Case 3:20-cv-06754-WHA Document 441 Filed 12/27/22 Page 1 of 10
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN FRANCISCO DIVISION
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`GOOGLE LLC,
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`Plaintiff,
`
`vs.
`
`SONOS, INC.,
`
`Defendant.
`
`Case No. 3:20-cv-06754 WHA
`Related to Case No. 4:21-07559
`
`[PROPOSED] ORDER APPOINTING
`COMMISSIONERS TO TAKE
`EVIDENCE PURSUANT TO CHAPTER
`II, ARTICLE 17 OF THE HAGUE
`CONVENTION OF 18 MARCH 1970 ON
`THE TAKING OF EVIDENCE ABROAD
`IN CIVIL OR COMMERCIAL MATTERS
`
`Referral: Hon. Donna M. Ryu, USMJ
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`01980-00181/13796435.2
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`Ca se No. 3:20-cv-06754 WHA
`___________
`[PROPOSED] ORDER APPOINTING COMMISSIONERS TO TAKE EVIDENCE
`PURSUANT TO CHAPTER II, ARTICLE 17 OF THE HAGUE CONVENTION
`
`

`

`Case 3:20-cv-06754-WHA Document 441 Filed 12/27/22 Page 2 of 10
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`[PROPOSED] ORDER
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`WHEREAS, the Court having previously granted the parties’ Joint Motion for Appointment
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`of Commissioners to Take Evidence Pursuant to Chapter II, Article 17 of the Hague Convention of
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`18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (ECF No. 217)
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`for the remote deposition of Janos Levai;
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`WHEREAS, the Swiss Federal Office of Justice (“FOJ”) having previously granted
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`permission for the taking of the remote deposition of Mr. Levai pursuant to this Court’s Letter of
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`Request;
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`WHEREAS, the Court having recently granted Google LLC’s (“Google”) Motion Amend
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`for Leave to Amend Invalidity Contentions Pursuant to Patent L.R. 3 -6 (“Motion”) and permitted
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`certain amendments to the scope of Google’s Invalidity Contentions;
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`WHEREAS, the Court having also recently permitted Sonos, Inc. (“Sonos”) to take
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`additional deposition testimony of Mr. Levai in connection with granting Google’s Motion;
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`WHEREAS, the parties having requested assistance from this Court to seek a renewal of the
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`FOJ’s permission for the purposes of taking an additional remote deposition of Mr. Levai in
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`Switzerland;
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`WHEREAS, the parties having agreed and requested that Olivier Buff, a Swiss attorney
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`representing the Google LLC, will again be appointed Swiss Commissioner,
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`WHEREAS, the parties having also agreed and requested that Nima Hefazi will again be
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`appointed commissioner for Google, along with James Judah, and that Dan Smith, Michael Boyea,
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`and Sean Sullivan will again be appointed commissioners for Sonos;
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`WHEREAS, the parties have also agreed and requested that the deposition will again take
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`place via remote videoconferencing software from the Swiss offices of Quinn Emanuel at
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`Dufourstrasse 29, 8008 Zürich, Switzerland (or another nearby office if additional space is required);
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`01980-00181/13796435.2
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`Ca se No. 3:20-cv-06754 WHA
`-1-
`___________
`[PROPOSED] ORDER APPOINTING COMMISSIONERS TO TAKE EVIDENCE
`PURSUANT TO CHAPTER II, ARTICLE 17 OF THE HAGUE CONVENTION
`
`

`

`Case 3:20-cv-06754-WHA Document 441 Filed 12/27/22 Page 3 of 10
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`WHEREAS,
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`the Court, having reviewed the Joint Motion for Appointment of
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`Commissioners to Take Evidence Pursuant to Chapter II, Article 17 of the Hague Convention of
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`18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (ECF No. 435)
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`and supporting papers submitted by Google and Sonos for the renewal of the FOJ’s permission.
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`HEREBY ORDERS THAT:
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`(a)
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`(b)
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`The Joint Motion (ECF No. 435) is GRANTED;
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`Pursuant to Article 17 of the Hague Convention, Olivier Buff (the “Swiss
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`Commissioner”), Nima Hefazi, James Judah, Dan Smith, Michael Boyea, and Sean Sullivan
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`(together, the “Commissioners”) are duly appointed, pending the approval of the Swiss FOJ, as
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`commissioners to take evidence in the above-captioned action, specifically in connection with the
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`deposition of Janos Levai;
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`(c)
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`This signed Order will be given to the counsel for the parties and the Swiss
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`Commissioner who is directed to file it together with the renewed request for authorization from the
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`relevant Swiss authorities within five (5) business days of the date of this order;
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`(d)
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`Neither this Order, nor the terms of the Court’s Request (which is incorporated into
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`this Order) shall restrict the scope of discovery otherwise permissible under the Federal Rules of
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`Civil Procedure.
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`(e)
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`Neither this Order, nor the terms of the Court’s Request (which is incorporated into
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`this Order) shall constitute or operate as a waiver of the attorney -client privilege, the work product
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`doctrine, or any other privileges, rights, or protections that may apply to evidence under the laws of
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`Switzerland or the United States.
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`SO ORDERED.
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`DATED:
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`December 27, 2022
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`HON. DONNA M. RYU
`United States Magistrate Judge
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`01980-00181/13796435.2
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`Ca se No. 3:20-cv-06754 WHA
`-2-
`___________
`[PROPOSED] ORDER APPOINTING COMMISSIONERS TO TAKE EVIDENCE
`PURSUANT TO CHAPTER II, ARTICLE 17 OF THE HAGUE CONVENTION
`
`

`

`Case 3:20-cv-06754-WHA Document 441 Filed 12/27/22 Page 4 of 10
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`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
` Charles K. Verhoeven (Bar No. 170151)
` charlesverhoeven@quinnemanuel.com
` Melissa Baily (Bar No. 237649)
` melissabaily@quinnemanuel.com
` Lindsay Cooper (Bar No. 287125)
` lindsaycooper@quinnemanuel.com
`50 California Street, 22nd Floor
`San Francisco, California 94111-4788
`Telephone: (415) 875-6600
`Facsimile: (415) 875-6700
`
`Attorneys for Google LLC
`
`CLEMENT SETH ROBERTS (SBN 209203)
` croberts@orrick.com
`ALYSSA CARIDIS (SBN 260103)
` acaridis@orrick.com
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`The Orrick Building
`405 Howard Street
`San Francisco, CA 94105-2669
`Telephone: +1 415 773 5700
`Facsimile: +1 415 773 5759
`
`Attorneys for Sonos, Inc.
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`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCISCO DIVISION
`
`GOOGLE LLC,
`
`Plaintiff,
`
`vs.
`
`SONOS, INC.,
`
`Defendant.
`
`Case No. 3:20-cv-06754-WHA
`Related to Case No. 3:21-cv-07559-WHA
`
`APPOINTMENT OF COMMISSIONERS
`UNDER THE HAGUE CONVENTION AND
`REQUEST FOR JUDICIAL ASSISTANCE
`
`Referral: Hon. Donna M. Ryu, USMJ
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`01980-00181/13796064.2
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`Ca se No. 3:20-cv-06754 WHA
`APPOINTMENT OF COMMISSIONERS UNDER THE HAGUE CONVENTION
`AND REQUEST FOR JUDICIAL ASSISTANCE
`
`

`

`Case 3:20-cv-06754-WHA Document 441 Filed 12/27/22 Page 5 of 10
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`APPOINTMENT OF COMMISSIONERS UNDER THE HAGUE CONVENTION
`AND REQUEST FOR JUDICIAL ASSISTANCE – RENEWAL OF PERMISSION TO
`TAKE EVIDENCE BY A COMMISSIONER UNDER ARTICLE 17 HAGUE EVIDENCE
`CONVENTION 1970 TO THE FEDERAL OFFICE OF JUSTICE (FOJ), CENTRAL
`AUTHORITY FOR THE REQUEST FOR JUDICIAL ASSISTANCE IN CIVIL AND
`COMMERCIAL MATTERS:
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`The United States District Court for the Northern District of California, located at the
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`Oakland Courthouse, Courtroom 4 – 3rd Floor, 1301 Clay Street, Oakland, CA 94612, presents its
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`compliments to the Federal Office of Justice and has the honor of requesting its assistance in
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`obtaining evidence to be used in a civil proceeding now pending before this Court in the above-
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`captioned matter, specifically by permitting commissioners appointed by this Court to take evidence
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`under Article 17 of the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in
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`Civil or Commercial Matters (“Hague Convention”).
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`Mr. Janos Levai, whose professional address is: Brandschenkestrasse 110, 8002 Zürich,
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`Switzerland, was previously deposed by permission of the Federal Office of Justice in May 2022.
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`However, because this Court recently permitted certain amendments to the scope of Google’s
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`Invalidity Contentions, it appears to this Court that Mr. Levai has additional testimony relevant to
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`this action. It is necessary for the purposes of justice and for the due determination of the matters
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`in question between the parties that Mr. Levai be examined (remotely) again at the Swiss offices of
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`Quinn Emanuel at Dufourstrasse 29, 8008 Zurich, Switzerland or another nearby office if additional
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`space is required, under oath or affirmation. This Court, therefore, respectfully requests your
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`assistance pursuant to the Hague Convention in obtaining additional oral deposition testimony of
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`Mr. Janos Levai under the terms set forth in this Letter of Renewed Request:
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`I.
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`SUMMARY OF ACTION
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`1.
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`The above-captioned actions are properly under the jurisdiction of and are now
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`pending before the United States District Court for the Northern District of California, Oakland
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`Courthouse, Courtroom 4 – 3rd Floor, 1301 Clay Street, Oakland, CA 94612, United States of
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`America. The United States District Court for the Northern District of California is fully sanctioned
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`01980-00181/13796064.2
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`Ca se No. 3:20-cv-06754 WHA
`-1-
`APPOINTMENT OF COMMISSIONERS UNDER THE HAGUE CONVENTION
`AND REQUEST FOR JUDICIAL ASSISTANCE
`
`

`

`Case 3:20-cv-06754-WHA Document 441 Filed 12/27/22 Page 6 of 10
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`as a court of law and equity and is authorized by Rule 28(b) of the Federal Rules of Civil Procedure
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`to direct the taking of evidence abroad by Letters of Request.
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`2.
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`The parties to the civil action pending in the United States District Court for the
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`Northern District of California are as follows:
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`a.
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`Google LLC (hereinafter, “Google”) is a corporation organized and existing under
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`the laws of the State of Delaware, with its headquarters in California, USA. Witness
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`Janos Levai is an individual who is employed by Google as a Software Engineer but
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`is a resident of Switzerland. Google is represented by QUINN EMANUEL
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`URQUHART & SULLIVAN, LLP, 50 California Street, 22nd Floor, San Francisco,
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`CA 94111, USA.
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`Correspondence to Google can be faxed to its representatives at +1 (415) 875-6700
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`or emailed at the following email addresses: charlesverhoeven@quinnemanuel.com,
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`melissabaily@quinnemanuel.com,
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`jamesjudah@quinnemanuel.com,
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`marckaplan@quinnemanuel.com, and qe-sonos3@quinnemanuel.com.
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`b.
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`Sonos, Inc. (hereinafter “Sonos”) is a corporation organized and existing under the
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`laws of Delaware, with headquarters in California, USA. Plaintiffs are represented
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`by ORRICK, HERRINGTON & SUTCLIFFE LLP, The Orrick Building, 405
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`Howard Street, San Francisco, CA 94105; and LEE SULLIVAN SHEA & SMITH
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`LLP, 656 W. Randolph Street, Floor 5W, Chicago, IL 60661, USA.
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`Correspondence to Sonos can be faxed to its representatives at +1 (415) 773-5759
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`and +1
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`(312) 754-9603 or emailed at
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`the following email addresses:
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`smith@ls3ip.com, boyea@ls3ip.com, sullivan@ls3ip.com, and Sonos-NDCA-
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`06754-service@orrick.com.
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`3.
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`These above-captioned actions are two cases regarding speaker technology that have
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`been related by the Court. Sonos has sued Google for infringement of U.S. Patent Nos. 9,967,615
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`(“the ’615 patent”); 10,779,033 (“the ’033 patent”); 10,469,966 (“the ’966 patent”); and 10,848,885
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`01980-00181/13796064.2
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`Ca se No. 3:20-cv-06754 WHA
`-2-
`APPOINTMENT OF COMMISSIONERS UNDER THE HAGUE CONVENTION
`AND REQUEST FOR JUDICIAL ASSISTANCE
`
`

`

`Case 3:20-cv-06754-WHA Document 441 Filed 12/27/22 Page 7 of 10
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`(“the ’885 patent”) (collectively, the “Patents-in-Suit”) under the patent laws of the United States,
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`35 U.S.C. § 1 et. seq. Google filed a declaratory judgment action for non -infringement of the
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`Patents-in-Suit under the Declaratory Judgment Act, 8 U.S.C. § 2201 and the patent laws of the
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`United States, 35 U.S.C. §§ 1-390, as well as claims against Sonos for breach of contract and
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`conversion. Both Sonos and Google believe all respective claims against them should be dismissed.
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`4.
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`The Court recently granted Sonos permission to depose Mr. Janos Levai again. The
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`parties have agreed to conduct a remote deposition of Mr. Janos Levai, who will be located for such
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`deposition in Switzerland, in accordance with Chapter II of the Hague Convention.
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`II.
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`EVIDENCE REQUESTED
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`5.
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`The parties have satisfied this Court that Mr. Janos Levai has material information
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`related to this pending action for use at trial, and that justice cannot be completely done between the
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`parties without his testimony.
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`6.
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`The parties requested that this Court issue the present Letter of Renewed Request
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`seeking your assistance in obtaining testimony from Mr. Janos Levai. The evidence to be obtained
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`is oral testimony to be taken in Switzerland, and is intended to be used as evidence in the trial f or
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`this matter. Mr. Janos Levai, who is a resident of Switzerland, has been apprised of his rights under
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`Swiss law and has consented to being deposed in Switzerland.
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`7.
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`The Court requests assistance in permitting the commissioners appointed by this
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`Court to take testimony from Mr. Janos Levai, which will be given voluntarily. The topics of
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`examination will be limited to Mr. Janos Levai’s knowledge reasonably related to the YouTube
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`Remote’s “party mode” feature.
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`8.
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`This Court is satisfied that the testimonial evidence is relevant to the pending
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`proceeding and is likely to be used at trial to assist this Court in resolving the dispute presented in
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`the civil action bef ore it. With the approval of this Court, the parties and this Court therefore seek
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`01980-00181/13796064.2
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`Ca se No. 3:20-cv-06754 WHA
`-3-
`APPOINTMENT OF COMMISSIONERS UNDER THE HAGUE CONVENTION
`AND REQUEST FOR JUDICIAL ASSISTANCE
`
`

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`Case 3:20-cv-06754-WHA Document 441 Filed 12/27/22 Page 8 of 10
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`permission to have commissioners take this testimonial evidence for the purpose of using such
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`evidence at trial.
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`9.
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`It is requested that the testimonial evidence be given in the English language, and on
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`oath or affirmation. It is also hereby requested that the testimony be in the form of a recorded remote
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`deposition testimony via a secure session using videoconferencing technology upon questions
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`communicated to the witness by U.S. counsel of the parties, acting as commissioners. It is requested
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`that the testimonial evidence be given at some time agreeable to all involved in January 2023.
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`10.
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`The parties have agreed on and the Court hereby appoints Mr. Olivier Buff to serve
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`as commissioner (“the Swiss Commissioner”). Mr. Buff is a lawyer with the law firm Quinn
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`Emanuel at Dufourstrasse 29, 8008 Zürich, Switzerland, and admitted to practice as an attorney in
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`Switzerland and New York. In his capacity as commissioner, Mr. Olivier Buff will complete and
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`oversee the following tasks: liaise with the Swiss authorities; act as an agent of service for any
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`communication of the Swiss authorities to this Court, the parties and Mr. Janos Levai; invite Mr.
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`Janos Levai to the deposition once authorization is granted; verify and confirm the identity of Mr.
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`Janos Levai before testimonial evidence is taken; supervise the testimony of Mr. Janos Levai by
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`remote videoconferencing software from the Swiss offices of Quinn Emanuel at Dufourstrasse 29,
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`8008 Zürich, Switzerland (or another nearby office if additional space is required ); instruct the
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`witness on his rights and obligations as per Article 21 of the Hague Convention; and ensure that the
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`testimony is conducted in accordance with those rights and obligations.
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`11.
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`The U.S. counsel of the parties, which the Court upon request of the parties hereby
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`also appoints as commissioners are the following:
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`a.
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`For Google: Nima Hefazi and James Judah, from QUINN EMANUEL URQUHART
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`& SULLIVAN LLP at 50 California, 22nd Floor, San Francisco, CA 94111, USA
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`and 865 S. Figueroa Avenue, 10th Floor, Los Angeles, CA 90017, USA.
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`01980-00181/13796064.2
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`Ca se No. 3:20-cv-06754 WHA
`-4-
`APPOINTMENT OF COMMISSIONERS UNDER THE HAGUE CONVENTION
`AND REQUEST FOR JUDICIAL ASSISTANCE
`
`

`

`Case 3:20-cv-06754-WHA Document 441 Filed 12/27/22 Page 9 of 10
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`b.
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`For Sonos: Dan Smith, Michael Boyea, and Sean Sullivan from LEE SULLIVAN
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`SHEA & SMITH LLP at 656 W. Randolph Street, Suite 5W, Chicago, IL 60661.
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`12.
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`In addition to the U.S. counsel and commissioners listed above and of the Swiss
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`Commissioner, it is also requested that client representatives for each party be allowed to be present,
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`and that a videographer and a stenographer be present to take and record a verbatim transcript of all
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`testimony and proceedings in the English language and that the transcript of the testimony be
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`authenticated. When necessary, persons belonging to the information technology departments of
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`the law firms of U.S. counsel may enter the rooms where U.S. counsel are remotely attending the
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`deposition. U.S. counsel, the party representatives, the videographer, and the stenographer may
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`attend the deposition remotely. The Swiss Commissioner, Mr. Janos Levai and potentially any of
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`the appointed other commissioners will attend the deposition by videoconference from the same
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`location in Zürich. When necessary, persons belonging to the IT department of the Quinn Emanuel
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`law firm where the deposition is held may enter the room where Mr. Janos Levai is remotely
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`attending the deposition.
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`13.
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`As mentioned, it is requested that the commissioners take Mr. Janos Levai testimony
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`in the English language (to which Mr. Levai has agreed) under oath or affirmation, and that the
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`Swiss Commissioner be allowed to administer such oath or request for affirmation on Mr. Janos
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`Levai in accordance with United States law, as follows: “Do you swear or affirm that the testimony
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`you are about to provide is the truth, the whole truth, and nothing but the truth?”
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`14.
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`It is also requested that after giving testimony, Mr. Janos Levai be allowed after
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`completion of the transcript to review, submit any errata, and sign the transcript of his testimony,
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`and that the signed, transcribed, and videotaped testimony together with any documents marked as
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`exhibits be transmitted to the parties’ U.S. counsel as soon as possible thereafter.
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`01980-00181/13796064.2
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`Ca se No. 3:20-cv-06754 WHA
`-5-
`APPOINTMENT OF COMMISSIONERS UNDER THE HAGUE CONVENTION
`AND REQUEST FOR JUDICIAL ASSISTANCE
`
`

`

`Case 3:20-cv-06754-WHA Document 441 Filed 12/27/22 Page 10 of 10
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`15.
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`Accordingly, it is hereby requested that you grant assistance and authorize the Swiss
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`and U.S. commissioners appointed above to question Mr. Janos Levai under oath or affirmation at
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`the remote deposition at a date that works for all involved in January 2023, or at another time
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`determined by you, and that a verbatim transcript and videotape be prepared and be transmitted to
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`the parties’ U.S. counsel for submission and use before this Court.
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`16.
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`It is also requested that you inform the Swiss Commissioner, this Court, and the
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`parties through their above-mentioned U.S. counsel of your approval of this Court’s request and of
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`all relevant dates and times determined by you for the production of the aforementioned requested
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`testimonial evidence of Mr. Janos Levai. This Court and U.S. counsel hereby appoint Mr. Olivier
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`Buff to act as the agent of service in Switzerland for any and all communica tion from you in this
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`respect. As mentioned above, Mr. Olivier Buff’s professional address in Switzerland for purpose of
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`your communications is: Dufourstrasse 29, 8008 Zurich, Switzerland.
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`17.
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`This Court expresses its appreciation to the Federal Office of Justice for its courtesy
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`and assistance in this matter and states that this Court shall be ready and willing to assist the courts
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`of Switzerland in a similar manner when required. This Court is also willing to reimburse (through
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`the Parties) the competent judicial authorities of Switzerland for any costs incurred in executing this
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`request for judicial assistance. This Court extends to the competent judicial authorities of
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`Switzerland the assurances of its highest consideration.
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`This Letter of Renewed Request is signed and sealed by Order of the Court made on the date
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`set forth below:
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`SO ORDERED.
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`DATED:
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`December 27, 2022
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`01980-00181/13796064.2
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`HON. DONNA M. RYU
`United States Magistrate Judge
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`Ca se No. 3:20-cv-06754 WHA
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`APPOINTMENT OF COMMISSIONERS UNDER THE HAGUE CONVENTION
`AND REQUEST FOR JUDICIAL ASSISTANCE
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`