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1 2 3 4 5 under the laws of the United States. 6 7 8 9 10 11 12 13 14 15 16 17 18 iii. ii. b. c. a.

ATTACHMENT A Definitions and Instructions Qualcomm, You, or Your means Qualcomm Inc. and each predecessor,

successor, division, subsidiary, parent or related company thereof, whether or not organized

Samsung means Samsung Electronics Co., Ltd. Foreign Proceedings means, collectively, i. Cases No. 7 O 166/11, 7 O 325/11, and 7 O 326/11 in the Mannheim Regional Court, Mannheim, Germany, in which Samsung is asserting patent infringement claims against Apple, Inc.; Apple GmbH; Apple Retail Germany GmbH; and Apple Sales International; Case Nos. 2011 (Yo) 22027 and 2011 (Yo) 22028 in the Tokyo District Court, Tokyo, Japan, in which Samsung is asserting patent infringement claims against Apple, Japan Inc.; Case Nos. KG ZA 11-818; KG ZA 11-819, KG ZA 11-936 and KG ZA 11-937 served on July 12, 2011, and Patent cases according to Accelerated

19 20 21 22 23 24 25 iv. 26 27 28 Korea in which Samsung is asserting patent infringement claims against Apple Korea Ltd.; Case No. 2011Gahap39552 in Seoul Central District Court, Seoul, South Regime served on 15 July 2011 which will be heard by the (Provisional Relief Judge in the) District Court of The Hague, Netherlands, in which Samsung is asserting patent infringement claims against Apple Inc.; Apple Sales International; Apple Holding B.V.; Apple Benelux B.V.; Apple Netherlands B.V.; and Apple Retail Netherlands B.V.;

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v.

Cases in Paris Civil Court, Paris, France, in which Samsung is asserting patent infringement claims against Apple France; Apple Retail France; Apple Inc.; and Apple Sales International;

vi. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Pty Ltd. 25 26 27 28 e. d. viii. vii.

Case in the Court of Milan - IP Chamber, Milan, Italy, in which Samsung is asserting patent infringement claims against Apple Inc.; Apple Italia s.r.l.; and Apple Sales International; Samsung has announced it has filed an application for preliminary injunction in Italy to prevent sales of iPhone 4S. Details of this application have not yet been disclosed to the respondents; Case No. HC 11 C 02180 in the High Court of Justice, Chancery Division, Patents Court, London, United Kingdom, in which Samsung is asserting patent infringement claims against Apple Retail UK Limited; and Apple Sales International; and Case No. (P) NSD 1243 in the Federal Court of Australia, New South Wales, General Division, in which Samsung is asserting patent infringement claims against Apple Inc. and Apple Pty Ltd.

Apple and its Foreign Subsidiaries means Apple Inc.; Apple GmbH; Apple

Retail Germany GmbH; Apple, Japan Inc.; Apple Sales International; Apple Holding B.V.; Apple Benelux B.V.; Apple Netherlands B.V.; Apple Retail Netherlands B.V.; Apple Korea Ltd.; Apple France; Apple Retail France; Apple Italia s.r.l.; Apple Retail UK Limited; and Apple

And and or should be interpreted either disjunctively or conjunctively,

whichever gives the request a broader scope.

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f.

Document and/or Thing has the broadest definition of document under the

Federal Rules of Civil Procedure and the cases interpreting those rules, and includes all tangible things, all originals (or, if originals are not available, identical copies thereof), all non-identical copies of a document, all drafts of final documents, all other written, printed, or recorded matter

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 or any other legal, business or governmental entity. 25 26 27 28 electronic communications, telegraphic communications, or any document containing a recording, transcription, summary or description or identifying the time, place, subject matter, medium of transmission and/or participants in the transmission. h. Person includes both natural persons and legal entities, without limitation, Any document bearing marks, including without limitation, initials, stamped initials, comments, or notations not a part of the original text or photographic reproduction thereof, is a separate document. g. Communication means and refers to any transmission of information, in any of any kind, and all other data compilations from which information can be obtained and translated if necessary, that are or have been in your actual or constructive possession, custody or control, regardless of the medium on which they are produced, reproduced, or stored (including without limitation computer programs and files containing any requested information), and any recording or writing, as these terms are defined in Rule 1001 of the Federal Rules of Evidence.

form, via any medium, including, without limitation, documents incorporating, summarizing or describing the contents of the transmission, meetings and discussions, telephone conversations,

including all predecessors in interest, groups, associations, partnerships, corporations, agencies,

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i.

Relating to and relate to mean and include affecting, concerning, constituting,

dealing with, describing, embodying, evidencing, identifying, involving, providing a basis for, reflecting, regarding, respecting, stating or in any manner whatsoever pertaining to that subject. j. The words any, all, and each shall be construed to mean any, all, each, and

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 o. 25 26 27 28 numbered requests below is privileged or immune from discovery as work product or unanswerable in full for any reason, you should answer the request to the extent that the Whenever you claim that any document or thing responsive to any of the Standard. n. Essential Wireless IPR means any Wireless IPR that has been declared to be 330,234, and KR 273,973; and Australian Patent Nos. AU 765,735, AU 2005239657, AU 722,598, AU 751,376, AU 2005213087, AU 2005202512, and AU 2006241621. l. Wireless Standard means cellular telecommunications standards or other every. k. IPR means intellectual property rights, including patents and patent

applications, including without limitation European Patent Nos. EP 1,005,726, EP 1,114,528, EP 1,188,269, EP 1,478,136, EP 1,357,675, EP 1,714,404, and EP 1,720,373; Japanese Patent Nos. JP 4,642,898 and JP 4,299,270; Korean Patent Nos. KR 933,144, KR 922,975, KR 913,900, KR

wireless data communications standards, including, but not limited to, the following ETSI and 3GPP standards: (1) GSM; (2) GPRS; (3) EDGE; and (4) UMTS. m. Wireless IPR means any IPR held by Samsung relating to any Wireless

essential to practice any Wireless Standard; that has been alleged to be essential to practice any Wireless Standard; or that is essential, technically or competitively, to practice any Wireless Standard.

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document or thing is not withheld on such grounds and provide, within ten (10) days after objections based on privilege to the underlying requests are due, a list providing the number of the particular document or thing withheld, and the full identification of any withheld document, thing, or portions there of including:

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (F) (A) (B) (C) (D) (E) its date; the author(s)/sender(s); the recipient(s), including copy recipient(s); the general subject matter of the document; the specific grounds for not answering in full, including the nature of the privilege (e.g., attorney-client privilege, work product) or other rule of law relied upon to withhold the document or thing, and the facts supporting those grounds; and a certification that all elements of the claimed privilege have been met and not waived with respect to each document.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST NO. 1

Requests for Documents and Things

All documents that grant or granted, or purport or purported to grant, to Qualcomm any rights, protections, or licenses in or to any Samsung IPR including without limitation Samsung Wireless IPR, regardless of whether it is Essential Wireless IPR that provide or provided a covenant not to sue relating to any Samsung IPR, or that otherwise authorize or authorized Qualcomm to practice any Samsung IPR, including, but not limited to, all agreements, amendments, appendices, attachments, schedules, and addendums. REQUEST NO. 2 For each document produced in response to Request No. 1, all non-privileged Communications with Samsung relating to that document, including Communications regarding the negotiation of the document and any Communications regarding any efforts to terminate any rights, protections, licenses, covenants not to sue, or other authorization provided by the document.

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