EXHIBIT C

Case 2:23-cv-00352-JRG-RSP Document 83-3 Filed 09/05/24 Page 1 of 3 PageID #: 6126
12424 Wilshire Blvd.

Twelfth Floor

Los Angeles

California

90025

Tel 310.826.7474

Fax 310.826.6991

www.raklaw.com

Jason M. Wietholter

jwietholter@raklaw.com

January 4, 2024

Kate Dominguez

Gibson Dunn

200 Park Avenue

New York, N.Y. 10166

kdominguez@gibsondunn.com

Re: Headwater Research, LLC v. Verizon Communications Inc., et al., No. 23- cv-00352 (E.D. Tex.) 

Dear Ms. Dominguez:

I write concerning Verizon’s document production from December 21, 

2023, which is deficient because Verizon has failed to produce “[s]ource code, 

specifications, schematics, flow charts, artwork, formulas, or other documentation 

sufficient to show the operation of any aspects or elements of an Accused 

Instrumentality identified by the patent claimant in its P. R. 3-1(c).” P.R. 3-2.

Specifically, Verizon has failed to produce documents or things sufficient to show 

the operation of any aspects or elements of Verizon’s “[s]ervers, hardware, 

software, and services leased, owned, supported, and/or operated by Verizon 

comprising Verizon’s wireless network services functionality” which are accused 

of infringing Headwater’s Asserted Patents. Indeed, the only technical documents 

produced by Verizon relate to mobile phone operations, such as Verizon 

requirements documents.

As explained in my November 14, 2023, letter, Headwater’s infringement

charts attached to Headwater’s infringement contentions establish that the accused 

instrumentalities comprise “telecommunications service plans... provided through 

various network elements such as telecommunications base stations and cell sites, 

edge servers, and other telecommunications servers.” See Headwater’s Sept. 28, 

2023, Infringement Contentions, Exs. B and C. Further, Headwater indicated that 

“Verizon provides various network service plans to customers for purchase, 

including through the Verizon.com website as well as through Verizon-provided 

services such as its pre-paid mobile service category.” Id. Headwater’s 

infringement charts placed Verizon on notice, months ago, of the products

Headwater accuses of infringement in this case. See, e.g., Team Worldwide Corp. 

v. Acad., LTD, No. 2:19-CV-00092-JRG-RSP, 2020 WL 4601635, at *4 (E.D. Tex. 

Aug. 11, 2020); see also, e.g., Whipstock Servs., Inc. v. Schlumberger Oilfield 

Servs., No. 6:09-CV-113, 2010 WL 143720, at *2 (E.D. Tex. Jan. 8, 2010).

Case 2:23-cv-00352-JRG-RSP Document 83-3 Filed 09/05/24 Page 2 of 3 PageID #: 6127
Kate Dominguez

Gibson Dunn

January 4, 2024

Page 2

Please confirm that Verizon will produce documents or things sufficient to 

show the operation of any aspects or elements of Verizon’s servers, hardware, 

software, and services leased, owned, supported, and/or operated by Verizon 

comprising Verizon’s wireless network services functionality, including

telecommunications service plans provided through various network elements such 

as telecommunications base stations and cell sites, edge servers, and other 

telecommunications servers offered by Verizon by January 11, 2024, or provide 

your availability to meet and confer before then.

Regards,

/s/ Jason M. Wietholter

Jason M. Wietholter

Case 2:23-cv-00352-JRG-RSP Document 83-3 Filed 09/05/24 Page 3 of 3 PageID #: 6128