1) All COMMUNICATIONS between CRYTEK and DEFENDANTS, whether by e-mail, private messaging, or forum posts, exchange of media, or file transfer protocol, and all DOCUMENTS incorporating or referencing those COMMUNICATIONS, including but not limited to e-mail chains forwarding those COMMUNICATIONS in whole or in part or commenting on those COMMUNICATIONS.
2) To the extent not requested by the prior requests contained herein, all COMMUNICATIONS between Chris Roberts and Ortwin Freyermuth CONCERNING the PRODUCTS, any game engine including but not limited to CRYENGINE, or the formation of DEFENDANTS.
3) To the extent not requested by the prior requests contained herein, all DOCUMENTS and COMMUNICATIONS that refer to any game engine including but not limited to CRYENGINE.
4) All direct and indirect contracts and agreements between DEFENDANTS and Chris Roberts.
5) All direct and indirect contracts and agreements between DEFENDANTS and Ortwin Freyermuth.
6) All versions of source code, object code, or software associated with the PRODUCTS, including but not limited to versions contained in electronic work directories, shared drives, common directories, or libraries.
7) To the extent not requested by the prior requests contained herein, all DOCUMENTS that originated at CRYTEK, or are derived from DOCUMENTS that originated at CRYTEK, including by way of example CRYENGINE.
8) To the extent not requested by the prior requests contained herein, all DOCUMENTS CONCERNING any representations made by DEFENDANTS to any party regarding ownership of intellectual property in the PRODUCTS.
9) All DOCUMENTS or COMMUNICATIONS CONCERNING the Game License Agreement dated November 20, 2012, including but not limited to the Game License Agreement itself and any exhibits or amendments thereto.
10) All DOCUMENTS or COMMUNICATIONS CONCERNING the Licensing Terms Sheet dated October 6, 2012, including but not limited to the Licensing Terms Sheet itself.
11) To the extent not requested by the prior requests contained therein, all contracts or agreements between the DEFENDANTS and CRYTEK and all DOCUMENTS or COMMUNICATIONS CONCERNING those contracts or agreements.
12) All DOCUMENTS or COMMUNICATIONS CONCERNING requests for technology, source code, object code, software, animations, images, advice, information, or assistance from CRYTEK or its current or former employees, including but not limited to all COMMUNICATIONS from CRYTEK responding to any such requests.
13) All DOCUMENTS sufficient to identify and reflect the organizational structure of DEFENDANTS, including but not limited to company directories, and 4 the identification of corporate and/or business departments, whether formally or informally delineated, total number of employees, and each employee's title, job description, and reporting chain.
14) All DOCUMENTS or COMMUNICATIONS CONCERNING the corporate structure and relationship between and among
Cloud Imperium Games Corp.;
Roberts Space Industries Corp.;
Cloud Imperium Games, LLC;
Cloud Imperium LLC;
Cloud Imperium Rights, LLC,
Roberts Space Industries LLC,
Cloud Imperium Services, LLC,
Cloud Imperium Games Texas LLC,
Cloud Imperium Games UK Limited,
Cloud Imperium Rights LLC,
Foundry 42 Limited,
Gemini 42 Entertainment LLC,
Gemini 42 Productions, LLC,
Roberts Space Industries International Ltd., and
Twin Bros. GmbH, including but not limited to organizational charts.
15) All DOCUMENTS CONCERNING meetings of the board of directors, executives, or management team of DEFENDANTS at which CRYENGINE, CRYTEK, or CRYTEK's current or former employees were discussed.
16) All DOCUMENTS CONCERNING the ownership of the DEFENDANTS, including lists of past and present shareholders and their respective interests.
17) To the extent not requested by the prior requests contained herein, all DOCUMENTS CONCERNING the ownership interest of Chris Roberts in DEFENDANTS.
18) To the extent not requested by the prior requests contained herein, all DOCUMENTS CONCERNING the ownership interest of Ortwin Freyermuth in DEFENDANTS.
19) All COMMUNICATIONS CONCERNING (i) CRYTEK or (ii) any game engine including but not limited to CRYENGINE, between DEFENDANTS and any PERSONS or entities that have made any financial contribution (whether or not in exchange for any consideration) to support the development of the PRODUCTS.
20) A forensic copy of all past and present versions of DEFENDANTS' websites, including but not limited to
https://www.cloudimperiumgames.com and
https://www.robertsspaceindustries.com.
21) DOCUMENTS sufficient to identify the funds, contributions, or support provided to DEFENDANTS by any PERSONS or entities.
22) All DOCUMENTS CONCERNING the PRODUCTS that have been or are available online, including but not limited to video clips and uncut and original versions of video clips posted on DEFENDANTS' YouTube, Twitch, Twitter, Facebook, or other social media websites and applications.
23) To the extent not requested by the prior requests contained herein, all uncut and original versions of video clips that have been or are available online, including but not limited to the uncut and original version of the video clip available online at
.
24) To the extent not requested by the prior requests contained herein, all DOCUMENTS and COMMUNICATIONS CONCERNING the Star Citizen Kickstarter project located at
https://www.kickstarter.cormn/proje...g/star-citizen, or any other crowdfunding project CONCERNING the PRODUCTS.
25) Documents sufficient to identify each and every PRODUCT, including but not limited to the Star Citizen and Squadron 42 video games, specifically the dates of conception and the names and roles of any employees or contractors of DEFENDANTS involved in the development of each PRODUCT.
26) All manuals, instructions, and instructional material, design drawings or renderings, and technical DOCUMENTS or COMMUNICATIONS CONCERNING the PRODUCTS.
27) All DOCUMENTS or COMMUNICATIONS CONCERNING the marketing or publicity of each version of the PRODUCTS, including but not limited to press releases, product launch announcements, fact sheets, presentations, fundraising materials, sales literature, brochures, catalogs, trade letters, press releases, audio or video files, materials posted on internet websites and message boards, information prepared for electronics or gaming shows and conventions, and other marketing materials.
28) All DOCUMENTS and COMMUNICATIONS CONCERNING CRYENGINE, including but not limited to press releases, product launch announcements, fact sheets, presentations, fundraising materials, sales literature, brochures, catalogs, trade letters, press releases, audio or video files, materials posted on internet websites and message boards, information prepared for electronics or gaming shows and conventions, and other marketing materials.
29) All DOCUMENTS and COMMUNICATIONS CONCERNING any game engine, including but not limited to press releases, product launch announcements, fact sheets, presentations, fundraising materials, sales literature, brochures, catalogs, trade letters, press releases, audio or video files, materials posted on internet websites and message boards, information prepared for electronics or gaming shows and conventions, and other marketing materials.
30) To the extent not requested by the prior requests contained herein, all DOCUMENTS and COMMUNICATIONS CONCERNING DEFENDANTS' involvement with demonstrations, booths, presentations, and panels at electronics or gaming shows or conferences, including but not limited to any DOCUMENTS identifying attendees at each electronics or gaming show or conference.
31) To the extent not requested by the prior requests contained herein, all DOCUMENTS and COMMUNICATIONS CONCERNING the PRODUCTS.
32) All versions of source code (including but not limited to source code comments), object code, and software for each of the PRODUCTS, including but not limited to the Star Citizen and Squadron 42 video games.
33) All DOCUMENTS that reflect current or past revisions or additions to any and all versions of the source code for each of the PRODUCTS, including but not limited to the Star Citizen and Squadron 42 video games, specifically those DOCUMENTS that reflect the author of each revision or addition and the date on which each revision or addition was made.
34) All versions of source code (including but not limited to source code comments), object code, and software for CRYENGINE.
35) All versions of source code (including but not limited to source code comments), object code, and software for any game engine.
36) All DOCUMENTS that reflect current or past revisions or additions to any and all versions of the source code for CRYENGINE or any other game engine, specifically those DOCUMENTS that reflect the author of each revision or addition and the date on which each revision or addition was made.
37) All DOCUMENTS and COMMUNICATIONS CONCERNING any similarities or differences between the PRODUCTS and CRYENGINE, including without limitation any DOCUMENTS and COMMUNICATIONS regarding the testing thereof.
38) All DOCUMENTS and COMMUNICATIONS CONCERNING any similarities or differences between CRYENGINE and any other game engine, including without limitation any DOCUMENTS and COMMUNICATIONS regarding a comparison thereof.
40) To the extent not requested by the prior requests contained herein, DOCUMENTS sufficient to identify all source code repository system or software used by DEFENDANTS.
41) To the extent not requested by the prior requests contained herein, all source code, object code, or software containing a CRYTEK copyright notice.
42) To the extent not requested by the prior requests contained herein, all DOCUMENTS that reflect any efforts to remediate, rewrite, or clean room any of the PRODUCTS.
43) All DOCUMENTS and COMMUNICATIONS CONCERNING any game engine, netcode, or editor license for the PRODUCTS, including but not limited to the license agreement itself and any consideration paid.
44) All DOCUMENTS or COMMUNICATIONS CONCERNING any efforts or attempts by DEFENDANTS to obtain or utilize information, technology or know-how of CRYTEK.
45) All DOCUMENTS CONCERNING any investigation into whether DEFENDANTS possess or have used or disclosed materials that are, or that CRYTEK has asserted are, copyrighted or otherwise owned by CRYTEK.
46) All DOCUMENTS that identify and describe those PERSONS or entities that have or have had access to the PRODUCTS, including but not limited to Faceware Technologies. PERSONS and entities include but are not limited to suppliers, vendors, and visitors to DEFENDANTS' offices and displays or demonstrations at electronics or gaming shows or conventions, technicians, partners, consultants, and customers.
47) All DOCUMENTS that identify and describe those PERSONS or entities that 3 have or have had access to CRYTEK source code, object code, or software in DEFENDANTS’' possession, including but not limited to Faceware Technologies. PERSONS and entities include but are not limited to suppliers, vendors, visitors to DEFENDANTS' offices and displays or demonstrations at electronics or gaming shows or conventions, technicians, partners, consultants, and customers.
48) Documents sufficient to identify each employee of DEFENDANTS that was previously employed by CRYTEK, including but not limited to the name of that employee and their job responsibilities.
49) All DOCUMENTS and COMMUNICATIONS CONCERNING the departure of, or the recruitment, solicitation, interviewing, consideration for hire, or hiring of current or past employees of CRYTEK.
50) The employee or personnel file for Chris Roberts, Ortwin Freyermuth, Carl Jones, Sean Tracy, Hannes Appel]l, Francesco Riziero Di Mizio, Chris Nolan, Marco Corbetta, Carsten Wenzel, Christopher Raine, and Christopher Bolte including but not limited to any employment, confidentiality, non-compete, or non-disclosure agreements.
51) All DOCUMENTS, including but not limited to investment memoranda and proposals, CONCERNING the business and/or valuation of DEFENDANTS.
52) All DOCUMENTS, including but not limited to investment memoranda and proposals, CONCERNING the business and/or valuation of the PRODUCTS.
53) All DOCUMENTS, including but not limited to investment memoranda and proposals, CONCERNING the business and/or valuation of CRYTEK or CRYENGINE.
54) All federal or state tax returns filed by or on behalf of DEFENDANTS.
55) All quarterly or annual financial statements of DEFENDANTS.
56) All Competitive analysis of DEFENDANTS, CRYTEK, the video game engine market, or the video game market.
57) All DOCUMENTS and COMMUNICATIONS CONCERNING a license or agreement for any game engine, including but not limited to any license or agreement itself.
58) Documents sufficient to identify each version or iteration of agreements or contracts with the DEFENDANTS' past, present or potential suppliers, contractors and customers.
59) All DOCUMENTS CONCERNING business plans, forecasts, financial statements or analyses or projections of DEFENDANTS or the PRODUCTS.
60) Documents sufficient to determine DEFENDANTS' total profits and revenue, and profits and revenue derived from each of the PRODUCTS, for each fiscal year and quarter from inception to present.
61) Documents sufficient to identify costs incurred by DEFENDANTS to develop the PRODUCTS.
62) All DOCUMENTS CONCERNING the pricing or pricing plans for the PRODUCTS.
63) Documents sufficient to identify document preservation polices and/or 9 practices of DEFENDANTS, including but not limited to the policies and/or practices in relation to preservation of e-mail and electronically stored DOCUMENTS and COMMUNICATIONS.
64) All DOCUMENTS and COMMUNICATIONS CONCERNING Ortwin Freyermuth's representation of DEFENDANTS, including but not limited to DOCUMENTS and COMMUNICATIONS CONCERNING any conflict of interest arising from that representation.
65) All DOCUMENTS and COMMUNICATIONS CONCERNING Ortwin Freyermuth's representation of CRYTEK, including but not limited to DOCUMENTS and COMMUNICATIONS CONCERNING any conflict of interest arising from that representation.
66) To the extent not requested by the prior requests contained herein, all DOCUMENTS and COMMUNICATIONS CONCERNING the "Bugsmashers!" online video series, including but not limited to video clips and uncut and original versions of video clips.
67) To the extent not requested by the prior requests contained herein, all DOCUMENTS and COMMUNICATIONS CONCERNING the "Reverse Technology Transfer" provision of the Game License Agreement dated November 5 20, 2012, including but not limited to any DOCUMENTS and COMMUNICATIONS CONCERNING efforts by DEFENDANTS to comply or not comply with such provision.
68) To the extent not requested by the prior requests contained herein, an executable or compiled version of each of the PRODUCTS that has been released to the public.
69) To the extent not requested by the prior requests contained herein, all versions of any splash screen or credits screen used in the PRODUCTS.
Guess this is another one destined for the vaporware bit-bucket.
