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 2

AO 88B (Rev. 01/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of

Premises

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 PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
OR TO PERMIT INSPECTION OF PREMISES
To: SRI

International
333 Ravenswood Avenue, Menlo Park, CA 94025

If Production.' YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
the
material:
documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of

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

Date and Time:
05/09/2011 10:00

Palo Alto, CA 94304

o Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
other propert possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
may inspect, measure, survey, photograph, test, or sample the propert or any designated object or operation on it.

I Place

I Date and Time:

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

The provisions of

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

/s/ 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 88B (Rev. 01/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises (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 to (name of

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

individual)

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):

the United States, or one of its officers or agents, I have also
Unless the subpoena was issued on behalf of
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 88B (Rev. 01/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of

Premises (Page 3)

Federal Rule ofCivIl 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 andserving 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 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 ofthe materials or
to inspecting the premises - or to producing electronically stored

information in the form or forms requested, The objection must be
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

served before the earlier of

part 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 par 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 pary's offcer
to travel more than i 00 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:
(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 par; or

(ii) a person who is neither a par nor a par's offcer to incur
substantial expense to travel more than i 00 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,

(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) Formfor Producing Electronically Stored Iriormation 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 Iriormation 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
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 of

the 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
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,
reasonable steps to retrieve the information if

(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 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),

EXIIT A

DEFIONS
1. "SRI," "YOU," and "YOUR" mean SRI International, and its offcers, 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 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 SRI

International, and all predecessors and successors in interest to such entities.
2. "Go

ogle" means Google, Inc. and its offcers, 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 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 Rile 34 ofthe Federal Riles of

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

separate document withi the meang of this term.

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

1

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, respondig 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 "of' and "and" shal be read in the conjlUctive and in the disjlUctive
wherever they appear, and neither of these words shal be interpreted to lit the scope of these

Interrogatories.
i 2. The use of a verb in any tense shall be constred as the use of the verb in all other

tenses.

2

INSTRUCTIONS
The following instrctions shall apply to each of

the Document Requests herein:

1. If any portion of a DOCUMNT or TIG is responsive to a request, the
entire DOCUMNT or TIG shall be produced redacting only privileged material, if any.

2. YOU are to produce the original and each non-identical copy of each
DOCUMNT or TIG requested herein that is in YOUR possession, custody or control.

3. DOCUMNTS produced pursuat to these requests shall be produced in
the original files and shall not be shufed or otherwise rearanged. DOCUMNTS which were
stapled, clipped, or otherwise fastened together shall be produced in that förm.

4. TIGS produced pursuant to these requests shall be produced in their
present form and shall not be changed or modifed in any way.

5. In the event that any DOCUMNT or TIG called for by these requests
or subsequent requests is to be witheld on the basis of a claim of privilege or imunty from
discovery, that DOCUMNT or TIG is to be identifed by stating:
(a) the author(s), addressee(s) and any indicated or blind copyee(s);

(b) the DOCUMNT's or TIG's date, number of pages and
attchments or appendices;

3

the document;

(c) the subject matter(s) of

( d) the natue of the privilege or iminty asserted; and

( e ) any additional facts upon which you would base your claim of

privilege or imrmity.

6. In the event that any DOCUMNT or TIG called for by these requests
or subsequent requests has been destroyed or discarded, that DOCUMNT or TIG is to be
identifed by stating:
( a) the author( s), addressee( s) and any indicated or blind copyee( s);

(b) the DOCUMNT's or TIG's date, number of pages and
attchments or appendices;

( c ) the DOCUMNT's or TIG's subject matter;
( d ) the date of destrction or discard, maner of destrction or discard,

and reason for destrction or discard;

( e ) the PERSONS who were authoried to can out such destrction
or discard; and

the DOCUMNT or TIG presently exist

(f) whether any copies of

and, if so, the name of the custodian of each copy.
7. These Requests shall be deemed continuing so as to require fuer and

supplemental production in accordace with the Federal Rules of Civil Procedure.

4

DOCUMNTS TO BE PRODUCED
REQUEST FOR PRODUCTION NO.1:
All documents relating to any work, including but not limited to research and development

work, performed by or on behalf of SRI in connection with