13.15 Form: Request for Documents in Copyright Infringement Suit ABC Inc., Plaintiff v. XYZ Corp., Defendant Case No. 12345 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ABC's FIRST REQUEST FOR THE PRODUCTION OF DOCUMENTS AND THINGS Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure and Rule of the Local Rules of the United States District Court for the District of, Plaintiff ABC Inc. hereby requests that the above-captioned defendant (the Defendant ) produce for inspection and copying, at the offices of Smith & Smith LLP, 100 Main Street, Los Angeles, California, the originals (or copies if the originals are not available) of all of the following documents and tangible things in Defendant s possession, custody or control, or in the possession, custody or control of any of Defendant s agents, consultants, attorneys or representatives, within thirty (30) days of service hereof. DEFINITIONS The definitions and rules of construction for discovery requests set forth in Local Rule are incorporated herein by reference as though fully set forth herein. In addition, the following particular terms shall have the meanings set forth below. 1. ABC refers to plaintiff ABC Inc. and its officers, directors, agents, employees, attorneys and authorized representatives. -1-
2. Defendant refers to XYZ Corp. including officers, directors, subsidiaries, affiliates, alter egos, agents, employees, attorneys, and authorized representatives of said Defendant. 3. Documents shall have the meaning ascribed by Fed. R. Civ. P. 34 and Local Rule and shall include all writings and records of every type and description, including originals, copies, drafts, revisions, or supplements, and each non-identical copy or draft thereof, in Defendant s possession, custody or control, including, but not limited to, the following: letters, correspondence, telegrams, teletypes, cables, wire transmissions, memoranda or reports, contracts, agreements, notes, drafts, proposals, log book, transcripts, press releases including press releases on the Internet, records, reports, analyses, summaries, surveys, appraisals, evaluations, publications, writings related to interviews, meetings or conversations, audio, video or electronic recordings (or transcripts thereof), computer software and other material recorded in any manner on a computer, computer tape, computer disk, or CD-ROM (both in source code and executable form), electronic mail, copies and print-outs of such mail and any other type of electronic transmission or communication, computer hard drive or floppy discs, any other computer storage medium, desk calendars or diaries, microfiche, facsimile transmission, newsletters, photographs, advertisements in all media forms, promotional or marketing materials, sale sheets, press kits, catalogs, brochures, packaging, instructions or procedural manuals, minutes, notices, or other tangible sources of information, and data responsive to these Document Requests, whether such is printed, typed, photocopied, computer or electronically stored, or otherwise available as tangible material from any source, and of and kind, form, or nature, whether or not sent or received, including all underlying supporting or preparatory materials, versions or drafts and both originals and non-identical copies thereof (whether different from the original because of notes made on such copy or otherwise). 4. Concerning shall mean relating to, referring to, evidencing or constituting. 5. Communication shall mean the transmission of information in the form of facts, ideas, inquiries or otherwise. -2-
6. ABCSoftware refers to the combination of computer software, or computer hardware or related equipment developed by ABC Inc. and marketed under the name ABCSoftware, including each and every release, version, modification and upgrade or revision thereof. 7. CopyCat refers to the computer software and related materials, including each and every release, version, modification and upgrade or revision thereof developed or offered for sale by Defendant. INSTRUCTIONS 8. Each of the following requests should be answered in accordance with the Instructions and Definitions herein, Rules 26 and 34 of the Federal Rules of Civil Procedure and Local Rule. The text of each request should be fully set forth, followed by Defendant responses, which should be clearly separated and labeled in accordance with each subsection of the request and each of the Instructions and Definitions relating thereto. 9. Each Document shall be produced in the form, file or container (and in the same order therein) in which it existed prior to production and is kept in the usual course of business. File folders, boxes, bindings or other containers in which each Document is found shall be produced intact, including each title, label, index or other description. 10. If Defendant withholds under a claim of privilege any Document covered by these requests, please furnish a list specifying each Document for which the privilege is claimed, together with the following information: (a) the name and job title of each author or initiator; (b) the name and job title of each recipient or person to whom one or more copies were furnished; (c) the date of the Document or, if no date appears in the Document, an estimate of the date indicated as an estimate; (d) the subject matter of the Document; (e) the privilege claimed; (f) the number of pages; (g) the attachments or appendices; (h) all persons to whom distributed, shown or explained (i) the basis on which the privilege is claimed; and (j) the request(s) to which the Document is responsive. -3-
11. In the event that any Document called for hereby has been destroyed, discarded or otherwise disposed of, Defendant is required to indicate in writing, with respect to the Document; (a) the author and the position or title of the author; (b) the addressee and the position or title of the addressee; (c) the indicated or blind copies; (d) the date on which the document was created, modified, amended, revised or otherwise formalized and issued; (e) a general description of the subject matter of the document; (f) the number of pages; (g) the attachments or appendices; (h) all persons to whom distributed, shown or explained; (i) the date of destruction or disposal; (j) the reason for destruction or disposal; and (k) the person destroying or disposing of the Document. 12. For each Document responsive to this Inspection Demand which constitutes computer input or output (including, but not limited to, the input or output of any hard drives, punch cards, discs, CD-ROM, tapes or other data compilations), please furnish together with programming instructions and any other materials necessary for its comprehension and/or use. If readable printouts or forms derived from any such Document are produced, said printouts or forms shall be accompanied by instructions or other written materials necessary for its comprehension and/or use. 13. Unless otherwise stated, the relevant time period for these Inspection Demands is from January 1, 1995, through and including the present. 14. These requests are continuing in nature and Defendant is required to seasonably supplement Defendant's production herein upon receipt or discovery of additional documents pertinent to any of the document requests as set forth in Rule 26(e) of the Federal Rules of Civil Procedure. DOCUMENT REQUESTS 15. All Documents concerning the development, manufacture, advertisement or sale of Defendant s products, including CopyCat, that concern ABCSoftware or ABC. -4-
16. All Documents concerning ABC or ABCSoftware, including, without limitation, copies of ABCSoftware or parts thereof. 17. To the extent not produced in response to Requests Nos. 1 and 2 above, all Documents concerning Defendant's products, including CopyCat, that concern ABCSoftware or ABC. 18. All Documents concerning electronic mail sent by or to Defendant, on the Internet or otherwise, concerning Defendant s products, including CopyCat, that concern ABCSoftware or ABC. 19. To the extent not produced in response to Request No. 4 above, all Documents concerning electronic mail sent by or to Defendant concerning computer hardware locks, dongles, keys, or software or hardware devices that limit a user s ability to run or copy software. 20. All Documents concerning the verification processes conducted by Defendant as alleged at paragraph of Defendant Statement of Undisputed Facts. 21. All Documents concerning the alleged non-infringing uses of Defendant s products as alleged in paragraph of Defendant Statement of Undisputed Facts. 22. Documents concerning Defendant s customers lists. 23. All Documents concerning Defendant s customers, including individuals and entities, vendors, and distributors, who have purchased Defendant s products, including CopyCat, that concern ABCSoftware or ABC. 24. To the extent not produced in response to Request No. 1 above, all documents concerning Defendant's decision whether or when to include disclaimers in advertisements of their products. 25. To the extent not produced in response to Requests Nos. 1 and 10 above, all Documents concerning Defendant s advertisement of its products in any and all media forms. -5-
26. All Documents concerning creation of and amendments, modifications, or revisions to Defendant s Web site, www.copycat.com, or any other Web site with which Defendant is affiliated or that provide a link to or from Defendant s Web site or any other Web site that contains or contained promotions for Defendant s Web site or Defendant s products. 27. All Documents concerning Defendant s packaging of its CopyCat products, including representative samples of each version of the packaging itself. 28. To the extent not produced in response to Request No. 13 above, all Documents concerning modifications to Defendant s packaging of its CopyCat products. 29. All Documents concerning any studies, surveys, investigations or other inquiries regarding actual or potential uses, including alleged non-infringing uses, of Defendant s products, including CopyCat. 30. All Documents concerning any payments received by Defendant for sale of its products, including CopyCat, that concern ABCSoftware or ABC. 31. All Documents concerning any other lawsuits or threats to bring a lawsuit involving Defendant s products, including CopyCat, and any notices to Defendant of infringement. 32. All Documents concerning Defendant's document retention or destruction policies. 33. All Documents concerning requests concerning cooperation requested by or received by Defendant from any non-party, or cooperation offered or given to Defendant by any non-party, in connection with this lawsuit, including any offer or undertaking to contribute information, evidence or financial support and any actual contribution of information, evidence or financial support. 34. To the extent not produced in response to Request No. 19 above, any offers or undertaking to assist Defendant in this lawsuit. -6-
Dated: Smith & Smith LLP Attorneys for Plaintiff ABC, Inc. 100 Main Street Los Angeles, California -7-