Mirror Worlds, LLC v. Apple, Inc.

Filing 75

NOTICE by Apple, Inc. Notice of Subpoena to Julie Teodosio (Attachments: #1 Subpoena to Julie Teodosio)(Mehta, Sonal)

Mirror Worlds, LLC v. Apple, Inc.

Doc. 75 Att. 1

Issued by the

United States District Court
DISTRICT OF

CONNCTICUT

MIROR WORLDS, LLC, Plaintiff
v.
APPLE INC.,

SUBPOENA IN A CIVIL CASE
CASE NUMBER: 1 6:08 cv 88 LED

(Eastern District of Texas, Tyler Division)
Defendant.

TO:

Julie Teodosio
10 Oak St Branford, CT 06405-4523

(J YOU AR COMMANED to appear in the United States District Court at the place, date, and time specified below to testify in the above case.
PLACE OF lETIONY
COURTROOM

DATE AND TIM

ø YOU AR COMMANED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case.
PLACE OF DEPosmON

DATE AND TI

Weil Gotshal & Manges, LLP 767 Fifth Avenue New York, NY 10022

June 10,2009 9:30am

ø YOU AR COMMANDED to produce and permt inspection and copying of the following documents or objects at the place, date, and time specified below (list documents or objects): See Attachment A.
PLACE

DATE AND TI

Weil Gotshal & Manges, LLP 767 Fifth Avenue New York, NY 10022

May 22, 2009

9:30am

YOU AR COMMED to permt inspection ofthe following premises at the date and time specified below.
PREMISES

DATE AND TI

Any organization not a pary to this suit that is subpoenaed for the taking of a deposition shall designate one or more offcers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person d¡signated, the matters on which the person wil testify. Federal Rules of Civil Procedure. 30(b)(6).
rrH.E ,"'0""" W ATI,," :

,,,,,m,,0" D..AN~

DATE

May 1,2009
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AT RN FOR DEFENDANT APPLE INC.
IS'SUING OFFICER'S NAM, ADDRESS AND PHONE NUMBER

Sonal N. Mehta, Weil, Gotshal & Manges LLP, 201 Redwood Shores Parkway, Redwood Shores, CA 94065;
Telephone [phone]
(See Rule 45, Federal Rules of

Civil Procedure Pars C & D on Reverse)

1 If action is pending in distrct other than distrct of issuance, state distrct under case number.

Dockets.Justia.com

PROOF OF SERVICE
DATE

PLACE

SERVED
SERVED ON (pRINT NAME)

MANR OF SERVICE

SERVED BY (pRINT NAM)

TITLE

DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in
the Proof of Service is tre and correct.

Executed on
DATE

SIGNATU OF SERVER
ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Par C & D:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.

that, subject to the provisions of clause (c)(3)(B)(iii) of ths rule, such a person may
in order to attend tral be conunded to travel from any such place withn the state

(1) A pary or an attorney responsible for the issuance and service of a subpoena shall
tae reasonable steps to avoid imposing undue burden or expense on a person subject to

that subpoena. The cour on behalf of which the subpoena was issued shall enforce ths duty and impose upon the pary or attorney in breach of ths duty an appropriate sanction, which may include, but is not limited to, lost earngs and a reasonable attorney's fee.

in which the tral is held, or (ii) requires disclosur of privileged or other protected matter and no exception or waiver applies, or (iv) subjects a person to undue burden.

(B) If a subpoena

(2)(A) A person conunded to produce and permit inspection and copying of
designated books, papers, documnts or tangible thgs, or inspection of premises need

not appear in person at the place of production or inspection unless conunded to appear for deposition, hearng or tral.

(i) requires disclosure of a trde secret or other confdential research, development, or commrcial informtion, or
(ii) required disclosur of an untained expert's opinion or informtion not
describing speific events or occurnces in dispute and resulting from the expert's

(B) Subject to pargraph (d)(2) of ths rule, a person conunded to produce and
permit inspection and copying may, withn 14 days after service of the subpoena or before

study made not at the request of any pary, or (iii) requires a person who is not a party or an offcer of a pary to incur substantial
expense to travel more thn 100 miles to attnd tral, th cour may, to protect a

the time specified for compliance if such time is less thn 14 days aftr service, serve upon the pary or attorney designated in the subpoena wrtten objection to inspection or copying of any or all of the designated materials or of the premises. If objection is made, the pary serving the subpoena shall not be entitled to inspect and copy the materials or inspet the premises except pursuant to an order of the cour by which the subpoena was issued. If objection has been made, the pary serving the subpoena may, upon notice to the person commded to produce, move at any ti for an order to compel the production. Such an order to compel production shall protect any person who is not a
pary or an offcer of a pary from signficant expense resulting from the inspection and

person subject to or affected by the subpoena, quash or modify the subpoena or, if the

pary in whose behalf the subpoena is issued shows a substantial need for the
testimony or material tht canot be otherwise met without undue hadship and

assurs tht the person to whom the subpona is addressed wil be reasonably

compensated, the cour may order appearce or production only upon specified conditions.

(d) DUTIE IN REPONDING TO SUBPOENA.
(l) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course business or shall organie and label them to correspond of

copying conunded.

(3)(A) On timely motion, the cour by which a subpoena was issued shall quash or
modify the subpoena if it

with the categories in the demand.

(i) fails to allow reasonable time for compliance;

(ii) requis a person who is not a par or an offcer of a pary to trvel to a place more thn 100 miles from the place where tht person resides, is employed or
regularly transacts business in person, except

(2) When informtion subject to a subpoena is witheld on a claim tht is privileged or subject to protection as tral preparation materials, the claim shall be made expressly and shall be supported by a description of the natu of the documents, communcations, or thngs not produced that is suffcient to enable the demanding pary to contest the claim.

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ATTACHMENT A
Pursuant to Rule 45 of the Federal Rules of Civil Procedure, Defendant and

Counterclaimant Apple Inc. hereby requests that Julie Teodosio produce for inspection and
copying the documents and things requested.

DEFINITIONS

1. "Yale" means Yale University, its predecessors, successors, divisions,
deparments, and other organizational and operating units of any of the foregoing, and all past
and present directors, officers, employees, agents, affiliates, representatives (including
consultants and attorneys), and others purporting to act on its behalf.
2. "You" or "Your" means you, Julie Teodosio, or anyone working on your behalf.

3. "Mirror Worlds" means Mirror Worlds LLC, Mirror Worlds Technologies, Inc.,

Lifestreams, Inc., Abacus Ventures, Recognition Interface, Inc., Recognition Interface LLC,

Plainfield Specialty Holdings I, Inc., their predecessors, successors, past and present parents,
subsidiares, divisions, deparments, and other organizational and operating units of any of the

foregoing, and all past and present directors, officers, employees, agents, affilates,
representatives (including consultants and attorneys), and others purporting to act on their behalf.
4.

"Dr. Gelernter" means Dr. David Gelernter, Ph.D., or anyone working on his

behalf.
5.
"Dr. Carero" means Dr. Nicholas Carero, Ph.D., or anyone working on his

behalf.
6. 7.
8.

"Dr. Freeman" means Dr. Eric Freeman, Ph.D., or anyone working on his behalf.

"Scott Fertig" means Scott Fertig, or anyone working on his behalf. "Randy Prager" means Randy Prager, or anyone working on his behalf.

9. "Peter Sparago" means Peter Sparago, or anyone working on his behalf.

10. The "Lifestreams Project" means all research, writing or work relating to the Yale

Lifestreams Project (including without limitation as described at http://cswww.cs.yale.edu/homes/freeman/lifestreams.html), or to research, writing or work relating to

lifestreams by anyone associated with Yale or anyone affiliated with Yale, including without
limitation, Dr. Gelernter, Dr. Carero, Dr. Freeman, Scott Fertig, Randy Prager or Peter Sparago.
11. "Document" shall have the meaning set forth in Federal Rule of Civil Procedure

34, and shall include without limitation, information stored in electronic, magnetic, or optical
media, drafts, all translations of documents, and all materials relating to communications.

12. "Communication" means any form of oral or written interchange or attempted

interchange, whether in person, by telephone, by facsimile, by telex, by electronic mail, or by
any other medium.

13. "Concerning" means pertaining to, referrng to, and/or relating to the matter
specified.

INSTRUCTIONS
1. This request seeks production of all documents and things described in the request

which are in your possession, custody or control, whether prepared by you or anyone else, and in
any location they may exist.
2. If you withhold any document or any portion thereof on a claim of privilege,

provide a privilege log pursuant to Fed. R. Civ. P. 26.
3. If you contend that a portion of a document contains information which is

immune from discovery, then produce the document with the immune portion redacted therefrom
and describe the redacted portion in a privilege log pursuant to Fed. R. Civ. P. 26 (b)(5).

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4. The words "and" and "or" shall be used conjunctively or disjunctively, whichever

makes the request more inclusive.

5. The words "any," "all," or "each" shall be construed as "any, all, and each"
inclusively.
6. The singular form of a word shall include the plural and vice versa.

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REQUESTS FOR DOCUMNTS AND THINGS
REQUEST NO.1:
All documents and things relating to technical reports concerning the Lifestreams

Project, including, without limitation, Yale University Deparment of Computer Science
Technical Report TR1070.

REQUEST NO.2:
All documents and things relating to fies, indices, lists, binders, repositories or
other systems for maintaining, keeping, tracking and organizing any technical reports concerning

the Lifestreams Project, including, without limitation, any files, indices, lists, or binders in Your
possession or control concerning technical reports relating to the Lifestreams Project.

REQUEST NO.3:
All documents and things relating to the distribution of any technical reports
concerning the Lifestreams Project, including, without limitation, any files, indices, lists, or
records in Your possession or control concerning the distribution of technical reports relating to
the Lifestreams Project.

REQUEST NO.4:

All documents and things relating to communications between You and any

person seeking access to any files, indices, lists, or records concerning the distribution of
technical reports relating to the Lifestreams Project.

REQUEST NO.5:
All documents and things concerning communications between You and any
person seeking access to Yale University Deparment of Computer Science Technical Report
TR1070.

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REQUEST NO.6:
All documents and things concerning any person or entity who requested or had
access to fies, indices, lists, binders, repositories or other systems for maintaining, keeping,

tracking and organizing any technical reports concerning the Lifestreams Project, including inter

alia, when and how such individuals or institutions requested, received or had access to files,
indices, lists, binders, repositories or other systems for maintaining, keeping, tracking and

organizing any technical reports concerning the Lifestreams Project.
REQUEST

NO. 7:
All documents and things concerning any person or entity who requested

technical reports concerning the Lifestreams Project, who received technical reports concerning
the Lifestreams Project, and who had access to technical reports concerning the Lifestreams

system, including inter alia, when such individuals or institutions requested, received or had
access to technical reports concerning the Lifestreams Project.

REQUEST NO.8:

All documents and things concerning policies, procedures or practices for
generating, maintaining, keeping, tracking, organizing and distributing technical reports,
including inter alia, when, where and how technical reports are generated and printed; where,

how, and by whom technical reports are maintained; and when, how, by whom and to whom
technical reports are distributed.

REQUEST NO.9:
All documents and things concerning policies, procedures or practices relating to
access to fies, indices, lists, binders, repositories or other systems for maintaining, keeping,

tracking and organizing any technical reports including inter alia, when, where and how such

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files, indices, lists, binders, repositories or other systems for maintaining, keeping, tracking and

organizing any technical reports are created and updated; where, how, and by whom files,
indices, lists, binders, repositories or other systems for maintaining, keeping, tracking and
organizing any technical reports are maintained; and when, how, and by whom such files,

indices, lists, binders, repositories or other systems for maintaining, keeping, tracking and

organizing any technical reports can be accessed.

REQUEST NO. 10:
All documents and things concerning the content of the fourth paragraph of the
Information Disclosure Statement submitted by Richard S. Milner on March 19, 1998 to the

United States Patent and Trademark Office located in the prosecution file history of U.S. Patent

No. 6,006,227, including without limitation, all documents and things relating to Mr. Milner's
statements that the Technical Report entitled "The 'Lifestreams' Approach To Reorganizing the
Information World," dated April 1995 "was stored at Yale University in the fies of Chrstopher

Hatchell, an Administrative Associate, whose tasks included distribution of this Technical
Report," that "According to Mr. Hatchell's records and to the best of his knowledge, this

Technical Report was not distributed outside of the Deparment of Computer Science at Yale
University," and that "the list containing bibliographic information about the Technical Report

from which the technical report number was determned, is kept in a locked fie in the Office of
Computer Science at Yale University."

REQUEST NO. 11:
All documents and things relating to communications between You and any other
person or entity concerning the content of the fourth paragraph of the Information Disclosure

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Statement submitted by Richard S. Milner on March 19, 1998 to the United States Patent and
Trademark Office located in the prosecution file history of U.S. Patent No. 6,006,227.

REQUEST NO. 12:
All documents and things concerning Your April 16, 2009 Declaration.

REQUEST NO. 13:

All documents and things concerning the content of Your April 16, 2009
Declaration.

REQUEST NO. 14:

All documents and things concerning the preparation of Your April 16, 2009
Declaration.

REQUEST NO. 15:
All drafts of Your April

16, 2009 Declaration.

REQUEST NO. 16:
All documents and things relating to communications between You and any other
person or entity concerning Your April

16, 2009 Declaration.

REQUEST NO.

17:

All documents and things concerning communications between You and Mirror

Worlds or anyone working on behalf of Mirror Worlds, including without limitation its
attorneys.

REQUEST NO. 18:

All documents and things concerning Your past or present relationship with
Mirror Worlds, including without limitation, any agreements with or compensation received
from Mirror Worlds or its attorneys.

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REQUEST NO. 19:

All documents and things relating to communications between You and Dr.
Gelernter regarding technical reports concerning the Lifestreams Project, including, without

limitation, Yale University Deparment of Computer Science Technical Report TR1070.
REQUEST NO. 20:

All documents and things relating to communications between You and Dr.
Gelernter regarding policies, procedures or practices for generating, maintaining, keeping,

tracking, organizing and distributing technical reports.

REQUEST NO. 21:

All documents and things relating to communications between You and Dr.
Gelernter regarding policies, procedures or practices relating to access to fies, indices, lists,
binders, repositories or other systems for maintaining, keeping, tracking and organizing any

technical reports.

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