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).

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Elan Microelectronics Corporation v. Apple, Inc. Doc. 173 Att. 5 Issued by the UNITED STATES DISTRICT COURT Northern District of California San Jose Division ELAN MICROELECTRONICS CORPORATION, Plaintiff and Counterclaim Defendant, vs. APPLE INC., Defendant and Counterclaim Plaintiff. TO: Bernard Kasser c/o STMicroelectonics Rousset SAS 190 Avenue Celestin Coq Zone Industrielle 13106 Rousset Cedex YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case pursuant to Rule 30(b)(1) of the Fed. R. Civ. P. The deposition will be recorded by video and stenographic means. PLACE OF DEPOSITION DATE AND TIME SUBPOENA IN A CIVIL CASE Case No. c-09-01531 RS (PVT) Northern District of California Les Docks Atrium 10.3 10 Place de la Joliette Cedex 2 Marseille, France 13567 Phone: +33-0491-134500 December 15, 2010 9:00 am YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date, and time specified below: See Exhibit A PLACE DATE AND TIME By delivery to Weil, Gotshal & Manges LLP Attention: Jared Bobrow 2, rue de la Baume Paris, 75008 (postage will be reimbursed by addressee) November 1, 2010 Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure. 30(b)(6). ISSUING OFFICER SIGNATURE AND TITLE DATE ATTORNEY FOR PLAINTIFF AND COUNTERCLAIM DEFENDANT ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER Jared Bobrow Weil, Gotshal & Manges LLP, 201 Redwood Shores Parkway, Redwood Shores, CA 94065 U.S.A. (650) 802-3000 Dockets.Justia.com PROOF OF SERVICE DATE PLACE SERVED SERVED ON (PRINT NAME) MANNER OF SERVICE SERVED ON (PRINT NAME) TITLE DECLARATION OF SERVER 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 correct. Executed on DATE SIGNATURE OF SERVER ADDRESS OF SERVER Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1, 2006: (d) DUTIES IN RESPONDING TO SUBPOENA. (c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) (A) A person responding to a subpoena to produce documents shall produce (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that them as they are kept in the usual course of business or shall organize and label subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and them to correspond with the categories in the demand. (B) If a subpoena does not specify the form or forms for producing impose upon the party or attorney in breach of this duty an appropriate sanction, which may electronically stored information, a person responding to a subpoena must produce include, but is not limited to, lost earnings and a reasonable attorney's fee. the information in a form or forms in which the person ordinarily maintains it or in (2) (A) A person commanded to produce and permit inspection, copying, testing, or a form or forms that are reasonably usable. sampling of designated electronically stored information, books, papers, documents or (C) A person responding to a subpoena need not produce the same tangible things, or inspection of premises need not appear in person at the place of electronically stored information in more than one form. production or inspection unless commanded to appear for deposition, hearing or trial. (D) A person responding to a subpoena need not provide discovery of (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and electronically stored information from sources that the person identifies as not permit inspection, copying, testing, or sampling may, within 14 days after service of the reasonably accessible because of undue burden or cost. On motion to compel subpoena or before the time specified for compliance if such time is less than 14 days after discovery or to quash, the person from whom discovery is sought must show that service, serve upon the party or attorney designated in the subpoena written objection to the information sought is not reasonably accessible because of undue burden or producing any or all of the designated materials or inspection of the premises -- or to cost. If that showing is made, the court may nonetheless order discovery from such producing electronically stored information in the form or forms requested. If objection is sources if the requesting party shows good cause, considering the limitations of made, the party serving the subpoena shall not be entitled to inspect, copy, test, or sample Rule 26(b)(2)(C). The court may specify conditions for the discovery. the materials or inspect the premises except pursuant to an order of the court by which the (2) (A) When information subject to a subpoena is withheld on a claim that it is subpoena was issued. If objection has been made, the party serving the subpoena may, upon privileged or subject to protection as trial-preparation materials, the claim shall be notice to the person commanded to produce, move at any time for an order to compel the made expressly and shall be supported by a description of the nature of the production, inspection, copying, testing, or sampling. Such an order to compel shall protect any person who is not a party or an officer of a party from significant expense resulting from documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. the inspection, copying, testing, or sampling commanded. (B) If information is produced in response to a subpoena that is subject to a (3) (A) On timely motion, the court by which a subpoena was issued shall quash or claim of privilege or of protection as trial-preparation material, the person making modify the subpoena if it the claim may notify any party that received the information of the claim and the (i) fails to allow reasonable time for compliance; basis for it. After being notified, a party must promptly return, sequester, or destroy (ii) requires a person who is not a party or an officer of a party to travel to a place the specified information and any copies it has and may not use or disclose the more than 100 miles from the place where that person resides, is employed or regularly information until the claim is resolved. A receiving party may promptly present the transacts business in person, except that, subject to the provisions of clause (3)(B)(iii) of information to the court under seal for a determination of the claim. If the receiving this rule, such a person may in order to attend trial be commanded to travel from any such party disclosed the information before being notified, it must take reasonable steps place within the state in which the trial is held; to retrieve it. The person who produced the information must preserve the (iii) requires disclosure of privileged or other protected matter and no exception or information until the claim is resolved. waiver applies; or (e) CONTEMPT. (iv) subjects a person to undue burden. Failure of any person without adequate excuse to obey a subpoena served upon that (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, person may be deemed a contempt of the court from which the subpoena issued. An adequate cause for failure to obey exists when a subpoena purports to require a or commercial information, or nonparty to attend or produce at a place not within the limits provided by clause (ii) ' (ii) requires disclosure of an unretained expert's opinion or information not of subparagraph (c)(3)(A). describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for 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 reasonably compensated, the court may order appearance or production only upon specified conditions. 2 EXHIBIT A REQUESTS FOR PRODUCTION REQUEST NO. 1: All documents concerning the conception, reduction to practice, and prosecution of the subject matter of U.S. Patent No. 5,825,352. REQUEST NO. 2: A current copy of your curriculum vitae. Notice: A Protective Order was entered in this case on February 11, 2010, by the United States District Court for the Northern District of California. This Order provides for the protection of confidential information produced by a third party to the litigation. Documents and things provided by you may be designated as "Confidential," "Confidential Attorneys' Eyes Only," or "Confidential Attorneys' Eyes Only Source Code" as provided for in the Protective Order. 1

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