Nokia Corporation v. Apple Inc.

Filing 375

NOTICE of Issuance of Amended Subpoena upon Carl I. Brundidge by Apple Inc. (Moore, David)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
NOKIA CORPORATION,
Plaintiff,
v.
APPLE INC.,
Defendant.
APPLE INC.
Counterclaim-Plaintiff,
v.
NOKIA CORPORATION and NOKIA INC.
Counterclaim-Defendants.

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C.A. No. 09-791-GMS
JURY TRIAL DEMANDED

NOTICE OF AMENDED SUBPOENA
PLEASE TAKE NOTICE that, pursuant to Rule 45 of the Federal Rules of Civil
Procedure, defendant Apple Inc. will serve the attached amended subpoena (Exhibit 1), in the
above-referenced action.
OF COUNSEL:
William F. Lee
WILMERHALE
60 State Street
Boston, MA 02109
Tel: [phone]
Mark D. Selwyn
WILMERHALE
950 Page Mill Road
Palo Alto, CA 94304
Tel: [phone]

POTTER ANDERSON & CORROON LLP

By:

/s/ David E. Moore
Richard L. Horwitz (#2246)
David E. Moore (#3983)
Hercules Plaza, 6th Floor
1313 N. Market Street
Wilmington, DE 19899
Tel: [phone]
[e-mail]
[e-mail]

Attorneys for Defendant/Counterclaim-Plaintiff
Apple Inc.

Kenneth H. Bridges
Michael T. Pieja
BRIDGES & MAVRAKAKIS LLP
540 Cowper Street, Suite 100
Palo Alto, CA
Tel: [phone]
Dated: May 23, 2011
1013944 / 35035

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

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

v.
Apple Inc.
Defendant

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Civil Action No. 09-791-GMS
(If the action is pending in another district, state where:
__________ Districtof Delaware
District of __________

)

SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
To: Carl I. Brundidge
Brundidge & Stanger, P.C., 1700 Diagonal Road, Suite 330, Alexandria, VA 22314

✔
u 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: Wilmer Cutler Pickering Hale and Dorr LLP

Date and Time:

1875 Pennsylvania Avenue, NW
Washington, DC 20006

The deposition will be recorded by this method:

06/20/2011 9:00 am
Video and Stenographer

✔
u 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 to Notice of Deposition.
Please produce documents responsive to the attached requests by no later than June 8, 2011 at
Wilmer Cutler Pickering Hale and Dorr LLP
1875 Pennsylvania Avenue, NW
Washington, DC 20006

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:

05/23/2011

CLERK OF COURT
OR
/s/ Samuel Maselli
Signature of Clerk or Deputy Clerk

Attorney’s signature

The name, address, e-mail, and telephone number of the attorney representing (name of party)
Apple Inc.
, who issues or requests this subpoena, are:
Samuel Maselli, Esq., Wilmer Cutler Pickering Hale and Dorr LLP, 950 Page Mill Road, Palo Alto, California 94304,
[e-mail], Tel: [phone], Fax: [phone]

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

Civil Action No. 09-791-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)

.

u I served the subpoena by delivering a copy to the named individual as follows:
on (date)

; or

u 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 $

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. 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).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
NOKIA CORPORATION,
)
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Plaintiff,
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v.
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APPLE, INC.,
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Defendant.
)
__________________________________________)
)
APPLE INC.
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Counterclaim-Plaintiff,
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v.
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NOKIA CORPORATION AND NOKIA INC.
)
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Counterclaim-Defendants.
)
__________________________________________)

C.A. 09-791-GMS
JURY TRIAL DEMANDED

COUNTERCLAIM PLAINTIFF APPLE INC.’S
NOTICE OF DEPOSITION OF CARL I. BRUNDIDGE
PLEASE TAKE NOTICE THAT, on June 20, 2011 at 9:00 a.m., at the offices of
Wilmer Cutler Pickering Hale and Dorr LLP, 1875 Pennsylvania Avenue, NW, Washington, DC
20006, and continuing day-to-day until completed or adjourned, Counterclaim Plaintiff, Apple
Inc. by and through its undersigned counsel, will proceed to take the testimony upon oral
examination of Carl I. Brundidge.
The examination will be taken before a Notary Public or other person authorized to
administer oaths and will be recorded stenographically and by video. Real-time transcription
(e.g., LiveNote) may be used as well. Testimony derived pursuant to this Notice of Deposition
shall be used for any and all appropriate purposes permitted by the Federal Rules of Evidence.

You are invited to attend and cross-examine.

OF COUNSEL:
William F. Lee
WILMERHALE
60 State Street
Boston, MA 02109
Tel: [phone]
Mark D. Selwyn
WILMERHALE
950 Page Mill Road
Palo Alto, CA 94304
Tel: [phone]
Kenneth H. Bridges
Michael T. Pieja
WONG CABELLO
540 Cowper Street
Suite 100
Palo Alto, CA
Tel: [phone]

POTTER ANDERSON & CORROON LLP

By: /s/ David E. Moore
Richard L. Horwitz (#2246)
David E. Moore (#3983)
Hercules Plaza, 6th Floor
1313 N. Market Street
Wilmington, DE 19899
Tel: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant/Counterclaim-Plaintiff
Apple Inc.

Dated: May 23, 2011

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ATTACHMENT A
DEFINITIONS
The following definitions are applicable herein, regardless of whether upper or lower
case letters are used:
1.

“You” or “your” refers to Carl I. Brundidge, Esq., his partners, former partners,

associates, former associates, agents, or any other person who acted on or purported to act on his
behalf. “You” or “your” also refers to Brundidge & Stanger PC.
2.

“Apple” means and refers to defendant and counterclaim plaintiff Apple Inc., its

officers, directors, employees, partners, corporate parent, subsidiaries, affiliates, divisions,
attorneys, and agents.
3.

“Nokia” collectively means and refers to plaintiff and counterclaim defendants

Nokia Corporation and Nokia Inc. and includes, without limitation, each of its predecessors,
present or former parents, subsidiaries, affiliated or controlled companies or joint ventures, its
respective current or former directors, officers, employees, agents, attorneys, accountants and
any other person who acted on or purported to act on their or any of their behalf.
4.

“This Litigation” means and refers to the above-referenced action, entitled Nokia

Corporation v. Apple Inc., et al., C.A. 09-791-GMS.
5.

“‘402 Patent” means and refers to U.S. Patent No. 6,452,402 issued on September

17, 2002 and entitled “Apparatus for Determining the Type of External Device Being
Connected,” and any foreign counterparts.
6.

“‘402 Inventor” means and refers to Kanji Kerai.

7.

“‘402 Related Patents” means any patent or patent application that concern the

same or similar subject matter as the ‘402 Patent, as well as any continuation, continuation in

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part, divisional, or any other patent or patent application (including rejected, abandoned, or
pending applications) derived in whole or in part from said application, and all foreign
counterpart patents or patent application (including rejected, abandoned, or pending
applications).
8.

“‘402 Prior art” means all publications, patents, physical devices, prototypes,

uses, sales, offers for sale or other activity concerning the subject matter claimed in the ‘402
Patent and existing on, or occurring at, a date such as to be relevant under any subdivision of 35
U.S.C. §§ 102 or 103.
9.

The term “communication” means the transmittal of information (in the form of

facts, ideas, inquiries or otherwise).
10.

The term “document” is used in its normally broad sense as defined in Rule 34(a)

of the Federal Rules of Civil Procedure, and includes, without limitation: originals, final
versions, drafts and every copy of writings and printed, handwritten, typed, and other graphic or
photographic matter, including microfilm of any kind or nature, recordings (tape, disk, or other)
of oral communications, electronic mail, and other data compilations from which information
can be obtained, in the possession, custody, or control of Brundidge & Stanger PC and/or Carl I.
Brundidge, Esq.
11.

The term “identify,” when referring to a person, means to give, to the extent

known, the person’s full name, present or last known address and when referring to a natural
person, additionally, the present or last known place of employment. The term “identify,” when
referring to documents, means to give, to the extent known, the (i) type of document, (ii) general
subject matter; (iii) date of the document, (iv) author(s), addressee(s), and recipient(s).
12.

The term “concerning” means relating to, referring to, regarding, describing,

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discussing, evidencing, or constituting.
13.

The term “relating to” means, without limitation, concerning, alluding to,

referring to, constituting, describing, discussing, evidencing, or regarding.
14.

The words “and” and “or” shall be construed conjunctively or disjunctively,

whichever makes this subpoena more inclusive.
15.

The words “any,” “all” and “each” shall be construed as each and every.

16.

The use of the singular form of any word includes the plural, and the use of the

plural form of any word includes the singular.

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INSTRUCTIONS
The following instructions are applicable herein:
1.

Produce all responsive documents and things in your possession, custody, or

control.
2.

Produce all documents and things requested in the same file or manner in which

they are kept in the usual course of business.
3.

Provide the following information for any responsive document or thing withheld

from production on the grounds that it is protected from disclosure by the attorney-client
privilege, the work product doctrine, or any other relevant privilege:
a.

The author of the document;

b.

The person(s) for whom the document was prepared, to whom it was sent,
or who received copies;

c.
d.

The subject matter of the document;

e.

The type of document (e.g., letter, memorandum, note, report, etc.)

f.

The number of pages and attachments; and

g.
4.

The date of the document;

The nature and the basis for the claim of privilege.

This subpoena includes documents that exist in electronic form (including

electronic mail, back-up tapes, magnetic tapes, and diskettes).
5.

More than one paragraph of this request may ask for the same documents. The

presence of such duplication is not to be interpreted to narrow or limit the normal interpretation
placed upon each individual request. Where a writing is requested in more than one numbered
paragraph, only one copy of it need be produced.
6.

If you object to a request, or any part of a request, produce all documents to which

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your objection does not apply.
7.

In the event that multiple copies of a document exist, produce every copy on

which appear any notations or marking of any sort not appearing on any other copy.
8.

If you are aware of a document or thing, or group of documents or things, that

once existed but has been destroyed or discarded since January 1994, you are requested to state
the type of document or thing or group of documents or things, the date it was created, the date it
was destroyed or discarded, and the identity of the persons having knowledge of the contents of
the document or thing, or group of documents and things.
9.

A copy of the Protective Order entered in this case is attached.

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DOCUMENT REQUESTS
Document Request No. 1
All documents concerning the conception or reduction to practice—whether actual or
constructive—of the subject matter of each claim of the ‘402 Patent. This includes, without
limitation, invention disclosures, notebooks, memoranda, reports, journals, drawings, schematics,
specifications, diagrams, computer records, diaries, calendars, test results, or patent prosecution
records.
Document Request No. 2
All documents relating to any work, research, tests, experiments, studies, or prototypes,
whether complete, incomplete, or prematurely terminated, undertaken by any person, relating to
the alleged invention disclosed or claimed in the ‘402 Patent.
Document Request No. 3
All documents concerning information received by You from—or given by You to—a
‘402 Inventor, or Nokia concerning the subject matter of the ‘402 Patent or any ‘402 Related
Patent.
Document Request No. 4
All documents concerning communications between or among any combination of the
following: You, a ‘402 Inventor, and/or Nokia concerning: (a) the ‘402 Patent or any ‘402
Related Patent, (b) the application for the ‘402 Patent or any ‘402 Related Patent, (c) the subject
matter of the ‘402 Patent or any ‘402 Related Patent.
Document Request No. 5
All documents concerning communications between You and any other person
concerning (a) the ‘402 Patent or any ‘402 Related Patent, (b) the application for the ‘402 Patent

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or any ‘402 Related Patent, (c) the subject matter of the ‘402 Patent or any ‘402 Related Patent.
Document Request No. 6
All documents concerning the preparation, filing, or prosecution of the applications for
the ‘402 Patent or ‘402 Related Patents. This includes, but is not limited to (a) the prosecution
history file for the ‘402 Patent and each patent and/or application in the ‘402 Related Patents; (b)
all references cited during the prosecution of such patent applications; (c) every Office Action
and paper filed or served in the course of the prosecution thereof; (d) all correspondence,
memoranda, notes and/or other documents relating to the prosecution thereof; (e) all prior art
cited; and (f) all inventions disclosures, engineering/lab notebooks, journals, declarations,
correspondence, notes, testing results, and/or other documents relating to any work underlying
the alleged inventions claimed in the ‘402 Patent or ‘402 Related Patents.
Document Request No. 7
All documents concerning any communications, meeting, or contact with the United
States Patent and Trademark Office, or any foreign patent office, concerning the ‘402 Patent or
any ‘402 Related Patent.
Document Request No. 8
All documents concerning the identification or determination of the inventor for the ‘402
Patent.
Document Request No. 9
All documents concerning any ownership, right, title, or interest to the ‘402 Patent,
including without limitation any transfer or assignment thereof.
Document Request No. 10
All documents concerning Nokia’s decision to seek patent protection for the subject

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matter of any claim of the ‘402 Patent or any ‘402 Related Patent.
Document Request No. 11
All documents relating to any mode of practicing any claim of the ‘402 Patent, including
without limitation the best mode. This includes without limitation modes contemplated by a
‘402 Inventor at or before the time of filing the patent application that led to the ‘402 Patent or
any ‘402 Related Patent.
Document Request No. 12
All documents relating to the first disclosure to any person of the subject matter of any
claim of the ‘402 Patent.
Document Request No. 13
All documents relating to the first public disclosure to any person of the subject matter of
any claim of the ‘402 Patent.
Document Request No. 14
All documents relating to the first public written description, first public use, first public
demonstration, first offer to sell, or first sale of the invention(s) claimed in the ‘402 Patent, or of
any embodiment thereof.
Document Request No. 15
All documents concerning any analysis, opinion, or inquiry regarding the ‘402 Patent.
This includes without limitation all documents concerning the ownership, inventorship,
patentability, validity, enforceability, or infringement of the ‘402 Patent, including but not
limited to any documents created or discovered in connection with any prior art search and/or
relating to pre-litigation investigations performed by or on behalf of Nokia or a ‘402 Inventor.

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Document Request No. 16
All prior art or potential prior art to the ‘402 Patent. This includes without limitation all
prior art or potential prior art obtained, reviewed, or considered by you before, during, or after
the prosecution of the ‘402 Patent or any ‘402 Related Patent, including but not limited to any
prior art asserted against the ‘402 Patent in any proceeding or brought to your attention by any
person.
Document Request No. 17
All documents concerning any effort to search for, identify, locate, collect, review,
analyze or otherwise obtain evidence of prior art with respect to the ‘402 Patent or any ‘402
Related Patent, including any literature, patent, publication, or prior art searches.
Document Request No. 18
All documents concerning any alleged or potential secondary considerations or other
objective evidence of non-obviousness concerning the ‘402 Patent (e.g., commercial success,
long-felt need, commercial acquiescence, expressions of skepticism, copying, teaching away,
successful or failed attempts by others, and/or simultaneous development).
Document Request No. 19
All documents concerning any decision as to what prior art to cite, or not to cite, during
the prosecution of the ‘402 Patent. This includes without limitation any decision by any
applicant or any other person to disclose, to withhold, and/or otherwise not to disclose (to the
U.S. or any foreign patent examiner or office) any reference or any other document during the
prosecution of any patent application resulting in the ‘402 Patent, including without limitation:
(a) any opinions or advice of counsel concerning the same; and (b) any document concerning the
applicant, licensee, or assignee’s knowledge or understanding of disclosure obligations.

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Document Request No. 20
All documents concerning funding for the work underlying the ‘402 Patent, including
without limitation all communications, agreements, proposals, status reports, test results,
research reports, literature reviews, requests for funding, and funding documentation
Document Request No. 21
Any article, scholarly work, publication, lecture, or presentation authored in whole or part
by the ‘402 Inventor.
Document Request No. 22
All documents authored, presented, or published (in whole or part) by or on behalf of the
‘402 Inventor that concern the ‘402 Patent or any ‘402 Related Patent, or the subject matter of
the ‘402 Patent or any ‘402 Related Patent, including but not limited to articles, publications,
internal memoranda, and reports.
Document Request No. 23
All documents concerning any unique or specialized meaning (different from its
everyday common use) of any word or phrase contained in any of the claims of the ‘402 Patent.
Document Request No. 24
All documents concerning any other lawsuits or legal or administrative proceedings of
any kind involving the ‘402 Patent or any ‘402 Related Patent, including but not limited to
depositions, briefs, affidavits motions/briefs, affidavits/declarations, deposition/hearing
transcripts, privilege logs, witness statements, exhibits, expert reports, or discovery requests and
responses thereto.
Document Request No. 25
All documents concerning the research, design, development, operation, manufacture,

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assembly, testing, marketing, offer for sale, or sale of any product that allegedly embodies—or
whose use allegedly embodies—any claim of the ‘402 Patent.
Document Request No. 26
All documents concerning notice of the ‘402 Patent to Apple or any other alleged or
potential infringer.
Document Request No. 27
All documents concerning any decision or opinion of Nokia to file suit, not to file suit, or
to delay filing suit against Apple for alleged infringement of any patent, including without
limitation the ‘402 Patent.
Document Request No. 28
All documents concerning any product, instrumentality, or process accused of infringing
the ‘402 Patent, including without limitation all documents constituting or concerning: (a) the
infringement or non-infringement of the ‘402 Patent by Apple or any other Person; (b) any
investigation, examination, study, report, reverse engineering, examination, inspection, survey,
critique or analysis; and (c) how and when you, the ‘402 Inventor, or Nokia first became aware
of the existence of said product, instrumentality, or process.
Document Request No. 29
All documents concerning communications between Nokia or the ‘402 Inventor on the
one hand, and Apple on the other hand.
Document Request No. 30
To the extent not duplicative of previous requests, all documents concerning the ‘402
Patent.

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Document Request No. 31
All documents concerning Apple or any Apple product.
Document Request No. 32
All documents concerning any and all licensing customs, practices or policies of Nokia.
Document Request No. 33
All documents concerning any valuation of the ‘402 Patent or any ‘402 Related Patent, or
any attempt to assign a value to the ‘402 Patent, any ‘402 Related Patent, or any combination of
patents that include the ‘402 Patent.
Document Request No. 34
All documents concerning agreements or negotiations relating to the ‘402 Patent or any
‘402 Related Patent, including but not limited to licenses, license negotiations, draft license
agreements, licensing correspondence, sublicenses, offers for licenses or sublicenses, demand
letters, covenants not to sue, or settlement agreements, whether ultimately consummated or not.
Document Request No. 35
Any documents concerning communications between you and Alston & Bird LLP,
Morris, Nichols, Arsht & Tunnell LLP, any other counsel for Nokia, or the ‘402 Inventor
concerning this Litigation, the ‘402 Patent.
Document Request No. 36
All documents concerning the transfer or destruction of any of the documents requested
by any of the foregoing requests.
Document Request No. 37
All documents concerning the document retention or document destruction policies of
Brundidge & Stanger PC, whether formal or informal.

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
I, David E. Moore, hereby certify that on May 23, 2011, the attached document was
electronically filed with the Clerk of the Court using CM/ECF which will send notification to the
registered attorney(s) of record that the document has been filed and is available for viewing and
downloading.
I hereby certify that on May 23, 2011, the attached document was electronically mailed to
the following person(s)
VIA ELECTRONIC MAIL
Jack B. Blumenfeld
Rodger D. Smith II
Morris, Nichols, Arsht & Tunnell LLP
1201 North Market Street
Wilmington, DE 19899
[e-mail]
[e-mail]

Alston & Bird LLP
[e-mail]

/s/ David E. Moore
Richard L. Horwitz
David E. Moore
POTTER ANDERSON & CORROON LLP
[phone]
[e-mail]
[e-mail]
941557/35035