TV Interactive Data Corporation v. Sony Corporation et al

Filing 349

STIPULATION AND AMENDED ORDER/COMMISSION FOR DEPOSITIONS TO BE TAKEN IN JAPAN re 340 Stipulation filed by P&F USA, Inc., Funai Corporation, Inc., Funai Electric Co., Ltd. Signed by Judge Phyllis J. Hamilton on 10/12/11. (nah, COURT STAFF) (Filed on 10/12/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TV INTERACTIVE DATA CORPORATION, a
California Corporation,
Plaintiff,

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v.
SONY CORPORATION; SONY COMPUTER
ENTERTAINMENT INC.; SONY COMPUTER
ENTERTAINMENT AMERICA, INC.; SONY
CORPORATION OF AMERICA; SONY
ELECTRONICS, INC.; SAMSUNG ELECTRONICS
CO., LTD.; SAMSUNG ELECTRONICS AMERICA,
INC.; ROYAL PHILIPS ELECTRONICS N.V.;
PHILIPS ELECTRONICS NORTH AMERICA
CORPORATION; TOSHIBA CORPORATION;
TOSHIBA AMERICA, INC.; TOSHIBA AMERICA
CONSUMER PRODUCTS, L.L.C.; VICTOR
COMPANY OF JAPAN, LTD.; JVC AMERICAS
CORP.; LG ELECTRONICS, INC.; LG
ELECTRONICS U.S.A., INC.; ZENITH
ELECTRONICS LLC; PIONEER CORPORATION;
PIONEER ELECTRONICS (USA) INC.; SHARP
CORPORATION; SHARP ELECTRONICS
CORPORATION; FUNAI ELECTRIC CO., LTD.;
FUNAI CORPORATION, INC.; D&M HOLDINGS
INC.; D&M HOLDINGS US, INC.; AND DENON
ELECTRONICS (USA), LLC,

Case No. C 10-00475 PJH
STIPULATION AND
[PROPOSED] AMENDED
ORDER/COMMISSION FOR
DEPOSITIONS TO BE TAKEN IN
JAPAN
DEPONENT:
FUNAI ELECTRIC CO., LTD.
AND INDIVIDUALS

Defendants.

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Case No. C 10-00475 PJH

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AMENDED ORDER/COMMISSION FOR
DEPOSITIONS TO BE TAKEN IN JAPAN

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JOINT STIPULATION

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Beginning on or about October 17, 2011, TV Interactive Data Corp. (“TVI”) will begin

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depositions of certain witnesses from Funai Electric Co. Ltd. (“Funai”) at the U.S. Consulate in

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Osaka-Kobe. TVI and Funai hereby submit and jointly stipulate to the following Proposed

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Amended Order/Commission for Depositions to be Taken in Japan.

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The following Proposed Amended Order/Commission for Depositions to be Taken in

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Japan differs from the Order/Commission for Depositions to be Taken in Japan signed by

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Magistrate Judge Lloyd on August 31, 2011, in the following ways:

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(1) The Proposed Amended Order/Commission includes an additional check

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interpreter in section 2: Akiko Hirashima;

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(2) The Proposed Amended Order/Commission includes the full name of the

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individual previously identified as “Mr. Onishi” in sections 1 and 2: Kazuaki

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Onishi; and

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(3) The Proposed Amended Order/Commission adds Mr. Kanji Imanishi as a

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deponent.

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FOR PLAINTIFF TV INTERACTIVE DATA CORP.
ROBINS, KAPLAN, MILLER & CIRESI, L.L.P.
By: /s/ Sang Young A. Brodie
Sang Young A. Brodie (pro hac vice)
E-mail: [e-mail]
Richard M. Martinez (pro hac vice)
E-mail: [e-mail]
Trevor J. Foster (pro hac vice)
E-mail: [e-mail]
Victor C. Chan (pro hac vice)
E-mail: [e-mail]
Dated: October 7, 2011

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Case No. C 10-00475 PJH

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AMENDED ORDER/COMMISSION FOR
DEPOSITIONS TO BE TAKEN IN JAPAN

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FOR DEFENDANT FUNAI ELECTRIC CO., LTD. AND INDIVIDUAL DEPONENTS:
BAKER & HOSTETLER, LLP
By: /s/ Kevin W. Kirsch
Kevin W. Kirsch
E-mail: [e-mail]
David A. Mancino
E-mail: [e-mail]
John F. Bennett
E-mail: [e-mail]

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Dated: October 7, 2011
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I, Kevin W. Kirsch, am the ECF user whose User ID and Password are being utilized in the

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electronic filing of the STIPULATION AND [PROPOSED] AMENDED

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ORDER/COMMISSION FOR DEPOSITIONS TO BE TAKEN IN JAPAN. Pursuant to the

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Northern District of California’s General Order 45(X)(B), I attest that concurrence in the filing

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has been obtained from Sang Young A. Brodie.

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Dated: October 7, 2011

/s/ Kevin W. Kirsch
Kevin W. Kirsch

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Case No. C 10-00475 PJH

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AMENDED ORDER/COMMISSION FOR
DEPOSITIONS TO BE TAKEN IN JAPAN

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[PROPOSED] AMENDED ORDER/COMMISSION FOR DEPOSITIONS TO BE TAKEN

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IN JAPAN

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TO:

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ANY CONSUL OR VICE CONSUL OF THE UNITED STATES OF AMERICA
AT OSAKA-KOBE, JAPAN

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Upon the application of Complainant TV Interactive Data Corporation (“TVI”), in TVI

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Data Corp. v. Sony Corp., et al., Inv. No. 10-00475, before the U.S. District Court for the

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Northern District of California, and pursuant to Article 17 of the United States – Japan Consular

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Convention,

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IT IS ORDERED THAT the depositions on notice of the following witnesses may be

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taken at the U.S. Consulate in Osaka-Kobe, Japan, on one or more dates during the period from

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on or about October 17, 2011, at 8:30 a.m. to on or about November 10, 2011 at 4:00 p.m. as

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follows, and that any documentary exhibits in connection therewith be marked:

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1.

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Fed. R. Civ. P., Rule 30(b)(6) deposition of Funai Electric Co., Ltd.

Funai Electric Co., Ltd.
7-7-1 Nakagaito, DaitoCity
Osaka 574-0013, Japan

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Potential witnesses for the Fed. R. Civ. P., Rule 30(b)(6) deposition of Funai Electric Co. include,

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at the discretion of Funai Electric Co., any combination of one or more of the following:

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Tadashi Shimoguchi
Tsuyoshi Kamitani
Hideo Saito
Hiroki Nakamura
Jun Tateishi
Kazuaki Onishi

Goro Seki
Kazuyuki Fujiwara
Yoshikazu Fujita
Makato Takemoto
Shigeru Yokota
Yoichi Kanazawa
Kozo Wada

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2.

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Fed. R. Civ. P., Rule 30(b)(1) depositions of individuals

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Potential witnesses for depositions under Fed. R. Civ. P., Rule 30(b)(1) include:

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///

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///

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Case No. C 10-00475 PJH

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AMENDED ORDER/COMMISSION FOR
DEPOSITIONS TO BE TAKEN IN JAPAN

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Kozo Wada
Tadashi Shimoguchi
Tsuyoshi Kamitani
Hideo Saito
Hiroki Nakamura
Jun Tateishi
Kazuaki Onishi
Kanji Imanishi

Goro Seki
Kazuyuki Fujiwara
Yoshikazu Fujita
Shinji Seki
Makato Takemoto
Shigeru Yokota
Yoichi Kanazawa

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Counsel for Defendant Funai Electric Co. who will participate in said depositions are

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Kevin W. Kirsch, David A. Mancino, and John F. Bennett. In addition, William Mangioni-Smith

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may attend on behalf of Funai Electric Co.

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Members of Funai Electric Co.’s Intellectual Property Group that may attend the
depositions include Hisao Tatsumi, Goro Seki, Hiroki Nakamura, and Takafumi Ishii.

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Check interpreters that may be attending the depositions include:

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Yoshiyuki Onishi
Christopher Field
Asami Isomichi
Mia Matsumura
Junko Sumida
Toyu Yazaki
Ellen Shang Travis
Akiko Hirashima

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Counsel for TVI who will participate in said depositions are Richard M. Martinez, Sang

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Young A. Brodie, Trevor J. Foster, and Victor C. Chan. In addition, James Tornes and Andrew

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Wolfe may attend on behalf of TVI.

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Jared Taylor will act as interpreter.

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The proceedings will be recorded by Christopher Sheppard Hanlon, Lee Anthony Bowry,

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Peter Wai Kwong Au, Jeffrey Marc Menton, Randell Buckler, Deborah Marshall, Jodi Harmon,

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Lawrence Paul Nelson, Melanie Louise Giamarco, Tracey LoCastro and/or Randi Birnhak with

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American Realtime Court Reporters & Videographers. Please cause the testimony of said

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witnesses to be recorded by video and reduced to writing; the depositions to be signed by said

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witnesses; said deposition testimony to be annexed to your Commission and closed under your

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seal; and the return of these materials to this Court with all convenient speed.

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Case No. C 10-00475 PJH

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AMENDED ORDER/COMMISSION FOR
DEPOSITIONS TO BE TAKEN IN JAPAN

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WITNESS, the Honorable Phyllis J. Hamilton, United States District Judge of the United States

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12th
October
District Court, Northern District of California, this ______ day of __________ 2011.

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Honorable Phyllis J. Hamilton
United States District Court
Northern District of California
Oakland Courthouse, Courtroom 3 - 3rd Floor
1301 Clay Street,
Oakland, CA 94612

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I hereby certify that the signature above is that of the Honorable Phyllis J. Hamilton, United
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States District Judge of the United States District Court, Northern District of California.
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_____________________ Clerk of the Court.
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By: _________________
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Deputy Clerk: ________________
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Seal:
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Case No. C 10-00475 PJH

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AMENDED ORDER/COMMISSION FOR
DEPOSITIONS TO BE TAKEN IN JAPAN

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CERTIFICATE OF SERVICE

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I declare that I am employed with the law firm of Baker & Hostetler LLP, whose address
is 312 Walnut Street, Suite 3200, Cincinnati, Ohio 45202. I am not a party to the within cause,
and I am over the age of eighteen years.

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I further declare that on October 7, 2011, I served the following:

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STIPULATION AND [PROPOSED] AMENDED ORDER/COMMISSION FOR
DEPOSITIONS TO BE TAKEN IN JAPAN

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BY ELECTRONIC SERVICE by electronically mailing a true and correct copy through
Baker & Hostetler LLP’s electronic mail system to the e-mail addresses set forth below
per agreement of the parties in accordance with Fed. R. Civ. P. 5(b).
Robert E. McBride
Email: [e-mail]
Mayer Brown LLP
1999 K Street, NW
Washington, DC 20006-1101

Sten Anker Jensen
Email: [e-mail]
Orrick Herrington & Sutcliffe LLP
1152 15th St. NW
Washington, DC 20005

Steven J. Routh
Email: [e-mail]
Orrick, Herrington & Sutcliffe LLP
1152 15th Street, NW
Washington, DC 20005

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BY MAIL by placing the envelope for collection and mailing following our ordinary
business practices. I am readily familiar with the firm’s practice of collecting and
processing correspondence for mailing. On the same day that correspondence is placed
for collection and mailing, it is deposited in the ordinary course of business with the
United States Postal Service in Cincinnati, Ohio, in sealed envelopes with postage fully
prepaid.

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I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 7, 2011, in Cincinnati, Ohio.

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/s/ John F. Bennett
John F. Bennett

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Case No. C 10-00475 PJH

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AMENDED ORDER/COMMISSION FOR
DEPOSITIONS TO BE TAKEN IN JAPAN