IconFind, Inc. v. Google, Inc.

Filing 107

NOTICE of Third Party Subpoenas of Ben Crowell by Google, Inc.. (Attachments: # 1 Exhibit 1)(Maikish, Kenneth)

ATTACHMENT A
DEFINITIONS
1.

“Including” means including without limitation.

2.

The terms “Document” or “Documents” are used in the broadest possible

sense and include, without limitation, all originals, copies, drafts, and recordings of any written,
typewritten, printed, graphic, electronic, digital or otherwise recorded matter, including forms of
information translatable or convertible into a reasonably usable form. “Document” or
“Documents” include, without limitation, the following items: source code; database schematics;
programming instructions; electronic mail (e-mails); electronic files; assembly diagrams;
schematic diagrams; manuals.
3.

The term “Source Code” means all electronic files used to create a website

or software program and includes, without limitation, Common Gateway Interface (CGI) files
and HyperText Markup Language (HTML) files, and files
4.

The term “Database Schematics” means all electronic files used to create

or edit a database and includes, without limitation, Structured Query Language (SQL) files.
5.

The term “theassayer.org” means the website accessible at the URL

http://theassayer.org.
6.

The terms “relating to” and “related to” mean concerning, comprising,

referring to, describing, discussing, evidencing, or constituting, directly or indirectly.
7.

Use of the singular is also to be taken to include the plural, and vice versa.
INSTRUCTIONS

The following instructions apply to these requests:

Attachment A to Crowell Subpoena

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1.

You are to provide full and complete responses to the below requests and

comply with Federal Rules of Civil Procedure 34 and 45 in doing so, including (a) producing
Documents as they are kept in the ordinary course of business with a copy of the label on any file
folders in which the requested Documents are stored or other such information, or organized and
labeled to correspond with the categories of the request, and, in both cases, producing
Documents stapled as they were stapled or clipped in their original form, (b) producing
electronically-stored information in a form in which it is ordinarily maintained or in a form in
which it is reasonably usable and searchable, and (c) producing electronically-stored information
as that information is kept in the ordinary course of business, or organized and labeled to
correspond with the categories of the request.
2.

You are to construe each request independently without reference to any

other request, unless otherwise specified in the request.
3.

You are to respond separately and completely to each request.

4.

You are to indicate that Documents are being withheld on the ground of

privilege in each response where that is the case; and, for every objection to a request on the
ground of privilege, answer the request with such non-privileged information as is responsive,
and then provide the information called for by Federal Rule of Civil Procedure 26(b)(5).
5.

Documents may be produced either (1) electronically and e-mailed to

[e-mail], or (2) on a CD or other portable storage device and sent to:
Kaye Scholer LLP
ATTN: Kenneth Maikish
3000 El Camino Real, Two Palo Alto Square
Suite 400
Palo Alto, CA 94306

Attachment A to Crowell Subpoena

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REQUESTS
1.

All Documents that comprised theassayer.org when theassayer.org was

first made publicly accessible on the world wide web, approximately January of 2001.
2.

All Documents related to theassayer.org that were created prior to August

3.

All Source Code related to theassayer.org that was created prior to August

4.

All Database Schematics related to theassayer.org that were created prior

9, 2001.

9, 2001.

to August 9, 2001.

Attachment A to Crowell Subpoena

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