Arasan Chip Systems, Inc. v. Sonix Technology Co, Ltd

Filing 8

REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY) re 4 MOTION for Issuance of Letters Rogatory filed by Arasan Chip Systems, Inc. Signed by Judge Patricia V. Trumbull on May 28, 2009. (pvtlc2, COURT STAFF) (Filed on 5/28/2009)

Case 5:09-cv-02172-PVT

Document 4-2

Filed 05/20/2009

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW M O U N T A I N VI E W

RODGER R. COLE (CSB NO. 178865) [e-mail] DAN KO OBUHANYCH (CSB NO. 255160) [e-mail] FENWICK & WEST LLP Silicon Valley Center 801 California Street Mountain View, CA 94041 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff ARASAN CHIP SYSTEMS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ARASAN CHIP SYSTEMS, INC., a California Corporation Plaintiff, v. SONIX TECHNOLOGY CO., LTD., Defendant. Case No.: C09 02172 PVT REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY) Magistrate Judge Patricia V. Trumbull Complaint filed: May 18, 2009

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THE UNITED DISTRICT COURT for the Northern District of California presents its compliments to the Appropriate Judicial Authority of Taiwan, and requests international assistance to effect service of process to be used in a Civil proceeding before this court in the above captioned matter. A trial on this matter has not yet been scheduled, but will likely be set for 2010 in San Jose, California, U.S.A. I. REQUEST This Court requests the assistance described herein as necessary in the interests of justice and to ensure that any monetary judgment issued by this Court will be enforceable in Taiwan. The assistance is that the Appropriate Judicial Authority of Taiwan effect Service of Process of the following documents:
REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY) CASE NO.: C 09 02172

Case 5:09-cv-02172-PVT

Document 4-2

Filed 05/20/2009

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW M O U N T A I N VI E W

Complaint for Damages for Breach of Contract and Exhibit A; Civil Cover Sheet; Summons in a Civil Action; Order Setting Initial Case Management Conference and ADR Deadlines; Standing Order for Civil Practice in Cases Assigned for All Purposes to Magistrate Judge Patricia V. Trumbull; Standing Order for All Judges of the Northern District of California; Standing Order Regarding Case Management in Civil Cases; Document entitled "Consenting To A Magistrate Judge's Jurisdiction In The Northern District Of California;" and Local court guidelines, electronic case filing documents and ADR documents. Service of the above documents is to be made on: Sonix Technology Co., Ltd. 10F-1, No. 36 Taiyuan Street Chupei City, Hsinchu, Taiwan, R.O.C. The Appropriate Judicial Authority of Taiwan is requested to serve the above-mentioned documents by personal service into the hands of a director, managing agent to other person authorized to accept service, or in a manner of service consistent with the laws of Taiwan. II. FACTS OF CASE Arasan Chip Systems, Inc. ("Arasan"), alleges that Sonix Technology Co., Ltd. ("Sonix") has materially breached an intellectual property licensing agreement dated February 20, 2009, by not paying license fees to Arasan, by ignoring Arasan's demands for payment, and by improperly attempting to terminate the agreement. Except for those obligations that have been excused by Sonix's material breach, Arasan has fully performed its obligations under the agreement. Through this lawsuit, Arasan seeks to recover damages from Sonix for breach of contract. III. OFFER OF RECIPROCAL ASSISTANCE The United States District Court of the Northern District of California is willing to provide similar assistance to the judicial authorities of Taiwan. See 28 U.S.C. § 1696(a). ///
REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY) 2 CASE NO.: C09 02172 PVT

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Case 5:09-cv-02172-PVT

Document 4-2

Filed 05/20/2009

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW M O U N T A I N VI E W

IV.

REIMBURSEMENT FOR COSTS Arasan's counsel (Dan Ko Obuhanych of Fenwick & West, Silicon Valley Center, 801

California Street, CA 94041) is willing to reimburse the judicial authorities of Taiwan for costs incurred in executing the U.S. District Court's Letter Rogatory, up to and including $1,000 U.S. Dollars. Arasan's counsel requests that the judicial authorities of Taiwan contact Arasan's counsel before exceeding $1,000 U.S. Dollars. Dated: ______________ [SEAL OF COURT] By: Honorable Patrcia V. Trumbull United States District Court Northern District of California San Jose, CA 95113 U.S.A
May 28, 2009

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REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY) 3 CASE NO.: C09 02172 PVT