EXHIBIT D 

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

HEADWATER RESEARCH LLC

Plaintiff,

v.

SAMSUNG ELECTRONICS CO., LTD and 

SAMSUNG ELECTRONICS AMERICA, 

INC.,

Defendants.

Case No. 2:23-CV-00103-RSP

JURY TRIAL DEMANDED

DEFENDANTS’ SUPPLEMENTAL OBJECTIONS AND RESPONSES TO 

HEADWATER RESEARCH LLC’S FIRST SET OF INTERROGATORIES (NOS. 1, 6)

Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, Samsung Electronics 

America, Inc. (“SEA”) and Samsung Electronics Co., Ltd. (“SEC”) (collectively “Samsung”) 

hereby serves its Supplemental Objections and Responses to Headwater Research LLC’s 

(“Headwater”) First Set of Interrogatories (“Interrogatories”). The responses and objections are 

made in accordance with the Federal Rules of Civil Procedure and are based upon information 

presently available to “Samsung. These responses and objections are without prejudice to 

“Samsung’s right to use or rely on subsequently discovered information.

OBJECTIONS AND RESERVATIONS

Samsung incorporates by reference all of its objections and reservations from its Responses 

to Plaintiff’s First Set of Interrogatories (Nos. 1-10), dated November 14, 2023.

SPECIFIC OBJECTIONS AND RESPONSES

INTERROGATORY NO. 1:

Set forth all factual bases for, including identification of any documents or witnesses that 

you contend support, the Affirmative Defenses asserted in your Answer.

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FIRST SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 1 (January 12, 2024):

Samsung hereby restates and incorporates its General Objections and the specific 

objections set forth above. Subject to all Samsung’s objections, Samsung further responds to this 

Interrogatory as follows: 

Although this Interrogatory is still premature because Samsung’s motion to dismiss 

Headwater’s First Amended Complaint is still pending and Samsung is not required to file an 

answer, Samsung provides the following information:

Invalidity

Samsung incorporates its Invalidity Contentions, pursuant to P. R. 3-3 (served November 

30, 2023), including any amendments or supplements thereto. 

Samsung continues to diligently pursue third party discovery and supplement based on the 

same. As such, Samsung hereby identifies the following productions from OpenWave relating to, 

among other things, various systems that pre-date the Asserted Patents’ alleged inventions: 

OPENWAVE00000001- OPENWAVE00000425.

Discovery in this case has commenced and Samsung’s investigation is on-going. Samsung 

reserves the right to modify or supplement its responses as more information is discovered.

SECOND SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 1 (February 6, 

2024):

Samsung hereby restates and incorporates its General Objections and the specific 

objections set forth above. Subject to all Samsung’s objections, Samsung further responds to this 

Interrogatory as follows: 

Although this Interrogatory is still premature because Samsung’s motion to dismiss 

Headwater’s First Amended Complaint is still pending and Samsung is not required to file an 

answer, Samsung provides the following information:

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Invalidity

Samsung incorporates its Invalidity Contentions, pursuant to P. R. 3-3 (served November 

30, 2023), including any amendments or supplements thereto. 

Samsung continues to diligently pursue third party discovery and supplement based on the 

same. As such, Samsung hereby identifies the following productions from Nokia of America 

Corporation, Inc. relating to, among other things, various systems that pre-date the Asserted 

Patents’ alleged inventions: 

NOK000001-NOK000049.

Samsung further identifies the source code made available for review by Google LLC (“Google”) 

on February 1, 2024, as well as any forthcoming documents produced by Google, relating to, 

among other things, various systems that pre-date the Asserted Patents’ alleged inventions. 

Discovery in this case has commenced and Samsung’s investigation is on-going. Samsung 

reserves the right to modify or supplement its responses as more information is discovered.

INTERROGATORY NO. 2:

Describe in detail your awareness of the Asserted Patents, including when you first became 

aware of the Asserted Patents and any actions you have taken as a result of your awareness of the 

Asserted Patents.

RESPONSE TO INTERROGATORY NO. 2:

In addition to and without limiting the foregoing General Objections, which are 

incorporated by reference as though fully set forth herein, Samsung objects to this Interrogatory

as overly broad, unduly burdensome, and seeking the disclosure of information that is not relevant 

to this action or that is not relevant to any claim or defense of any party nor proportional to the 

needs of the case. Samsung objects to this Interrogatory as vague and ambiguous at least as to the 

phrases “awareness” and “actions you have taken as a result of your awareness.” Samsung objects 

to this Interrogatory to the extent it seeks information protected by the attorney-client privilege, 

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