EXHIBIT 5 

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02198-00091/14428311.2 1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

COBBLESTONE WIRELESS, LLC, 

Plaintiff,

v.

SAMSUNG ELECTRONICS CO., LTD., and

SAMSUNG ELECTRONICS AMERICA, 

INC.,

Defendants.

Civil Action No. 2-23-cv-00285-JRG-RSP

JURY TRIAL DEMANDED

INITIAL DISCLOSURES OF DEFENDANTS SAMSUNG ELECTRONICS CO., LTD. 

AND SAMSUNG ELECTRONICS AMERICA, INC.

Defendants Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. 

(collectively, “Samsung”) hereby make their initial disclosures under Federal Rule of Civil 

Procedure 26(a) and the Local Court Rules of the United States District Court for the Eastern 

District of Texas, and the Court’s Docket Control and Discovery Orders (Dkts. 30, 31). These 

disclosures are based upon current information reasonably available to Samsung. Samsung 

reserves the right to amend, clarify, and/or supplement the disclosures based on further 

investigation and discovery to the extent further disclosures are not mooted by discovery 

responses.

By providing these disclosures, Samsung does not represent that it is identifying every

witness, document, or tangible thing that may be relevant to the issues in this lawsuit, or on which 

Samsung may rely in support of its defenses. Nor does Samsung represent that the listed sources 

of information actually contain or possess relevant information. Samsung reserves the right to 

object to disclosure of any person, document, or thing on the basis of applicable privilege, the work 

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action or to indemnify or reimburse for payments made to satisfy the judgment. Samsung

expressly reserve the right to supplement its responses pursuant to Rule 26(e) of the Federal Rules 

of Civil Procedure as its investigation continues.

VI. Settlement Agreements 

Samsung is currently unaware of any applicable settlement agreement relevant to the 

subject matter of this action.

VII. Statement of Any Party to the Litigation

Samsung is currently unaware of any statements by any party to the litigation that were not 

included in the parties’ pleadings, documents filed with the Court, disclosures, and other 

documents served on the parties’ counsel.

VIII. Relevant Documents, Electronically Stored Information, 

and Tangible Things in Parties’ Possession, Custody, or Control

Pursuant to Rule 26(a)(1)(A)(ii), based on the information currently available, Samsung 

provides the following description by category and location of documents, data compilations, and 

tangible things in Samsung’s possession, custody, or control, or that are publicly available that 

Samsung may use to support its claims or defenses, unless solely for impeachment:

• Prior art to the Asserted Patents, including, but not limited to, U.S. and foreign 

patents and published patent applications, articles, presentations, proposals, product 

literature, products, and other materials;

• Documents relating to the unenforceability of the Asserted Patents;

• Documents relating to the accused products, including, but not limited to, 

documents concerning the design, development, and manufacturing of said 

products;

• Source code for the accused products;

• Documents relating to the sales and marketing of the accused products;

• Documents regarding relevant patent licenses and/or purchases;

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• Documents relating to licensing negotiations between Samsung and Cobblestone;

• Documents relating to ETSI, 3GPP standards issued by or considered by ETSI, IPR

policies adopted by ETSI, and development of various 3GPP standards;

• Documents relating to defenses, including failure to state a claim, noninfringement, 

invalidity and ineligibility, prosecution history estoppel and/or disclaimer, damages 

and cost limitation, actions of others, government sales, failure to mark, potential 

noncompliance with SSO rules and potential breach of FRAND obligations, license 

and/or exhaustion, no causation, no exceptional case, no willful infringement, 

implied license, unenforceability due to waiver, implied waiver, equitable estoppel, 

and unclean hands based on standards activities and/or other equitable remedies; 

and

• Any other relevant documents in Samsung’s possession.

In addition to the above-identified categories of documents, Samsung incorporates by

reference the categories of documents disclosed by Cobblestone in its Initial Disclosures and any

amended Initial Disclosures, and any documents identified by Cobblestone through discovery,

declaration, or other means. Samsung expressly reserves the right to supplement this response

under Rule 26(e) of the Federal Rules of Civil Procedure as more information becomes available.

All such documents are located at Samsung offices or at the offices of Samsung’s counsel

in this matter, Quinn Emanuel Urquhart & Sullivan, LLP. By providing this description, Samsung 

does not waive, but expressly preserves, any and all objections as to the relevance and admissibility 

of the documents. Samsung also states that, although they are not within Samsung’s possession 

custody or control, Samsung may use documents produced by Cobblestone or third parties in this 

action to support its claims or defenses.

IX. Damages Sought by the Parties

Samsung reserves the right to seek recovery of attorneys’ fees and costs in amounts to be 

determined at an appropriate stage. Cobblestone has yet to set forth or produce analysis and

documentation to support a damages computation. Samsung reserves the right to rely on a

damages expert at the time for expert disclosures, who may examine a computation of damages

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