Nokia Corporation v. Apple Inc.

Filing 280

NOTICE of SUBPOENAS (directed to various individuals - see notice for details) by Nokia Corporation, Nokia Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Blumenfeld, Jack)

EXHIBIT 3

AO 88A (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action

UNITED STATES DISTRICT COURT
for the __________ District of __________ Northern District of California
Nokia Corporation
Plaintiff

v.
Apple Inc.
Defendant

) ) ) ) ) )

Civil Action No. 1:09-cv-00791-GMS
(If the action is pending in another district, state where: __________ District of __________ District of Delaware )

SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION To: William A. Gardner
Statistical Signal Processing, 1909 Jefferson St., Napa, CA 94599

' 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: Alston & Bird LLP, 275 Middlefield Road, Suite 150,
Menlo Park, CA 94025-4008

Date and Time:
04/12/2011 9:00 am

The deposition will be recorded by this method:

Court reporter and videographer

' 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:
See Attachment A for document requests. Please provide the requested documents to Rohan Kale's attention at Alston & Bird LLP, 1201 West Peachtree Street, Atlanta, GA 30309-3424 by April 1, 2011.

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:
03/21/2011

CLERK OF COURT OR
/s/ Rohan Kale
Signature of Clerk or Deputy Clerk Attorney's signature

The name, address, e-mail, and telephone number of the attorney representing (name of party) Nokia Corporation , who issues or requests this subpoena, are:
Rohan Kale, Esq.; Alston & Bird LLP, One Atlantic Center, 1200 W Peachtree St., Atlanta, Georgia 30309-3423; 404881-7000; [e-mail]

AO 88A (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action (Page 2)

Civil Action No. 1:09-cv-00791-GMS 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 served the subpoena by delivering a copy to the named individual as follows: on (date) ' I returned the subpoena unexecuted because: . 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 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:

Print

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AO 88A (Rev. 06/09) Subpoena to Testify at a Deposition 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).

Attachment A

ATTACHMENT A INSTRUCTIONS A. These document requests are intended to cover all documents and things

in your possession, custody or control. A document or thing is deemed to be in your possession, custody, or control if: a. it is in your physical control; or b. if it is in the physical control of any other person or entity and you own the document or thing in whole or in part, have the right by contract, statute, or otherwise to use, inspect, examine, or copy that thing or document on any terms; or c. if you have, as a practical matter, been able to use, inspect, examine, or copy that document or thing when you have sought to do so or could do so. B. This subpoena includes documents that exist in electronic form

(including electronic mail, electronic files, back-up tapes, magnetic tapes, memory sticks, PDAs, and diskettes).

C.

If any document or thing requested was formerly in your possession,

custody or control and has since been lost or destroyed, you shall submit, in lieu of each such document, a written statement which: 1. identifies the document by providing the author(s), addressee(s), recipient(s), title, date, subject matter, number of pages, and identifies all persons who ever possessed copies; and 2. states when and how the document was lost or destroyed, and if destroyed, identifies each person having knowledge concerning such destruction or loss and the person(s) requesting and performing such destruction, the reasons for such destruction, and identifies each document evidencing the document's prior existence and/or facts concerning its destruction. D. These document requests are continuous in nature under Fed. R. Civ. P.

26(e). If you subsequently obtain information or documents that render your initial responses to these document requests incomplete or inaccurate, you are to amend your responses and production promptly to make them complete and accurate. E. Documents withheld pursuant to a claim of attorney-client privilege,

attorney work product, or other applicable privilege must be separately identified in a privilege log and served on counsel for Nokia Corporation and Nokia Inc. DEFINITIONS 1. "Document" is synonymous in meaning and equal in scope to the usage of

this term in Fed. R. Civ. P. 34(a) and includes, without limitation, any written, printed, typed, electronic, photocopied, photographed, recorded, or otherwise reproduced communication or representation. A draft or non-identical copy is a separate document within the meaning of this term. 2. "Prior Art" means and refers to any reference or subject matter predating

the filing date of US Patent No. 5,848,105, October 10, 1996, and set forth in or relevant under 35 U.S.C. § 102 and 35 U.S.C. § 103. 3. "Relating to" or "concerning" means, without limitation, referring to,

having any relationship to, pertaining to, reflecting, evidencing, involving, describing, or constituting, whether directly or indirectly, in whole or in part, the subject matter of the particular request. 4. The words "and" and "or" shall be construed conjunctively or

disjunctively, whichever makes this subpoena more inclusive, and "any" shall mean each and every.

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5.

The "105 patent" means U.S. Patent No. 5,848,105 (attached as

Attachment B hereto), any other member of the 105 patent family, and any foreign counterparts to the 105 patent. 6. The "625 application" means U.S. Application Serial No. 729,625 filed on

or about October 10, 1996. 7. "Mr. William A. Gardner," "you," and "your" mean William A. Gardner. DOCUMENTS AND THINGS TO BE PRODUCED 1. All documents relating to the conception, actual or constructive reduction

to practice, research, development, design, structure, function, and operation of the inventions claimed, discussed and/or described in the 105 patent. 2. All documents relating to the 105 patent, including, but not limited to, all

documents relating to the prosecution of the 105 patent. 3. All documents relating to every patent or patent application that claims

priority from a common ancestor to the 105 patent. 4. All documents relating to any divisional or continuation application patent

claiming priority from the 105 patent. 5. 6. the 105 patent. 7. All documents relating to the respective contributions of You and Stephan All invention disclosures relating to the 105 patent. All documents relating to your contribution to any claimed invention of

V. Schell to any claimed invention of the 105 patent. 8. All searches, and the results of all searches, investigation, and/or analysis

for prior art or material related to the subject matter disclosed, described or claimed in the

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patent application that issued as the 105 patent. This request includes without limitation all materials or things discovered, collected, or found during or as a result of any such searches, investigation, and/or analysis. 9. 10. 11. All Prior Art to the 105 patent. All communications concerning Prior Art to the 105 patent. All Documents related to the first sale, first offer for sale, first public

demonstration, first printed publication, first public use, first public disclosure of and first use of the subject matter described, disclosed or claimed in the 105 patent. 12. Documents sufficient to show the first public description of the subject

matter described, disclosed or claimed in the 105. 13. With respect to 105 patent, all documents referring to or concerning any

decision by any Person to disclose or not to disclose to any patent examiner or office any reference, document, or information. This request includes without limitation: (a) any opinions or advice of counsel concerning the same, (b) any document concerning the applicant, licensee, or assignee's knowledge or understanding of disclosure obligations, and (c) a copy of the reference, document, or information that was not disclosed. 14. All documents related to any unique or specialized meaning (different

from its everyday common use) of any word or phrase contained in any of the claims of the 105 patent. 15. All documents concerning the scope, validity, and/or patentability of the

105 patent. This request includes without limitation documents constituting or concerning: (a) any validity studies or opinions regarding validity; and (b) any assertion by any Person that the 105 patent is valid or invalid.

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16.

All documents relating to any patent or patent application claiming

priority to 625 application. 17. 18. 19. 20. patent. 21. All documents relating to any work you performed related to GMSK All invention disclosures relating to the 625 application. All Prior Art to the 625 application. All communications concerning Prior Art to the 625 application. All documents and correspondence relating to the prosecution of the 625

Signal processors for improved communications capacity and quality at or near the time of filing of the applications that ultimately issued as the 105 patent. 22. All documents relating to or concerning any conferences, seminars,

workshops, forums or similar events you attended at or near the time of filing of the applications that ultimately issued as the 105 patent.

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Attachment B