EXHIBIT 1

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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

Case No. l5-CV-11236 (TLL) (PTM) 

Honorable Thomas L. Ludington 

Mag. Judge Patricia T. Morris 

JURY TRIAL DEMANDED 

HEMLOCK SEMICONDUCTOR 

CORPORATION, 

Plaintiff, 

V. 

KYOCERA CORPORATION, 

Defendant. 

KYOCERA CORPORATION 

Counterclaimant, 

V. 

HEMLOCK SEMICONDUCTOR 

CORPORATION, 

Counterdefendant. 

KYOCERA CORPORATION'S 

REQUEST FOR PRODUCTION OF DOCUMENTS 

TO HEMLOCK SEMICONDUCTOR CORPORATION, SET ONE 

PROPOUNDING PARTY: Defendant and Counterclaimant KYOCERA 

CORPORATION 

RESPONDING PARTY: Plaintiff and Counterdefendant HEMLOCK 

SEMICONDUCTOR, CORPORATION 

SET NO.: One 

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Pursuant to Rules 34 and 26 of the Federal Rules of Civil Procedure, Local 

Rule 26.1, and the Practice Guidelines for Judge Thomas L. Ludington, Defendant 

and Counterclaimant Kyocera Corporation hereby requests that Plaintiff and 

Counterdefendant Hemlock Semiconductor Corporation produce the following 

documents and tangible things at the offices of Brooks Wilkins Sharkey & Turco, 

PLLC 401 S. Old Woodward, Suite 400 within thirty days of service of these 

requests. 

DEFINITIONS 

As used herein, the following terms are intended to have the meanings 

indicated: 

1. The terms "YOU", "YOUR", "PLAINTIFF" or "HEMLOCK" shall 

mean Hemlock Semiconductor Corporation and/or Hemlock Semiconductor, LLC 

and (0 all of its agents, representatives, employees, officers, members, 

accountants, investigators, consultants, attorneys, and predecessors or successors in 

interest; (ii) any other person or entity acting on its behalf or on whose behalf it 

acted; and/or (iii) any other person or entity otherwise subject to its control or 

which controls it, or with which it is under common control. 

2. The term "DEFENDANT" or "KYOCERA" refers to Defendant and 

Counterclaimant Kyocera Corporation and its officers, agents, employees, 

representatives and predecessors in interest. 

3. The term "COMMUNICATION" refers to any exchange or transfer of 

information between two or more persons or entities, whether written, oral, 

electronic, or in any other form. 

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4. The term "COMPLAINT" shall mean the Complaint and any 

amended Complaints filed by YOU in this action. 

5. The terms "CONCERNING," "CONCERN" or "REGARDING" 

include referring to, alluding to, responding to, evidencing, relating to, connected 

with, commenting upon, in respect of, about, regarding, discussing, showing, 

describing, reflecting, analyzing, touching upon, constituting, or being. 

6. The term "DATE" shall mean the exact day, month and year, if 

ascertainable, or, if not, the best available approximation, including relationship to 

other events. 

7. The term "DISCLOSE" means to identify, describe, explain, reveal, 

demonstrate, show, display, exhibit, illustrate, exemplify, refer to, or relate to. 

8. The term "DOCUMENT" is defined to be synonymous in meaning 

and equal in scope to the usage of this term in Federal Rule of Civil Procedure 

34(a). A draft or non-identical copy is a separate document within the meaning of 

this term. The term "DOCUMENT" or "DOCUMENTS" shall further mean 

anything discoverable under Federal Rule of Civil Procedure 34(a), including but 

not limited to any tangible thing upon which any expression, communication or 

representation has been recorded by any means including, but not limited to, 

handwriting, typewriting, printing, photostatting, photographing, magnetic 

impulse, or mechanical or electronic recording and any non-identical copies 

(whether different from the original because of notes made on such copies, because 

of indications that said copies were sent to different individuals than were the 

originals, or because of any other reason), including but not limited to working 

papers, preliminary, intermediate or final drafts, correspondence, memoranda, 

charts, notes, records of any sort of meetings, invoices, financial statements, 

financial calculations, diaries, reports of telephone or other oral conversations, 

desk calendars, appointment books, audio or video tape recordings, microfilm, 

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microfiche, computer tape, computer disk, computer printout, computer card, 

electronic mail, and all other writings and recordings of every kind that are in 

YOUR actual or constructive possession, custody or control. 

9. The term "IDENTIFY" when used in reference to a person means to 

provide the following information: 

a. Full name; 

b. Present or last known address; and 

c. Present or last known telephone number. 

10. The term "IDENTIFY" when referring to a fact or facts means to 

state with particularity and in detail all facts and information about the 

circumstances YOU know or are informed and believe, including (as applicable) 

who was involved, what was involved, when it occurred, where it occurred and 

how it occurred. 

11. "PERSON" or "PERSONS" means, unless otherwise specified, any 

natural person, firm, entity, corporation, partnership, proprietorship, association, 

joint venture, other form of organization or arrangement, and government and 

government agency of every nature and type. 

12. The phrases "REFERRING TO," "RELA1LD TO" and "RELATING 

TO," as used herein, include, but are not limited to, the following meanings: 

bearing upon, concerning, constituting, discussing, describing, evidencing, 

identifying, in connection with, pertaining to, respecting, regarding, responding to, 

or in any way logically or factually relevant to the matter described in the request 

13. The terms "AND" and "OR" are not intended to be read disjunctively, 

but rather conjunctively unless the context of a particular request clearly indicates 

otherwise. "OR" should be understood to include and encompass "AND"; and 

"AND" should be understood to include and encompass "OR." 

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14. "ANY" or "EACH" should be understood to include and encompass 

"ALL." 

15. "ADVANCE PAYMENTS" means advance payments made by 

KYOCERA or any other LTA CUSTOMER, such as the ADVANCE 

PAYMENTS described in Section 6 of AGREEMENT IV or any comparable 

clause in any LONG TERM SUPPLY AGREEMENT. 

16. "AGREEMENT I" means the long-term supply agreement between 

KYOCERA and HEMLOCK dated August 30, 2005. 

17. "AGREEMENT II" means the long-term supply agreement between 

KYOCERA and HEMLOCK dated June 21, 2006. 

18. "AGREEMENT III" means the long-term supply agreement between 

KYOCERA and HEMLOCK dated July 18, 2007. 

19. "AGREEMENT IV" means the long-term supply agreement between 

KYOCERA and HEMLOCK dated November 13, 2008. 

20. "AGREEMENT I SIGNATURE DATE" means August 30, 2005. 

21. "AGREEMENT II SIGNATURE DATE" means June 21, 2006. 

22. "AGREEMENT III SIGNATURE DATE" means July 18, 2007. 

23. "AGREEMENT IV SIGNATURE DATE" means November 13, 

2008. 

24. "BP SOLAR" means BP Solar International, Inc., a Delaware 

Corporation and/or any of its officers, directors, employees, corporate parents, 

subsidiaries, affiliates, or predecessors-in-interest. 

25. "CHINA" means the People's Republic of China. 

26. "CHINESE GOVERNMENT" means the Chinese State, including 

any governmental entity in China (including local and national governmental 

agencies and regulators), the Communist Party of China, and any entities that 

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directly or indirectly control, or are controlled by any governmental entity in 

China. 

27. "CHINESE OFFICIALS" means any official or officials acting 

directly or indirectly on behalf of the CHINESE GOVERNMENT. 

28. "CORNING" means Corning Incorporated and/or any of its officers, 

directors, employees, corporate parents, subsidiaries, affiliates, or predecessors-ininterest. 

29. "DEMANDS FOR ASSURANCES" means demands for assurance of 

performance including demands made under MCLA § 444.2609, or any other 

provisions of the MCLA or the Uniform Commercial Code. 

30. "DOW" means Dow Chemical Co, and/or any of its officers, 

directors, employees, corporate parents, subsidiaries, affiliates, or predecessors-ininterest. 

31. "DOW CORNING" means Dow Corning Corporation and/or any of 

its officers, directors, employees, corporate parents, subsidiaries, affiliates, or 

predecessors-in-interest. 

32. "FORCE MAJEURE EVENT" means any event or events that may 

fall within the force majeure clauses, Section 19 of AGREEMENT IV, or Section 

19 of Agreement III and/or any events that are similar to or RELATED TO the 

events described as force majeure events in KYOCERA'S ANSWER AND 

COUNTERCLAIMS. 

33. "GLOBAL SUN" means Global Sun Limited, Isofoton S.A., and/or 

any of the officers, directors, employees, corporate parents, subsidiaries, affiliates, 

or predecessors-in-interest of either. 

34. "GLOBAL SUN LITIGATION" means all litigation between 

GLOBAL SUN and HEMLOCK regarding any LONG TERM SUPPLY 

AGREEMENT. 

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35. "GREEN ENERGY TECHNOLOGY" means Green Energy 

Technology, Inc., Tatung Co. of America, Inc., and/or any of its officers, directors, 

employees, corporate parents, subsidiaries, affiliates, or predecessors-in-interest. 

36. "GREEN ENERGY TECHNOLOGY LITIGATION" means all 

litigation between GREEN ENERGY TECHNOLOGY and HEMLOCK regarding 

any LONG TERM SUPPLY AGREEMENT. 

37. "INTERNATIONAL TRADE COMMISSION" means United States 

International Trade Commission. 

38. "ITC PARTIES" means any persons or entities that have been parties 

to proceedings initiated before, or considered by, the INTERNATIONAL TRADE 

COMMISSION RELATING TO the SOLAR INDUSTRY. 

39. "KYOCERA ANSWER AND COUNTERCLAIMS" means the 

answer and counterclaims filed by KYOCERA on or about July 10, 2015 (Dkt. No. 

9) and any amended answers or counterclaims filed by KYOCERA in this action. 

40. "LONG TERM SUPPLY AGREEMENTS" or "LTA" means 

agreements in which any party agreed to purchase polysilicon from HEMLOCK 

over a period of more than three years. 

41. "LTA CUSTOMER" means any party that agreed to purchase 

polysilicon from HEMLOCK in a LONG TERM SUPPLY AGREEMENT. 

42. "MOFCOM" means Ministry of Commerce, People's Republic of 

China. 

43. "SETTLEMENT AGREEMENT" means any agreement purporting to 

resolve a legal, commercial, or financial dispute between parties. 

44. "SOLAR INDUSTRY" means industries associated with the 

production, manufacture, distribution, sale, purchase, or installation of SOLAR 

MATERIALS. 

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45. "SOLAR MATERIALS" means polysilicon, photovoltaic cells, solar 

panels, or any other materials used in the manufacture of devices that generate 

energy from sunlight. 

46. "SOLAR MANUFACTURING LITIGATION" means all litigation 

between HEMLOCK and any entities regarding a LONG TERM SUPPLY 

AGREEMENT. 

47. "SOLAR WORLD" means Solar World AG, Solar World Americas 

Inc., Deutsche Solar GmbH, Deutsche Solar AG, and/or any of the officers, 

directors, employees, corporate parents, subsidiaries, affiliates, or predecessors-ininterest of any of them. 

48. "SOLAR WORLD LITIGATION" means all litigation between 

SOLAR WORLD and HEMLOCK regarding any LONG TERM SUPPLY 

AGREEMENT. 

49. "STANDSTILL AGREEMENT" means any agreement in which the 

parties agree or propose to agree to delay the assertion of any claim for a period of 

time. 

50. "TENNESSEE REPRESENTATIVES" means representatives of the 

state of Tennessee, any counties in Tennessee (including Montgomery County), 

any cities in Tennessee (including Clarksville, Tennessee), or any other 

governmental agency, or economic development agency or similar quasigovernmental agency in Tennessee. 

51. "TENNESSEE PLANT" means polysilicon production facilities that 

were built, operated, or otherwise affiliated with HEMLOCK in the state of 

Tennessee. 

52. "UNITED STATES GOVERNMENT" means any governmental 

entity in the United States of America (including government agencies and 

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(iv) have, as a practical matter, been able to use, inspect, examine, or copy the 

requested document when you have sought to do so; or (v) are able to lawfully use, 

inspect, examine, or copy the requested documents. 

6. If YOU are aware that a document or thing (or a group of 

documents or things) once existed, but has been destroyed, YOU are requested to 

specifically IDENTIFY such document or thing, when the document or thing was 

destroyed, the reason for such destruction, and the circumstances under which such 

destruction occurred. 

7. If any document or thing responsive to these requests was, but no 

longer is in your possession, custody or control, please IDENTIFY that document 

or thing and state whether any such document or thing: (a) is missing or lost; (b) 

has been destroyed; (c) has been transferred voluntarily or involuntarily; or (d) has 

been otherwise disposed of, and, in each instance, please explain in detail the 

circumstances surrounding any such disposition thereof. 

8. These requests require the production of documents either in the 

same form and same order as they are kept in the usual course of business, or 

organized and labeled to correspond with the particular demands set forth below. 

If YOU choose the former method, the documents are to be produced in the boxes, 

file folders, bindings or other containers in which the documents are found. The 

titles, labels, or other descriptions on the boxes, file folders, bindings or other 

containers are to be left intact. Hard-copy documents (notebooks, invoices, etc.) 

can also be produced as single-page, Bates labeled TIFF files accompanied by 

either a Concordance load file or similar file that gives the start and stop Bates 

range for each document provided that the organization of the documents (i.e. 

boxes, file folders, bindings or other containers) is reflected in meta data in the 

Concordance load file. 

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9. All e-mails should be immediately followed by all of their 

attachments and should include at least the following fields: From, To, CC, BCC, 

Subject, Attachments, and SENTDATE. All electronic documents, before being 

converted to single page TIFF images, should have any hidden text made visible, 

including, but not limited to, hidden rows or columns in spreadsheets. 

10. Documents should be produced as single-page, Bates labeled TIFF 

files accompanied by either a Concordance load file or similar file that gives the 

start and stop Bates range for each document, complete extracted or OCR text for 

each document in a single text file for each document, and the metadata listed in 

the table below. Metadata is an essential component of any electronic document. 

If YOU object to the production of any metadata, YOU are under a duty to 

preserve the following metadata until an agreement is reached regarding its 

production. 

Name Format Description 

BEGPRODBATE Text Beginning Production Number 

ENDPRODBATE Text Ending Production Number 

PROD VOLUME Text Production Volume (ex. MOFPD001) 

BEGPRODATT Text Beginning Production Family 

Number 

ENDPRODATT Text Ending Production Family Number 

CUSTODIAN Text If applicable, custodian or source 

information for the document 

PAGES Text Total page count per document 

FILENAME Text Document File Type 

FILEEXT Text File extension of original document 

TITLE Text Title of Document 

AUTHOR Text Author of Document 

LASTEDITEDBY Text Last User to Edit Document 

CREATEDATE MNI/DD/YYYY Document Created Date 

LASTMODDATE MMIDD/YYYY Document Last Modified Date 

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regulators) and any entities that directly or indirectly control or are controlled by 

any governmental entity in the United States of America. 

INSTRUCTIONS 

1. The use of the singular form of any word includes the plural and the 

use of any plural includes the singular. 

2. The use of a verb in any tense shall be construed as the use of a verb 

in all other tenses, wherever necessary to bring within the scope of the Request for 

Production all responses that might otherwise be construed to be outside the scope. 

3. These document requests are intended to cover any and all 

documents and things in YOUR global charge or possession as well as those 

subject to your custody or control, whether in your actual possession, at the office 

of your attorneys, or at any other place or in the possession of any other PERSON 

or entity subject to YOUR control. 

4. Your response to this inspection demand must respond separately to 

each numbered demand for inspection below by (i) a statement that you will 

comply with the particular demand and in whole or (ii) if you can only comply 

with the demand in part, a description of the documents that will be produced and a 

description of the portion of the demand that you are unable to comply with, (iii) a 

statement that you lack the ability to comply with the particular demand, or (iv) 

any objection to the particular demand. 

5. A document is deemed to be in your possession, custody, or control 

if it is (a) in your physical custody or (b) in the physical custody of any other 

person and you (1) own the requested document in whole or in part; (ii) have a right 

by contract, statute, or otherwise to use, inspect, examine, or copy the requested 

document on any terms; (iii) have an understanding, whether express or implied, 

that you may use, inspect, examine, or copy the requested document on any terms; 

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Name Format Description 

SENTDT MM/DDNYYY 

1-111:111M: SS Document Sent Date and Sent Time 

FILESIZE Text Document file size in bytes 

SUBJECT Paragraph Email Subject. 

FROM Paragraph Author of Email 

RECIPIENT Paragraph Recipient of Document 

CC Paragraph Copies 

BCC Paragraph BCC 

NIES SAGEID Paragraph Unique message identifier 

LOCATION Paragraph Location of where documents were 

collected 

MD5HASH Paragraph MD5HASH checksum for file 

11. Audio and video files, large spreadsheets, database files, and other 

documents that cannot be conveniently converted to single-page TIFFs should be 

produced in their native format with no alterations to the file name with an index 

assigning a single Bates number and confidentiality label to each document. If a 

single audio or video recording encompassing multiple pieces is produced (e.g., a 

movie DVD made from multiple chapters), one Bates number and confidentiality 

can be assigned to the CD, DVD, VHS, audiocassette, etc. 

12. If a Request asks for "documents sufficient to show," "documents 

sufficient to identify," or "documents sufficient to describe," some fact, activity, or 

circumstance and responsive documents are available in both English and a foreign 

language, both the English language and foreign language version of said 

documents shall be produced in accordance with the provisions of paragraph D 

above. 

13. In the event YOU are able to produce only some of the documents 

or things responsive to these requests within the allowed time, YOU are requested 

to produce the documents or things which can be produced, and to state the reason 

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for YOUR asserted inability to provide the remaining documents or things as 

explained in paragraph 4 above. Once the remaining responsive documents or 

things are obtained or available, those documents or things should be produced 

promptly at a mutually agreeable time. 

14. These Requests are propounded for the purpose of discovery and 

are not to be taken as waiving any objections which may be made at trial to the 

introduction of evidence on subjects covered by these Requests or as an admission 

of the relevance or materiality at trial of any of the matters covered by these 

Requests. 

15. You are under a continuous obligation to supplement your answers 

to these Requests under the circumstances specified in Fed. R. Civ. P. 26(e) and 

34. 

16. Should you refuse, on the grounds of attorney-client privilege, work 

product immunity or any other claimed privilege from production, to produce any 

document or tangible thing, then provide at the time of making said refusal a list of 

all such non-produced documents or things. As to any such document or thing, 

state the following: the basis upon which the claim of privilege is being asserted; 

the number of the request calling for its production; the DATE of the document; 

the name of each PERSON who signed or prepared the document; the name of 

each addressee and PERSON to whom the document or copies thereof were given 

or sent; a description of the general subject matter of the document; and 

identification of any document or other material transmitted with or attached to the 

document and the nature or character of the document or thing. 

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REQUESTS FOR PRODUCTION 

REQUEST FOR PRODUCTION NO. 1: 

ALL DOCUMENTS REFERRING TO CHINESE GOVERNMENT's 

support of the SOLAR INDUSTRY in CHINA from 2007 to present. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 1: 

REQUEST FOR PRODUCTION NO. 2: 

ALL DOCUMENTS RELATING TO ANY illegal acts of the CHINESE 

GOVERNMENT that are RELATED TO the SOLAR INDUSTRY. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 2: 

REQUEST FOR PRODUCTION NO. 3: 

ALL DOCUMENTS CONCERNING the SOLAR INDUSTRY in CHINA 

after the AGREEMENT I SIGNATURE DATE including, but not limited, internal 

reports AND analyses, external reports commissioned by YOU, CORNING, 

DOW, OR DOW CORNING, AND external reports by HEMLOCK OR thirdparty analysts. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 3: 

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REQUEST FOR PRODUCTION NO. 4: 

ALL COMMUNICATIONS with CORNING, DOW, OR DOW CORNING 

REGARDING ANY LONG TERM SUPPLY AGREEMENT. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 4: 

REQUEST FOR PRODUCTION NO. 5: 

ALL COMMUNICATIONS with CORNING, DOW, OR DOW CORNING 

REGARDING ANY LTA CUSTOMER. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 5: 

REQUEST FOR PRODUCTION NO. 6: 

ALL COMMUNICATIONS to OR from Joe Rinaldi, James G. Stutelberg, 

Andrew Tometich, Richard Doombos, Denise Beachy, James B. Flaws, OR 

Robert Hansen REGARDING KYOCERA. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 6: 

REQUEST FOR PRODUCTION NO. 7: 

ALL DOCUMENTS produced to HEMLOCK in the BP SOLAR 

LITIGATION, the SOLAR WORLD LITIGATION, the GLOBAL SUN 

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LITIGATION, the GREEN ENERGY TECHNOLOGY LITIGATION, OR ANY 

SOLAR MANUFACTURING LITIGATION. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 7: 

REQUEST FOR PRODUCTION NO.8: 

ALL DOCUMENTS produced to HEMLOCK in ANY litigation RELATED 

TO LONG TERM SUPPLY AGREEMENTS, CONCERNING the interpretation 

of, enforceability of, purpose of, unconscionability of, legality of, breach of, 

compliance with, OR impracticability OR impossibility of complying with ANY 

LONG TERM SUPPLY AGREEMENT. 

RESPONSE TO REQUEST FOR PRODUCTION NO.8: 

REQUEST FOR PRODUCTION NO. 9: 

ALL DOCUMENTS produced by HEMLOCK in the BP SOLAR 

LITIGATION, the SOLAR WORLD LITIGATION, the GLOBAL SUN 

LITIGATION, the GREEN ENERGY TECHNOLOGY LITIGATION, OR ANY 

SOLAR MANUFACTURING LITIGATION. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 9: 

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REQUEST FOR PRODUCTION NO. 10: 

ALL DOCUMENTS produced by HEMLOCK in ANY litigation 

RELATED TO LONG TERM SUPPLY AGREEMENTS CONCERNING the 

interpretation of, enforceability of, purpose of, unconscionability of, legality of, 

breach of, compliance with, OR impracticability OR impossibility of complying 

with ANY LONGTERM SUPPLY AGREEMENT. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 10: 

REQUEST FOR PRODUCTION NO. 11: 

ALL COMMUNICATIONS REGARDING ANY LONG TERM SUPPLY 

AGREEMENTS to OR from Joe Rinaldi, James G. Stutelberg, Andrew Tometich, 

Richard Doombos, Denise Beachy, James B. Flaws, OR Robert Hansen including 

but not limited to COMMUNICATIONS RELATED TO the interpretation of, 

enforceability of , purpose of, unconscionability of, legality of , breach of, 

compliance with, OR impracticability OR impossibility of complying with ANY 

LONG TERM SUPPLY AGREEMENT. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 11: 

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REQUEST FOR PRODUCTION NO. 12: 

ALL COMMUNICATIONS between ANY of HEMLOCK's customers 

AND HEMLOCK, DOW CORNING, DOW, OR CORNING REGARDING the 

acts of CHINESE companies OR the CHINESE GOVERNMENT AND are 

RELATED TO requests to change the terms of ANY LONG TERM 

AGREEMENT. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 12: 

REQUEST FOR PRODUCTION NO. 13: 

ALL DOCUMENTS RELATED TO YOUR strategy for managing LTA 

CUSTOMER complaints (including LTA CUSTOMER requests to renegotiate 

contracts) AND LTA CUSTOMER RELATIONSHIPS after the AGREEMENT 

III SIGNATURE DATE. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 13: 

REQUEST FOR PRODUCTION NO. 14: 

ALL DOCUMENTS REGARDING offers by YOU, OR requests by others, 

to renegotiate, modify, OR suspend performance of ANY LONG TERM SUPPLY 

AGREEMENT. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 14: 

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REQUEST FOR PRODUCTION NO. 15: 

ALL DOCUMENTS REGARDING changes OR modifications made to 

ANY LONG TERM SUPPLY AGREEMENT that lowered the gross price, net 

price, OR contracted quantity of ANY LONG TERM SUPPLY AGREEMENT 

after 2009. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 15: 

REQUEST FOR PRODUCTION NO. 16: 

ALL DOCUMENTS REGARDING assertions that ANY LONG TERM 

SUPPLY AGREEMENT is void, illegal, unenforceable, OR unconscionable. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 16: 

REQUEST FOR PRODUCTION NO. 17: 

ALL DOCUMENTS RELATED TO the United States Securities AND 

Exchange Commission's May 7, 2013 letter to James B. Flaws of Corning, Inc., 

attached hereto as Exhibit A. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 17: 

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REQUEST FOR PRODUCTION NO. 18: 

ALL DOCUMENTS REGARDING YOUR accounting of payments 

received from KYOCERA OR other LTA CUSTOMERS including, but not 

limited to, your financial statements after the AGREEMENT 1 SIGNATURE 

DATE. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 18: 

REQUEST FOR PRODUCTION NO. 19: 

ALL DOCUMENTS REGARDING YOUR efforts to expand YOUR 

capacity to produce polysilicon after the AGREEMENT I SIGNATURE DATE. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 19: 

REQUEST FOR PRODUCTION NO. 20: 

ALL DOCUMENTS REGARDING the cost of production for polysilicon 

ordered by KYOCERA. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 20: 

REQUEST FOR PRODUCTION NO. 21: 

ALL DOCUMENTS REGARDING YOUR efforts to sell the TENNESSEE 

PLANT. 

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RESPONSE TO REQUEST FOR PRODUCTION NO. 21: 

REQUEST FOR PRODUCTION NO. 22: 

ALL DOCUMENTS REGARDING YOUR efforts to build the 

TENNESSEE PLANT, including but not limited to DOCUMENTS REGARDING 

the cost of building the TENNESSEE PLANT. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 22: 

REQUEST FOR PRODUCTION NO. 23: 

ALL DOCUMENTS REGARDING YOUR decision to close the 

TENNESSEE PLANT, reduce production at ANY other polysilicon plants, OR 

otherwise produce less polysilicon than you previously intended. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 23: 

REQUEST FOR PRODUCTION NO. 24: 

ALL DOCUMENTS REGARDING YOUR strategies, plans, OR efforts to 

enforce LONG TERM SUPPLY AGREEMENTS including, but not limited to, 

DOCUMENTS REGARDING the renegotiation of some LONG TERM SUPPLY 

AGREEMENTS OR ANY subsequent plans to stop renegotiating LONG TERM 

SUPPLY AGREEMENTS. 

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RESPONSE TO REQUEST FOR PRODUCTION NO. 24: 

REQUEST FOR PRODUCTION NO. 25: 

ALL DOCUMENTS REGARDING ANY requests by HEMLOCK, DOW 

CORNING, CORNING, OR DOW that ANY LONG TERM SUPPLY 

AGREEMENT customer OR other third party communicate with ANY CHINESE 

OFFICIALS. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 25: 

REQUEST FOR PRODUCTION NO. 26 

ALL DOCUMENTS supporting OR RELATED TO the statements made by 

Robert D. Hansen in the July 20, 2012 press release attached as Exhibit C to the 

KYOCERA ANSWER AND COUNTERCLAIMS. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 26: 

REQUEST FOR PRODUCTION NO. 27 

ALL DOCUMENTS supporting OR RELATED TO the statements made by 

YOU in the press release attached as Exhibit D to the KYOCERA ANSWER AND 

COUNTERCLAIMS, including but not limited to, all DOCUMENTS RELATED 

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TO layoffs, AND reduced production as a result of industry oversupply, 

international trade disputes. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 27: 

REQUEST FOR PRODUCTION NO. 28 

ALL DOCUMENTS supporting OR RELATED TO the statements made by 

YOU in press release attached as Exhibit E to the KYOCERA ANSWER AND 

COUNTERCLAIMS, including but not limited to the statement that "Our 

Polysilicon segment, the Hemlock Semiconductor Group, continued its strong 

performance in 2014 despite the lack of progress in resolving the U.S. AND China 

trade disputes plaguing the solar industry." 

RESPONSE TO REQUEST FOR PRODUCTION NO. 28: 

REQUEST FOR PRODUCTION NO. 29 

ALL DOCUMENTS RELA'T'ED TO the HEMLOCK STRATEGIES 

discussed in Exhibit F to KYOCERA'S ANSWER AND COUNTERCLAIMS. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 29: 

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REQUEST FOR PRODUCTION NO. 30 

ALL DOCUMENTS supporting OR RELATED TO the statements made 

regarding HEMLOCK AND the SOLAR INDUSTRY in Exhibits G AND H to the 

KYOCERA ANSWER AND COUNTERCLAIMS. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 30: 

REQUEST FOR PRODUCTION NO.31 

ALL DOCUMENTS supporting OR RELATED TO the statements made by 

YOU in the press release attached as Exhibit I to the KYOCERA ANSWER AND 

COUNTERCLAIMS, including but not limited to, ALL DOCUMENTS 

RELATED TO the closing of the "Tennessee Manufacturing Facility as a Result of 

Industry Oversupply, International Trade Disputes." 

RESPONSE TO REQUEST FOR PRODUCTION NO.31: 

REQUEST FOR PRODUCTION NO. 32: 

ALL COMMUNICATIONS with TENNESSEE REPRESENTATIVES 

REGARDING YOUR plans to build the TENNESSEE PLANT. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 32: 

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REQUEST FOR PRODUCTION NO. 33: 

ALL DOCUMENTS REGARDING forecasts of worldwide solar grade 

polysilicon supply OR demand. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 33: 

REQUEST FOR PRODUCTION NO. 34: 

ALL DOCUMENTS REGARDING forecasts of HEMLOCK'S capacity to 

manufacture solar grade polysilicon that were made before the AGREEMENT III 

SIGNATURE DATE. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 34: 

REQUEST FOR PRODUCTION NO. 35: 

ALL DOCUMENTS evidencing polysilicon prices paid by ANY signatory 

to ANY LONG TERM SUPPLY AGREEMENT whose required payment, 

ordering, OR delivery commitments were modified at ANY time during the term 

of its LONG TERM SUPPLY AGREEMENT. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 35: 

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REQUEST FOR PRODUCTION NO. 36: 

YOUR financial statements (including but not limited to detailed profit 

AND loss statements AND detailed balance sheets) for every quarter between 

AGREEMENT I SIGNATURE DATE AND today. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 36: 

REQUEST FOR PRODUCTION NO. 37: 

ALL DOCUMENTS supporting ANY contention that KYOCERA is not 

entitled to exercise FORCE MAJEURE rights under AGREEMENT III. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 37: 

REQUEST FOR PRODUCTION NO. 38: 

ALL SETTLEMENT AGREEMENTS REGARDING ANY LONG TERM 

SUPPLY AGREEMENT, including but not limited to, SETTLEMENT 

AGREEMENTS between HEMLOCK AND BP SOLAR, SOLAR WORLD, 

GLOBAL SUN, GREEN ENERGY TECHNOLOGY, OR ANY LTA 

CUSTOMER. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 38: 

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REQUEST FOR PRODUCTION NO. 39: 

ANY STANDSTILL AGREEMENTS REGARDING ANY LONG TERM 

SUPPLY AGREEMENT, including but not limited to, ANY STANDSTILL 

AGREEMENTS between HEMLOCK AND BP SOLAR, SOLAR WORLD, 

GLOBAL SUN, GREEN ENERGY TECHNOLOGY, OR ANY LTA 

CUSTOMER. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 39: 

REQUEST FOR PRODUCTION NO. 40: 

ALL COMMUNICATIONS with INTERNATIONAL TRADE 

COMMISSION, ITC PARTIES, MOFCOM, the CHINESE GOVERNMENT, OR 

the UNITED STATES GOVERNMENT REGARDING the manufacture, 

assembly, distribution, use, OR sale of SOLAR MATERIALS IN CHINA. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 40: 

REQUEST FOR PRODUCTION NO. 41: 

ALL COMMUNICATIONS with TENNESSEE REPRESENTATIVES 

REGARDING the manufacture, assembly, distribution, use, OR sale of SOLAR 

MATERIALS IN CHINA. 

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RESPONSE TO REQUEST FOR PRODUCTION NO. 41: 

REQUEST FOR PRODUCTION NO. 42: 

ALL COMMUNICATIONS with GREEN ENERGY TECHNOLOGY, BP 

SOLAR, SOLAR WORLD, GLOBAL SUN, OR ANY LTA CUSTOMER 

REGARDING the manufacture, assembly, distribution, use, OR sale of SOLAR 

MATERIALS IN CHINA. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 42: 

REQUEST FOR PRODUCTION NO. 43: 

ALL COMMUNICATIONS with the INTERNATIONAL TRADE 

COMMISSION, ITC PARTIES, MOFCOM, the CHINESE GOVERNMENT, OR 

the UNITED STATES GOVERNMENT REGARDING the SOLAR INDUSTRY 

in CHINA AND its impact on the global solar industry. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 43: 

REQUEST FOR PRODUCTION NO. 44: 

ALL COMMUNICATIONS with TENNESSEE REPRESENTATIVES 

REGARDING the CHINESE GOVERNMENT. 

28 

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RESPONSE TO REQUEST FOR PRODUCTION NO. 44: 

REQUEST FOR PRODUCTION NO. 45: 

ALL COMMUNICATIONS with GREEN ENERGY TECHNOLOGY, BP 

SOLAR, SOLAR WORLD, GLOBAL SUN, OR ANY LTA CUSTOMER 

REGARDING the CHINESE GOVERNMENT. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 45: 

REQUEST FOR PRODUCTION NO. 46: 

ALL COMMUNICATIONS with the INTERNATIONAL TRADE 

COMMISSION, ITC PARTIES, OR the UNITED STATES GOVERNMENT 

REGARDING the CHINESE GOVERNMENT. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 46: 

REQUEST FOR PRODUCTION NO. 47: 

ALL DOCUMENTS submitted by OR on behalf of HEMLOCK in the trade 

proceeding before the MOFCOM that RELA I TO HEMLOCK'S efforts to 

market OR sell polysilicon in CHINA OR tariffs imposed on polysilieon sold OR 

marketed in CHINA. 

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RESPONSE TO REQUEST FOR PRODUCTION NO. 47: 

REQUEST FOR PRODUCTION NO. 48: 

ALL DOCUMENTS RELATED TO ANY payments made under ANY 

LONG TERM SUPPLY AGREEMENT that were not accompanied by an order for 

polysilicon including, but not limited to, ADVANCE PAYMENTS, "take-or-pay" 

payments, AND payments made pursuant to a judgment OR other order from a 

court, arbitration panel, OR other governmental, judicial, OR quasi-judicial 

authority. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 48: 

REQUEST FOR PRODUCTION NO. 49: 

ALL COMMUNICATIONS REGARDING DEMANDS FOR 

ASSURANCES sent to ANY LTA CUSTOMER. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 49: 

REQUEST FOR PRODUCTION NO. 50: 

ALL COMMUNICATIONS REGARDING ANY attempts by YOU OR and 

LTA CUSTOMER to repudiate ANY LONG TERM SUPPLY AGREEMENT. 

30 

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RESPONSE TO REQUEST FOR PRODUCTION NO. 50: 

REQUEST FOR PRODUCTION NO. 51: 

ALL COMMUNICATIONS REGARDING ANY attempts by YOU OR 

ANY LTA CUSTOMER to terminate ANY LONG TERM SUPPLY 

AGREEMENT. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 51: 

REQUEST FOR PRODUCTION NO. 52: 

ALL DOCUMENTS RELATED TO the end of James Stutelberg's 

employment with YOU. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 52: 

REQUEST FOR PRODUCTION NO. 53: 

James Stutelberg's personnel file. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 53: 

REQUEST FOR PRODUCTION NO. 54: 

ALL DOCUMENTS REFERRING TO lost business, damages OR other 

harm suffered by HEMLOCK, DOW CORNING, DOW, CORNING, OR ANY of 

31 

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HEMLOCK's customers as a result of the acts OR omissions of CHINESE 

competitors. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 54: 

REQUEST FOR PRODUCTION NO. 55: 

ALL COMMUNICATIONS between YOU AND DOW CORNING, DOW, 

OR CORNING regarding the SOLAR INDUSTRY in CHINA. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 55: 

REQUEST FOR PRODUCTION NO. 56: 

ALL DOCUMENTS RELATED TO meetings of the board of directors of 

HEMLOCK, DOW CORNING, DOW, OR CORNING in which KYOCERA was 

discussed including, but not limited to, agendas, meeting minutes, presentations, 

AND notes from those meetings. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 56: 

REQUEST FOR PRODUCTION NO. 57: 

ALL DOCUMENTS RELATED TO meetings of the boards of directors of 

HEMLOCK, DOW CORNING, DOW, OR CORNING from 2007 to present in 

which actions of the CHINESE GOVERNMENT RELATED TO the SOLAR 

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INDUSTRY in CHINA where discussed including, but not limited to, agendas, 

meeting minutes, presentations, AND notes from those meetings. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 57: 

REQUEST FOR PRODUCTION NO. 58: 

ALL DOCUMENTS RELATED TO meetings of the boards of directors of 

HEMLOCK, DOW CORNING, DOW, OR CORNING from 2007 to present in 

which the board discussed the closure of the TENNESSEE PLANT OR plans to 

slow OR stop construction of the TENNESSEE PLANT including, but not limited 

to, agendas, meeting minutes, presentations, AND notes from those meetings. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 58: 

REQUEST FOR PRODUCTION NO. 59: 

ALL DOCUMENTS RELATED TO YOUR OR DOW CORNING'S 

Antitrust AND Global Competition Policies. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 59: 

33 

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Dated: July 23, 2015 By: Is! William V. O'Connor 

Robert A. Hahn (P28193) 

Jungerheld, Hahn & Washburn, P.C. 

P.O. Box 6128 

Saginaw, MI 48608-6128 

Tel: (989) 790-0000 

Keefe A. Brooks 

Brooks@bwst-law.com 

Brooks Wilkins Sharkey & Turco, PLLC 

401 S. Old Woodward, Suite 400 

Birmingham, MI 48009 

Tel: (248) 971-1800 

David C. Doyle 

DDoyle@mofo.com 

M. Andrew Woodmansee 

MAWoodmansee@mofo.com 

William V. O'Connor 

WOConnor@mofo.com 

Morrison & Foerster LLP 

12531 High Bluff Drive 

San Diego, CA 92130-2040 

Tel: (858) 720-5100 

Attorneys for Defendant and 

Counterclaimant 

Kyocera Corporation 

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Exhibit A 

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UNITED STATES 

SECURITIES AND EXCHANGE COMMISSION 

WASHINGTON, D.C. 20549 

DIVISION OF 

CORPORATION n NANCE 

May 7, 2013 

Via E-mail 

Mr. James 13. Flaws 

Vice Chairman and Chief Financial Officer 

Corning Incorporated 

One Riverfront Plaza 

Corning, NY 14831 

RE: Corning Incorporated 

Form 10-K for the Year ended December 31, 2012 

Filed February 13, 2013 

File No. 1-3247 

Dear Mr. Flaws: 

We have reviewed your filing and have the following comments. We have limited our 

review to only your financial statements and related disclosures and do not intend to expand our 

review to other portions of your documents. In some of our comments, we may ask you to 

provide us with information so we may better understand your disclosure. 

Please respond to this letter within ten business days by providing the requested 

information or by advising us when you will provide the requested response. If you do not 

believe our comments apply to your facts and circumstances, please tell us why in your response. 

After reviewing the information you provide in response to these comments, we may 

have additional comments. 

Form 10-K for the Year Ended December 31.2012 

General 

1. Where a comment below requests additional disclosures or other revisions to be made, 

these revisions should be included in your future filings, including your interim filings, if 

applicable. 

Item 7. Management's Discussion and Analysis of Financial Condition and Results of 

Operations, page 17 

Results of Operations, page 19 

2. Please provide a more detailed analysis of the factors that impact your operations, 

including a complete discussion of known or anticipated trends that may continue to have 

1:15-cv-11236-TLL-PTM Doc # 73-2 Filed 02/26/16 Pg 37 of 39 Pg ID 3615
Mr. Flaws 

Coming. Incorporated 

May 7, 2013 

Page 2 

an impact on sales, profit margins, selling, general and administrative expenses, etc. 

Your discussion and analysis should provide investors with sufficient information to 

understand the historical trends and the expectations for the future as seen through the 

eyes of management. We noted the following issues with regard to your discussion: 

• On page 19 you disclose that sales in the Specialty Materials segment increased by 

double-digits due to the strong demand for Corning Gorilla Glass. On page 24 you 

disclose that within your Display Technologies segment retail demand for largersized LCD televisions drove a double-digit increase in volume. Describing your 

growth as "double digit" is ambiguous and could imply growth between 10% and 

99%. Please quantify percentages, rather than describing amounts as "double digit." 

■ On page 24 you disclose that the Display Technologies segment's decrease in net 

sales in 2012 reflects significant price declines which occurred in the fourth quarter of 

2011 and the first quarter of 2012. You further indicate the increase in volume 

resulting from retail demand for your larger-sized LCD televisions "slightly offset" 

the price declines. Please expand your disclosures to quantitatively describe the 

dollar impact that price and volume variances had on Display Technologies' net sales. 

• On page 25 you disclose that net sales for the Telecommunications segment were up 

slightly for 2012 as compared for 2011 and you disclose the contributing factors. 

Please quantify the impact of each contributing factor that you identify. 

■ On page 26 you disclose that net sales of the Environmental Technologies segment 

declined, in part, due to the negative impact of foreign exchange rate movements. 

Please quantify the impact that foreign exchange rates had on Environmental 

Technologies' net sales and results of operations. 

The above examples are only meant to highlight areas where additional information 

would have been beneficial to investors. Please address these comments as they relate to 

your consolidated and segment results of operations. Refer to Section 501.04 of the 

Financial Reporting Codification and SEC Release 33-8350 for guidance. Please show 

us in your supplemental response what the revisions will look like in future filings. 

Cash Flows, page 29 

2012 vs. 2011 

3. You indicate that a net positive change in working capital effected operating cash flow. 

Please expand your disclosures to discuss the material underlying components of working 

capital and the reasons for material changes in these components. In addition, please 

explain how the decrease in your accounts payable and other current liabilities from 2011 

to 2012 as reflected in your consolidated balance sheets resulted in $189 net cash 

provided by operations in 2012. 

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Mr. Flaws 

Corning Incorporated 

May 7, 2013 

Page 3 

Corning Incorporated Consolidated Financial Statements. page 45 

Note 20 Reportable Segments, page 83 

4. Please report the revenues from external customers for each product and service or each 

group of similar products. Refer to ASC 280-10-50-40 for guidance. 

5. We note that you have identified your Environmental Technologies reportable segment as 

being the result of the aggregation of two operating segments. In light of the significance 

of your Display Technologies segment, please confirm that you do not have operating 

segments underlying this reportable segment. In addition, in light of your discussion on 

page 33 regarding your goodwill impairment testing within the Specialty Metals segment, 

please confirm that the businesses you refer to do not meet the definition of an operating 

segment. Refer to ASC 280-10-50-1. Please provide us with a representative copy of 

your monthly CODM reporting packages as well as the financial information that you 

regularly provide to your Board of Directors. 

Dow Coming Corporation and Subsidiaries Consolidated Financial Statements,page 91 

Note 14 Deferred Revenue, page 112 

6. We note that under certain long-term product sales agreements, customers were obligated 

to purchase minimum quantities of product and make specified payments. Most of these 

product sales agreements extended over various periods and prior to 2012 the revenue 

associated with the agreements had been recognized using the average sales price over 

the life of the agreements. Under the average price methodology, differences between 

amounts invoiced to customers under the agreements and amounts recognized using the 

average price methodology were reported as deferred revenue in the consolidated balance 

sheets. After a series of amendments to the agreements in 2012, you concluded that 

future sales prices were no longer fixed and determinable and discontinued the use of the 

average price methodology. For the year ended December 31, 2012 and periods 

thereafter, the revenue associated with these product sales agreements is recognized using 

invoice-based pricing with a ratable recognition of existing deferred revenue amounts. 

Please address the following: 

• Provide us with a representative copy of the 2012 amended agreement. With 

reference to the specific terms of the amended agreement, provide support for your 

accounting. In this regard, please specifically identify the authoritative literature you 

are relying on to ratably recognize the existing deferred revenue amounts; 

▪ Quantify the amount of deferred revenue recognized in 2012 under this new 

accounting policy and show us how you determined the appropriateness of the 

amount to be recognized; and 

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