Elan Microelectronics Corporation v. Apple, Inc.

Filing 173

Application Requesting Completion of Hague Convention Documents for the Deposition of Bernard Kasser filed by Apple, Inc.. (Attachments: # 1 Exhibit 1 (Deposition Guidelines), # 2 Exhibit 2 (Letters Rogatory), # 3 Exhibit 3 (USM-94), # 4 Exhibit 4 (Subpoena to Kasser for Consular Deposition), # 5 Exhibit 5 (Subpoena to Kasser), # 6 Proposed Order)(Greenblatt, Nathan) (Filed on 9/20/2010) Modified on 9/22/2010 (tsh, COURT STAFF).

Elan Microelectronics Corporation v. Apple, Inc.

Doc. 173 Att. 3

REQUEST FOR SERVICE ABROAD OF JUDICIAL OR EXTRAJUDICIAL DOCUMENTS

Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, signed at The Hague, the 15th of November 1965. Identity and address of the applicant Address of receiving authority

United States District Court Northern District of California San Jose Division 280 South 1st Street San Jose, CA 95113 USA

Ministere de la Justice Direction des Affaires civiles et du Sceau Bureau de l'Entraide judiciaire en Matière civile et commerciale 1, Place Vendôme 75042 Paris Cedex 01, France

The undersigned applicant has the honour to transmit - in duplicate - the documents listed below and, in conformity with Article 5 of the above-mentioned Convention, requests prompt service of one copy thereof on the addressee, i.e, (identity and address):

Bernard Kasser

c/o STMicroelectrics Rousset SAS 190 Avenue Celestin Coq Zone Industrielle 13106 Rousset Cedex, France

[X] a) in accordance with the provisions of sub-paragraph (a) of the first paragraph of Article 5 of the Convention*. [ ] b) in accordance with the following particular method (sub-paragraph (b) of the first paragraph of Article 5)*: [ ] c) by delivery to the addressee, if he accepts it voluntarily (second paragraph of Article 5)*.
The authority is requested to return or to have returned to the applicant a copy of the documents - and of the annexes* - with a certificate as provided on the reverse side.

Service is requested pursuant to Rule 30(b)(1), United States Federal Rules of Civil Procedure
List of documents:

Subpoena in a Civil Case with Attachment A Done at San Jose, CA USA, the ___ day of September 2010 Signature ____________________________________________________
* Delete if inappropriate.

Clerk of the Court

1

USM-94
Dockets.Justia.com

Certificate
The undersigned authority has the honor to certify, in conformity with article 6 of the Convention, 1) that the document has been served* the (date)________________________________________________________________________________ at (place, street, number)_______________________________________________________________

--in one of the following methods authorized by article 5-- ____ (a) in accordance with the provisions of sub-paragraph (a) of the first paragraph of article 5 of the Convention* ____ (b) in accordance with the following particular method*: _______________________________________________________________________________________________

____ (c) by delivery to the addressee, who accepted it voluntarily* The documents referred to in the request have been delivered to: -- (identity and description of person)______________________________________________________

-- relationship to addressee (family, business or other):__________________________________ _______________________________________________________________________________________________ 2) that the document has not been served, by reason of the following facts*:________________________________________________________________________________________

In conformity with the second paragraph of article 12 of the Convention, the applicant is required to pay or reimburse the expenses detailed in the attached statement.* Annexes Documents returned: _____________________________________________ _____________________________________________ _____________________________________________ In appropriate cases, documents establishing the service: _____________________________________________ _____________________________________________ _____________________________________________ *delete if inappropriate.

Done at: ,the _______________________________, ______________

Signature and/or stamp. _____________________________________________

USM-94

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SUMMARY OF THE DOCUMENT TO BE SERVED
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, signed at The Hague, the 15th of November 1965. (Article 5, fourth paragraph) Name and address of the requesting authority:

United States District Court Northern District of California ­ San Jose Division 280 South 1st Street San Jose, CA 95113 USA
Particulars of the parties*:

Bernard Kasser
c/o STMicroelectrics Rousset SAS 190 Avenue Celestin Coq Zone Industrielle 13106 Rousset Cedex, France

JUDICIAL DOCUMENT**
Nature and purpose of the document: To give notice to the witness of the taking of his deposition at the place and time stated on the Subpoena in a Civil Case. Nature and purpose of the proceedings and, where appropriate, the amount in dispute: The taking of a deposition of a third party witness. Date and place for entering appearance**: See Subpoena in a Civil Case Court which has given judgment**: Not applicable (N/A) Date of judgment**: Not applicable (N/A) Time-limits stated in the document**:

Defendant is to appear at the deposition on the date and time set forth in the Subpoena in a Civil Case.

EXTRAJUDICIAL DOCUMENT**
Nature and purpose of the document: Not applicable (N/A) Time-limits stated in the document**: Not applicable (N/A)

* If appropriate, identity and address of the person interested in the transmission of the document. ** Delete if inappropriate.
USM-94

3

DESCRIPTION OF PROCEEDINGS

(1) The evidence to be obtained:

Information related to the conception, reduction to practice, and prosecution of U.S. Patent No. 5,825,352.
(2) The names and addresses of the persons to be examined:

Bernard Kasser c/o STMicroelectrics Rousset SAS 190 Avenue Celestin Coq Zone Industrielle 13106 Rousset Cedex, France (3) The questions to be put to the witnesses, or a statement of the subject matter on which they are to examined:

Mr. Kasser will be examined on subject matter related to the conception, reduction to practice, and prosecution of U.S. Patent No. 5,825,352.
(4) The documents or other property to be inspected:

See Exhibit A to the subpoena.
(5) Whether the evidence is to be given under oath or affirmation, and any specific form of oath that must be used:

Yes, the evidence is to be given under oath or affirmation. No specific form of oath must be used.
(6) Whether any special procedure or method should be followed in taking the evidence: No special procedure is requested.

USM-94

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