Free Notice (Other) - District Court of Delaware - Delaware

Case 1:05-cv-00048-SLR

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SCHEDULE A DEFINITIONS A. "Hitachi" as used herein shall mean plaintiff Hitachi, Ltd., any corporate affiliates,

, and any parent or parents, subsidiaries, domestic or foreign, partners, officers, directors, successors, predecessors, assigns, and the employees, attorneys and agents of any and all of them. B. "HAP" shall mean Hitachi Automotive Products (USA), Inc., any corporate

affiliates, and any parent or parents, subsidiaries, domestic or foreign, partners, officers, directors, successors, predecessors, assigns, and the employees, attorneys and agents of any and all of them. C. "UNAI" as used herein shall mean plaintiff Unisia North America, Inc., any

corporate affiliates, and any parent or parents, subsidiaries, domestic or foreign, partners, officers, directors, successors, predecessors, assigns, and the employees, attorneys and agents of any and all of them. D. "Nissan" as used herein shall mean Nissan Motor Co., Ltd., any corporate

affiliates, including Nissan North America Inc., and any parent or parents, subsidiaries, domestic or foreign, partners, officers, directors, successors, predecessors, assigns, and the employees, attorneys and agents of any and all of them. E. "Defendants" or "BorgWarner" as used herein shall mean BorgWarner Inc., and

BorgWarner Morse TEC Inc.

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F.

The term "patent-in-suit" or "the '738 patent" shall mean U.S. Patent No.

5,497,738. G. "Variable camshaft component system" or "VCT component system" as used

herein means any components (both in combination and on a component-by-component basis) used to vary the camshaft timing in an engine that (1) are purchased by customers (either directly or indirectly) in the United States or (2) are purchased by customers (either directly or indirectly) outside of the United States and then imported into the United States, such components shall include, but not be limited to solenoids, actuators, sensors, oil pumps and engine control units (ECUs). H. "ECU" as used herein means an "engine control unit" or "electronic control unit,"

used to control a number of functions in an engine, and includes ECU components such as the VCT modules themselves, control data or CD ROMs containing control data. I. "VCT Module" as used herein is the module(s) in an ECU that controls and

operates the components of a VCT Component System, as defined in (G). J. "Sensors" as used herein includes air flow sensors, water temperature sensors,

throttle position sensors used in a VCT Component System, as defined in (G). K. The term "concerning" means comprising, relating to, referring to, reflecting,

describing, evidencing or constituting. L. "Documents" as used herein is employed in the broadest possible sense and means

without limitation any written, printed, typed, stored, photographed, recorded or otherwise reproduced communication, compilation or reproduction including computer or

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electronically generated or stored information or data whether assertedly privileged or not and including all copies of drafts of any document which differs in any respect from the original. M. "And" means "and/or." "Or" means "and/or." The plural of any word used herein

includes the singular and the singular includes the plural. The masculine gender of any word used herein includes the feminine and the neuter. The past tense of a verb used herein includes the present tense and the present tense includes the past tense. N. O. "Any," "all," "each" or "every" means any and all, each and every. The terms "make," "use," "sell," "offer to sell," and "import" each assume the

broadest possible meaning given those terms under U.S.C. § 154 and 35 U.S.C. §271(a). P. The term "marketing" shall be used in the broadest sense and shall include

documents, discussions and communications within HAP relating to efforts to sell, offers to sell, or the provision of information not necessarily related to an offer to sell, and shall include engineering and technical information.

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DEPOSITION TOPICS 1. The sale by HAP of ECUs with VCT modules, and the customers, engines and

vehicles that have employed such ECUs. 2. The sale by HAP of sensors for engines that employ VCT components and the

engines and vehicles that have employed such sensors. 3. 4. The annual revenues, costs, and profits from the sale of ECUs with VCT modules. The annual revenues, costs and profits from the sale of sensors for engines that

take VCT components. 5. The sale of ECU software, control data or CD ROMs with control data for

engines with VCT and the revenues, costs and profits from such sales. 6. Future plans for HAP to sell VCT component systems (as individual components

or in an engine or in a vehicle) to customers within or outside the U.S. 7. HAP's marketing efforts for ECUs with VCT modules (including the VCT

modules themselves or control data), including those that occurred within the United States, were directed to customers in the United States, or occurred at events attended by customers located in the United States. 8. HAPs initial development of VCT modules for ECUs (and the control data for

this functionality), including but not limited to how and when this was done, the people involved and the events that led to this development.

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9.

Communications between HAP on the one hand and Nissan, Honda or Ford on

the other regarding BorgWarner's VCT technology. 10. Communications between HAP on the one hand and Nissan, Honda or Ford on

the other regarding switching from an on-off VCT system to a continuous VCT system. 11. Financial statements prepared by HAP related to VCT Component Systems (as

individual components or in an engine or in a vehicle), including but not limited to profit and loss statements. 12. The structure and operation for the electronic controls, including ECUs, of VCT

systems sold by HAP and the interrelation between the electronic controls and other components of the engine and the VCT system.

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SCHEDULE B DEFINITIONS A. "Hitachi" as used herein shall mean plaintiff Hitachi, Ltd., any corporate affiliates,

, and any parent or parents, subsidiaries, domestic or foreign, partners, officers, directors, successors, predecessors, assigns, and the employees, attorneys and agents of any and all of them. B. "HAP" shall mean Hitachi Automotive Products (USA), Inc., any corporate

affiliates, and any parent or parents, subsidiaries, domestic or foreign, partners, officers, directors, successors, predecessors, assigns, and the employees, attorneys and agents of any and all of them. C. "UNAI" as used herein shall mean plaintiff Unisia North America, Inc., any

corporate affiliates, and any parent or parents, subsidiaries, domestic or foreign, partners, officers, directors, successors, predecessors, assigns, and the employees, attorneys and agents of any and all of them. D. "Nissan" as used herein shall mean Nissan Motor Co., Ltd., any corporate

affiliates, including Nissan North America Inc., and any parent or parents, subsidiaries, domestic or foreign, partners, officers, directors, successors, predecessors, assigns, and the employees, attorneys and agents of any and all of them. E. "Defendants" or "BorgWarner" as used herein shall mean BorgWarner Inc., and

BorgWarner Morse TEC Inc.

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F.

The term "patent-in-suit" or "the '738 patent" shall mean U.S. Patent No.

5,497,738. G. "Variable camshaft component system" or "VCT component system" as used

herein means any components (both in combination and on a component-by-component basis) used to vary the camshaft timing in an engine that (1) are purchased by customers (either directly or indirectly) in the United States or (2) are purchased by customers (either directly or indirectly) outside of the United States and then imported into the United States, such components shall include, but not be limited to solenoids, actuators, sensors, oil pumps and engine control units (ECUs). H. "ECU" as used herein means an "engine control unit" or "electronic control unit,"

used to control a number of functions in an engine, and includes ECU components such as the VCT modules themselves, control data or CD ROMs containing control data. I. "VCT Module" as used herein is the module(s) in an ECU that controls and

operates the components of a VCT Component System, as defined in (G). J. "Sensors" as used herein includes air flow sensors, water temperature sensors,

throttle position sensors used in a VCT Component System, as defined in (G). K. The term "concerning" means comprising, relating to, referring to, reflecting,

describing, evidencing or constituting. L. "Documents" as used herein is employed in the broadest possible sense and means

without limitation any written, printed, typed, stored, photographed, recorded or otherwise reproduced communication, compilation or reproduction including computer or

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electronically generated or stored information or data whether assertedly privileged or not and including all copies of drafts of any document which differs in any respect from the original. M. "And" means "and/or." "Or" means "and/or." The plural of any word used herein

includes the singular and the singular includes the plural. The masculine gender of any word used herein includes the feminine and the neuter. The past tense of a verb used herein includes the present tense and the present tense includes the past tense. N. O. "Any," "all," "each" or "every" means any and all, each and every. The terms "make," "use," "sell," "offer to sell," and "import" each assume the

broadest possible meaning given those terms under U.S.C. § 154 and 35 U.S.C. §271(a). P. The term "marketing" shall be used in the broadest sense and shall include

documents, discussions and communications within HAP relating to efforts to sell, offers to sell, or the provision of information not necessarily related to an offer to sell, and shall include engineering and technical information.

INSTRUCTIONS Please comply with the following instructions: A. All documents that respond, in whole or in part, to any portion of the requests

below are to be produced in their entirety, including all attachments and enclosures.

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B.

All documents shall be produced either in the order and in the manner that they

are kept in the usual course of business or shall be organized and labeled to correspond with the categories of this Request. The documents shall be produced in their original file folder, binder or other cover or container unless that is not possible. Whenever a document or group of documents is removed from a file folder, binder, file drawer, file box, notebook, or other cover or container, a copy of the label or other means of identification of such cover or other container shall be attached to the document. C. Any document called for herein that you claim to be privileged against discovery

on any ground shall be identified on a privilege log. D. Notwithstanding any claim that a document is protected from disclosure, any

document so withheld must be produced with the portion claimed to be protected excised. E. To the extent no responsive documents exist in response to a Request, and

therefore no responsive documents will be produced in response to that Request, please so indicate in the response. F. Documents containing confidential information shall be marked "confidential" or

"confidential attorneys eyes only" and their disclosure shall be limited in accordance with the Protective Order entered in Civil Action No. 05-048-SLR.

DOCUMENT REQUESTS 1. Documents sufficient to show sales by HAP of ECUs with VCT modules, and the

customers, engines and vehicles that have employed such ECUs.

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2.

Documents sufficient to show sales by HAP of sensors for engines that employ

VCT components and the engines and vehicles that have employed such sensors. 3. Documents sufficient to show the annual revenues, costs, and profits from the sale

of ECUs with VCT modules. 4. Documents sufficient to show the annual revenues, costs and profits from the sale

of sensors for engines that take VCT components. 5. Documents relating to the sale of ECU software, control data or CD ROMs with

control data for engines with VCT and the revenues, costs and profits from such sales. 6. Documents relating to future plans for HAP to sell VCT component systems (as

individual components or in an engine or in a vehicle) to customers within or outside the U.S. 7. Documents relating to HAP's marketing efforts for ECUs with VCT modules

(including the VCT modules themselves or control data), including those that occurred within the United States, were directed to customers in the United States, or occurred at events attended by customers located in the United States. 8. Documents relating to HAPs initial development of VCT modules for ECUs (and

the control data for this functionality), including but not limited to how and when this was done, the people involved and the events that led to this development. 9. Communications between HAP on the one hand and Nissan, Honda or Ford on

the other regarding BorgWarner's VCT technology.

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10.

Communications between HAP on the one hand and Nissan, Honda or Ford on

the other regarding switching from an on-off VCT system to a continuous VCT system. 11. Financial statements prepared by HAP related to VCT Component Systems (as

individual components or in an engine or in a vehicle), including but not limited to profit and loss statements. 12. Documents sufficient to show the structure and operation for the electronic

controls, including ECUs, of VCT systems sold by HAP and the interrelation between the electronic controls and other components of the engine and the VCT system.

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