Personalized User Model LLP v. Google Inc.

Filing 214

NOTICE of Subpoena of SRI International by Personalized User Model LLP (Attachments: # 1 Exhibit 1)(Tigan, Jeremy)

Personalized User Model LLP v. Google Inc.

Doc. 214 Att. 1

EXHIBIT 1

Dockets.Justia.com

AO 88A (Rev. 01/09) Subpoena to Testify at a Deposition or to Produce Documents in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California
Personalized User Model, LLP
Plaintiff

v.
Google, Inc.
Defendant

) ) ) ) ) )

Civil Action No. 1:09-cv-525 (LPS)
(If the action is pending in another district, state where: __________ District of __________ District of Delaware )

SUBPOENA TO TESTIFY AT A DEPOSITION OR TO PRODUCE DOCUMENTS IN A CIVIL ACTION To: SRI International
333 Ravenswood Avenue, Menlo Park, CA 94025

' Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a deposition to be taken in this civil action. If you are an organization that is not a party in this case, you must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or those set forth in an attachment:

Place: SNR Denton US LLP
1530 Page Mill Road, Suite 200 Palo Alto, CA 94304

Date and Time:
03/21/2011 09:00

The deposition will be recorded by this method: Stenographic and video ' Production: You, or your representatives, must also bring with you to the deposition the following documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the material:

The provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule 45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are attached. Date:
03/09/2011

CLERK OF COURT

OR
/s/ Jennifer Bennett
Attorney's signature

Signature of Clerk or Deputy Clerk

The name, address, e-mail, and telephone number of the attorney representing (name of party) Personalized User Model, LLP , who issues or requests this subpoena, are:
Jennifer Bennett SNR Denton US LLP 1530 Page Mill Road, Suite 200, Palo Alto, CA 94304; T: 650.798.0300; Email: [e-mail]

AO 88A (Rev. 01/09) Subpoena to Testify at a Deposition or to Produce Documents in a Civil Action (Page 2)

Civil Action No. 1:09-cv-525 (LPS) PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 45.) This subpoena for (name of individual and title, if any) was received by me on (date) .

' I personally served the subpoena on the individual at (place) on (date) ' I left the subpoena at the individual's residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual's last known address; or , who is on (date) ' I returned the subpoena unexecuted because ' Other (specify): . Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of $ My fees are $ . for travel and $ for services, for a total of $
0.00

; or

' I served the subpoena on (name of individual) designated by law to accept service of process on behalf of (name of organization) ; or

; or

.

I declare under penalty of perjury that this information is true. Date:
Server's signature

Printed name and title

Server's address

Additional information regarding attempted service, etc:

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AO 88A (Rev. 01/09) Subpoena to Testify at a Deposition or to Produce Documents in a Civil Action (Page 3)

Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07)
(c) Protecting a Person Subject to a Subpoena. (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction -- which may include lost earnings and reasonable attorney's fees -- on a party or attorney who fails to comply. (2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial. (B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises -- or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply: (i) At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling production or inspection. (ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's officer from significant expense resulting from compliance. (3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the issuing court must quash or modify a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person who is neither a party nor a party's officer to travel more than 100 miles from where that person resides, is employed, or regularly transacts business in person -- except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held; (iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permitted. To protect a person subject to or affected by a subpoena, the issuing court may, on motion, quash or modify the subpoena if it requires: (i) disclosing a trade secret or other confidential research, development, or commercial information; (ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party; or (iii) a person who is neither a party nor a party's officer to incur substantial expense to travel more than 100 miles to attend trial. (C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party: (i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and (ii) ensures that the subpoenaed person will be reasonably compensated. (d) Duties in Responding to a Subpoena. (1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information: (A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand. (B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. (C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form. (D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery. (2) Claiming Privilege or Protection. (A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must: (i) expressly make the claim; and (ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim. (B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trialpreparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved. (e) Contempt. The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits of Rule 45(c)(3)(A)(ii).

EXHIBIT A I . DEFINITIONS 1. "SRI," "YOU," and "YOUR," means SRI International, and its officers, directors,

current and former employees, counsel, agents, consultants, representatives, and any other persons acting on behalf of any of the foregoing, and SRI International's affiliates, parents, divisions, joint ventures, licensees, franchisees, assigns, predecessors and successors in interest, and any other legal entities, whether foreign or domestic, that are owned or controlled by SRI International, and all predecessors and successors in interest to such entities. 2. "Google" means Google, Inc. and its officers, directors, current and former

employees, counsel, agents, consultants, representatives, attorneys, and any other persons acting on behalf of any of the foregoing, and Google's affiliates, parents, divisions, joint ventures, licensees, franchisees, assigns, predecessors and successors in interest, and any other legal entities, whether foreign or domestic, that are owned or controlled by Google, and all predecessors and successors in interest to such entities. 3. "Lawsuit" means the case styled Personalized User Model LLP v. Google, Inc.,

1:09-cv-525, in the United States District Court for the District of Delaware. 4. "`040 PATENT" means U.S. Patent No. 6,981,040, entitled "Automatic,

Personalized Online Information and Product Services," all underlying patent applications, all continuations, continuations-in-part, divisionals, reissues, and any other patent applications in the `040 patent family 5. "`031 PATENT" means U.S. Patent No. 7,320,031, entitled "Automatic,

Personalized Online Information and Product Services," all underlying patent applications, all continuations, continuations-in-part, divisionals, reissues, and any other patent applications in the

`031 patent family. 6. "`276 PATENT" means U.S. Patent No. 7,685,276, entitled "Automatic,

Personalized Online Information and Product Services," all underlying patent applications, all continuations, continuations-in-part, divisionals, reissues, and any other patent applications in the `031 patent family. 7. "PATENTS-IN-SUIT" shall refer to the `040 PATENT, the `031 PATENT, and

the `276 PATENT individually and collectively. 8. "DOCUMENT" shall mean all materials and information that are discoverable

pursuant to Rule 34 of the Federal Rules of Civil Procedure. A draft or non-identical copy is a separate document within the meaning of this term. 7. "PUM" and "PLAINTIFF" shall mean Personalized User Model LLP., Plaintiff in

the civil case captioned Personalized User Model, LLP v. Google Inc., Case No. 09-525 (JJF). 8. The term "PERSON" shall refer to any individual, corporation, proprietorship,

association, joint venture, company, partnership or other business or legal entity, including governmental bodies and agencies. 9. "REFLECT," "REFLECTING," "RELATE TO," "REFER TO," "RELATING

TO," and "REFERRING TO" shall mean relating to, referring to, concerning, mentioning, reflecting, pertaining to, evidencing, involving, describing, discussing, commenting on, embodying, responding to, supporting, contradicting, or constituting (in whole or in part), as the context makes appropriate. 10. 11. 12. "Include" and "including" shall mean including without limitation. Use of the singular also includes the plural and vice-versa. The words "or" and "and" shall be read in the conjunctive and in the disjunctive

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wherever they appear, and neither of these words shall be interpreted to limit the scope of these Interrogatories. 13. tenses. DEPOSITION TOPICS 1. All facts and circumstances, including but not limited to all communications whether The use of a verb in any tense shall be construed as the use of the verb in all other

written, oral or otherwise, between Google and SRI, concerning all transactions, contracts, agreements and understandings, and payments between Google and SRI concerning the patentsin-suit or any invention(s) claimed therein, and/or Yochai Konig. 2. 3. The work performed by Yochai Konig while at SRI. Any and all documents or other evidence that Dr. Konig developed the inventions claimed

in the patents-in-suit using SRI's equipment, supplies, facility, or trade secret information, or during the time of day when he was supposed to be working for SRI. 4. All documents provided by SRI to Google regarding Yochai Konig or work performed by

him for SRI. 5. All invoices submitted by SRI to Google for work responding to discovery in connection

with this lawsuit. 6. SRI's knowledge of Yochai Konig and/or Utopy's work after Dr. Konig left the

employment of SRI. 7. Activities of the SRI Speech Technology and Research (STAR) Laboratory from 1996

through 1999. 8. All business relationships or contracts between SRI and Google, or subsidiary or affiliate

of Google, including, but not limited to (a) all work performed by SRI for Google, or subsidiary or affiliate of Google, in the last 10 years; (b) all work performed by Google, or subsidiary or affiliate of Google, for SRI in the last 10 years, and (c) all sums of money received by SRI from

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Google, or any subsidiary or affiliate of Google, or any officers or directors of these entities in the last 10 years. 9. All documents produced by SRI to PUM under the previously served subpoena, including, but

not limited, to the authenticity of such documents and the manner in which they were created and kept. 10. All information received from third parties relating to any of the above subjects.

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