HASBROvsATARI 52 1

Case 1:09-cv-00610-S -LDA Document 52-1 Filed 12/07/10 Page 1 of 44 PageID #:
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EXHIBIT 13
1140
UNITED STATES DISTRICT COURT FOR

TIIE DISTRICT OF RHODE ISLAND
HASBRO,INC., c.A. oe-610 (s)
Plaintiff
-against-
INFOGRAMES ENTERTAINMENT, S.A, AIHA

ATART, S.A.,
Defendant.
aTARr, SA.'S RESPONSES AND OBJECTIONS

T O PLATNTTFI' AìID COUNTERCLATM-DEF',ENDAI\T IIASBRO, INC.'S F'IRST
REOUEST X'OR THp PS.ODUCTION OF DOCTIMENTS
Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, defendant and
counterclaim-plaintiff Atari, SA ('Atari') hereby responds and objects to Plaintiff and
Counterclaim-Defendant Hasbro, Inc.'s First Request For the Production of Documents to Atari,
SA, dated September t5,2010 (the "Requests," each individual request contained therein, a
"Request"), as follows:
General RespoEtÊes and Obiectíons
A, Atari objects to the Requests to the extent they purport to impose upon Atari any
obligation greater than, or inconsistent with, that required by the Federal Rules of Civil
Procedure, any other applicable rules of this Court, or the common law.
B. Atari objects to the Requests to the extent they purport to impose an obligation on
any person or entþ other than "Atarf'as defined hereinabove.
C. Atari objects to the Requests to the extent they are vague, ambiguous, overly
broad, unduly burdensome, or oppressive.
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D. Atari objects to the Requests to the extent they purport to require the production
of documents that are not within Atari's possession, custod¡ or contol.
E. Atari objects to the Requests to the extent they seek inelevant matter not
reasonably calculated to lead to the discovery of admissible evidencç. Atari concedes neither the
relevancy, materiality, competency, nor admissibility as evidence of the various documents
requested in the Requests or documents produced in response to the Requests and,

.
norwithstanding any response or production made pursuant thereto, reserves its right to object to
the admissibility of any responses or documents produced pursuant to the Requests.
F. Atari objects to the Requests to the extent they seek documents that may be
obtained from another source that is more convenient, less burdensome, or less expensive.
G. Atari objects to the Requests to the extent they seek privileged information
(including, without limitation, infonnation that was developed for or in anticipation of litigation
or which constitutes or reflEcts attomey work-product or confìdential attorney-client
communications) or information that is otherwise inrnwre from compelled disclosure.
Privileged information and docurnents will not be produced. Furthermorg any inadvertent
production of any privileged information or document is not intended to relinquish any such
privilege and shall not be deemed to be a waiver of any applicable privilege.
H. Atari's responses to individual Requests are subject to and without waiver of the
foregoing General Responses and Objections, which are incorpo¡ated into each response as
though ñrlly set forth therein. To the extent certain of the General Responses and Objections are
restated in a specific response, they are restated because they are particularly applicable to the
specific Request and their restatement shall not be constued as a waiver of any other of the
General Responses and Objections applicable to matter falling within the scope of the particular
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Request.
L In addition to the General Responses and Objections set forth above, Atari will
also state specific objections to the Requests where appropriate. By setting forth such specific
objecti'ons, Atari does not intend to limit or resbict the applicability of any of the General
Responses and Objections. To the extent Atari responds to a specific Request, stated objections
are not waived by providing responses. In addition, the inadvertent disclosure of privileged
information shall not constitute a waiver of any applicable privilege
J. In providing responses to the Requests, Atari does not in any way waive or intend
to waive, but rather intends to preserve and is presewing, each of the following:
(a) All objections to the competency, relevancy, materiality

and admissibility
of the Requests, the responses herein, any documents that Atari produces
in response to the Requests, and the subject matter(s) of any of the
foregoing;
(b) All objections as to the vagueness, ambiguity, or other infïrmity in the

form of the Requests and any objections based on the r¡ndue burden
imposed by the Requests;
(c) All rights to object on any ground to the use of the respQnsesherein, any
documents that Atari produces in response to the Requests, or the subject
matte(s) of any of the foregoing, at any subsequent proceeding, including
the trial of this matter, or in any other action;
(d) All rights to object on any ground to any further discovery request or any
other discovery request involving or relating to the subject matter of the
Requests;
(e) The right at any time to revise, modiff, clarifu, and/or supplement any of
the responses to the Requests prior to hial;
(Ð Any and all privileges and/or rights under the Federal Rules of Civil
Procedure or other applicable rules of this Court or the common law,
including, but not limited to, the attomey-client privilege, the work
product doctrine, or any other applicable legal privilege against compelled
disclosure; and
(g) Any and all objectionspreviously asserted.
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K. Atari objects to the form of production for electronically stored information set
forth in Instruction Numbers 5, 6,7, and 8 in the Requests. Atari is amenable to díscussing with
opposing counsel reasonable me¿urs of producing any requested electronically stored documents
that Atari agrees to produce in response to the Requests.
L. Atari specifically objects to Instruction Number 8 to the extent it purports to
impose upon Atari any obligation greater than, or inconsistent v/ith, that required by the Federal
Rules of Civil Procedure, any other applicable rules of this Court, or the common law, including,
but not limited to, any obligation to produce or make available for inspection any document or
matter that is not related to issues relevant to this litigation or that is otherwise not reasonably
calculated to lead to the discovery of relevant, admissible evidence.
M, Atari objects to kstn¡ction Number l0 to the Requests to the extent it purports to
require Atari to speculate as to the existence or identþ of documents that are not currently in
Atari's possession, custody, or control.
N. Any statement in any response herein that Atari will produce non-privileged
documents is not an aclcrowledgment or admission that any such documents exist or are in the
procession, custody, or control ofAtari.
O. Atari reserves the right at any time to revise, correct, modify, supplement, or
clarifu any of the responses herein, or to supply additional or different information contained in
these responses, if and when other or more accu¡ate information is obtained.
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Specific Responses and Obtçctions
RCqUEStNOI. AII DOCUMENTS thAt RELATE TO ATARI'S LICENSED

ACTIVITIES, including but not limited to the creation, design, development, manufacturing,
licensing, sublicensing, development, marketing, salg distribution, wholesaling, customer
support, or accor.mting of or foi D&D GAI\4ES.
. Rçsponqg: Atari incorporates each of the General Objections set forth above into this
response as if fully articulated herein. In addition; Atari specifically objects to this Request on
the grounds that (i) it is vague and ambiguous; (ii) it is overbroad and r:nduly burdensome; (iii) it
calls for the production of documents that are not relevant to the issues, claims, or defenses
asserted in this action and/or is not reasonably tailored to the issues in dispute in this actior¡ as
the broad topic of "all documents that relate to Atari's Licensed Activities" includes matters that
are irot in dispute in this action; (Ð it calls for tbe production of documents that are not
reasonably calculated to lead to the discovery of admissible evidence; and (v) it calls for the
production of documents containing trade secrets or confidential or proprietary business
information not germane to the issues, claims, or defenses asserted in this action.
Atari does not intend to produce any documents specifically in response to this Request
as it is w¡itten,
Request No 2. All DOCUMENTS that RELATE TO ATARI'S strategies,

approaches, plans, expectations, decisions, and choices in performing iæ obligations
r.¡nder the LICENSE AGREEMENT and in conducting LICENSED ACTIVITIES.
Response: Atari incorporates each of the General Objections set forth above into this
response as if fully articulated herein, In addition, Atari specifically objects to this Request on
the grounds that (i) it is vague and ambiguous; (ii) it is overbroad and unduly burdensome; (iii) it
asserted in this action and/or is not reasonably tailored to the issues in dispute in this actioq as
the broad topic of"Atari's shategies, approaches, plans, expectations, decisions, and choices in
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perforning its obligations under ttre License Agreement" includes matters that are not in dispute
in this action; (iv) it calls for the production of documents that are not reasonably calculated to
lEad to the discovery of admissible evidence; and (v) it calls for the production of documents
containing trade secrets or confidential or proprietary business infonnation not ggfmane to the
issues, claims, or defenses asserted in this action.
Atari does not intend to produce any documents specifïcally in response to this Request
as it is written.
Re{gest No 3. All DOCTIMENTS that RELATE TO decision-making responsibility

for all matters that RELATE TO ATARI'S LICENSED ACTIVITIES or to D&D, including, but
not limited to, organiz.ation charts and job descriptions.
response as if fully articulated herein. In addition, Atari specifrcally objects to this Request on
asserted in this action; (Ð it calls for the production of documents that are not reasonably
calculated to lead to the discovery of admissible evidence; and (v) it calls for the production of
documents containing trade secrets or confidential or proprietary business information not
germane to the issues, claims, or defenses asserted in this action,
Subject to and without waiving the aforementioned general and specifïc objections, Atari
will produce for inspection and copying all non-privileged documents resporsive to this Request,
if any, in its possession, custody, or controf that Atari is able to locate after a reasonable and
diligent search ofrelevant files.
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Request No 4. All DOCUMENTS that RELATE TO ATARI'S sublicensing of

rights under the LICENSB AGREEMENT.
response as if fully articulated herein. In addition, Atari specifically objects to this Request on
the grounds that (Ð it is vague and ambiguous; (ii) it is overbroad and unduly burdensome; (iii) it
asserted in this action and/or is not reasonably tailored to the issues in disputo in this action as
the broad topic of "Atari's sublicensing of rights under the License Agreemenf includes matters
that are not in dispute in this action; (iv) it calls for the production of documents that are not
rêasonably calculated to lead to the discovery of admissible evidence; and (v) it calls for the
production of documents containing trade secrets or conftdential or proprietary business
information not germane to the issues, claims, o¡ defenses asserted in this action.
as it is written.
Request No 5. All COMMUMCATIONS between ATARI and DISTRIBUTION

PARTNER,S RELATING TO D&D.
Respgnse_: Atari incorporates each of the General Objections set forth above into this
the grounds that (i) it is vague and ambiguous; (ü) it is overbroad and unduly burdensome; (iii) it
asserted in this action and/or is not reasonably tailored to the issues in dispute in this action, as
the broad topic of "communications between Atari and Distribution Partners relating to D&D"
includes matte¡s that are not in dispute in this action; (iv) it calls for the production of documents
that are not reasonably calculated to lead to the discovery of admissible evidence; and (v) it calls
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for the production of documents containing trade secrets or confidential or proprietary business
as it is written.
RCqUCSt NO 6. AlI COMMLINICATIONS bEtWEEN ATARI ANd NAMCO

RELATING TO D&D.
the broad topic of "communications between Atari and Namco relating to D&D" includes
matters that are not in dispute in this action; (iv) it calls for the production of docurnents that'are
not reasonably calculated to lead to the discovery of admissible evidence; and (v) it calls for the
Atari does not intend to produce any documents specificaliy in response to this Request
as it is written.
RequestNo 7. All COMMTINICATIONS between DISTRIBUTION PARTNERS

and NAMCO RELATING TO D&D,
response as if fully articulated herein. In additioq Atari specifically objects to this Request on
the grounds that (i) it is vague and ambiguous; (ü) it is overbroad and unduly burdensome; (iii) it
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the broad topic of "cornmunications between Disfibution Partners and Namco relating to D&D"
includes matters that are not in dispute in this action; (iv) it calls for the production of documents
for the production of documents containing trade secrets or confidential or proprietary business
as it is written
Request No 8. All COMMLJMCATIONS that RELATE TO HASBRO, D&D,

DISTRIBUTION PARTNERS, oTNAMCO, including bur not limited to CoMMUNICATIoNS
between ATARI and any sublicensee or potential sublicensee under the LICENSE
AGREEMENT (inoluding but not limited to TURBINE, MICROSOFT, EA, PERFECT
WORLD, and CRYPTIC).
Resnonse: Atari incorporates each of the General Objections set forth above into this
response as if ñrlly articulated herein. In addition, Atari specifically objects to this Request on
the grounds that (Ð it is rrague and ambiguous; (ii) it is overbroad and unduly burdensome; (iii) it
calls for the production of documents that are not relevant to the iszues, claims, or defenses
asserted in this action and/or is not reasonably tailored to the issues in dispute in this actiorL as
the broad topic of "communications that relate to Hasbro, D&D, Distribution Partnets, or
Namco" includes matters that are not in dispute in this action; (iv) it calls for the production of
documents that are not reasonably calculated to lead to the discovery of admissible evidence; and
(v) it calls for the production of documents containing trade secrets or confidential or proprietary
business information not germane to the issues, claims, or defenses asserted in this action.
as it is written.
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4çquestI{o9. All COMMUNICATIONS that RELATE TO ATARI'S

valuation of the rights conveyed by the LICENSE ACREEMENT.
Responsq: Atari incorporates each of the General Objections set forth above into this
response as if firlly articulated herein. In addition, Atari specifically objects to this Request on
the grounds that (i) it is vague and anrbiguous; (ii) it is overbroad and unduly burdensome; (iii) it
asserted in this action; (tÐ it calls for the production of documents that are not reasonably
documents containing tade secrets or confidential or proprietary business information not
germane to the issues, claims, or defenses asserted in this action.
Subject to and without waiving the aforementioned general and qpecific objections, Atari
will produce for inspection and copying all non-privileged documents responsive to this Request,
if any, in its possession, crutody, or control, that Atari is able to locate after a reasonable and
Request No 10. All DOCUMENTS that RELATE TO anyproposal, offer, idea, plan, or
response to sell the rights conveyed by the LICENSE AGREEMENT back to HASBRO, or for
HASBRO to buy the rights conveyed by the LICENSE AGREEMENT back from ATARI.
calls for the production of documents that are not ¡elevant to the issues, claims, or defenses
asserted in this action; (lÐ it calls for the production of documents that aro not reasonably
documents containing tade secrets or confïdential or proprietary business hformation not
gennane to the issues, claims, or defenscs asserted in fhis action.
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Subject to and without waiving the aforementioned general and specific objections, Atari
if any, in its possession, custody, or control, that Atari is able to locate after a reasonable and
Request No 11. Atl COMMTINICATIONS that RELATE TO the potential sale of the
rights conveyed by the LICENSE AGREEMENT back to HASBRO.
response as if fi:lty articulated herein. In addition, Atari specifically objects to this Request on
germane to the issues, claims, or defenses asserted in this action.
if any, in its possession, custod¡ or contro[ that Atari is able to locate after a reasonable and
diligent search ofrelevant files,
Rg.ggest Ng 12., AIl DOCUMENTS that RELATE TO any damages claim by

ATARI against I-IASBRO, inoluding the allegation in the ANSWER that "Atari is entitled
to recover from Hasbro damages in an amount to be determined at trial, but in an amount
not less than $100 million, together with interest thereon, costs and experìses, including
attomeys'fees."
response as if fully articulated herein. In additio4 Atari specifically objects to this Request on
the grounds that (Ð it is vague and ambiguous; (ü) it is overbroad and unduly burdensome; (iii) it
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calls for, in part, the production of documents that are not relevant to the issues, claims, or
defenses asserted in ttris action; (iv) it calls for, in part, the production of documents that are not
reasonably calculated to lead to the discovery of admissible evidence; and (v) it calls for the
if an¡ in its possessior¡ custody, or control, that Atari is able to locate after a reasonable and
Request No 131 All DOCUMENTS, including but not limited to meeting notes and
minutes, ttrat REL¡.TE TO meetings, conversations, or communicative exchanges of any kind of
any committee, group, or individuals (including but not limited to meetings of the board of
directors) within ATARI or between ATARI and a non-ATAR[ entity or individual that RELATE
TO D&D, thE LICENSE AGREEMENT, LICENSED ACTTVTTIBS, D&D GAMES,
DISTRIBUTION PARTNERS, or NAlvlCO.
ResÞonse: Atari incorporates each of the General Objections set forth above into ttris
calls for the production of documents that are not relevant to the iszues, claims, or defenses
the broad topic of "all documents . . , that relate to meetings, conversations, or communicative
exchanges of any kind . . . within Atari or between Atari and an non-Atari entity or individual
that relate to D&D, the License Agreement, Licensed Activities, D&D Games, Distibution
Partners, or Namco" includes matters that are not in dispute in this action; (Ð it calls for the
production of documents that are not reasonably calculated to lead to the discovery of admissible
evidence; and (v) it calls fo¡ the production of documents containing trade secrets or confidential
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or propdetary business information not germane to the issues, claims, or defenses asserted in this
action.
as it is written.
Reqgest No 14. All DOCUMENTS that RELATE TO ATARI'S policies conceming

the retention and/or desbr¡ction of DOCUMENTS, including policies conceming retention,
storage, and deletion of emails, and the fecovery of electronic data in case of disaster.
BesW: Atari will produce for inspection and copying all non-privileged
documents responsivè to this Request, if any, in its possession, custod¡ or control that Atari is
able to locate after a¡easonable and diligent search of relevant files.
Request No 15. All DOCTIMENTS that RELATE TO ATARI'S policies concerning

computer usage by employees inside and outside of ATARI'S offices, including, but not limited
to, policies conceming use of instant messasing, work stations, mobile and cellular phones,
personal digital assistants, laptop or notebook computers, netbooks, home computers, blogging,
chat rooms, or social networking.
Respqnse: Atari wilt produce for inspection and copying all non-privileged
documents responsive to this Request, if any, in its possession, custody, or contro! that Atari is
able to locate after a reasonable and diligent search ofrelevant frles.
Request No 16. All DOCUMENTS that contain or RELATE TO any admissions by a

party opponent.
Responsç: Atari notes that in its "Objections and Responses to Defendant and
Counterclaim-Plaintiff Atari S.A.'s First Request for the Production of Documents," dated
September 16,2OlO, Hasbro objected to Atari's sirnilar request for documents relating to airy
admission by a party opponent and stated that "Hasbro will produce no documents in response to
lAtari's] Requesf ' for such documents. (^See Response to Ata¡i Request No. 20.) Atari therefore
likewise objects to this Request ín its entirety and does not intend to produce any documents
specifically in response to this Request.
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Request No 17. Alt DOCUMENTS that RELATE TO the calculation of royalty

payments due to HASBRO under the LICENSE AGREEMENT'
ResÞonse: Atari incorporatçs each of the General Objections set forth above into this
response as if fully articulated herein- In addition, Atari specifically objects to this Request on
the grounds that (i) it is vague and ambiguous; (ii) it is overbroad and unduly burdensome; (üi) it
asserted in this action and/o¡ is not reasonably tailored to the issues in dispute in this actioq as
"the calculation of royalty payments due Hasbro under the License Agreement" is not an issue in
dispute in this action; (iv) it calls for the production of documents that are not reasonably
gemu¡ne to the issues, claims, or defenses asserted in this action.
Atari does not intend to produce any documents specifrcally in response to this Request.
Rçq+-estNol8. All COMMUNICATIONS that RELATE TO the paymen! non-

payment, oalculation, or delivery of royalty payrnents to HASBRO pursuant to the LICENSE
AGRSEMENT.
Response: Atari incotpotates each of the General Objections set forth above into this
response as if fi:lly articulated herein. In addition, Atari specifically objects to this Request on
the grounds that (Ð it is vague and ambiguous; (ii) it is overbroad and unduly burdçnsome; (üÐ it
"the payment, non-pa¡rment, caloulation, or delivery of royalty payments to Hasbro" is not an
issue in dispute in this action; (iv) it calls for the production of documents that are not reasonably
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gerrrane to the issues, claims, or defenses asserted in this action.
Atæi does not intend to produce any documents specifically in response to this Request.
Request No 19. All DOCUMENTS that RELATE TO any trademark application or

other assertion of intellectual property rights by ATARI with regard to "ICEWIND DALE."
calls for the production of documents that are not ¡elevant to the isques, claims, or defenses
asserted in this aotion; (Ð it calls for the production of documents that are not reasonably
germane to the issues, claims, or defenses asserted in this action,
diligent search ofrelevart files,
Reouest No 20. All DOCUMENTS that RELATE TO any tuademark application or

other assertion of intellectual property rights by ATARI over any piece of intellectual property
that is RELATED TO D&D.
Response: Atari incorporates each of the General Objections set forth above into
this response as if fully articulated herein. In addition, Atari specifically objects to this Request
on the grounds ttrat (i) it is vague and ambiguous; (ii) it is overbroad and unduly burdensome;
(iii) it calls for the production of documents that are not relevant to the issues, claims, or
defenses asserted in this action and/or is not reasonably tailored to the issues in dispute in this
action, as "any trademark application or other assertion of intellectual properly rights by Atari"
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other than that for the trademark "Icewind Dale," is not in dispute in this action; (iv) it calls for
the production of documents that are not reasonably calculated to lead to the discovery of
admissible evidence; and (v) it calls for the production of documents containing trade secrets or
confidential or proprietary business information not germane to the issues, claims, or defenses
asserted in this action.
solely as they relate to the hademark "Icewind Dale," if any, in its possession, custody, or
control, that Atari is able to locate after a reasonable and diligent search of relevant files.
Reqqe.st Ng 21. All DOCUMENTS that RELATE TO any request by ATARI for an
extension of time to file a statement of ATARI'S use of the ICETWIND DAIE trademark in
support of any trademark application.
response as if fully articulated herein. In addition, Aøri specifìcally objects to this Request on
documents containing fiade secrets or confidential or proprietary business information not
germane to the issues, claitns, or defenses asserted in this action.
if any, in its possession, custody, or conftol that Atari is able to locate after a reasonable and
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RequestNo 22. All DOCUMENTS that RELATE TO Kristen Keller's statement in

her March 2010 letter to'Kate Ross that "Moreove¡ we acquired certain rights to 'ICEWIND
DALE' in 2008, had a good faith belief at that time that Atari had a right to prosecute this
hademark, and you have given us no clea¡ chain of title to think otherwise."
Bqgpg.q_s,e: Atari incorporates each of the General Objections set forttr above into this
response as if fully articulated herein, In adlition, Atari specifically objects to this Request on
the grounds that (i) it is vague and arrbiguous; (ií) it is overbroad and unduly burdensome; (iii) it
asserted in this action; (Ð it calls for the production of documents that a¡e not reasonably
gennane to the issues, claims, or defenses asserted in this action.
wilt produce for inspection and copying all non-privileged documents responsive to this Request
Request No 23. Alt DOCUMENTS that RELATE TO any rights that ATARI acquired
or believed it had acquired in ICEWIND DALE in 2008 or at any other time.
response as if fully articulated herein. In addition" Atari specifically objects to this Request on
documents containing üade secrets or conflrdential or proprietary business information not
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gefinane to the issues, claims, or defenses assefed in this action'
if any, in its possession, custody, or confrol, that Atari is able to locate after a reasonable and
Request No 24. All DOCUMENTS that RELATE TO the disclosure to any

PERSON of any CONFIDENTIAL INFORMATION.
calls for the production of documents that are not ¡elevant to the issues, claims, or defenses
asserted in this aotion and/or is not reasonably tailored to the issues in dispute in this actioq as
the only purported "disclosure to any person of any Confidential Information" in dispute in this
action relates to alleged disclosure to Namco Bandai Partners ('Î'{BP"); (tÐ it calls for the
evidence; and (v) it calls for the production of documents containing trade secrets or confidential
or proprietary business inforrration not germane to the issues, claims, or defenses asserted in this
action,
Subject to and without waiving the afo¡ementioned general and specific objections, Atari
solely to the extent they relate to any disclosure by Atari to NBP of any Confidential
Informatior¡ if any, in its possession, custod¡ or conhol, that Atari is able to locate after a
reasonable and diligent search ofrelevant files.
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Request No 25. All DOCUMENTS that REI-ATE TO any steps taken to protect
CONfpBNfleI. IIFORMATION, including any ATARI policy regarding the handling of
CONFIDENTIAL INFORMATION.
tesponse as if fully articulated herein. In additiorU Atari specifically objects to this Request on
asserted in this action and./or is not reasonably tailored to the issues in dispute in this actior¡ as
the broad topic of "steps taken to protect Confidential Informationi' includes matters that are not
in dispute in this action; (Ð it calls for the production of documents that are not reasonably
documents containing frade sec¡ets or confidential or proprietary business infoniration not
geûnane to the issues, claims, or defenses asserted in this action.
solely to the extent they relate to NBP, if any, in its possession, custod¡ or control, that Atari is
able to locate after a reasonable and diligent search ofrelevant files.
Request No 26. All DOCUMENTS that RELATE TO the sale of any of ATARI'S
business interests or operations in Europe.
calls fo¡ the production of documents that are not relevant to the issues, claims, or defenses
asseÉed in this action and/or is not reasonably tailored to the issues in dispute in this actior¡ as
the broad topic of 'the sale of any of Atari's business interests or oporations in Europe" is not an
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issue in dispute in this action; (iv) it calls for the production of documents that are not reasonably
Atari does not intend to produce any documents specifrcally in response to this Request.
Request No 27. All DOCUMENTS that RELATE TO Deborah Uluer of HASBRO'S

¡uty t+, ZOO9 COlvtrvftlNICATION requesting more information about the sale of ATARI'S
business interests or operations in Europe, including DOCUMENTS that RELATE TO ATARI'S
response to that request.
teq)onse as if fully articulated herein. In addition, Atari specifrcally objects to this Request on
the grounds that (Ð it is vague and ambiguous, as the request for documents that'telate to" Ms.
Uluer's July 14, 2009 "communication" is confusing and unintelligible; (ii) it is overbroad and
unduly burdensome; (iii) it calls for the production of documents that are not relevant to the
issues, claims, or defenses asserted in this action; (1Ð it calls for the production of documents
for the production of documents containing tade secrets or confidential or proprietary business
solely to the extent they pertain to the sale, tansfer, or conveyance of Atari's interest in
Distribution Partners, and sotely as they relate to Atari's response to Ms. Uluer's July 14, 2009
"communication," if any, in its possessiorS custod¡ or control, that Atari is able to locate after a
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Request No 28. All DOCUMENTS that RELATE TO BLECHER'S August 7, 2009

COtr¡lrrttlNtCATION to WILSON requesting more information about the sale of ATARI'S
business interests or operations in Europe and the relationship between ATARI and NAMCO,
including DOCUMENTS that RELATE TO ATARI'S response to that lequest.
RespoE¡ie: Atari incorporates each of the General Objections set forth above into this
the grounds ttrat (Ð it is vague and anrbiguous, as the request for documents that "relate to" Mr.
Blecher's August Tr 2O0g "communication" is confusing and unintelligible; (iÐ it is overbroad
and unduly burdensome; (iii) it calls for the production of documents that are not relevant to the
issues, claims, or defenses asse¡ted in this action; (Ð it calls for the production of documents
for the production of documents containing frade secrets or confidential or proprietary business
information not germane to the iszues, claims, or defenses asserted in this action.
Subject to and without waíving the aforementioned general and specific objections, Atari
will produce for inspection and copying all non-priviteged documents responsive to this Request,
solely to the extent they pertain to the sale, Eansfer, or conveyance of Atari's interest in
Distribution Parbrers, and solely as they relate to Atari's response to Mr. Blecher's August 7,
2009 email, if any, in its possession, custody, or control, that Atari is able to locate after a
reasonable and diligent search ofrelevant files'
Request No 2?. All DOCITMENTS that RELATE TO the formation, sale,

or purchase of DISTRIBUTION PARTNERS'
Response: Atari incorporates each of the Gene¡al Objections set forth above into this
2t
1093394-l
1161
the broad topic of "the formation, sale, or purchase of Distribution Partners" includes maters that
are not in dispute in this action; (Ð it calls for the production of documents that are not
reasonably calculated to lead to the discovery of admissible evidence; (v) it calls for the
info¡mation not germane to the issues, claims, or defenses asse¡ted in this action; and (Ð it calls
for the production of documents that may be subject to non-disclosure and/or confidentiality
agreements with non-parties to this action.
wiil produce for inspection and copying all non-privileged documents responsive to this Request,
if any, in its possession, custody, or conftol, that Atari is able to locate after a reasonable and
diligent search of relevant files and that are not subject to any applicable confidentiality
agreement between Atari and any non-party to this litigatior¡
RequestNo3o. AU DOCUMENTS that RELATE TO any negotiations

between ATARI and NAMCO RELATING TO D&D.
Response.: Atari incorporates each of the General Objections set forth above into this
response as if firlly articulated herein. In addition, Atari specifrcally objects to this Request on
the grounds that (i) it is vague and ambiguous; (ii) it is overbroad and unduly burdensome; (üi) it
calls for the production of documents that are not relevarrt to the issues, claims, or defenses
asserted in this action and/or is not reasonably tailored to the issues in dispute in this action; (iv)
it calls for the production of documents that are not reasonably calculated to lead to the discovery
of admissible evidence; and (v) it calls for the production of documents containing trade secrets
or confidential or proprietary business information not gerrnane to the issues, claims, or defenses
22
1093394-l
1162
will produce for inspèction and copying all non-privileged documents responsive to this Request,
solely to the extent they relate to the sale or customer service for D&D Products, if any, in its
possession, custod¡ or control, that Atari is able to locate after a reasonable and diligent search
ofrelevant files.
Request No 31. All DOCUMENTS that RELATE TO what ATARI refers to in the
ANSWER as the "[NAMCO] Wholesaling Anangement."
asserted in this action and/or is not ¡easonably tailored to the issues in dispute in this action; (iv)
or confïdential or proprietary business information not germane to the issues, claims, or defenses
Subject to and without waiving the aforementioned general and specific objectio;ns, Atari
if any, in its possession, custody, or control that Atari is able to locate after a reasonable and
diligent search ofrelevant files,
Request No 32. All DOCUMENTS that RELATE TO any business transaction

or relationship between any combination of ATARI, DISTRIBUTION PARTNERS, and
NAMCO.
23
1093394-l
1163
on the gounds that (i) it is vague and ambiguous; (ii) it is overbroad and unduly burdensome;
(iiÐ it calls for the production of documents that are not relevant to the issues, claims, or
actiorq as the broad topic of "any business transaction or relationship between any combination
of Atari, Distribution Partrrers, and Namco" includes matters that are not in dispute in this action;
(Ð it calls for the production of documents that are not reasonably calculated to lead to the
discovery of admissible evidence; and (v) it calls for the production of documents containing
trade secrets or confïdential or proprietary business information not germane to the issues,
claims, ot defenses asserted in this action.
Atari does not intend to produce any documents specifically in response to this Request.
Request No-3I. All DOCUMENTS and COMMUNICATIONS that

REIATE TO thE DISTRIBUTION AGREEMENT,
this response as if fully aficulated herein. In addition, Atari specifically objects to this Request
on the grounds that (i) it is vague and ambiguous; (ii) it is overbroad and unduly burdensome;
action, as the broad topic of "all documents and communications that relate to the Distibution
Agreement" includes matters that are not in dispute in this action; (iv) it calls for the production
of documents that are not reasonably calculated to lead to the discovery of adririssible evidence;
and (v) it calls for the production of documents containing trade secrets or confidential or
proprietary business information not germane to the issues, claims, or defenses asserted in this
action.
Atari does not intend to produce any documents specifically in response to.this Request
24
1093394-r
1164
as it is written.
REqUESt NO 34. AlI d¡AftS Of thE DISTRIBUTION AGREEMENT.
this response as if fully arliculated herein. In addition, Atari specifically objects to this Request
on the grounds ttrat (i) it is vague and arnbiguous; (ii) it is overbroad and unduly burdensome;
defenses asserted in this action, as any "draft" of the Distribution Agreement is not an issue in
dispute in this action; (Ð it calls for the production of doouments that are not relevant to the
issues, claims, or dcfenses asserted in this action and/o¡ is not reasonably tailored to the issues in
dispute in this actiori; and (v) it calls for the production of documents containing trade secrets or
confidential or proprietary business information not gerrnane to the issues, claims, or defenses
Request No 35. All DOCUMENTS that RELATE TO any decisionby ATARI and/or
NAMCO to include particular digitål games or categories of digital games within the bundle
of rights purportedly conveyed pursuant to the DISTRIBUTION AGREEMENT.
Response,: Atari incorporates each of the General Objections set forth above into this
or confidential or proprietary business information not germane to the issues, claims, or defenses
25
t093394-r
1165
asserted in this action. Additionally, Atari objects to the form of this request as no rights were
"conveyed," 1.e., transferred ownership or sold, purportedly or otherwise, pursuant to the
D istribution Agreement.
solely to the extent they pertain to any rights granted by Atari in the Distribution Agreement
relating to any properties licensed to Atari pursuant to the D&D License, if any, in its possession,
custody, or control, that Atari is able to locate afrer a reasQnable and diligent search of relevant
files.
Rgquest No 36. All DOCUMENTS that RELATE TO any decision by ATARI and/or
NRtUcõ-o e*cto¿e particular digital games or categories of digital games fromthe bundle of
rights purportedly conveyed pursuant to the DISTRIBUTION AGREEMENT.
Response: Atari incorporates each of the Gene¡al Objections set forth above into this
the grounds that (i) it is vague and arnbiguous; (ii) it is overb¡oad and unduly burdensome; (iii) it
or confidential or proprietary business information not gemlane to the issues, claims, or defenses
asserted in this action. Additionally, Ad objects to the form of this request as no rights were
"conveyed," Le., transfened ownership or sold, purportedly or otherwise, pursuant to the
Distribution Agreement.
26
7093394-l
1166
solely to the extent they pertain to properties licensed to Atari pursuant to the D&D License, if
any, in its possession, custody, or control, that Atari is able to locate after a reasonable and
Request No 37. All DOCUMENTS and COMMUNICATIONS that RELATE TO the

negotiations, plans, prüposes, expectations, and execution for and of any relationship between
ATARI and DISTRIBUTION PARTNERS or NAlvfCO.
Response: Atari incorpo¡ates each of the General Objections set forth above into this
response as if fully articulated herein. Ln addition, Atari specifi.cally objects to this Request on
the broad topic of "negotiations, plans, purpos'es, expectations, and execution for and of any
relationship between Atari and Distribution Parhrers or Namco" includes matters that are not in
dispute in this actiory (Ð it calls for the production of documents that are not reasonably
documents containing ftade secrets or confidential or proprietary business information not
gennane to ihe issues, clairns, or defenses asserted in this action.
solely to the extent they pertain to propefies licensed to Atari pursuant to the D&D License, if
my, in its possession, custody, or control, that Atari is able to locate after a reasonable and
27
7093394-l
1167
Request No 38.
All DOCUMENTS that RELATE TO any public statement regarding
*hutAilerur"f".stous."TheNBPWholesalingAgreement,,'inc1udingpressre1eases,drafts
ofpress releases, and any related COMMUNICATIONS concerning that subject.
tlre grounds that (i) it is vague and ambiguous, as the request fo¡ "communications" conceming
"any public statgment regarding what ATARI refers to as 'The NBP Wholesaling Agreement,'
including press releases, drafts of press releases" is confusing and unintelligible; (ii) it is
overbroad and unduly burdensome; (iii) it calls for the production of documents that are not
relevant to the issues, claims, or defenses asserted in this action and/or is not reasonably tailored
to the issues in dispute in this action; and (Ð it calls for the production of documents that are not
reasonably calculated to lead to the discovery of admissible evidence.
Subject to aud without waiving the aforementioned general and specific objections, Atari
soleþ to the extent they pertain to properties licensed to Atari pursuant to the D&D License, if
my, in its possession, custody, or control, that Atari is able to locate after a reasonable and
Resuest No 39. All DOCUMENTS that RELATE TO ATARI'S decision to exercise

its "put option" to divest its remaining stake in DISTNBUTION PARTNERS'
on the grounds that (Ð it is vague and ambiguous; (ii) it is overbroad and unduly burdensome;
de6nses asserted in this action and/or is not reasonably tailored to the is.sues in dispute in this
action, as "Atari's decision to exercise its 'put option' to divest its remaining stake in
28
r093394-l
1168
Distribution Partners" is not a mattei in dispute in this action; (iv) it calls for the production of
documents that are not reasonably calculated to lead to the discovery of admissible evidence; and
(v) it calls for the production of documents containing trade secrets or confidential or proprietary
business infomration not germane to the issues, claims, or defenses asserted in this action
Atari does not intend to produce any documents specifically in resporse to this Request.
RequestNo 40. AII DOCUMENTS that RELATE TO the exe¡cise of the 'þut option"
and NAMCO'S purchase of ATARI'S remaining interest in DISTRIBUTION PARTNERS in
July 2009.
Regponsç: Atari incorporates each of the General Objections set forth.above into
on the grounds that (i) it is vague and ambiguous; (ii) it is overbroad and unduly brudensome;
(iii) it calls for the production of documents that are not relevant to the issues, claims, or
defenses assorted in thís action and/or is not reasonably tailored to the issues in dispute in this
action, as Atari's "exercise ofthe 'put option' andNamco's purchase of Atari's remaining interest
in Distribution Parlners in July 2009" are not matters in dispute in this action; (iv) it calls for the
or proprietary business information not germane to the issues, claims, or defenses asserted in this
action
Request No 41. ATI DOCLJMENTS that RELATE TO the renaming ofDISTRIBUTION

PARTNERS to'Î.[amco Bandai Partners S.A.S."
Respon_q,e: Atari incorporates each of the General Objections set forth above into
this response as if fully articulated heroin. In addition, Atari specifically objects to this Request
on the grounds that (i) it is vague and ambiguous; (ii) it is overbroad and unduly burdensome;
29
1093394-l
1169
(üÐ it calls for the production of documents that are not relevant to the issues, claims, or
action; (Ð it calls for the production of documents that are not reasonably calculated to lead to
the discovery of admissible evidence; and (v) it cails for the production of documents containing
trade secrets or confidential or proprietary business information not germane to the issues,
claims, or defenses asserted in this action.
Request No 42.. All DOCUMENTS that RELATE TO the allegation in the ANSWER
that 'Atarijn an attempt to placate Hasbro, terminated NBP as a wholesaler of the Licensed
D&D Products in Europe."
Response: Atari incorpo¡ates each of the General Objections set forth above into this
response as if fully articulated he¡ein. In addition, Atari specifically objeots to this Request on
the grounds that (i) it is vague and ambiguous; and (ii) it is overbroad and unduly burdensome,
will produce for inspection and copying all non-privileged documents responsive to this.Request
if any, in its possession, custody, or contro! that Atari is able to locate after a reasonable and
Request No DOCUMENTS that RELATE TO the handling of aoy

43. All
CON¡nn¡lftel, f¡.tfOnURftON already in the possession of any ATARI entity following
the execution of the DISTRIBUTION AGREEMENT'
¡3ggpry: Atari incorporates each of the General Objections set forth above into this
the grounds that (i) it is vague, ambiguous, as the request for documents "already in the
possession of lAtari] following the execution of the Distibution Agreemenf is confrrsing and
unintelligible; (ii) it is overbroad and unduly burdensome; (üi) it calls for the production of
30
1093394-1
1170
documents that are not relevant to the issues, claims, or defenses asserted in this action and/or is
not reasonably tailored to the issues in dispute in this action; (tÐ it calls for the production of
documents that are not reasonably calculated to lead to the discovery of admissible evidence.
as it is written.
Request No 44. All DOCUMENTS that RELATE TO the fransmission of any

CONFIDENTIAL INFORMATION from any ATARI entity to any DISTRIBUTION
PARTNERS entity and/or aNAMCO entity.
resporu¡e as if fully articulated herein. In addition, Atari specifically objects to this Request on
the grounds that (Ð it is vague and ambiguous; and (ii) it is overbroad and unduly burdensome.
Subject to and without waiving the aforementioned general and specific objections, Atæi
if an¡ in its possession, custody, or control, relating to any Namco entity, that Atari is able to
locate after a reasonable and diligent search ofrelevant files.
Reouest No 45., All DOCUMENTS that RELATE TO the statement by WILSON in

his September 11, 2009 letter to BLECHER that'î[BP does not hold any licensed rights in the
D&D property," including any documents WILSON relied on or reviewed in making this
statement, and any COMMUNIQATIONS RELATING TO that subject.
response as if futly articulated herein. In addition, Atari specifìcally objects to this Request on
the grounds that (i) it is vague and ambiguous; and (ii) it is overbroad and unduly burdensome.
if any, in its possessior¡ custody, or control that Atari is able to locate after a reasonàble and
3l'
1093394-r
1171
Reoueçt IYo.46. All DOCUMENTS that RELATE TO the statement by ÏVILSON in his
OctobeiZÇ ZO09 letter to BLECHER that "there has been no improper sublicense or assignment
of rights from Atari to NBP," including any documents WILSON relied on or reviewed in
making thÍs statement, and any COMMUNICATIONS RELATING TO that subject.
response as if fully articulated herein, In addition, Atari specifically objects to this Request on
the grounds ttrat (i) it is vague and arnbiguous; and (ii) it is overbroad and unduly burdensome.
if any, in its possession, custody, or controf that Atari is able to locate after a reasonable and
Requeqt No 41
All DOCUMENTS that RELATE TO the statement by WILSON in his
Octobe. 26, 2009 letter to BLECHER that "Atari has not provided NBP with any of Hasbro's
TWILSON relied on or reviewed in making
confidentiai informatior¡" including any documents
this statemen! and any CoMMTINICATIONS RELATING TO that subject.
Responsq: Atari incorporates each of the Ge.neral Objections set forth above into this
the grounds that (i) it is vague and ambiguous; and (ii) it is overbroad and unduly burdensome'
if any, in its possession, custody, or control that Atari is able to locate after a reasonable and
Request No 48. All DOCTIMENTS that RELATE TO the handling, dissemination,

tansfer, retum, or safeguarding of any CONFIDENTIAL INFORMATION'
Rgsponse: Atari incorporates each of the General Objections set forth above into thís
response as if ñrlly articulated herein. In addition, Atari specifrcally objects to this Request on
32
1093394-1
1172
the broad topic of 'the handling, dissemination, transfet, tetum, or safeguarding of any
Confidential Inforrnation" includes matters not in dispute in this action; (tv) it calls for the
or proprietary business information not germaJle to the issues, claims, or defenses asserted in this
action.
solely to the they pertain to "the handling, dissemination, tansfet, retum, or safeguarding of any
Confidential Information" in connection with Namco, if any, in its possession, custody, or
control, that Atari is able to locate afte¡ areasonable and diligent search of relevant files.
Request No 49. All DOCUMENTS that RELATE TO the allegation in the ANSWER
that, in terminating what it calls the 'Vholesaling arrangement with NBP," ATARI "cured any
þossible breach of the License Agreement in this regard."
Rçsponse,: Atari incorporates each of the General Objections set forth above into this
the grounds that (i) it is vague and ambiguous; and (ii) it is overbroad and unduly burdensome.
if any, in its possession, custody or control that Atari is able to locate after a reasonable and
33
1093394-l
1173
Request No 50. All DOCUMENTS that RELATE TO ATARI'S obligations to

provide customer service support and marketing under the LICENSE AGREEMENT.
Response: Atari incorporates each of the General Objectiotts set forth above into this
response as if fully articulated herein. In additior¡ Atari specifically objects to this Request on
the broad topic of "Atari's obligations to provide customü service support and marketing under
the License Agreemenf includes matters that are not in dispute in this action; (iv) it calls for the
evidence.
as it is written.
Request No 51. All DOCUMENTS that RELATE TO the delegation, assignment, or

assumption of ATARI'S customer service obligations to or by any other PERSON.
ResÞonse: Atari incorporates each of the General Objections set forth above into this
the growrds that (Ð it is vague and ambiguous; (ii) it is overbroad and unduly burdensome; (iii) it
asserted in this action as Hasbro's claims concerning customer sen¡ice relate to the period after
July 2009; (iv) it calls for the production of documents that are not reasonably calculated to lead
to the discovery of admissible evidence; (v) it calls for the production of documents containing
trade secrets or confidential or proprietary business inforrration not germane to the issues,
claims, or defenses asserted in this action.
34
1093394-l
1174
solely to the extent they relate any customer sen¿ice obligations under the License Agreement,
and solely to the extent they relate to the time period after July 2009 to the date of this response
and, if my, in its possession, custod¡ or controf that Atari is able to locate after a reasonable
and diligent search ofrelevant files.
Request No 52. All DOCUMENTS that RELATE TO the provision of customer

support or technical support for D&D GAMES, including phone service and the creation,
updating, and maintenance of game-related websites, by any PERSON, including all
DOCUMENTS in the possession ofATARI'S former European subsidiaries.
Resp_o+SE: Atari incorporates each of the General Objections set forth above into this
response as if fully articulated herein, br addition, Atari specifrcally objects to this Request on
calls for the production of documents that a¡e not relevant to the.issues, claims, or defenses
asserted in this aotion and/or is not reasonably tailored to the issues in dispute in this action as
Hasbro's claims concerning customer service relate to the period after July 2009; (iÐ it calls for
admissible ev.idence; (v) it calls for the production of documents containing trade secrets or
asserted in this action; arrd (vi) it calls for the production of documents not in Atari's possession,
custody or contol.
solely to the extent they relate to any customer service obligations under the License Agreement,
and solely as they relate to the time period after July 2009 to the date of this response, if any, in
35
t093394-r
1175
its possession, custody, or control, that Atari is able to locate after a reasonable and diligent
search of relevant files.
Request No 53. All COMMTINICATIONS ttrat RELATE TO the provision of

customer support or technical support for D&D GAMES'
rhe grounds that (i) it is vague and anrbiguous; (ii) it is overbroad and unduly burdensome; (iiÐ.it
calls for the production of documents.that are not relevant to the issues, claims, or defenses
asserted in this action and/or is not reasonably tailored to thç issues in dispute in this action as
Hasbro's claims concerning customer service relate to the period after July 2009; (Ð it calls for
admissible evidence; and (v) it calls for the production of documents containing trade seorets or
asserted in this action
will produce for inspection and copying all non-privileged documents resPonsive to this Request,
solely to the extent they relate to any customer service obligations under the License Agreement,
and solely as they relate to the time period after July 2009 to the date of this response, if any, in
its possessior5 custody, or control, that Atari is able to locate after a reasonable and diligent
search of relevant files.
Reauest No 54. Any agreements between ATARI and any other PERSON for the
provision of customer support for D&D GAMES.
tesponse as if fully articulated herein. In addition, Atari specifically objects to this Request on
36
1093394-l
1176
the grounds that (i) it is vague and ambiguous; (ii) it is overbioad a¡d unduly burdensome; (iü) it
asserted in this action as Hasbro's claims concerning customer service relate to the period after
Juty 2009; (iv)'it calls for the production of documents that a¡e not reasonably calculated to lead
to the discovery of admissible evidence; and (v) it calls for the production of documents
containing ftade secrets or confidential or proprietary business information not germane to the
solely to the extent they relate to customer service obligations arising under the License
Agreement, and solely to the extent they relate to the time period after July 2009 to the date of
this response, if any, in its possession, custody, or control, that Atari is able to locate after a
RCOUESTNO 55. AIl COMMLINICATIONS DOCUMENTS thAt RELATE

ANd
TO the quality, acctuacy, completeness, and/or timeliness of customer support for D&D.
Besnonse-: Atari incorporates each of the General Objections set forth above into this
response as if frrlly articulated herein. In addition, Atari specifrcally objects to this Request on
calls for the production of documents that are not relevant to the issues, claims, or. defenses
to the discovery of admissible evidence; (v) it calls for the produition of documents containing
trade secrets or confidential or proprietary business inforsration not germane to the issues,
claims, or defenses asserted in this action,
37
i093394-1
1177
will produce for inspection and copying ail non-privileged documents responsive to this Request,
soleþ to the extent they relate 1o customer service obligations arising under the License
Agreement, and solely to the extent they relate to the tirne period after.July 2009 to the date of
reasonable and diligent search ofrelevant fïles.
Reouest No 56. All DOCUMENTS that RELATE TO the constructior¡ maintenance, or

updating of any website RELATING TO any D&D GAME.
response as if frrlly articulated herein. ln addition, Atari specifically objects to this Request on
Juty 2009; (iv) it calls for the production of documents that are not reasonably calculated to lead
containing tade secrets or confidéntial or proprietary business information not germane to the
Subject to and without waiving. the aforementioned general and specific objections, Atari
soleþ to the extent they relate to obligations arising under the License Agreement, and solely to
the extent they relate to the time period after July 2009 to the date of this response, if any, in its
possession, custody, or control, that Atari is able to locate after a reasonable and diligent search
of relevant files.
38
t093394-L
1178
Requpst No 5,U Atl DOCUMENTS that RELATE TO the provision of customer

support or technical support for D&D GAMES before, during, and after ATARI'S transaction
involving DISTRIBUTION PARTNERS and NAMCO,
response as if flrlty articulated herein. In addition, Atari specifically objects to this Request on
the grounds that (Ð it is vague and ambiguous, as the phrase "Atari's transaction involving
Disfribution PartnerS and Namco" is not specific; (ii) it is overbroad and unduly budensome;
defenses asserted in this action as Hasbro's claims concerning customer service relate to the
period after July 2009; (rù it calls for the production of documents that are not reasonably
documents containing tade secrets or confidential or proprietary business infomration not
this response, if any, in its possession, custody, or conffol, that Ata¡i is able to locate after a
reasonablê and diligent search ofrelevant files.
Reouest No 58. All DOCUMENTS relating to the provision of customer service

and/or tecbnical support for D&Þ GAMES in Germany by Atari Deutschland GmbH, Namco
Bandai Parfrrers Germany GmbH, or any other ATARI or NAMCO entity.
the grounds that (i) it is vague and ambiguous; (ii) it is overbroad and unduly burdensome; (iü) it
39
1093394-l
1179
asserted in this action as Hasbro's claims concerning customer service ¡elate to the period after
containing frade secrets or confidential or proprietary business information not gennane to the
issues, claims, o¡ defenses asserted in this action.
Agfeement, and solely to the extent they relate to the time period after July 2009 to the date of
this response, if any, in its possession, custody, or control, ttrat Atari is able to locate after a
Reouest No 59* All DOCTIMENTS relating to the provision of customer seryice and/o¡
technical support for D&D GAMES in ltaly by Atari Italia S.p.A., Namco Bandai Partners Italia
S.p.A., or any other ATARI or NAMCO entity.
the grounds that (i) it is vague and ambiguous; (ii) it is overbroad and unduly burdensome; (üÐ it
asserted in this action as Hasbro's claims conceming customel servioe relate to the period after
to the discovery of adnissible evidence; and (v) it calls for the production of documents
containing ftade secrets or confidential or proprietary business information not germane to the
40
1093394-l
1180
this response, if any, in its possession, custody, or contol, that Ata¡i is able to locate after a
Request No 60. Al1 DOCUMENTS relating to the provision of customer service

and/or technical support for D&D GAMES in France by Atari France, Namco Bandai Pa¡trers
France, or any other ATARI or NAMCO entity.
Response: Atari inco¡porates each of the General Objections set forth above into this
response as if fully articulated herein. ln addition, Atari specifically objects to this Request on
the grounds that (i) it is vague and ambiguous; (íi) it is overbroad and unduly burdensome; (iii) it
containing trade secrets or confidential or proprietary business information not germane to the
4l
1093394-1
1181
Request No 61. All DOCIJMENTS relating to the provision of customer seruice and/or
technical support for D&D GAMES in Spain by Atari Iberica S. XXI, SA, Namco Bandai Partners
Iberica SA, or any other ATARI oTNAMCO entity.
Response.: Atari incorporates each of the General Objections set forth above into this
response as if fully articulated herein. ln addition, Atari specifrcally objects to this Request on
to the discovery of admissible evidence; and (v) it calls for the production of docr¡ments
containing trade secrets or confidential or proprietary business information not germane to the
issues, claims, or defenses assérted in this action.
solely to the extent they relate to customer service obligations arising rurder the License
Request No 62. All DOCUMENTS relating to the provision of customer service

and/ortechnical support for D&D GAMES in Belgium by -y ATARI oTNAMCO entity.
42
7093394-L
1182
containing frade secrets or confidential or proprietary business information not germane to the
will produce for inspection and copying all non-privileged.documents responsive to this Request,
reasonable and ditigent search ofrelevant files.
Bçguest No 63. An DOCUMENTS relating to the provision of customer

service
and/or technical support for D&D GAI\iIES in the United Kingdom by Atari United Kingdom
Limited, Namco Bandai Parûrers, or ány other ATARI or NAMCO entity.
Response: Atari incorporates each of the General Objections set fo¡th above into this
response as if fully articulated herein. ln addition, Atari specifically objects to this Request on
the grounds that (i) it is vague and ambiguous; (ii) it is overbroad and unduly br¡rdensome; (iii) it
calls for the'production of documents that are not relevant to the issues, çlaims, or defenses
containing trade secrets or confidential or proprietary business information not gelmane to the
issues, claims, or defenses asserted in this action,
43
1093394-r

HASBROvsATARI 52 1

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Case 1:09-cv-00610-S -LDA Document 52-1 Filed 12/07/10 Page 1 of 44 PageID #:

UNITED STATES DISTRICT COURT FOR

HASBRO,INC., c.A. oe-610 (s)

INFOGRAMES ENTERTAINMENT, S.A, AIHA

aTARr, SA.'S RESPONSES AND OBJECTIONS

counterclaim-plaintiff Atari, SA ('Atari') hereby responds and objects to Plaintiff and

General RespoEtÊes and Obiectíons

any person or entþ other than "Atarf'as defined hereinabove.

broad, unduly burdensome, or oppressive.

of documents that are not within Atari's possession, custod¡ or contol.

relevancy, materiality, competency, nor admissibility as evidence of the various documents

requested in the Requests or documents produced in response to the Requests and,

the admissibility of any responses or documents produced pursuant to the Requests.

or which constitutes or reflEcts attomey work-product or confìdential attorney-client

communications) or information that is otherwise inrnwre from compelled disclosure.

privilege and shall not be deemed to be a waiver of any applicable privilege.

information shall not constitute a waiver of any applicable privilege

(a) All objections to the competency, relevancy, materiality

(b) All objections as to the vagueness, ambiguity, or other infïrmity in the

(g) Any and all objectionspreviously asserted.

that Atari agrees to produce in response to the Requests.

L. Atari specifically objects to Instruction Number 8 to the extent it purports to

calculated to lead to the discovery of relevant, admissible evidence.

M, Atari objects to kstn¡ction Number l0 to the Requests to the extent it purports to

Atari's possession, custody, or control.

procession, custody, or control ofAtari.

these responses, if and when other or more accu¡ate information is obtained.

Specific Responses and Obtçctions

RCqUEStNOI. AII DOCUMENTS thAt RELATE TO ATARI'S LICENSED

production of documents containing trade secrets or confidential or proprietary business

Request No 2. All DOCUMENTS that RELATE TO ATARI'S strategies,

issues, claims, or defenses asserted in this action.

Re{gest No 3. All DOCTIMENTS that RELATE TO decision-making responsibility

documents containing trade secrets or confidential or proprietary business information not

germane to the issues, claims, or defenses asserted in this action,

diligent search ofrelevant files.

Request No 4. All DOCUMENTS that RELATE TO ATARI'S sublicensing of

production of documents containing trade secrets or conftdential or proprietary business

Request No 5. All COMMUMCATIONS between ATARI and DISTRIBUTION

RCqUCSt NO 6. AlI COMMLINICATIONS bEtWEEN ATARI ANd NAMCO

production of documents containing trade secrets or confidential or proprietary business

RequestNo 7. All COMMTINICATIONS between DISTRIBUTION PARTNERS

Request No 8. All COMMLJMCATIONS that RELATE TO HASBRO, D&D,

4çquestI{o9. All COMMUNICATIONS that RELATE TO ATARI'S

documents containing tade secrets or confidential or proprietary business information not

germane to the issues, claims, or defenses asserted in this action.

diligent search ofrelevant files.

documents containing tade secrets or confïdential or proprietary business hformation not

gennane to the issues, claims, or defenscs asserted in fhis action.

diligent search ofrelevant files.

documents containing trade secrets or confidential or proprietary business information not

germane to the issues, claims, or defenses asserted in this action.

diligent search ofrelevant files,

Rg.ggest Ng 12., AIl DOCUMENTS that RELATE TO any damages claim by

production of documents containing trade secrets or confidential or proprietary business

diligent search ofrelevant files.

Reqgest No 14. All DOCUMENTS that RELATE TO ATARI'S policies conceming

able to locate after a¡easonable and diligent search of relevant files.

Request No 15. All DOCTIMENTS that RELATE TO ATARI'S policies concerning

able to locate after a reasonable and diligent search ofrelevant frles.

Request No 16. All DOCUMENTS that contain or RELATE TO any admissions by a

specifically in response to this Request.