe them with reasonable particularity.
Without waiving any of those objections, all of which Trilegiant hereby reserves,
Triiegiant will produce norvprivileged documents that concern or relate to defendants operation
of systems or provision of services that infringe the patents in suit, tothe extent such documents
exist and can be located through a reasonable search of Trilegianfs iles.
Reguest for Production No. 4
All documents and things that refer or relate to one or more ofthe Patents at issue.
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Response in Request for Production N0. 4
· Trilcgiami objects to this request to the extent that it sacks the déscicsurc of infomation
covered by the attorney-clicn.tp1ivilcgc, the attcmcy work-product dmctdnc and/0: any other
applicable law, privilege, protection, immunity, mr doctrine. Triiagiant further objects t0 this
request rm the ground ihat it is overly bread, vague, and unduly lmrdemsnma énmmmzh as it seeks
"aH documents and thimgs" that relate to thc patents in suit.
Without waiving any of those cbjcciicns, ali 0f which Trilcgiant hereby reserves,
Trilegiam wil} produce n0n—p1·ivi}eged responsive documents iocsated after 21 reasonable search of
Trilcgizmi°s fiias.
Regucst for Production N0. 5
All dcuzumcms and things that rczfcr or ycziatc tcm amy accusmzd prcgraum, asysiuua ur method.
Response in Reguast for Production N0. 5
Trilcgiam objects to this request 10 thc extent that it seeks the disclosure 0f infomation
covered by the e1:mmcy·cEie:m priviicgc, {hc atmmcy w0z·k~p:0é11c1 doctrine and/or any other
applicable law, privilege, protection, immunity, 0; doctrine. Trilagiant further objccis in Qhis
request on the ground that it is overly broad, vague, and mzduiy burdensome imsomuch as it seeks
documents not specifically pertaining to dc-:1‘imd:mt’s programs and seeks "aI1 documents and
things} and docs noi state for whose accused programs thc requested documents are sought.
Without waiving any of t.§10s<2: objections, all of which Tyilcgimnt hereby reserves,
Triicgiam will produce nczvpriviisgcd documents that concern or rdate $0 Maritf operation cnf
systems OT provision mf services that infringe the patents in suit, to the extent such dOCU.!I1€1‘1¥S
mist and can bc located thrcmgh a reasonable search of Triicgizmfs fiics.
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Request for Production No. 6
• All documents and things that refer or relate to defendant and any of its programs,
systems, or methods that plaintiff asserts infringes one or more ofthe Patents at Issue.
Response _to_Keguest for Production N 0. 6
Trilegiant objects to this request to the extent that it seeks the disclosure of information
covered bythe attorney—client privilege, the attorney worloproduct doctrine and/or any other
applicable law, privilege, protection, irnrnnnity, or doctrine. Trilegiant further obj ects to this
request to the extent that it calls for the production of documents that are neither relevant to the
prosecution and defense of this action, nor reasonably caicnlateé to lead to the discovery of
admissible evidence. Trilegiant further objects to this request on the ground that it is overly
broad, vague, and unduly `ourdensome insornuch as it seeks documents not speciticalty pertaining
to defendanfs programs and seeks "aIl ctocurnents and things? Trilegiant further objects to this
request to the extent that it is repetitive of Request Noor 3 and 5.
Without waiving any of those objections, ali of which 'frilegiant hereby reserves,
Trilegiant wil} produce nomprivileged documents that concern or relate to defendants operation
of systems or provision of services that infringe the patents in suit located after a reasonaoie
search of Trilegianfs files.
Reguest for Production No. 7 l
All documents and things that refer or reiate to any charges of infringement or litigation
made by plaintiff and concerning one or more ofthe Fatents at Issue.
Response to Reguest for Production No. 7
'frilegiant objects to this request to the extent that it seeks the disclosure of infomation
covered by the attorney-client privilege, the attorney worloprodnct doctrine and/'or any other
applicable law, privilege, protection, irnnninity, or doctrine. Trilegiant further objects to this
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request to the extent that it cells for the production of documents that are neither relevent to the
• prosecution and defense of this action, nor reasonably calculated to lead to the discovery of
admissible evidence. Trilegient futther objects io this request on the ground that it is overly
broad, vague, and unduly burdensome insomuclri as it seeks documents not speeitieetly pertaining
to this action and seeks “all documents and things?
Without waiving any of those objections, all of which Trilegient hereby resewes,
Trilegiant will produce complaints from other lawsuits brought by Netoentives relating to the
patents in suit amd other documents reflecting charges cfinfringement made by Trilegient
concerning the patents in suit loced aher a reasonable search of Tzrilegienfs files.
Request for Production No. S
All minutes or notes of any meetings of may ofpleintiffs ofiioors, directors, managers, or
employees that refer or selate to one or more of the Patents at Issue.
Response to Request for Production N0. S
Trilegizmt objects to this request to the extent that it calls for the production of documents
that are neither relevent to the pzosecetion and defense of this action, nor reasonably calculated to
lead to the discovery of admissible evidence. Trilegian; further obj eets to this request on the
ground that it is overly Earned, vague, and unduly burdensome énsomuclta as it seeks "a1l minutes
or n0tes" of any meetings of any Triiegiamt employees that refer to the patents in suit.
Without waiving any of those objections, ell of which Titilegient heyeby reserves,
Trilegient will produce nompiivileged documents that are responsive to this request, to the extent
such documents exist and can be located tlnough a reasonable Search of Tz·ilegiamt’s tiles.
Request for Production N0. 9
All minutes or notes of any meeting of any of plaintiffs officers, directors. managers, oe
employees that refer or relate to defendant or to pyogrems, methods, or systems allegedly used by
• defendant that plaintiff asserts eee coveeed by one or more of the ?etents at Issue.
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Resgonse to Request for Production N0. 9
• Triiegiant objects to this request to the extent that it calls for the production of documents
that are nei.t§1er relevant to the prosecution and defense of this action, nor reasonably calculated to
lead to the discovery of admissible evidence. 'frilegiant further objects to this request on the
ground that it is overly broad, vague, and unduly burdensome insornoch as it seeks documents
not specifically pertaining to this action and seeks "all minutes or notes,.. that refer or relate to
defenclant" without setting Forth, either by individual item or by category, the documents and
things requested or to describe them with reasonable pm·ricular_i1‘y, 'Trilegiant further objects to l
this request to the extent that it is repetitive of Request Nos. 3, 5, and 6.
Without waiving any of those objections, all ot` which Trilegiant hereby reserves,
Triicgiant will produce noneprivileged documents responsive to this request that concern or relate
to defendanfs operation of systems or provision of services that infringe the patents in suit, to the
extent such documents exist and can be located through ta reasonable search of 'I`rilegiant’s tiles.
{Request for Production No. lt}
All documents which refer or relate to any design tiles, ilowcherts, drawings, engineering
tiles, invention notebooks, engineering notebooks, teelanical records, prototypes, specifications,
date sheets, or manuals concerning the Patents at issue or any program, method, or system
allegedly covered by one or more ofthe Patents at Issue.
Response to Request for Production N0. I0 l
Trilegiant ob; ects to this request to the extent that it calls tor the production of documents
that are neither retevant to the prosecution and defense of this action, no; reasonably calculated to
lead to the discovery of edmissiblc evidence. Trilegiant further objects to this request on the
ground that it is overly broad, vague, and unduly burdensome insomuch as it seeks documents
not specifically pertaining to this action and seeks "all documents which refer or relate to any
• design files, ilowcharts, drawings, engineering files, invention notebooks, engineering
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notebooks, technical records, prototypes, spccéiications, data shoots, or manuals conccrming
• any program, method, or system ailcgcdty covcrcd by one or more of the Patents at Issuo."
Without waivi11g any of those objcctiorzs, ali of which Triiogizmt hereby rcscrvcs,
Triicgiant will produco any norpprivilogcd design iilcs, fiowcharts, drawings, onginccring files,
invention norabmnkg engineering notebooks, tachnicai records, prototypes? saprzcifktaiimns, data
shoots, or monuais for thc inventions described in thc-: patcnts in suit, to the axiom such
documents exist and can bc located through 21 reasonable search of '§`ri]cgi2mt“s Bios.
Rcgucst for Production No. 11
Ai] documcms which rofor or rotate: to any agroomcnts or contracts which plaintiff has
oniorod to implomont any aspect of` any program, mcthod, or system allogcdly covorod by cnc or
more of the Patents ai Issue,
_}:__Q._2s;[}UE`l5€ tu Rvzgucst for P1 oduction §_13J_1_L
Trilcgizmt objects to this request to tho cxtom that it calls for thc production ofdocumcnts
that are neither rolcvam to the prosecution amd defense of this action, mor rcasomably calculated to
load to tho discovery of admissibkz cvidcncc. Tritcgiant further obj ccts to this rcqucsi on thc:
ground that it is overly broad, vague, and unduly burdcnsomo with regard to thc phrase "any
aspcct" and irrsomuch as it socks documents not spocitEc21]_1y*pc1'taiois1g to this action and seeks
"aH documents? Triicgiant objects io this request to tho extent that it coil for tho disclosure of
comidcmial, proprietary, or trade secret information of third parties that orc not wholly and
cmtiroty protected from disclosure by the Protoctivo Order ontorcd in this action.
Without waiving any of those objections, ali of which Trilcgiam hereby rcscrvos,
Trilogiont will producc contracts and ogrocmcnrs regarding products that are covcrcd by ono or l
more of the patents in suit and do not disclose confidential, proprietary, or trade secret
information of third parties that me not wholly and entirely protected from disciosuro by thc
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Protective Order ccmcrcci in this action, ta me cxxtcm such documents exist gud can bc iocated
• through a reasonable Search af Trile:giz11t’s files.
Rcguest for Production N0. 12
All documrmis amd ihings which rcfcr 0r relate to the development, purchase,
adv=zrtis·:mcnt, Sak: or i11*1p1cmcmati0n 0f any pmgmm, mcihmd 0: system alicgcdly covered by
0m: OT more of the Patents at Issue, including any product iitcraturc or tzzcimicai litcmturc-:.
Rcsgcnsc to Request for Production N0. 12
Trilegiant 0bj cats tc this request t0 aha: extent that it calls for the production of documents
That nm nraifhar mhivani tn ibn prnsczmniinn amd defense 0f£h§$ action., mm reasonably calcuhted I0
icad t0 the discovmy 0i` admissible evidence. Triicgiam fuxthcr obj acts t0 this request an The
ground that it is overly bread, and amduiy burdensome with regard to the tem ‘“dcvcl0pmcm"
and insomuch as it seeks *%.1}} documents cmd thing? and dances 1101 state for whose programs the
requested documents are sought. Trilcgimxt further objccts to this requests io the cxtcm it seeks
documents created Of obtaéncd by Trilcgiant prior tc 'I`rilcgiam’s acquisition of the patents in suit
on Dcccmbcr 7, 2GO1.
Without waiving any cf those objections, all of which Trilcgiani hereby reserves,
Trilagiam; wiki produce nonqariviicgcd documents relating 10 thc purchase, advcaéising, sale, and
impkzmcmatiun of TriEcgia11t’s products that are covezrcd by one or more of the patents in suit,
from thc time subsequcm t0 "}`rihz·gi&;nt’s acquisition uf the patents in suit on December 7, 2001,
tc the extent such documents exist amd can be located ihmugh a reasonable Search cf Trilcgiarxfs
iiics.
Request for Production N0. I3 .
All documents and things which refer cr relate to any sales, rczvcmacs, income, interest,
expenses, costs (including direct, indirect, fixed and variable: costs) 0: profitability (by month,
quarter or year) since: the inception of each program, method, or system allegedly covered by one
• 0r more ofthc-: Patents at issue, including without iimitaiicn ai} tax records, schedules, work
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papers and accounting papers that refer or relate to same.
• Response to Rcguest for Production No. 13
Tritegiant objects to this request to the extent that it calls for the production of documents
that are neither relevant to the prosecution and defense of this action, not reasonably calcuiated to
lead to the discovery of admissible evidence Trilagiant further objects to this request on the
ground that it is overly broad, vague, and unduly burdensome with regard to the terms “tax
records, schedules, work papers, and accounting papers? and insomuch as it seeks "all documents
and things" and “sincc the inception of each program? and docs not state for whose programs the
requested documents are sought. Trilegianl further objects to this requests to the extent it seeks
documents created or obtained by Trilegiaut prior to Trilegiantfs acquisition of the patents in suit
on December 7, 2001.
Without waiving any ofihose objections, all ot` which Trilegiant hereby reserves,
Trilegiant will produce noruprivilcged documents reflecting sales, revenues, income, and
prontatnlity ot“l`rilegiant’s products that are covered by one or more of the patents in suit, trorn
the time subsequent to ’l"rilegiant’s acquisition ofthe patents in suit on December ?, 2001 , tothe
extent such documents exist and can be located through a reasonable search of '£`rilegiant’s tiles.
Request for Production No. 14
Any tinancial documents horn i995 to present which concern or report on any aspect of
the Patents at Issue or of a program, method or system covered by one or more of the Patents at
Issue.
Response to Request for Production No. 14
Trilegiant objects to this request on the ground that it is overly broad, vague, and unduly
burdensome with regard to the phrase "any aspect" and insornuch as it seeks ‘“any financial
document" and “any financial documents from i995 to present which concem or report on any
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aspect of 21 program, method or system covered by enc or more 0f the Ehtcnts at issue" and
• docs not smh: for whose: programs the requested dccxumcnts are sought Triiegiant further <>b i<~:c$s
to this rcqucsi m thc extent it sacks documents created or obtained by Trilcgiant prior to
Trikrgianfs 21cq_uisiti011 of the patents in suit D1'1 December 7, ZGOI,
â€\Vith0s.1t waiving may of fhmsa nhjantimns, 213] nfwhich Trilcgiant hereby rasmrvas,
Tri.1cgi·s.m will pmducc mom-privileged rcspamsiyc documents conccming the Patents at issue and,
from the time subsequent tm Triicgiazfs acquisition ofthe patents in suit O1} December 7, 2001
n0n—pz~ivi}cgcd responsive documcnts concerning programs, methods or systems: ¢OVGI’Od by cmc
OT mom of the Patents an Issue, to the extent such documents exisi and can be kcacatcd through 21
rcasmmabic search of "frilcgiantw filcs.
Request for Pr0d‘uc £i1>u Nu. 15
Ai} documents which refer 0r rckntc tc any of piaintiffs product iinc {sports, general
lczgcrs, Enancial statements, notes I0 iinamciai stzwcmcnts, imzumrs sLz1L<:m<::ms, balzmcc sheets, 0;*
Enancial projections from 1995 to present.
Resgg onse to Rcgucst for Production N0. 15
Triicgiaui objects 10 this xrezqucst H0 the extent that it calls for the production uf documents
that are neither relevant to the prosecution and defense of this action, mr rcaasonabiy calculated to
lead to the discovery 0f admissible evidence. T&'ii€gi3i'1I fU‘F‘{h€1' objccts tc this request on the
ggmund that it is cvzariy broad, vague, and unduly burdensome imsamuch as it seeks documcnts
not specifically pertaining I0 this action and seeks "ai] documents which refer or relate to any†0f
the spccificaliy enumerated documents. Trilcgiam fusthex objects to this requests E0 the extent ii
seeks documents created or obtained by Trilcgiant prior to Trélcgianfs acquisition of the patents
in suit an December 7, 2001.
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Request for Production N0. I6
• All documents and things which rcfcr cr rclzric tc any audit cr fénancial review cf plaintiff
at any {imc from 1995 to thc present, including without Eirnilaticn all audited financials cf any
kind, all rcpcrts rc management, all work papers and all schedules.
Response to Request for Production N0. }6
Trilcgizmt objects ic ihis rcqucst rc the cxtcnt thai it calls for thc production of documents
that arc ncirhcr relevant tc thc prosecution and dcfcnsc of this action, nor reasonably calculated tc
Ecad rc {hc discovery cf admissible evidence. Triicgiam further objects to this request on thc
ground that it is overly broad, vague, and urrduiy burdensome insmzmrch as it seeks documents
not specifically pertaining to this acticn and seeks ‘.11 documents which rcfcr cr rciatc tc a11y" cf
thc spccificaléy crmmcratcd dccumcms. Triicgiant Eurihcr objects tc this requests to thc cxtcnt it
sacks éocumcnts crczatcd or obtained by Triicgiamt prior to Trélcgianfs acquisition of thc patents
in suit rm Dcccmbcr 7, ZOGE.
Request for Production N0. 17
All mx zctums i`i}cd Un `iychulf ufpiaiutiff from January 1, 1995 Eu lhs: prcschl.
Response to Rcgmzst for Production N0. 17
Trilcgiam cbjccts E0 this request 011 {hc basis that it is cvcrly broad and calis for thc
production cf documents that arc neither rclcwmt EO mc prosecution and defense of this action,
and that are not reasonably calculated t0 lead E0 the discovery of admissibic cvidcnce:. Trilcgizmt
further objects to this requests tm the cxrcm it sacks documents prim tc 'I`riicgiar1t’s acquisition cf
thc patents in suit 011 December 7, 2001.
Rcgucst for Production N0. 18
A sample 0f cach different advertisement, catalog, tcmrs and conditions shcct, technical
brcchure, specification, cr iicm cfprcmciicnai iizcramrc for any program, method cr system
alkzgcdiy ccvcrcd by {mc cr mcrc of the Patents at Issue.
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Resgonse to Request for Production No. 18
• Trilegiant further objects to this request to the extent that it calls for the production of
documents that are neither relevant to the prosecution and defense of this action, nor reasonably
calculated to lead to the discovery of admissible evidence. Trilegiant further objects to this
request on the ground that it is overly broad, vague, and nnrlnly burdensome insomuch as it seeks
documents not specifically pertaining to this action and seeks "a sample of each" of the
speciticaily enumerated documents and does not state for whose programs the requested
C.lUC»E.1l\`1`.t<$Hl§5 Ziff} SOlJ£gh`£.
Without waiving any of those objections, all of which Trilegiant hereby reserves,
Trilegiant will produce non-privileged documents concerning Trilegiant products covered by one
or more of the patents in suit, that are responsive to this request to the extent such documents
exist and can be located through a reasonable search of Trilegianfs tiles.
Reguest for Production N0. 19
A list ot your customers for each program, method or system covered by one or more of
the Patents at Issue from the time when such program, method or system first began until the
present, and a copy of each contract or agreement with a customer for a program, method, or
system allegedly covered by one or more of the Patents at Issue.
Response to Request for Production No. 19
Trilegiant objects to this request to the extent that it calls for the production of documents
that are neither relevant to the prosecution and defense of this action, nor reasonably calculated to
lead to the discovery of admissible eyiince. Trilegiant further objects to the request to the
extent that it purports to require Trilegiant to compile a iist of customers. Trilegiant further
objects to this requests to the extent it seeks documents created or obtained by Trilegiant prior to
'l`z·ilegin¤t’s acquisition ofthe patents in suit on December 7, 20(ll.
• Without waiving any of those objections, ali of which Trilegiant hereby reserves,
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Trilegizmt will produce a copy of each contract or agreement with za customer fo! 21 program,
• method er system covered by one ey more ofthe patents in suit.
Reguest for Production No. 20
All documents and things which refer or relate to any commtmieation or analysis
concerning the performance, advantages, disadvantages, problems, er features of any program,
method, or system allegedly covered by the Patents at Issue.
Resgouse to Reguest for Production No. 2t}
Taélegiamt objects to this request to the extent that it calls for the pmducticn of documents
that are neither relevant te the prosecution. and defense of this action, nor reasonably calculated to
lead to the discovery of admissible evidence. 'Trilegient further objects to this request en the
ground that it is overly bread, vague, and unduly burdensome insomuch as it seeks documents
not spe<;il`iL;21lly pertaining $0 this action and seeks ‘°e]E documents and things which rcfcz or relate
to†specifically enumenzted documents and does net state for whose programs the requested
documents are sought. ·
Without waiving any of these oejecticns, all Of‘Wl1lCl'l Trilegiam hereby reserves,
Trilegiamt will produce non-privileged responsive documents conceming Trilegiemt products that
are covered by one or more ofthe patents in suit, to the extent such documents exist zmé can be
located through at reasonable search ofT1*ilegizmt’s tiles.
Request for Production N0. 21
All decumems which refer or relate te any evaluation er feedback from any customer,
potential customer, or anyone else Concerning any ptcgram, method, GT system allegedly covered
by e· or more ofthe Patents at Issue.
Response to Regucst for Production No. 21 .
Triiegiam objects te this request on the basis that it is overly breaé, unduly burdensome,
and calls for the production of documents that are neither relevant to the prosecution and defense
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of this action, ner reasonably calcuiated to lead te the discovery of admissible evidence.
• Triiegiant further cbgeczs tc this request on the ground {hm it is overly bm-ad, vague, and unduiy
burdensome inscmuch as it seeks documents not specifically pertaining tc this actimz and seeks
"a]1 documents which refer cr relate tc a;¤y" ofthe specifically enumerated documents.
Without waiving any nfthmne nhjeciians, al¥ cfwhich Trilcgiant hereby reserves,
Trélegiani wiil produce non-priviieged responsive documents concerning Trilegizmt products that
are covered by one cr more cf the peicmis in suit, to the extent such documents exist and can be
leeeicd through ax rcuscnubie Search 0fTri1egiam’s files.
Rcguest for Production N0. 22
Representative documents which identify the n21mc,j0b liiie and eespcmsibiliiies, and last
knew address, cf each individual (whether an employee, outside ccnsuitzmi, cr otherwise) who
@G1‘1`O1‘m€d any WUI}; in UUIEIIBUUUEI with the pxepzuraiicu cf business plans, maxkc:'ai11g plexus,
strategies, tive year plans, cr the Eike involving any aspect of a program, method, cr system
allegedly covered by one or more of the Patents at issue.
Rcsgouse tc Request N0. 22
'} rilegi211’1t objects $01hiS requesi IO the exten: that it calls for me pmdueticn of documents
that are neither relevant to the prosecution and defense ef this action, nor reasonably calculated tc
lead to the discovery of ecinuissiblc evidence. Trilegizmt further objects E0 this rquest 011 the
ground that it is overly bread, vague, and unduly burdensome with regard t0 the phrases “2my
work in connection with,†**0: the iike," and "zmy aspe<:t" and does not state for whose programs
the requested documents are sought.
Without waiving amy of these objections, ai} of which Triiegiemt hereby reserves,
Trilegizmt will produce n0¤—privi]e_¤,ed documents that concern Trilegiaafs programs covered by
one cr more 0f the patents in suit and aye responsive te this request, te the extent such documents
exist and can be located through 21 reasonable search cf Tri1egizmt’s files.
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Reguest for i"rcduetion No. 2-3
• Reports, memos, notes, and correspondence relating to future performance projections
and/or proiitability of any program, method, or system ailegedly covered by the Patents at issue.
Response to Bequest for frtodnction No. 23
Trilegiant objects to this request to the extent that it calls for the production of documents
that are neither relevant to the prosecution and defense of this action, nor reasonably calculated to
lead to the discovery of admissible evidence, Trilegiant further objects to this request on the
ground that it is overly broad, vague, and unduly burdensome in that it does not state for whose
programs the requested documents are sought. `
Witlrottt waiving any of those objections, all of which Triiegiont hereby rcecwes,
Trilegiant will produce noreprivileged documents concerning Trilegiant products that are
covered by one or more of the patents in suit, that are responsive to this request, tothe extent
such documents exist arid mm be located tiuouglt a ieasoriable Search of Tl'liCgiE,lill.’5 files.
Request for Production No. 24
All inarketing studies related to programs, methods, or systems allegedly covered by one
or more ofthe Patents at Issue, including but not limited to any studies which reflect any market
share held by or projected to be hetd by any program, method, or system allegedly covered by
one or more of the Patents at issue.
Response to Reguest for Production No. 24
Trilegiant objects to this request to the extent that it calls for the production of documents
that are neither relevant to the prosecution and defense of this action, nor reasonabty calculated to
lead to the discovery of admissible evidence. Trilegiant further objects to this request on the
mound that it is overly broad, vague, and unduly burdensome insomuch as it seeks “all marketing
studies related to" speciticaliy enumerated subiects and does not state for whose programs the
requested documents are sought.
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Without waiving any of those objections, ali of which Trilcgiam hereby reserves,
. 'i`1·il<:giamtwiH proclucc non-privileged documents ccnczming Txiicgizmt pmgrams ccvcyed by
one or more of the paumts in suit, that are responsive to this request, 20 thc-: extant such
documents exist and can bc iccatcd through A reasonable search of TTi]€gi&1'l'[’S Bias.
`Rcgucst for Pg;gQgg§i;m Eg, Z5
All 0f piaintiff s competitor fikcs (whether or not denominated as such), including without
limitation those ¤2Ea¥i1agtn Mnrém, smd AH dOCl11’YlEET!YS comparing any program) method, or sysztam
zxlkcgczdly covcrad by the Patents at Issue to any other program including withmui limitation, any
such comparison to any program, method, or system cvcr offered by Mariiz.
Response tu Request for Production N0. 25
Triicgiant obj com to this request to the extant that it sacks the disclosure of information
covcrcd by thc att0mcy·~clicm privilege, the attcmcy wcrkpmduct doctrine andfcr any cthcr
applicable: law, privilege, protection, immunity, 0r doctrine:. Trilcgiam fufnhcr objects 1:0 this
rcquczsl tu Liu: ssxlcul that it calls fm; thc p1;0&u<3ti0u cf dccumcnts that arc mzitlacr 1‘©lcvzm.t to thc
prosecution and defense of this action, mor reasonably caiculaicd to lead to thc discovery of
admissi.b}c~: evidence. Triicgizmt further Dbjccts E0 this request am the ground that it is uvcrly
broad, vague, and unduly burdensome insomuch as it sacks "a11 cicscumcmsf and sacks
documents regarding competitors other than Maritz.
Without waiving any of those obj actions, all of which Trilcgiani hereby reserves,
Trilcgiant wil} produce 11cm·~·priviigcd responsive documents comparing Triicgjam programs that
are covered by cme: or more of the pzziczxats in sui; to Maurétz programs that are ccvcrcd by the
patents in suit, to the extent such documents exist ané can bc ioczziczd through a reasonable search
0f'1`1*iicgiz.nt’s iilcs.
Request for Production N0. 26
• All documents and things which refer my rciatc to the current popularity of any program,
19
method, 01* system aikcgcdly cavcmd by (mc: or more of thc Patents at Issue.
• Response to Request for Production N0. 26
Trilcgiant abjccts to this request to thc cxicnt that it calls for the production of documents
ihat arc neither relevant to the prosecution and dcfcnsc 0f this action, nor reasonably calculated to
lead to the discovery of admissible evidence. Trilcgiant further objects to this request nn the
ground that it is ovcrly broad, vague, and unduly burdensome: with regard to the phrase "<:um2nt
§)OpU]€l1‘iT§.·’†and insumuch as it sacks "a}l documents and things? and docs not state For whose
programs the mquezsted documents are seughs.
Without waiving any of those objections, all of which Trilcgizmt hereby reserves,
Trikzgiam will produce 110n.—privilcgcd documents concerning Trilsgiant programs that are
covered by one or more of she patents in suit and that arc responsive to this rcqucsa, tu ilu: cmumt
such documents exist and can be located through a xeascnable search 0fTri1czgiant’s fiies.
Rcguast for Production N0. 27
All documents and things which 1 ci`::; U1 zciuic: lu thc uiility and Hd`V&HI&gS£ Of any
program, method, or system ailcgcdly covered by cnc or more of the Patents at issue as compared
lu any other program, method, cr system that has bccn used, scid, 0: licensed by plaintiff.
Response to Request for Production Na. 27
Trilcgiam cbjccts to this request to the extent that it calls tier the production of documents
that are neither relevant to the prosecution and defense of this action, nor reasonably calculated t0
lead to {hc discovery of admissible cvédcmzc. Trélcgiani further objects to this request on the
ground that it is overly broad, vague, and umduEy burdensome insumuch as it seeks "a1i
d0cumc¤ts" and docs not state for whose programs the requested documents are sought.
Withcui waiving any 0f those: objections, all O£W]1iC;§] Trilcgizmt hereby rcsawes,
Trilegizmt will produce n0n—priviiagcd documents comparing Txilcgiant programs that are
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covered by one or more ofthe patents in suit to Maritz programs that are covered by the patents
• in suit, that are responsive to this request, to the extent such documents exist and can be located
through a reasonable search ot` l`rilegiant’s tiles.
Reguest for Production No. 28
All documents and things that you believe support or show the existence of a customary
royalty within the industry.
Response to Request for Production No. 28
Trilegiant objects to this request to the extent that it cail for the disclosure of confidential, _
proprietary, or trade secret iufoninatiori of third parties that are not wholly and entirely protected
from disclosure by the Protective Order entered in this action.
Without waiving any of those objections, all of which Trilegiant hereby reserves,
Triiegiant will produce nomprivileged documents that are responsive to this request and do not
disclose conticlcntial, proprietary, or trade secret information of third parties that are not wholly
and entirely protected from disclosure by the Protective Order entered in this action, to the extent
such documents exist and can be located through a reasonable search of 'i"rilegiant’s tiles.
Rogues: for Production No. 29
All documents and things that plaintiff believes supports or shows any rates paid for the
use of other patents comparable to one or more ofthe Patents at Issue.
Response to Request for Production No. 29
Trilegiant objects to this request to the extent that it calls for the production of documents
that are neither relevant to the prosecution and defense of this action, nor reasonably calculated to
lead to the discovery of admissible evidence. Triiegiant further objects to this request on the
ground that it is overly broad, vague, and unduly burdensome with regard to the phrase
"coniparable to" and insornuch as it seeks "all documents and things? Trilegiant objects to this
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request to the extent that it cali tor the ciisciosure of eorztideotial, proprietary, or trade secret
• information ofthérd parties that are not wholly and eriiirely protected from disclosure by the e
Protective Order entered in this action. Without waiving any of those objections, all of which
Trilegiant hereby reserves, Trilegiant wil? produce oori-privileged responsive documents, to the
extent such documents exist and can be located through a reasonable Search oi`"l`rilegiar1t’s files.
Request for Production No. 30
All documents, including but not limited to license agreements, referring or relating to
any royalties or fees plaiotiffltas received or has been offered for the right to operate any
program, method, or system allegedly covered by cme or more of the Patents at Issue.
Response to Reguesi for Production No. 30
Tr`gian.t obj eats to this request to the extent that it seeks the disclosure of information
covered by the ottomeyclieni privilege, the attorney work product doctrine and/or ony other
applicable law, privilege, protection, immunity, or doctrine. Trilegiaut further objects to this
request on the ground that it is overly broad, vague, and unduly burdensome insomuch as it seeks
"a]l di;»·.:u1.i1e1its.., rofeiring or relating t0" specifically enumerated documents. Ttiiogiaxit Objects
to this request to the extent that it call for the disclosure of confidential, proprietary, or trade
secret information of third parties that are not wholly zmé entireiy protected from disclosure by l
the Protective Order entered in this action.
Without waiving any of those objections, all of which Trilegiant hereby reserves,
Trilegéant will produce nomprivileged documents that are responsive to this request and do not
disclose confidential, proprietary, or trade secret information of third parties that are not wholly
and entirely protected from disclosure by the Protective Order entered in this action, to the extent
such documents exist ami can be located through a reasonable search of Trilegianfs tiles.
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Request for Production No. 31
• All documents which refer or relate to any alleged damages suffered in the event of
clet`eadant’s infringement of one or more ofthe Patents at issue.
lliapense to Recix.est.£oi:i?
Trilegiaht objects to this request to the extent that it seeks the disclosure of iriforrnation
covered by the attomeymlient privilege, the attorney worlcoroduct doctrine and/or any other
. applicable law, privilege, protection, irrimiinity, or doctrine.
Without waiving any of those objections, all of which Trilegiant hereby reserves,
Trilegiant will produce non-privileged documents that are responsive to this request, to the extent
such documents exist and can be located through a reasonable search of "£`ril.egiant’s Elec.
Request for Production No. 32
All documents which refer or relate to lost sales or lost opportunities incurred because of
defendant’s iniiingernent of one or more ofthe Patents at Issue.
Response to Request for Production No. 32
Trilegiant objects to this request to the extent that it calls for the production of documents
that are neither relevant to the prosecution and defense of this action, nor reasonably calculated to
lead to the discovery of admissible evidence. Trilegiant further objects to this request on the
ground that it is overly broad, vague, and unduly burdensome insomuch as it seeks "all
docunients.â€
Without waiving any ofthose objections, all of which Trilegiaot hereby reserves,
Triiegiaut will produce non-privileged documents that are responsive to this request, to the extent
such documents exist and can be located through a reasonable search of Trilegianfs tiles.
Request for Production No. 33
All documents and things which refer or relate to any prior art, prior uses or anything else
• under 35 U.S.C. § ll?. which may affect the validity of one or more of the Patents at issue in any
23
way.
• Response to Reguest for Production Nc. 33
Trilegiant objects to this request to the extent that it seeks the disclosure of infomation
covered by the attorneyclient privilege, the attorney worloproduct doctrine and/or any other
applicable law) privilege, protection; immunity, or doctrine Trilegiant thither objects to this
request on the ground that it is overly broad, vague, and unduly burdensome insomuch as it seeks
“ali documents and things?
Without waiving any of those objections, oil of which Triiegiant hereby reserves, l
Trilegiant will produce nou—privil<-zged responsive docuinents, to the extent such documents exist
and can be located through a reasonable search of Trilegisnt’s tiles.
Request for Pruduutioii No. 34
All documents and things that tend to evidence or refute the vatidity of one or more of the
Fatents at Issue, OT any Claims thereof, bztsctl on the contention that the alleged invention was
known or used by others in the United States, or patented or described in a printed publication in
the United States or in a foreign country, before the date of invention of one or more ofthe
Patents at Issue.
Response to Reguest for Production No. 34
Without waiving any objections, ail of which Triiegiant hereby reserves, Triiegiaut will
produce nonprivileged responsive documents to the extent such documents exist and can be
located through a reasonable search ofTrilegiant’s files.
Reguest for Production No. 35
All documents and things that tend to evidence or refute the validity of one or more of the
Patents at lssue, or any ciaiin thereotj based on 35 L¥.S.C. § 103 in that the differences between.
the subject matter described and purportedly clainied in one or more ofthe Patents at issue and
the prior art are such that the subject matter as a whoie would have been obvious at the time the
inventions were made to a person having ordinary skilt in the art to which the subject matter
pertains.
24
Rcsgonse to Request for Production No. 35
• Without waiving any objections, all of which Trilegiant hereby reserves, Trilegiant will
produce nomprivileged responsive documents, to the extent such documents exist and can be
located through a reasonable Search of Triiegianfs {iles.
Request for Production ,NQi,32{i
All documents and things that tend to evidence or refute the enforceability of one or more
of the Patents at Issue on the alleged basis that the inventor committed inequitnble conduct in
obtaining one or more ofthe Patents at issue.
Resgonsc to Request for Production No. 36
Trilegiant objects to this request to the extent that it seeks the disclosure of information
covered by the attomeymlient privilege, the attorney worleproduct doctrine and/or any other
applicable low, privilege, protection, immunity, or doctrine,
Without waiving any of those objections, all of which Trilegiant hereby reserves,
Trilegient will produce nowprivilegcd responsive documents, to the extent such documents exist
and can be located through a reasonable seoich of ".l`rileg,iant‘s tiles.
Request for Production No. 37
All documents and things referring or relating to (fl) the earliest conception; (ii) the first
reduction to practice; (iii) the iirst public disclosure; (iv) the iirst offer for sale; or, {v) the first
use (private or public} of any method or system allegedly disclosed in one or more ot the Patents
st Issue or allegedly covered by the claims of one or more ofthe Patent at lssue.
Response to Regust for Production No. 37
Trilegient objects to this request to the extent that it seeks the disclosure of infomation
covered by the attorr1ey—client privilege, the attorney worloproduct doctrine and/or any other
applicable law, privilege, protection, immunity, or doctrine. 'Frilegieut further objects to this
request on the ground that it is overly broad, vague, and unduly burdensome insomuch as it seeks
• "all documents end things" referring or relating to specifically enumerated documents.
25
Without waiving any of those objections, all of which Trilegiant hereby reserves,
· Trilegiant will produce non-privileged responsive documents, to the extent such documents exist
and can be located through a reasonable search of Triiegianfs flies.
Reguest for Production No. 38
All documents and things produced by Triiegiant andfor Netcentives in any prior or
current lawsuit invoiving one or more ofthe Patents at lssue.
Response to Request for Pmrhiction No. 38
Triiegiant objects to this request to the extent that it calls for the production of documents
that are neither relevant to the prosecution and defense of this action, nor reasonably caiculated to
lend to the discovery of admissible evidence.
Without waiving any of those objections, all ofvvhich Trilegiani hereby reserves,
Triiegiant will produce responsive documents, to the extent such documents exist and can be
located through a reasonable search of Trilcgiant’s tiles.
Reguest for Production No. 39
Ai] documents and things produced to Trilegiant or Netccntivcs in any prior or current
lawsuit involving one or more of the Patents at Issue.
Response to Request for Production No. 39
lriiegiant further objects to this request to the extent that it catis for the production of
documents that are neither relevant to the prosecution and defense of this action, nor reasonably
calculated to lead to the discovery oi` admissible evidence.
Without waiving any of those objections, ali of which Triiegiant hereby reserves,
Trilegiant will produce responsive documents, tothe extent such documents exist and can be
located through a reasonable search o1`Trilegiant’s tiles.
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Request for Production No. 40
• All documents and things which refer or reiate to any of plaintiff s assertions that
defendant infringes any ofthe claiins of one or more ofthe Patents at Issue.
Response to Reg nest for Production No. 40
Trilegiant objects to this request to the extent that it seeks the disclosure of information
covered by the attorney-client privilege, the attorney worloproduct doctrine andfor any other
applicable law, privilege, protection, irnmoriity, or doctrine. Trilegiant further objects to this
request on the ground that it is overiy broad, vague, and unduly burdensome insornuch as it seeks
"al} doctiments and things?
`wVilli.uut waiving any of those objections, all of which Trilcgiont hereby reserves,
Trilegiant will produce non—privilged responsive documents, to the extent such documents exist
and can be located through at reasonable search of Triiegianfs tiles,
Regiiest for Production No. 41
All documents and things which refer or relate to plaintiff s assertion that defendant has
wiltfully intringed one or more or the Patents at Issue.
Response to Reguest for Production No. 41
Trilegiant objects to this request to the extent that it seeks the disciosure of information
covered bythe attorney-client privilege, the attorney worlcproduct doctrine andlor any other
applicable law, privilege, protection, immunity, or doctrine. Trilcgiant further objects to this
request. on the ground that it is overly broad, vague, and unduly burdensome insomuch as it seeks
"ali documents and things?
Without waiving any of those objections, all of which Trilegiant hereby rserves,
Trilegiant will produce noroprivileged responsive documents, to the extent such documents exist
and can he located through a reasonable search of Trilegianfs tiles.
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Request for Production Nc. 42
• AE} documents evidencing any uf the facts underlying any of the allegations asserted by
plaintiff in its Complaint.
Response to Reguest for Pmdmztinn N0. 42
Trilegiant objects {0 this request on the ground that it is cvcriy broad, vague, and unduly
burécnscmc insmmuch as it sacks "ail ci0c:umc11is."
Without waiving may of those objections, all of which Trilegiam hereby reserves,
Trilcgiam wili produce: umn-privileged responsive documents, to the cxicnt such documents cxisl
and can be located through E1 reasonable search of Trii·::gizmt’s files.
Rcguest for Production Nu. 43
All documents which refer 0r zciaic tc any search, study, cpiuimxa or cthcr investigation
csnccmmg the infrmgcmcm/mon-infringement, validityhnvslidiny and/uz
snfcrccability/amcnfsscsability or of one or mow of the Patents at Issue.
Response t0 Ragucst for Production Nu. 43
Triicgiam obj acts to this request to the extant that it seeks the disclosure of information
cov:-mad by the z1tt0mcy—c}icnt pxixiicgc, the utmmezy w01*k·pr0d11ctd0cirinc amdfcr any other
appiicabic law, psiviiega, protection, immunity, or doctrine:. '}`ri}cgianti’ur1hcr objects to this
request to the extent that it calls for the production of documents thai are neither rcicvant to tim
prosecution and defense af this action, nur reasonably calculated to isad tc the di.SCO\·'€I';y' of
admissible evidence, Trilagiant further objccts to this request cm the gmund thai it is overly
broad, vague, and uuduiy burdensome inscmuch as it sacks "a]1 d0cumcW:ms" referring 0r relating
to specifically enumerated documents.
Without waiving any of those obj actions, ai} cfwhich Trilcgiant hereby reserves,
T rikegi:-mt will produce mm-privileged d¤mu~m=;ms that are responsive to this request, to thc cxiezm
• such documents sxést and can bc lccamd through a rcasmmblc search of T yilcgiazfs Hics.
28
Reguest for Production No. 44
• All documents which refer or relate to the circumstances under which plaintiff obtained
rights in one or more of the Patents at Issue.
Response to `Regugst for Production No. 44
Trilegiarit objects to this request to the extent that it seeks the disclosure of information
covered bythe attorneyclient privilege, the attorney work-product doctrine and/or any other
applicable law, privilege, protection, irnmunity, or doctrine, Trilegiant further objects to this
request to the extent that it calls for the production of docurnents that are neither relevant to the
prosecution and defense of this action, nor reasonably calculated to lead to the discovery of
admissible evidence. Trilcgiant further objects to this request on the ground that it is overly
hroad, vague, and unduly burdensome with regard to the term "circumstauces" and irisomuch as
it seeks "ail d.ocuments."
Vlfithottt waiving any Of those Olljectiutus, all ul` wliicli Tiiieginiit hereby reset ven,
Trilegiant will produce nomprivileged responsive documents regarding its acquisition ofthe
patents in suit, to the extent such documents exist and can be located through a reasonable search
of Trilegiant’s tiles.
Request for Production No. 45
Documents showing the corporate and nianagenient structure of plaintiff since January 1,
l995, including organizational charts, lists and directories.
Response to Request for Production No. 45
Trilegiant further objects to this request to the extent that it calls for the production of
documents that are neither relevant to the prosecution and defense of this action, nor reasonably
calculated to lead to the discovery of admissible evidence. Trilegiant further objects to this
requests to the extent it seeks documents created or obtained by 'Frilcgiant prior to Trilegianfs
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acquisition of the patents in suit on `Dsccmbor ?, ZOO}.
. Withoist waiving may of moss objections, ali ofwhich Trilsgizmt hereby reserves,
Trilogiant will produce organizational charts for Trilegizmt, from the time subsequent to
Trilogisnfs acquisiiiom of thc patents in suit on December 7, 2001, to the oxtont such documents
cxisk and oem bo Iocatcd through ax reasonable search of Trilogiamfs Bias
Rcguest for Production N0. 46
Ali organizations} charts referring or rc-zizating to the idsntitication of individuals
rosponsébio for ovaiuation, generation, zmdfor record keeping of financial, marketing,
pfofitability, budgeting mpotts, or prujcuiions rolatimg to any program, method, or system
allcgcxily covered by one or more of tho Patents at Issue.
Response to Request for Production No. 46
Triécgizmt objects to this request to the extent that it ca1¥s for tho production of documents
that arc neither relevant to the prosecution and defense: of this action, nor reasonably ozziculatsd to
lead io the discovery of admissible evidence. Triécgiam further objects zo this request on me
ground that it is ovsriy broad, vague, and unduly burdensome insomuch as it seeks “ail
organizational charts? Trilcgiant further obgocts to this requests to the sxtoni it soks documents
created or obtained by Tyiicgiam prior to T1·iisgiaut’s acquisition ofthe patents in suit on
December 7, 200}.
Without waiving any of those objections, all of which Trélcgiam hereby reserves,
Trilsgiant will produce organizations} charts for Trilcgizmi, from the time subsequent to
Trilogizmfs acquisition of tho patents in suit on December 7, 2001, to the extant such documents
exist and can be located through za reasonable search of Triiogizmfs Bios.
Request for Production No. 47
Ali documents and things originating or associated with defendant which are in plaintiff?.
possession, custody or control,
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Response to Reguest for Production No. 47
• Trilegiant frtrtlaer objects to this request to the extent that it calls for the production of
documents that are neither relevant to the prosecution and defense of this action, nor reasonably
calculated to lead to the discovery of admissible evidence. Trilegiant further objects to this
request on the ground that it is overly broad, vague, and unduly burdensome with regard to tha
phrase "associated with" and insomuch as it seeks “all documents and things?
Without waiving any of those objections, all of which Trilegiant hereby reserves,
'tfrilegiant will produce non-privilogctl documents originating from Moritz to the extent such
documents exist and can be located through a reasonable search oi`Trilegiant’s tiles.
Request for Production No. 48
All documents that bear any reference, whether as printed or by itttetlizieatiun, to
defendant.
_R_gs_ponse to Reguest for Production No, 48
Trilegiant objects to this request to the extent that it seeks the disclosure of infomation
covrrd bythe attorneyclient privilege, the attorney worteproduct doctrine andfor any other
applicable law, privilege, protection, immunity, or doctrine. Trilegiant further objects to this
request to th extent that it cails for the production of documents that are neither relevant to the
prosecution and defense of this action, nor reasonably calculated to lead to the discovery of
admissible evidence. Tritegiant further objects to this request on the ground that it is overly
broad, vague, and unduly burdensome with regard to the phrase "any reference" and insomuch as
it seeks "alE docurnentsf fails to set forth, either by individual item or by category, the
documents and things requested or to describe them with reasonable particularity, and on the
ground that it is duplieotive of other requests.
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`Reguest for Production No. 49
· All documents which refer or relate to defendant or to any program made, used, offered
for sale, licensed or sold by defendant,
Resgonse to Roguest for Production No. 49
Trilegiant objects to this request to the extent that it seeks the disclosure of infomation
covered bythe attorney—client privilege, the attorney worioprodiict doctrine andfor any other
applicable law, privilege, protection, immunity, or doctrine. Trilegiant further objects to this
request to the extent that it calls for the production of docurnents that are neither relevant to the
prosecution and defense of this action, nor reasonably calculated to lead to the discovery of
admissible evidence. Trilegiarit further objects to this request on the ground that it is overly
broad, vague, and unduly burdensome insornuch as it seeks "all documents? fails to set forth,
either by individual item or by category, the documents and things requested or to describe them
with reasonable particularity, and is duplicative of other requests.
Reguest for Production N0. 50
All documents which. refer or relate to any coinrnnnications between plaintiff and
defendant, including without limitation all notes and records of such communications and all
correspondence.
Response to Reguest for Production N0. 50
Trilegiant objects to this request to the extent that it calls for the production of documents
that are neither relevant to the prosecution and defense of this action, nor reasonably calculatedto
lead to the discovery of admissible evidence. Trilegiant further objects to this request on the
ground that it is overly broad, vague, and unduly burdensome insomuch as it seeks "all
documents" and seeks communications regarding subiects other than the patents in suit or this
lawsuit.
• Without waiving any of those objections, all of which Trilegiant hereby reserves,
32
Trilcgizani will produce rrorrprivilogod documents regarding communications botwoon Trilogizmt
• and Marin- that oonoom tho patents in suit or this lawsuit, to the cxtorat such documents exist and
can bo located through a reasonable Search of Trilcagiarrfs files.
Request for Production N0. SI
All documents which refer or relate to any license, offer to licensee, negotiations (whether
succossful or not), or discussions relating to 2. license: or covenant not to sur: under any
intellectual proporiy rights related to any program allegedly covered by ono or more ofiho
Patouts at Essuo or under ono or mom of the Potonts at Issue.
Resporrsc to `Reguest for Production N0. 51
Trilogiarat objects to this request to the cxtont that it socks the disclosorc of irlformation
GOVBISG by 'Lh€ ait0m€y—<;li@1‘11 privilogé, €h€ ailumcy work-product dootriuc and/or any other
applicable law, privilege, protection, immunity, or doctrine. Yrllcgiant further obgccts to this
request to rho extent that ir calls for tho production of documents that are neither relevant to the
prosecution and defense ofthrs action, nor reasonably calculated to Eoad to the discovery of
admissible evidence. Trllogiarrt further objects to ihis request on the ground that it is overly
broad, vague, and unduly burdensome insomuch as ii socks "all documents? Trilcgiarnt objccis
to this request to the oxtoni that it call for rho disclosure of conlldomial, proprietary, or trade
secret information of third parties that arc not wholly and entirely protected from disclosure by
tho Protective Order entered irs this action.
Without waiving any of those obj octions, all of which Trilogizmi hereby reserves,
Trilogiant will produce norvprlvilogod documcnrs that are responsive xo this request and do not
disclose oomidomial, proprietary, or trade secret information of {bird parties that are not wholly
and o1rtircly_protoctcd from disclosure by the Protective Order orrtorod in this action, to the oxaont
such documents exist and can be located through rr reasonable search ofTri1ag§:-mi’s files.
O
Response to Request for Production No. 52
• Atl documents and things which refer or relate to any patent or patent application
(whether pending, issued or abandoned and whether LLS. or forei gn) tiled by or on behalf of
plaintiff which clairns priority or otherwise cites to or references one or more ofthe Patents at
Issue.
Resgonse to Request for Prodtiction No. 52
Trilegiant objects to this request to the extent that it seeks the disclosure of information
covered by the attoriicyclicrtt privilege, the attorney work- product doctrine andfor any other
applicable law, privilege, protection, immunity, or doctrine. Trilegiant further objects to this
request on the ground that it is overly broad, vague, and unduly burdensome insomuch as it seeks
*.11 documents and things?
Without waiving any of those objections, all of which Trilegiant hereby reserves,
Trilegiant will produce nonqarivilegcd documents that are responsive to this request, to the extent
such documents exist and can be tocated through a reasonabte search ot"Tri1egiant’s ities.
Request for Production N0. 53
Screen shots for any of plaintiffs programs, methods, or systems allegedty covered by
one or more ofthe Fatents at Issue.
Response to Request for Production No. 53
Trilegiant objects to this request to the extent that it calls for the production of documents
that are neither retevant to the prosecution and defense of this action, nor reasonably calculated to
lead to the discovery of admissible evidence.
Without waiving any of those objections, atl of which Trilegiant hereby reserves,
Tiilegiaet wilt produce mm-privileged responsive documents, to the extent such documents exist
and can be located through a reasonable search ot"l`rilegiant’s tiles.
O
34
Reguest for Production No. 54
• An electronic or computer readable copy of plaintiff s programs. uiethodsr or systems
ailegediy covered by one or more of the Patents at issue.
Response to Reguest for Production No. Sd
Trilegiant objects to this request to the extent that it calls for the pro
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