NOKIA CORPORATION v. APPLE INC.

Filing 1

MOTION to Compel Deposition Testimony of Third Party Witnesses (filing fee $39, receipt number 4616038910) by NOKIA CORPORATION (Attachments: # 1 Declaration of Rohan Kale, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E part 1, # 7 Exhibit E part 2, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Text of Proposed Order)(smm)

EXHIBIT H

Mitchell, April
From:
Sent:
To:
Cc:
Subject:

Kale, Rohan
Friday, April 29, 2011 3:49 PM
Byron Pickard
David Cornwell; Maria Cabico; Hannah J. Robinson; Hemminger, Steve; Newton, Mike; WH
USDC-DE 09-791 EXTERNAL
RE: Apple Subpoenas

Dear Byron,
We are disappointed that we have not heard from you. It has been 10 days since you said you will confer with your
clients regarding these depositions. We have been trying to obtain proposed deposition dates from you for Messrs.
Sterne, Perry, Coller, and Bezos for almost the entire month of April. Please provide dates for these witnesses no later
than Wednesday, May 4. If we do not receive proposed dates for these witnesses by that time, we will seek judicial
enforcement of the subpoenas.
In addition, we have not received the documents you promised that are responsive to the subpoena for the 703 patent.
Please confirm that we will receive them by next Wednesday.
Best Regards,
Rohan
From: Byron Pickard [mailto:[e-mail]]
Sent: Tuesday, April 19, 2011 6:45 PM
To: Kale, Rohan
Cc: David Cornwell; Maria Cabico; Hannah J. Robinson; Hemminger, Steve; Newton, Mike
Subject: RE: Apple Subpoenas
Dear Rohan,
We've received your emails. Unfortunately, I was tied up with deposition preparation last week and am tied up this week
with depositions in another matter. I still need to confer with my clients concerning these depositions. Once that is done, I
will let you know our final position; I expect that will be soon. However, as I stated in my letter objecting to your
subpoenas, the depositions dates in your subpoenas conflict with the calendars of Messrs. Sterne, Perry, Coller, and
Bezos—not to mention that one of the proposed dates is Good Friday. Therefore, they will not appear on the dates you
subpoenaed them. However, there may be a way for us to accommodates your needs, but, again, I first need to confer
with my clients.
Very Best,
Byron
From: Kale, Rohan [mailto:[e-mail]]
Sent: Monday, April 18, 2011 8:06 PM
To: Kale, Rohan; Byron Pickard
Cc: David Cornwell; Maria Cabico; Hannah J. Robinson; Hemminger, Steve; Newton, Mike
Subject: RE: Apple Subpoenas

Byron,

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I have yet to receive a response from you regarding the outstanding deposition subpoenas to Messrs. Robert
Sterne, Glenn Perry, Rich Coller, and Sal Bezos. If we do not hear back from you by close of business
tomorrow with proposed, alternate deposition dates, we will expect Messrs. Sterne, Perry, Coller, and Bezos to
appear on the dates and the location specified in the subpoenas.
Best Regards,
Rohan
From: Kale, Rohan
Sent: Thursday, April 14, 2011 10:07 AM
To: Kale, Rohan; Byron Pickard
Cc: David Cornwell; Maria Cabico; Hannah J. Robinson; Hemminger, Steve; Newton, Mike
Subject: RE: Apple Subpoenas

Byron,
During our meet and confer yesterday, you offered to provide a 30(b)(6) witness on specific topics if we agreed
to withdraw the subpoenas to Messrs. Robert Sterne, Glenn Perry, Rich Coller, and Sal Bezos. This alternative
is unacceptable to us. We believe these individuals have personal knowledge as to non-privileged issues to this
litigation and we intend to go forward with the depositions as indicated in the subpoenas. Please let me know if
you will be proposing alternative deposition dates for Messrs. Sterne, Perry, Coller, and Bezos.
Best Regards,
Rohan
From: Kale, Rohan
Sent: Tuesday, April 12, 2011 10:42 PM
To: Byron Pickard
Cc: David Cornwell; Maria Cabico; Hannah J. Robinson; Nokia-Apple-09-791
Subject: Re: Apple Subpoenas

Byron,
Yes, tomorrow at 3:00 pm works for me.
Rohan
On Apr 12, 2011, at 18:14, "Byron Pickard" <[e-mail]> wrote:
Rohan,

Can you talk tomorrow at 3 pm?

Byron

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From: Kale, Rohan [mailto:[e-mail]]
Sent: Tuesday, April 12, 2011 6:06 PM
To: Kale, Rohan; Byron Pickard
Cc: David Cornwell; Maria Cabico; Hannah J. Robinson; Nokia-Apple-09-791
Subject: RE: Apple Subpoenas

Dear Byron,

I write to follow up regarding the outstanding deposition subpoenas to Robert Sterne, Glenn
Perry, Rich Coller, and Sal Bezos. Please let me know when you will be available this week for
a meet and confer to discuss alternate dates for the depositions. If we do not hear back from
you, we will expect Mr. Sterne, Mr. Perry, Mr. Coller, and Mr. Bezos to appear on the dates and
at the location specified in the subpoenas.

Best Regards,

Rohan Kale
Alston & Bird LLP
1201 West Peachtree Street
Atlanta, GA 30309
404-881-7690 - Direct Dial
404-253-8760 - Fax
[e-mail]

From: Kale, Rohan
Sent: Monday, April 11, 2011 2:09 PM
To: Byron Pickard
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Cc: David Cornwell; Maria Cabico; Hannah J. Robinson; Hemminger, Steve; Newton, Mike
Subject: RE: Apple Subpoenas

Dear Byron,

I write in response to your letter dated April 8, 2011 regarding the deposition subpoenas to
Robert Sterne, Glenn Perry, Rich Coller, and Sal Bezos. In your letter, you state that questions
concerning reexamination of patents asserted in the litigation will be protected by attorney client
privilege and the attorney work product doctrine. We disagree. Discussions with the Patent
Examiner during the reexamination proceedings are not protected by the work product doctrine
or by attorney client privilege. We also disagree with your characterization of the requests
being for the purpose of harassing Apple's attorneys. We are entitled to deposition testimony on
all matters presented to the Patent Examiner.

Please let me know when you are available for a meet and confer to discuss your concerns and
alternate dates for the depositions.

Best Regards,

Rohan Kale
Alston & Bird LLP
1201 West Peachtree Street
Atlanta, GA 30309
404-881-7690 - Direct Dial
404-253-8760 - Fax
[e-mail]

From: Byron Pickard [mailto:[e-mail]]
Sent: Friday, April 08, 2011 9:18 PM
To: Kale, Rohan
Cc: David Cornwell; Maria Cabico; Hannah J. Robinson
Subject: Apple Subpoenas
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Dear Rohan,

Please see the attached.

Best,

Byron

Byron Pickard
Sterne, Kessler, Goldstein and Fox P.L.L.C.
1100 New York Ave., N.W.
Washington, D.C. 20005
Direct: 202-772-8521
Main: 202-371-2600
Fax: [phone]
e-mail [e-mail]
www.skgf.com

Assistant: Maria Cabico (202-772-8816)

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