Exhibit J
4826-4954-0088

IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

UNIFICATION TECHNOLOGIES LLC, 

 Plaintiff, 

v. 

MICRON TECHNOLOGY, INC.; MICRON 

SEMICONDUCTOR PRODUCTS, INC.; AND 

MICRON TECHNOLOGY TEXAS LLC, 

 Defendants. 

Civil Action No.: 6:20-cv-500-ADA 

NON-PARTY SILICON MOTION, INC.’S RESPONSES AND OBJECTIONS 

TO SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION

Pursuant to Rule 45 of the Federal Rules of Civil Procedure, Non-Party Silicon Motion, 

Inc. hereby responds and objects to the Subpoena to testify at a Deposition in a Civil Action (the 

“Subpoena”) served by Plaintiff Unification Technologies LLC (“Plaintiff”) as follows: 

PRELIMINARY STATEMENT 

1. These responses and objections are based on Silicon Motion, Inc.’s interpretation 

and understanding of the Subpoena and its investigation to date, its knowledge, and its belief. 

Silicon Motion, Inc. reserves the right to amend or supplement any portion of its objections and 

responses. 

2. Silicon Motion, Inc.’s responses and objections to the Subpoena are made solely 

for the purpose of and in relation to the above-captioned action (the “Action”) and on the express 

condition that such information shall not be used or disclosed for any other purpose. To the 

extent Silicon Motion, Inc. provides any information or testimony in response to the Subpoena, it 

will do so in accordance with the Stipulated Protective Order dated October 29, 2020 (Dkt. No. 

40). 
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3. Silicon Motion, Inc.’s responses and objections are made without waiving or 

intending to waive any objections, privilege, or other protection and shall not be considered a 

waiver of any objections, privilege, or other protection. 

GENERAL OBJECTIONS 

Silicon Motion, Inc. objects to the definitions, instructions, and topics for deposition 

(“Topics”) set forth in Exhibit A to the Subpoena as follows: 

1. Silicon Motion, Inc. objects to the Subpoena in its entirety and to each and every 

individually numbered Topics therein as unduly burdensome and oppressive on the grounds that 

Silicon Motion, Inc. is a non-party witness. Silicon Motion, Inc. further objects to the amount of 

notice given as unreasonable, inadequate, unduly burdensome, and oppressive given the scope of 

the Subpoena. Silicon Motion, Inc. further objects to this Subpoena because Silicon Motion, Inc. 

does not transact or has never transacted business with any party to this Action, including 

Defendants Micron Technology, Inc., Micron Semiconductor Products, Inc., and Micron 

Technology Texas LLC (collectively, “Micron”). 

2. Silicon Motion, Inc. objects to the deadlines set forth in the Subpoena as unduly 

burdensome and oppressive on the grounds they do not provide adequate time for Silicon 

Motion, Inc. to search for, locate, prepare, and produce witnesses for deposition. 

3. Silicon Motion, Inc. objects to the Subpoena, the “Instructions” to the extent they 

seek to impose obligations and demands upon Silicon Motion, Inc. beyond those contemplated 

by the Federal Rules of Civil Procedure, the applicable Local Rules, or any order or ruling by the 

Court in this case. 

4. Silicon Motion, Inc. objects to the Subpoena in its entirety and to each and every 

individually numbered Topic therein to the extent that it seeks information already obtained by 

Plaintiff or that it can obtain from sources that are more convenient, less burdensome, or less 

expensive. In particular, Silicon Motion, Inc. objects to the extent the Subpoena seeks 

information that can be obtained from the parties to this Action or which, by reason of public 
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filing, prior production, or otherwise, are already in Plaintiff’s possession or are readily 

accessible to Plaintiff. 

5. Silicon Motion, Inc. objects to the Subpoena to the extent it seeks information that 

is not in Silicon Motion, Inc.’s possession, custody, or control. In particular, Silicon Motion, 

Inc, objects to the Subpoena in its entirety and to each and every individually numbered Topic 

therein to the extent it seeks information that is within the control of Silicon Motion Technology 

Corp., which is a wholly separate entity incorporated in the Cayman Islands. The Subpoena is 

directed only to Silicon Motion, Inc. and to the extent Plaintiff seeks information from Silicon 

Motion Technology Corp., it should subpoena that entity. 

6. Silicon Motion, Inc. objects to the Subpoena in its entirety and to each and every 

individually numbered Topic therein to the extent it seeks the disclosure of information protected 

by any applicable privilege, including but not limited to the attorney-client privilege, commoninterest privilege, the work-product doctrine or immunity, or any other applicable privilege, 

immunity, protection, or exemption from discovery as outlined in the Federal Rules of Civil 

Procedure, Local Rules, any order or ruling by the Court in this case, and applicable law. 

Nothing contained in these objections is intended as, or shall in any way be deemed, a waiver of 

any attorney-client privilege, any work product protection, or any other applicable privilege or 

protection. To the fullest extent allowable under Federal Rule of Evidence 502 and any other 

applicable law, inadvertent disclosure of any such information shall not constitute a waiver of 

any privilege with respect to the information disclosed or the subject matter thereof, or a waiver 

of Silicon Motion, Inc.’s right to object to the use of any such information during trial or any 

subsequent proceeding or to demand the destruction of deletion of any such information so 

disclosed. 

7. Silicon Motion, Inc. objects to the Subpoena to the extent it seeks trade secrets, 

sensitive business information, or other information that is proprietary and/or confidential, 

including information deemed confidential pursuant to a confidentiality agreement or other 

arrangements or protected from production or disclosure pursuant to court order. Silicon 
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Motion, Inc. will not disclose information that is subject to confidentiality restrictions of a third 

party except in conformity with Silicon Motion, Inc.’s obligations to such third parties. 

8. Silicon Motion, Inc. objects to the Subpoena in its entirety and to each and every 

individually numbered Topic therein to the extent that it purports to require Silicon Motion, Inc. 

to draw subjective or legal conclusions, or is predicated on subjective or legal conclusions or 

arguments. Subject to and without waiving any objections, Silicon Motion, Inc. states that any 

response or provision of information in response to the Subpoena is not intended to provide, and 

shall not constitute or be construed as providing, an admission concerning any of the terms used 

in the Subpoena. 

9. Silicon Motion, Inc. objects to the Subpoena to the extent that it contains 

inaccurate, incomplete, or misleading descriptions of the facts, persons, relationships, and/or 

events underlying this Action. Silicon Motion, Inc. further objects to the Subpoena in its entirety 

to the extent that it assumes the existence of facts that do not exist or the occurrence of events 

that did not take place. The fact that Silicon Motion, Inc. is willing to provide responsive 

information or testimony does not constitute an admission that any Topic is proper, that the 

information it seeks is relevant or within the proper bounds of discovery, that the factual 

predicates stated in the Topic are accurate, or that similar Topic will be treated in a similar 

fashion. 

10. Silicon Motion, Inc. objects to the Subpoena to the extent that it is overbroad, 

unduly burdensome, not reasonably calculated to lead to the discovery of admissible evidence, 

not related to any party’s claim or defense, or not proportional to the needs of the case. 

11. Silicon Motion, Inc. objects to the Subpoena in its entirety and to each Topic to 

the extent that it is duplicative or cumulative, and objects to the Subpoena in its entirety and to 

each Topic to the extent that it is duplicative or cumulative of other discovery. 

12. Silicon Motion, Inc. objects to the terms “Silicon Motion, Inc.,” “You,” and 

“Your” as vague, ambiguous, overbroad, and unduly burdensome to the extent that it purports to 

encompass “any of its past and present affiliates, operating divisions, parent corporations, 
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subsidiaries, directors, officers, agents, employees, representatives, and all predecessors in 

interest.” Silicon Motion, Inc. further objects to this definition on the grounds that it purports to 

include “Silicon Motion Technology Corp.” This definition goes beyond Silicon Motion, Inc. 

and seeks the information and testimony from other entities and individuals. Silicon Motion, 

Inc. further objects to this definition to the extent it seeks information not within Silicon Motion, 

Inc.’s possession, custody, or control. The Subpoena is directed only to Silicon Motion, Inc. and 

if Plaintiff seeks information held by other entities or individuals, it should subpoena those 

entities. Silicon Motion, Inc. further objects to this definition to the extent it seeks information 

protected by any applicable privilege, including but not limited to the attorney-client privilege, 

common-interest privilege, the work-product doctrine or immunity, or any other applicable 

privilege, immunity, protection, or exemption from discovery. Silicon Motion, Inc. further 

objects to this definition to the extent it seeks information, the disclosure of which is prohibited 

by law, regulation, order of a court, or other authority of a foreign jurisdiction in which the 

information is located. Silicon Motion, Inc. further objects to the extent that the definition calls 

for a legal conclusion as to any proprietorship, joint venture, partnership, agency, employment, 

or affiliate relationship. Silicon Motion, Inc. will construe “Silicon Motion, Inc.,” “You,” and 

“Your” to mean Non-Party Silicon Motion, Inc. Silicon Motion, Inc. is responding to this 

Subpoena on its own behalf and not on behalf of any other person or entity. 

13. Silicon Motion, Inc. objects to the definition of “any references to a particular 

entity” as vague, ambiguous, overbroad, and unduly burdensome to the extent that it purports to 

encompass “that entity and all its divisions, departments, domestic and foreign subsidiaries, 

branches, parents, affiliates, domestic and foreign subsidiaries of parents, affiliates, partners, 

predecessors-in-interest, successors-in-interest, present and former officers, directors, managers, 

employees, consultants, agents, attorneys, accountants, representatives, entities acting in jointventure or partnership relationship with that particular entity, and all other persons or entities 

purporting to act on behalf of or in concert with that particular entity or any of its divisions, 

departments, subsidiaries, parents, affiliates, partners, branches, predecessors-in-interest, 
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successors-in-interest, present and former officers, directors, managers, employees, consultants, 

agents, attorneys, accountants, representatives.” Silicon Motion, Inc. is responding to this 

Subpoena on its own behalf and not on behalf of any other person or entity. 

14. Silicon Motion, Inc. objects to the definition of “and,” “and/or,” and “or” as 

vague, ambiguous, overbroad, unduly burdensome, and to the extent they impose obligations on 

Silicon Motion, Inc. that are different or broader than those set forth in the Federal Rules of Civil 

Procedure, applicable Local Rules, or any order or ruling by the Court in this case. Silicon 

Motion, Inc. will construe “and,” “and/or,” and “or” to have their normal meaning. 

15. Silicon Motion, Inc. objects to the definition of “any” as vague, ambiguous, 

overbroad, unduly burdensome, particularly with respect to the phrase, “not so as to permit the 

option of providing some requested documents, things, or information instead of others,” and to 

the extent they impose obligations on Silicon Motion, Inc. that are different or broader than those 

set forth in the Federal Rules of Civil Procedure, applicable Local Rules, or any order or ruling 

by the Court in this case. Silicon Motion, Inc. will construe “any” to have its normal meaning. 

16. Silicon Motion, Inc. objects to the definition of “relating to” as vague, ambiguous, 

overbroad, and unduly burdensome. Silicon Motion, Inc. further objects to the extent this 

definition purports to impose any obligations on Silicon Motion, Inc. that are different or broader 

than those set forth in the Federal Rules of Civil Procedure, applicable Local Rules, or any order 

or ruling by the Court in this case. Silicon Motion, Inc. will construe “relating to” to have its 

normal meaning. 

17. Silicon Motion, Inc. provides the following specific objections and responses 

subject to, and without waiving the foregoing General Objections, which are incorporated by 

reference into each response below: 

TOPICS FOR DEPOSITION 

TOPIC NO. 1 

 The corporate structure of Silicon Motion, including, but not limited to, the relationship 

between Silicon Motion, Inc. and any other entity related to Silicon Motion, Inc. 
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RESPONSE TO TOPIC NO. 1 

Silicon Motion, Inc. hereby incorporates by reference its Preliminary Statement and 

General Objections. Silicon Motion, Inc. objects to this Topic on the grounds that it seeks 

documents or information that Plaintiff can obtain from sources that are more convenient, less 

burdensome, or less expensive, including public sources of information. Silicon Motion, Inc. 

further objects to this Topic on the grounds that it is overbroad, unduly burdensome, not relevant 

to any party’s claim or defense, and not proportional to the needs of the case because Silicon 

Motion, Inc. is not a party to this Action and does not transact or has ever transacted business 

with any party to this Action. Silicon Motion, Inc. further objects to this Topic on the grounds 

that it is overly broad and unduly burdensome, not relevant to any parties’ claim or defense, and 

not proportional to the needs of the case insofar as it purports to encompass “any other entity 

related to Silicon Motion, Inc.” Silicon Motion, Inc. further objects to this Topic as vague and 

ambiguous, particularly with respect to the terms “corporate structure,” “relationship,” and 

“related to.” 

Subject to and without waiving these objections, Silicon Motion, Inc. responds that it will 

make reasonable efforts to produce the person most qualified to provide testimony on this Topic 

at a time and place in accordance with local and state COVID laws and regulations. 

TOPIC NO. 2 

 The facts and circumstances relating to any policy, agreement, contract, or procedure for 

sharing information or Documents between Silicon Motion, Inc. based in the U.S. and any 

Silicon Motion entity based in China or Taiwan. 

RESPONSE TO TOPIC NO. 2 

Silicon Motion, Inc. hereby incorporates by reference its Preliminary Statement and 

General Objections. Silicon Motion, Inc. further objects to this Topic on the grounds that it is 

overbroad, unduly burdensome, not relevant to any party’s claim or defense, and not proportional 

to the needs of the case because Silicon Motion, Inc. is not a party to this Action and does not 

transact or has ever transacted business with any party to this Action. Silicon Motion, Inc. 
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4826-4954-0088

further objects to this Topic on the grounds that it is overly broad and unduly burdensome, not 

relevant to any parties’ claim or defense, and not proportional to the needs of the case insofar as 

it purports to encompass “any Silicon Motion entity based in China or Taiwan.” Silicon Motion, 

Inc. further objects to this Topic as vague and ambiguous, particularly with respect to the terms 

“circumstances,” “policy,” “procedure,” “sharing,” “between,” and the undefined term “Silicon 

Motion entity.” 

Subject to and without waiving these objections, Silicon Motion, Inc. responds that it will 

make reasonable efforts to produce the person most qualified to provide testimony on this Topic 

at a time and place in accordance with local and state COVID laws and regulations. 

TOPIC NO. 3 

 Whether any source code for any Silicon Motion product has ever been transferred or 

shared between Silicon Motion, Inc. based in the U.S. and any Silicon Motion entity based in 

China or Taiwan and the circumstances surrounding any such transfer. 

RESPONSE TO TOPIC NO. 3 

Silicon Motion, Inc. hereby incorporates by reference its Preliminary Statement and 

General Objections. Silicon Motion, Inc. further objects to this Topic on the grounds that it is 

overbroad, unduly burdensome, not relevant to any party’s claim or defense, and not proportional 

to the needs of the case because Silicon Motion, Inc. is not a party to this Action and does not 

transact or has ever transacted business with any party to this Action. Silicon Motion, Inc. 

further objects to this Topic on the grounds that it is overly broad and unduly burdensome, not 

relevant to any parties’ claim or defense, and not proportional to the needs of the case insofar as 

it purports to encompass “any Silicon Motion entity based in China or Taiwan.” Silicon Motion, 

Inc. further objects to this Topic on the grounds it seeks trade secrets, sensitive business 

information, and other information that is proprietary and/or confidential. Silicon Motion, Inc.’s 

business activities, including its product development is confidential and constitutes a trade 

secret; all information related to its product development is highly proprietary and has always 

been treated as trade secrets by Silicon Motion, Inc. Disclosure of any such information would 
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directly and severely harm Silicon Motion, Inc. Silicon Motion, Inc. further objects to this Topic 

as vague and ambiguous, particularly with respect to the terms “source code,” “produce,” 

“transferred,” “shared,” “circumstances,” “surrounding,” and the undefined term “Silicon Motion 

entity.” 

Subject to and without waiving these objections, Silicon Motion, Inc. responds that it will 

make reasonable efforts to produce the person most qualified to provide testimony on this Topic 

at a time and place in accordance with local and state COVID laws and regulations. 

TOPIC NO. 4 

 The facts and circumstances relating to any control of Silicon Motion, Inc. based in the 

U.S. by any other Silicon Motion entity. 

RESPONSE TO TOPIC NO.4 

Silicon Motion, Inc. hereby incorporates by reference its Preliminary Statement and 

General Objections. Silicon Motion, Inc. further objects to this Topic on the grounds that it is 

overbroad, unduly burdensome, not relevant to any party’s claim or defense, and not proportional 

to the needs of the case because Silicon Motion, Inc. is not a party to this Action and does not 

transact or has ever transacted business with any party to this Action. Silicon Motion, Inc. 

further objects to this Topic on the grounds that it is overly broad and unduly burdensome, not 

relevant to any parties’ claim or defense, and not proportional to the needs of the case insofar as 

it purports to encompass “any other Silicon Motion entity.” Silicon Motion, Inc. further objects 

to this Topic as vague and ambiguous, particularly with respect to the terms “circumstances,” 

“control,” and the undefined term “Silicon Motion entity.” 

Subject to and without waiving these objections, Silicon Motion, Inc. responds that it will 

make reasonable efforts to produce the person most qualified to provide testimony on this Topic 

at a time and place in accordance with local and state COVID laws and regulations. 

TOPIC NO. 5 

 Silicon Motion, Inc.’s general business activities, including, but not limited to, the goods 

and services provided by Silicon Motion, Inc. 
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RESPONSE TO TOPIC NO. 5 

Silicon Motion, Inc. hereby incorporates by reference its Preliminary Statement and 

General Objections. Silicon Motion, Inc. further objects to this Topic on the grounds that it is 

overbroad, unduly burdensome, not relevant to any party’s claim or defense, and not proportional 

to the needs of the case because Silicon Motion, Inc. is not a party to this Action and does not 

transact or has ever transacted business with any party to this Action. Silicon Motion, Inc. 

further objects to this Topic on the grounds that it is overly broad and unduly burdensome, as it 

necessitates seeks information that is not relevant to any parties’ claim or defense and not 

proportional to the needs of the case. Silicon Motion, Inc. further objects to this Topic on the 

grounds it seeks trade secrets, sensitive business information, and other information that is 

proprietary and/or confidential. Silicon Motion, Inc.’s business activities, including its product 

development is confidential and constitutes a trade secret; all information related to its product 

development is highly proprietary and has always been treated as trade secrets by Silicon 

Motion, Inc. Disclosure of any such information would directly and severely harm Silicon 

Motion, Inc. Silicon Motion, Inc. further objects to this Topic as vague and ambiguous, 

particularly with respect to the terms “general business activities,” “goods,” “services,” and 

“provided.” 

Subject to and without waiving these objections, Silicon Motion, Inc. responds that it will 

make reasonable efforts to produce the person most qualified to provide testimony on this Topic 

at a time and place in accordance with local and state COVID laws and regulations. 

Dated: September 2, 2021 Respectfully submitted, 

By: /s/ David J. Tsai 

David J. Tsai 

Pillsbury Winthrop Shaw Pittman LLP 

4 Embarcadero Center, 22nd Floor 

San Francisco, CA 94111 

Telephone: 415.983.1000 

Email: david.tsai@pillsburylaw.com 

Counsel for Non-Party Silicon Motion, Inc.
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CERTIFICATE OF SERVICE 

I hereby certify that on the 2nd day of September 2021, a true and correct copy of the 

foregoing document was served via email on: 

Edward Nelson III (ed@nbafirm.com) 

Jonathan H. Rastegar (jon@nbafirm.com) 

Robert A. Delafield II (bobby@nbafirm.com) 

NELSON BUMGARDNER ALBRITTON PC 

3131 West 7th Street, Suite 300 

Fort Worth, TX 76107 

Timothy E. Grochocinski (tim@nbafirm.com)

NELSON BUMGARDNER ALBRITTON PC 

15020 S. Ravinia Avenue, Suite 29 

Orland Park, IL 60462 

COUNSEL FOR PLAINTIFF 

UNIFICATION TECHNOLOGIES LLC

Katherine Kelly Vidal (kvidal@winston.com) 

Michael R. Rueckheim (mrueckheim@winston.com) 

Winston & Strawn LLP

275 Middlefield Road, Suite 205 

Menlo Park, CA 94025 

Natalie Terhune Arbaugh (narbaugh@winston.com) 

Thomas M. Melsheimer (tmelsheimer@winston.com) 

Qi (Peter) Tong (ptong@winston.com) 

Winston & Strawn LLP

2121 N. Pearl Street, Suite 900 

Dallas, TX 75201 

Vivek V. Krishnan (vkrishnan@winston.com) 

Winston & Strawn LLP

35 W. Wacker Drive 

Chicago, IL 60601 

COUNSEL FOR DEFENDANTS 

/s/ David J. Tsai 

David J. Tsai