Personalized User Model LLP v. Google Inc.

Filing 258

REDACTED VERSION of 257 Notice (Other) of Subpoenas by Personalized User Model LLP, Konig Yochai. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Tigan, Jeremy)

EXHIBIT 1

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

Plaintif

)

)

v.

)
)
)
)

Google Inc.
Defendant

Civil Action No. 1 :09-cv-525 (LPS)

(If

the action is pending in another district, state where:

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

ri Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a
you are an organization that is not a par in this case, you must designate
one or more offcers, 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:
deposition to be taken in this civil action. If

Place: SNR Denton US LLP
1530 Page Mill Road, Suite 200

Date and Time:
05/12/2011 09:00

Palo Alto CA 94304

The deposition wil be recorded by this method: Stenographic and video
o Production: You, or your representatives, must also bring with you to the deposition the following documents,
the

electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of

material:

The provisions of

Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule
not doing so, are

45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of

attached.
Date: 04/26/2011

CLERK OF COURT

OR

Isl Jennifer Bennett
Signature of

The name, address, e-mail, and telephone number of

Clerk or Deputy Clerk
the attorney representing (name of

Attorney's signature

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; Tel: [phone]; Email: jennifer.bennett~snrdenton.com

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)

o I personally served the subpoena on the individual at (place)
on (date)

; or

o 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)
o I served the subpoena on (name of

, and mailed a copy to the individual's last known address; or
individual)

, who

is

designated by law to accept service of process on behalf of (name of organization)

on (date)

; or
; or

o I returned the subpoena unexecuted because

o Other (specif):

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 $

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:

0.00

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 par 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

(d) Duties in Responding to a Subpoena.
(1) Producing Documents or Electronically Stored Information.

part may move the issuing court for an order compellng production

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) Formfor Producing Electronically Stored Information Not
Specifed. 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 ifthe requesting party shows
good cause, considering the limitations of
Rule 26(b)(2)(C). The

or inspection.

court may specifY conditions for the discovery.

earnings and reasonable attorney's fees - on a par 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 part 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 ofthe 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

(ii) These acts may be required only as directed in the order, and
the order must protect a person who is neither a part nor a par's

offcer from significant expense resulting from compliance.
(3) Quashing or Modifing 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 part nor a par's offcer

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;
(ii) 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:
trade secret or other confidential research,
(i) disclosing a
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 par; or

(ii) a person who is neither a par nor a party's offcer to incur
substantial expense to travel more than 100 miles to attend triaL.

(C) Specifing 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 ifthe serving par:
(i) shows a substantial need for the testimony or material that
canot be otherwise met without undue hardship; and

(ii) ensures that the subpoenaed person wil be reasonably
compensated.

(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
the withheld documents,
(ii) describe the nature of
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 ofthe claim and the basis for it.
After being notified, a par 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 part 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 nonpart's failure to obey must be excused ifthe
subpoena purports to require the nonparty to attend or produce at a
place outside the limits of
Rule 45(c)(3)(A)(ii).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWAR
PERSONALIZED USER MODEL,
L.L.P.,
Plaintiff,

)
)
)
)
) C.A. No. 09-525 (LPS)

v.

)

GOOGLE, INC.,

)
)
)
)
)

Defendant.

NOTICE OF RULE 30(b )(6) DEPOSITION OF SRI INTERNATIONAL
PLEASE TAKE NOTICE that, pursuant to Rules 26 and 30 of

the Federal Rules of

Personalized User Model, L.L.P. ("P.U.lv.") wil take the

Civil Procedure, Plaintiff

deposition of Third Pary SRI International ("SRI") concerning the topics identified in
Exhibit A, beginning at 9:00 a.m. on May 12,2011, or at an otherwise mutually agreeable
date, and wil be held

at the offices of SNR Denton US LLP, 1530 Page Mil Road, CA
the deposition is not completed on

94304, or at an otherwise mutually agreeable location. If

the date set out above, the taking of the deposition wil continue day to day thereafter or

pursuant to the paries' agreement. The deposition wil be recorded by stenographic,
videographic, and/or audiographic means.
Pursuant to Rule 30(b)(6) of

the Federal Rules of

Civil Procedure, SRI is directed to

designate one or more officers, directors, or managing agents, or other persons who wil
testify on its behalf, who are most knowledgeable regarding the matters identified in the

attached Exhibit A. SRI is requested to provide a written designation of the names and
positions of the officers, directors, managing agents, or other persons designated to testify

concerning the matters identified in the attached Exhibit and, for each person, identify the
matters on which he or she will testify.

P.U.M. reserves the right to serve additional 30(b)(6) notices.

Dated: April 26, 2011

By: Isl Jennifer D. Bennett
Jennifer D. Bennett (California State Bar
No. 235196)
SNR Denton US LLP
1530 Page Mil Road, Suite 200
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
E-Mail: jennifer.bennett~snrdenton.com

Marc S. Friedman
SNR Denton US LLP
1221 Avenue of the Americas
New York, NY 10020-1089
Telephone: [phone]

Facsimile: [phone]
E-Mail: marc.friedman~snrdenton.com
Attorneys for Plaintiff
PERSONALIZED USER MODEL, L.L.P.

2

CERTIFICATE OF SERVICE
I hereby certify that on April 26, 201 1, copies of the foregoing were caused to be

served bye-mail upon the following:
Richard L. Horwitz
David E. Moore
POTTER ANDERSON & CaRRO

ON LLP

1313 N. MarketSt., 6th Floor

Wilmington, DE 19801

rhorwitz(!potternanderson.com
dmoore(!potteranderson.com
Brian C. Cannon

QUIN EMANUEL URQUHART OLIVER
& HEDGES, LLP

briancannon(!q uinnemanuel.com
Charles K. Verhoeven

QUIN EMANUEL URQUHART OLIVER
& HEDGES, LLP

charlesverhoeven(!quinnemanuel.com
David A. Perlson

QUIN EMANUEL URQUHART OLIVER

& HEDGES, LLP

davidperlson(!quinnemanuel.com
Antonio R. Sistos

QUIN EMANUEL URQUHART OLIVER

& HEDGES, LLP

antoniosistos(!quinnemanuel.com

/s/ Jennifer D. Bennett
Jennifer D. Bennett (CaL. Bar. No. 235196)

SNR Denton US LLP
1530 Page Mil Road, Suite 200
Palo Alto, CA 94304-1 125
[phone]

3

EXHIBIT A

, , ui'- ",

I DEFINITIONS
1.

"SRI" "YOU" and "YOT il "mean SRI International and its offcers directors

curent 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 ventues, 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 offcers, directors, curent and former

employees, counsel, agents, consultants, representatives, attorneys, and any other persons
acting on behalf of any of the foregoing, and Google' s affliates, parents, divisions, joint

ventues, 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. "

4. "

5. "DOCUM' shall mean all materials and inormation that are discoverable
pursuat to Rule 34 ofthe Federal Rules of

Civil Procedure. A draft or non-identical copy is a

separate document with the meang of this term.

6. "PUM and "PLAIIFF" shall mean Personalized User Model LLP., Plaintiff in
the civil case captioned Personalized User Model, LLP v. Google Inc., Case No. 09-525 (JJF).

7. The term "PERSON' shal refer to any individua, corporation, proprietorship,
association, joint ventue, company, parership or other business or legal entity, including

governental bodies and agencies.
8. "REFLECT," "REFLECTIG," "RELATE TO," "REFER TO," "RELATIG

TO," and "REFERRG TO" shall mean relating to, referrng to, concerning, mentioning,
reflecting, pertaining to, evidencing, involving, describing, discussing, commenting on,
embodying, responding to, supporting, contradicting, or constituting (in whole or in par), as the
context makes appropriate.
9. "Include" and "including" shall mean including without limitation.
10. Use of

the singular also includes the plural and vice-versa.

i i. The words "or" and "and" shall be read in the conjunctive and in the disjunctive
wherever they appear, and neither of these words shall be interpreted to limit the scope of these
lnterrogatories.
i 2. The use of a verb in any tense shall be constred as the use of the verb in all other

tenses.

2

DEPosmON TOPICS
1. All facts and circumstances, including but not limited to all documents, and

communications, whether written, oral or otherwise, relating to any work, including but not
limited to research and development work, performed by or on behalf of SRI in connection with

, including for each project the start and
termination dates of

the project, the identities and roles of all Persons at SRI who worked on

each project, the specific contributions by each such Person to each project, and the identity and
function of any algorithms used in connection with each project.

3