Intermec Technologies Corp. v. Palm, Inc.

Filing 18

EXHIBITS re 15 Response ( Non Motion ) Exh C filed byGoogle Inc.. (Related document(s) 15 ) (Kobialka, Lisa) (Filed on 5/29/2009)

Intermec Technologies Corp. v. Palm, Inc.

Doc. 18

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EXHIBIT C

Dockets.Justia.com

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;*}.

cr Corporati*n
To:
David Drummond Google lnc.
1 ó00 Amphitheatre Parkway Mountain VieW CA 94043

Service of Process Transmittal
03 I 04

t2009

CT Log Number 514524028
I

il[ilililililtililtlillllllllllllllllllllllllllllllll lllllill

RE: FoR:

Process Served in Delaware
Google lnc. (Domestic State: DE)

ENCLOSED ARE GOPIES OF LEGAL PROGESS REGEIVED BY THE STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWSI

AGrloN: DoGUMENT(S) SERVED: couRr/AGENcr
rtrlE
oF
NÀTURE oF

lntermec Technotogies Corp., Pttf. vs. Palm, lnc., Dft.
Check, Subpoena, Proof of Service Form, Exhibit

/i

To: Google lnc.

District of Detaware, U.5. District Court, Case # 07-272

DE

AcTroN:

Subpoena - Business records - Pertaining to documents created and maintained in the ordinary course of business sufficient to show the manner in which .Google Application3, such as Googte Maps, Google Calendar, Googte Docs, Gmait, and Piiasa, are accessed by a person using Palm's Blazer browser

oN wHoM PROCESS wAs
DArE AND HouR oF

SERVED: The Corporation

Trust Company, Witmington, DE

SERVICE: AppEARANcE oR ANSWER DUE: ATToRNEY(S) / SENDER(S):

By Process Server on 03104/2009

at 12:35

March 9, 2009 at 9:00 a.m, - Production David 5. Becker Freeborn & Pcters LLP 31 1 5. Wacker Drive

/

March 16,2009 at 9:00 a.m.

'

Deposition

Suite 3000
Chicago, lL 60606
3't 2-360-6391

AcrtoN

trEus:

Telephone, David Drummond , 650-330-0100 left message on voicemail SÓP Paperiwith Transmittal, via Fed Ex Priority Overnight ,790653579325 The Corporation Trust Company Scott LaScala 1209 Orange Street

STGNED¡ PER: ADDRESS: TELEPHoNE:

witmington,
302-ó58-7581

DE 19801

Pagelofl/JH
lnformation disptayed on this transmittat is for CT Corporation's record keeping purposes onty and is provided to the recipient for quick reference. This informãtion does not constjtute a legal oÞinion as to the nature of action, the amount of damages, the answer date, or any information contained in the documents themsetves. Recipient is responsible for interpreting said documents and for taking appropriate action. Signatures on certified mait receipts confirm receìpt of package only, not aontents.

Case3:09-mc-80097-WHA Document18

llvrrnD

STATES Drsrnrcr
Drsrnrcr op Dnr,awanr

Filed05/29/09 Page3 of 9

Counr

INTERMEC TECHNOLOGIES CORP.,
Plaintiff,

ST]BPOENA IN A CIVIL CASE
Civil Äction No: 07-272-SLR-LPS Pending in the United States District Court for the District of Delaware

v.

PALM, rNC.,
fefendant.
",/Tc/:o Tse o ConroRarroN Tnusr CoMpANy
CoRronerloN 1209 Onance 'WnvrrNcroN,
TRUST CENTER STREET

Google Inc.

DE 19801

You Ann Coutr¡¡NoED to appear in the United States District Court at the place, date, and testify in the above case. PleceopTesrllr¡oNy :. ..,.

ti*" ,p""ln.a]ão*

to

YouAneCoMMANDEDtoappearattheplace,date,andtimespecifi"au"to@
deposition in the above case: See Exhibit A
Corbeet & Associates
230 N. Market Street Wilmington, DE 19899 You An¡ Cotr¡ueNneD to produce and permit inspection and copying orth" rotto*ttrg the placg, 9ate, and time. specified below (lisJ documents or objecti): See Exhibit A

ao""-ãt.ir ou¡*t, ut

,PLACE

:.. '':

:.

::--:::":-

-:I '''

Corbeet & Associates 230 N. Market Street

Wilmington, DE 19899

Pnsl,fis¡s

You ARE CoMMANDED to permit inspection of the follo\^/ing premises at the date and tirn" ,p""inø Urto*

Issur¡ic onr'¡cpnSrcw¿ruRp,AND TrrLE (Irqp¡cnrB n ArroRxey roR

PLAn{TtrltoRDgFÐ},IoÂNr)
for Plainti

,

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.,,,

r

',:',

i' Issuñc orn¡cs,Rl$ ñAMB, Aooness ¡No

Þuñãffiffi

David S. Becker
FnsesoRN & PersRs l-lp 31 I S. Wacker Drive, Ste 3000 Chicago, IL 60606

Case3:09-mc-80097-WHA Document18
Dnre Senvro
SenveoON (PruNrNeur) Date
Place

Filed05/29/09 Page4 of 9 !-' ,

MeN|¡eR or SERVTcE

Senvnn By

(PnnrNaue)

TTTLE

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and conect:
Executed on:

DarB

SlcNerun¡ oF

SERVER

ADDRESS oT S¡Rven

RULE 45, FposRAr- RuLes

(c)

or Cwr pRocEDuRE,

PARTS C

&D
that, subject to the provision of clause (cX3XBXiii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held, or

Pnorecrlox op P¿nsoNs SuBJEcr ro SusporN¡s.

or an attorney responsible for the issuance and service ofa subpoena shall takereasonable steps to avoid imposing undue P".d:l "l expense on a person subject to that subpoena. The court on behalfofwhich the subpoena was issued shalr eniorce this duty and impose upon the party or attorney in breach ofthis duty an appropriate sanction,,which may include, but is not limited to, tost eamings anA a reasonable attomey's fee.

(l) A party

(iii) requires disclosure ofprivileged or other
and no exception or waiver applies, or

protected matter

(iv) subjects

a person

to undue burden.

(2XA) A person cornmanded to produce and permit inspection and copying of designated books, papers, documents or tangibleìhings, or inspection ofpremises need not appear in person at theilace of - ' production or inspection unless commandéd to appear fãr deposition, hearing or trial.
permit inspection and copying may, within l4 days after 1nd service of the subpoena or before the timeipecified for complíance ii such time is less than 14 days after service, serve upon the pàrty or attomey designated in the subpoena written objectiron to inspeciion or copying of any or all of the designated materiajs or of the pronises. If objection is made, the party serving the subpoena shall noi be entitled to inspect and copy the materials or inspect thè premises except pursuant to an order ofthe court by which the subpoena was issued. Ifàbjection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time ior an order to compel the production. Such an order to compel prôduction shall protect any person who is not a party or an ofücer of a party from significant expense resulting from the inspection and copying commanded. . -- (3XA) On timely motion, the court by which a subpoena was issued shall quash or modi$ the subpoena if it
prodr,rce
-

a trade secret or other confidential research, development, or commercial information, or

(B) Ifa subpoena (i) requires disclosure of

(B) Subject to paragraph (d)(2) of this rule,

(ii) requires disclosure of an unretained expert's opinion or information not describing specific evnts or o""ro"n""rln dispute and resulting from the expert's study made not at the request of any or

a

person commanded to

specified conditions.

may, to protect a person subject to or affected Uy the subpoena quash or modifu the subpoena or, if the party in whose behalf the subpoena is issued shows a substantiar needfor the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be rèasonably compensated, the court may order appearance or production ãnly upon

. (iii) requires a person who is not a party or an officer of a party to incur substantial expense to havel more than 100 miles to attenå trií, the court

þarty,

(d) Duras rN R¡spoNprNc ro Su¡poeNR
( I ) A person responding to a subpoena to produce documents shall produce them as they are kept in thè usual coirse ofbusiness or shall organize and laber them to correspond with the categories in the

demand.

(i) fails to allow reasonable time for compliance;
travel to a place more than lO0 miles fromtheplace where that person resides, is ønployed or regularly transacts business in person, except

-

(ii) requires a person^who is not a party or an officer ofa party to

(2) When information subject to a subpoena is withheld on a claim.that it is privileged or subject to protectiòn as triar preparation materials' the claim sharl b^e made expressly and shalr be'supported by a description of the nature of the documents, communications,ir things not produced that is sufficient to enabre the demanding party to contest the claim.

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EXHIBIT A
DEF'INITIONS

1'
and all of its

"Intermec" means Plaintiff Inteilnec Technologies Corp., and includes any
predecessors, predecessors-in-interest, successors, successors-in-interest,

subsidiaries, divisions, affiliates, and affiliated entities, as well as their officers, directors, agents, employees, and representatives.

2.

"Palm" means Defendant Palm, Inc., and includes any and all of its

predecessors, predecessors-in-interest, successors, successors-in-interest, subsidiaries, divisions,

affiliates, and affiliated entities, as well as their officers, directors, agents, employees, and
representatives.

3-

"Google" means Google Inc., and includes any and all of its predecessors,

predeoessors-in-intercst, successors, successors-in-interest, subsidiaries, divisions, affiliates, and

affiliated entities, as well

as

their officers, directors, agents, employees, and representatives.

4.

.,palm products" refers to the palm@ CentrorM, Treoru 6g0, Treorr"r

704p, TreorM 700w, TreorM 700wx, TreorM 750, TreorM 755p TreorM 800w and TreorM pro
smarþhones.

5.

"Document(s)" is used in the same manner as that term is defined in Fed.

R. Civ. P' 3a(a) and shall include, without limitation, electronically stored information (,,ESI,,),
things, project proposals, memos, notes, inventor notebooks, invention disclosures, source code

(including comments

if

any), object code, communications regarding product development,

revision histories, flowcharts, drawings, specifications, documents related to testing, status

reports

or summaries,

computer simulations, logic diagrams, and preliminary technical

documentation, along with every draft or non-identical copy of the foregoing.

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6.
as outlined

"Electronically Stored Information" or "ESI" is used in the same manner

in the Federal Rules of Civil Procedure and should also be interpreted to include data

stored in, or accessible through, computer or other information retrieval systems and includes all

non-identical copies of such data. ESI includes, but is not limited to, electronic spreadsheets,
databases

with all records and fields and structural information (including Lotus Notes

Discussion Databases and other online dialogs), charts, graphs and outlines, arïays of information and all other information used or produced by any software. Thus, palm must
produce documents that exist

in electronic form, including data stored in personal computers,

portable computers, workstations, minicomputers, personal data assistants, Blackberry or other

similar devices, instant messaging text files, archival voice storage systems, goup and
collaborative tools, electronic messaging devices, mainframes, servers, backup disks and tapes, archive disks and tapes, portable hard drives, memory cards, zip drives, ipods or other similar
devices, cellphones and any other forms of online or offline storage. Further, unless the parties

agree otherwise, ESI responsive

to the

Requests herein must be made (and

if

necessary,

translated by yoÐ in reasonably useable form and produced.
7

'

"Thing" means any physical specimen or tangible item in your possession,

custod¡ or control.

8.
entities

The term 'þerson" means any natural person in any capacity, and all
example but not limitation, associations,

of every description, including, by way of

otganizations, companies, partnerships, joint ventures, co{porations, trusts and estates, and all divisions, departments and other such units thereof.

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9used

The terms "concerningr" "regardingr" "related to," and ,,relating to,, are
sense and include

in their broadest

all matters referring to, describing, evidencing, or

constituting the referenced subject(s).

10'

The terms "and" and "or" shall be construed either disjunctively or

conjunctively as necessary to bring within the scope of the discovery request any information or
documents that might otherwise be construed to be outside of its scope.
I versa.

l.

The use of the singular form of any word includes the plural and vice

12' 13. 14'

The use of any tense of a verb shall be construed to include also within its

meaning all of the tenses of that verb. The terms ,,unyr,, ,,a11,,, and,,evgry''mean each and evefy.

"Google Applications" means any and all software applications offered by

Google, including, but not limited to, Google Maps, Google Calendar, Google l)ocs, Gmail, and
Picasa.

INSTRUCTIONS
l

'

To the extent any Document Request seeks documents also covered by

any other Document Request(s), it is for purposes of completeness only, and should in no way be construed as limiting or otherwise narrowin g any of the other Requests herein.

2'

These Requests extend to all documents in the possession, custod

y,

and/or

control of Google, as well as all documents in thepossession, custody, or control of persons or
entities under Google's control.

3'

In the event that more than one copy of a document exists, Google should

produce the original and each non-identical copy

of

each document or other tangible thing

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requested herein that is in Google's possession, custody or control, or the control of its agents, attorneys, accountants, or employees.

4'
Federal Rules of materials.

Google should comply with the requirements

of Rule 26(bX5) of the

civil

Procedure regarding claims of privilege or protection of trial preparation

5'
extent permitted by

These Requests shall be deemed to be continuing in nature to the fullest

law' If further responsive information

comes into the possession or attention

of Google or its attorneys at any time during the course of this proceeding, such information
must be provided as required by the Federal Rules of

civil

procedure.

DOCUMENT REOUESTS

1'

Documents created and maintained

in the ordinary course of

business

sufficient to show the manner in which Google Applications, such as Google Maps, Google
Calendar, Google Docs, Gmail, and Picas4 are accessed
browser.

by a person using palm,s Blazer

2'

Documents created and maintained

in the ordinary course of business

sufficient to show the manner in which Google Applications, such as Google Maps, Google
Calendar, Google Docs, Gmail, and Picasa, are accessed by a person using Microsoft,s Internet

Explorer Mobile browser (also known as IE Mobile).

3'

Documents created and maintained

in the ordinary course of business

sufficient to show the manner in which Google Applications, such as Google Maps, Google
Calendar, Google Docs, Gmail, and Picasa, communicate information to palm products.

4

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4.

Documents created and maintained

in the ordinary

course

of

business

sufficient to show the manner in which Palm Products communicate information to Google
Applications, such as Google Maps, Google Calendar, Google Docs, Gmail, and Picasa.

5.

Documents created and maintained

in the ordinary course of business

sufficient to show the manner in which Google Applications, such as Google Maps, Google
Calendar, Google Docs, Gmail, and Picasa, store and access data.

DEPOSITION TOPICS

1.

The manner in which Google Applications, such as Google Maps, Google

Calendar, Google Docs, Gmail, and Picasa, are accessed
browser.

by a person using Palm's Blazer

2.

The manner in which Google Applications, such as Google Maps, Google

Calendar, Google Docs, Gmail, and Picasa, are accessed by a person using Microsoft's Intemet

Explorer Mobile browser (also known as IE Mobile).

3. 4. 5.

The manner in which Google Applications, such as Google Maps, Google

Calendar, Google Docs, Gmail, and Picasa, communicate information to Palm Products.

The manner in which Palm Products communicate information to Google

Applications, such as Google Maps, Google Calendar, Google Docs, Gmail, and Picasa.
The manner in which Google Applications, such as Google Maps, Google

Calendar, Google Docs, Gmail, and Picasa, store and access data.