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Acacia Communications, Inc.’s Petition for Relief in Discovery Dispute Related to Out-of- State Case Seeking an Order Directing Compliance with Deposition Subpoena and Subpoena for the Production of Business Records and for Expenses of the Petition or Monetary Sanctions

Factual and Procedural Background

Petitioner Acacia Communications, Inc. (“Acacia”) commenced a lawsuit against ViaSat Communications, Inc. (“ViaSat”) in the Superior Court of the Commonwealth of Massachusetts (“MA Litigation”). (Petition, ¶3.) Acacia claims ViaSat interfered with Acacia’s technical submissions to a standard setting organization called the Optical Internetworking Forum (“OIF”). (Petition, ¶5.) In the summer of 2017, the OIF was considering submissions from different companies, including Acacia and Inphi Corporation (“Inphi”), to create a standard known as 400ZR FEC. (Id.)

On July 25, 2017, ViaSat sent a letter to OIF and various OIF members containing false and mislead