Case 1:13-cv-00919-LPS Document 140 Filed 08/14/19 Page 1 of 13 PageID #: 5476
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 13-919-LPS
`
`JURY TRIAL DEMANDED
`
`)))))))))
`
`ARENDI S.A.R.L.,
`
`Plaintiff,
`
`v.
`
`GOOGLE LLC,
`
`Defendant.
`
`NOTICE OF SUBPOENA
`
`PLEASE TAKE NOTICE that, pursuant to Rule 45 of the Federal Rules of Civil
`
`Procedure, plaintiff/defendant Google LLC has served the attached subpoena in the above-
`
`POTTER ANDERSON & CORROON LLP
`
`By: /s/ David E. Moore
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`
`Attorneys for Defendant Google LLC
`
`referenced action.
`
`OF COUNSEL:
`
`Robert W. Unikel
`Michelle Marek Figueiredo
`PAUL HASTINGS LLP
`71 South Wacker Drive, Suite 4500
`Chicago, IL 60606
`Tel: (312) 449-6000
`
`Robert R. Laurenzi
`PAUL HASTINGS LLP
`200 Park Avenue
`New York, NY 10166
`Tel: (212) 318-6000
`
`Ariell Bratton
`PAUL HASTINGS LLP
`4747 Executive Drive, 12th Floor
`San Diego, CA 92121
`Tel: (858) 458-3000
`
`Dated: August 14, 2019
`6343337 / 40549
`
`

`

`Case 1:13-cv-00919-LPS Document 140 Filed 08/14/19 Page 2 of 13 PageID #: 5477
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`Case 1:13-cv-00919-LPS Document 140 Filed 08/14/19 Page 2 of 13 PagelD #: 5477
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`A0 88A (Rev. 12/13) Subpoena to Testify at a Deposition in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`
`District of Delaware
`
`
`Arendi S.A.R.L.
`
`Plaintiff
`v.
`
`Civil Action No.
`
`13—0919-LPS
`
` vvvvvv
`
`Google LLC
`
`Defendant
`
`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
`
`Georgia institute of Technology
`
`Ojfige of Legal Affairs, 760 Spring Street, N.W., Suite 324, Atlanta, GA 30332-0495
`(Name ofperson to whom this subpoena is directed)
`
`d 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, 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:
`
`See Exhibit A.
`
`
`
`
`
`
`
`
`
`A
`Mutually agreed upon location
`
`Date and Time:
`
`
`
`
`09/19/2019 9:00 am
`W
`
`Stenographic and Videographic Means
`The deposition will be recorded by this method:
`
`
`MProduction: You, or your representatives, must also bring with you to the deposition the following documents,
`electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the
`material:
`See Exhibit A.
`
`
`
`The following provisions of Fed. R. Civ. P. 45 are attached » Rule 45(0), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`
`08/13/2019
`
`CLERKOF COURT
`
`OR
`
`A ttorney 's signature
`r
`fl Signatul'ewoyi’Ci/erk on Depzuj/VCfer/r
`
`
`
`The name, address, e-mail address, and telephone number of the attorney representing (name ofparty)
`
`Google ELC
`
`, who issues or requests this subpoena, are:
`
`Robert Unikel, Paul Hastings LLP, 71 South Wacker Drive, 45th Floor, Chicago, IL 60606
`robertunikel@paulhastingscom; 5312) 499-6030
`
`Notice to the person who issues or requests this subpoena
`
`

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`Case 1:13-cv-00919-LPS Document 140 Filed 08/14/19 Page 3 of 13 PageID #: 5478
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`Case 1:13-cv-00919-LPS Document 140 Filed 08/14/19 Page 3 of 13 PagelD #: 5478
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`
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`A0 88A (Rev. l2/l3) Subpoena to Testify at a Deposition in a Civil Action (Page 2)
`
`Civil Action No. 13-0919-1—PS
`
`PROOF OF SERVICE
`
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, ifany)
`
`
`
`Cl
`
`1 served the subpoena by delivering a copy to the named individual as follows:
`
`
`
`
`
`
`
` on (date) ; or
`
`Cl
`
`I returned the subpoena unexecuted because:
`
`
`
`
`
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`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, 1 have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`
`$
`
`My fees are 23
`
`for travel and $
`
`'
`
`for services, for a total of $
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`0.00
`
`l declare under penalty of perjury that this information is true.
`
`Date:
`Server ’s signature
`
`
`
`Printed name and title
`
`
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`Server '5 address
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`Additional information regarding attempted service, etc.:
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`

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`Case 1:13-cv-00919-LPS Document 140 Filed 08/14/19 Page 4 of 13 PageID #: 5479
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`Case 1:13-cv-00919-LPS Document 140 Filed 08/14/19 Page 4 of 13 PagelD #: 5479
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`
`A0 88A (Rev. 12/13) Subpoena to Testify at a Deposition in a Civil Action (Page 3)
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`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`
`(c) Place of Compliance.
`
`(1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
`(A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
`(B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
`(i) is a party or a party’s officer; or
`(ii) is commanded to attend a trial and would not incur substantial
`
`(2) For Other Discovery. A subpoena may command:
`(A) production ofdocuments, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
`(B) inspection ofpremises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
`(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 court for the district where compliance is required must
`enforce this duty and impose an appropriate sanction—which may include
`lost earnings and reasonable attomey’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 ofthe materials or to inspecting the premisesAor to
`producing electronically stored information in the form or forms requested.
`The objection must be served before the earlier ofthe time specified for
`compliance or 14 days afier the subpoena is served. lfan objection is made,
`the following rules apply:
`(i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
`(ii) These acts may be required only as directed in the order, and the
`order mtist protect a person who is neither a party nor a party’s officer from
`significant expense resulting from compliance.
`
`(3) Quas/zing or Modifying a Subpoena.
`
`(A) When Required On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
`
`(i) disclosing a trade secret or other confidential research, development,
`or commercial information; or
`(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.
`(C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(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.
`
`(e) 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 Farm. 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. 1f information produced in response to a
`subpoena is subject to a claim of privilege or of protection as
`trial—preparation 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 under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(i) fails to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
`(iii) requires disclosure of privileged or other protected matter, ifno
`exception or waiver applies; or
`(g) Contempt.
`(iv) subjects a person to undue burden.
`The court for the district where compliance is required—and also, afier a
`(B) When Permitted. To protect a person subject to or affected by a
`motion is transferred, the issuing court—may hold in contempt a person
`subpoena, the court for the district where compliance is required may, on
`who, having been served, fails without adequate excuse to obey the
`motion, quash or modify the subpoena ifit requires:
`subpoena or an order related to it.
`
`
`For access to subpoena materials, see Fed. R, Civ. P. 45(a) Committee Note (2013).
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`

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`Case 1:13-cv-00919-LPS Document 140 Filed 08/14/19 Page 5 of 13 PageID #: 5480
`
`EXHIBIT A
`
`DEFINITIONS
`
`1.
`
`2.
`
`“You,” or “your” shall mean Georgia Institute of Technology.
`
`“CyberDesk” shall mean a component-based framework that dynamically
`
`integrates software modules for context-aware computing, which was researched and developed
`
`by Anind Dey, Gregory Abowd, Andrew Wood, and Mike Pinkerton at the Georgia Institute of
`
`Technology.
`
`3.
`
`The term “document” shall include, without limitation, all written, graphic, or
`
`otherwise recorded material, including without limitation, electronically stored information
`
`regardless of the form of the storage medium, microfilms or other film records or impressions,
`
`tape recordings or computer cards, floppy disks or printouts, any and all papers, photographs,
`
`films, recordings, memoranda, books, records, accounts, communications, letters, telegrams,
`
`correspondence, notes of meetings, notes of conversations, notes of telephone calls, inter-office
`
`memoranda or written communications of any nature, recordings of conversations either in
`
`writings or upon any mechanical or electrical recording devices, including e-mail, notes, papers,
`
`reports, analyses, invoices, canceled checks or check stubs, receipts, minutes of meetings, time
`
`sheets, diaries, desk calendars, ledgers, schedules, licenses, financial statements, telephone bills,
`
`logs, and any differing versions of any of the foregoing, whether so denominated, formal, informal,
`
`or otherwise, as well as copies of the foregoing which differ in any way, including by the addition
`
`of handwritten notations or other written or printed matter of any nature, from the original. The
`
`foregoing specifically includes information stored in a computer database and capable of being
`
`generated in documentary form, such as electronic mail. “Document” also means an authentic copy
`
`

`

`Case 1:13-cv-00919-LPS Document 140 Filed 08/14/19 Page 6 of 13 PageID #: 5481
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`where the original is not in your possession, custody, or control and every copy of a document
`
`where the copy is not an identical duplicate of the original.
`
`4.
`
`The term “things” means all physical items that are not considered documents and
`
`shall have the broadest interpretation under Rule 34 of the Federal Rules of Civil Procedure.
`
`5.
`
`As used herein, the terms “discuss,” “describe,” “regard,” and “relate” shall mean
`
`relating to, referring to, concerning, mentioning, reflecting, pertaining to, evidencing, involving,
`
`describing, discussing, commenting on, embodying, responding to, supporting, contradicting, or
`
`constituting (in whole or in part), as the context makes appropriate.
`
`6.
`
`As used herein, “include,” “including,” or “e.g.,” shall mean including without
`
`limitation.
`
`7.
`
`The connectives “and” and “or” shall be read in the conjunctive and in the
`
`disjunctive wherever they appear, and neither of these words shall be interpreted to limit the scope
`
`of any discovery request.
`
`8.
`
`The term “any” shall be understood in either its most or least inclusive sense as will
`
`bring within the scope of the discovery request all responses that might otherwise be construed to
`
`be out of its scope.
`
`The use of the singular form of any word includes the plural and vice versa.
`
`9.
`
`
`
`
`
`
`
`

`

`Case 1:13-cv-00919-LPS Document 140 Filed 08/14/19 Page 7 of 13 PageID #: 5482
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`INSTRUCTIONS
`
`1.
`
`If there is any information that you refuse to disclose on grounds of privilege or
`
`work product immunity, answer so much of the request that does not request information for which
`
`you claim privilege.
`
`2.
`
`The requests are intended to be construed as broadly as their language permits.
`
`They are to be construed independently, except when such construction limits their scope. Any
`
`ambiguity should be resolved by selecting the broadest construction possible.
`
`3.
`
`These requests are continuing. In the event any responsive information or materials
`
`come to your attention after the serving of responses, please produce such information as soon as
`
`possible.
`
`4.
`
`If any responsive document has been lost or destroyed, identify: (a) the author; (b)
`
`the date of loss or destruction; (c) the reason for loss or destruction; (d) the identity of those
`
`directing the destruction, if any; and (e) the substance of the document.
`
`5.
`
`If you object to the scope or breadth of any request, you are directed to respond
`
`within the scope or breadth of production that you contend is proper and to define the scope or
`
`breadth in which you have responded. Any limited response does not preclude additional discovery
`
`of the full scope or breadth of the request.
`
`6.
`
`If any request or term is ambiguous or unclear to you, please contact the
`
`undersigned counsel as soon as possible so the request can be clarified, so as to avoid unnecessary
`
`delay in discovery.
`
`7.
`
`Produce all documents and things requested in the same file or manner in which
`
`they are kept in the usual course of business.
`
`

`

`Case 1:13-cv-00919-LPS Document 140 Filed 08/14/19 Page 8 of 13 PageID #: 5483
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`8.
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`Produce all documents, objects, or other tangible things described in the categories
`
`below which are in your possession, custody, or control.
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`
`
`
`
`

`

`Case 1:13-cv-00919-LPS Document 140 Filed 08/14/19 Page 9 of 13 PageID #: 5484
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`REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS
`
`1.
`
`A working, useable copy of any version of CyberDesk that existed before January
`
`1, 2000.
`
`2.
`
`Documents or things sufficient to show the research and development of all the
`
`versions and permutations of CyberDesk that existed before January 1, 2000.
`
`3.
`
`Documents or things sufficient to show the first public use(s) and the first public
`
`disclosure(s) of any and all versions of CyberDesk, or any systems or products that incorporate
`
`CyberDesk, that existed prior to January 1, 2000.
`
`4.
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`Documents or things (e.g., product specifications, data sheets, source code,
`
`schematics, presentations, user manuals, design documents, etc.) sufficient to show the
`
`functionality of each version of CyberDesk that was manufactured, demonstrated, used, or
`
`otherwise made available prior to January 1, 2000.
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`5.
`
`Copies of all presentations and papers describing features of CyberDesk that were
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`created, published or presented prior to January 1, 2000.
`
`6.
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`Documents or things sufficient to show any and all features of versions of
`
`CyberDesk that were manufactured, demonstrated, used, or otherwise made available prior to
`
`January 1, 2000 that relate to identifying or searching for information in a document, email, text,
`
`mailbox, etc., and then performing an action using that identified information, including, but not
`
`limited to:
`
`(a)
`
`Searching for the identified information in a separate database, including an
`
`address book;
`
`(b)
`
`Searching for associated information in a separate database, including an
`
`address book;
`
`

`

`Case 1:13-cv-00919-LPS Document 140 Filed 08/14/19 Page 10 of 13 PageID #: 5485
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`(c)
`
`(d)
`
`(e)
`
`(f)
`
`(g)
`
`mailbox, etc.;
`
`Indicating that no associated information was found;
`
`Displaying associated information resulting from the database search;
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`Using the associated information to alter the document, email, text,
`
`Updating an existing address book entry or other database entry; or
`
`Initiating an electronic communication or phone call.
`
`7.
`
`Documents or things sufficient to show when and how any and all versions of
`
`CyberDesk that were manufactured, demonstrated, used, or otherwise made available prior to
`
`January 1, 2000 were conceived of, developed, or reduced to practice and the individuals involved
`
`with that process.
`
`8.
`
`Any “invention proposals” or technical proposals that were prepared by Anind Dey,
`
`Gregory Abowd, Andrew Wood, and/or Mike Pinkerton regarding contact management systems
`
`and/or information management programs that allow for the retrieval of related information from
`
`separate databases, prior to January 1, 2000.
`
`9.
`
`Documents or things sufficient to show how Georgia Institute of Technology,
`
`Anind Dey, Gregory Abowd, Andrew Wood, and/or Mike Pinkerton, were involved in the
`
`development of any and all versions of CyberDesk that were manufactured, demonstrated, used or
`
`otherwise made available prior to January 1, 2000.
`
`10.
`
`Documents and things sufficient to show Anind Dey’s, Gregory Abowd’s, Andrew
`
`Wood’s, and/or Mike Pinkerton’s contribution to the following publications,
`
`(a)
`
`“Context-Aware Computing: The CyberDesk Project” in Proceedings of
`
`AAI ’98 Spring Symposium on Intelligent Environments, pp. 51-54, March 23-25 1998;
`
`

`

`Case 1:13-cv-00919-LPS Document 140 Filed 08/14/19 Page 11 of 13 PageID #: 5486
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`(b)
`
`“Applying Dynamic Integration as a Software Infrastructure for Context-
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`Aware Computing” in GVU Technical Report FIT-GVU-97-18, September 1997;
`
`(c)
`
`“CyberDesk: A Framework for Providing Self-Integrating Context-Aware
`
`Services” in Proceedings of the International Conference on Intelligent User Interfaces, pp. 47-54,
`
`January 6-9, 1998;
`
`(d)
`
`“CyberDesk: a Framework for Providing Self-Integrating Ubiquitous
`
`Software Services” in GVU Technical Report GIT-GVU-97-10. April 1997;
`
`(e)
`
`“CyberDesk: Automated Integration of Desktop and Network Services” in
`
`the Proceedings of the 1997 conference on Human Factors in Computing Systems, pp. 552-553,
`
`1997;
`
`(f)
`
`“CyberDesk: The Use of Perception in Context-Aware Computing” in the
`
`Proceedings of 1997 Workshop on Perceptual User Interfaces, pp. 26-27, October, 1997;
`
`(g)
`
`“Ubiquitous Computing: Defining an HCI Research Agenda for an
`
`Emerging Interaction Paradigm” by GVU Technical Report GIT-GVU-98-01, February 1998; and
`
`(h)
`
`“Context-awareness in Wearable and Ubiquitous Computing” by GVU
`
`Technical Report GIT-GVU-97-11. May 1997.
`
`11.
`
`Documents or things relating to the presentation of any of the above publications
`
`at symposiums, conferences, and/or public lectures, before January 1, 2000.
`
`12.
`
`Documents or things sufficient to show Anind Dey’s, Gregory Abowd’s, Andrew
`
`Wood’s, and/or Mike Pinkerton’s contribution to, and the research and development of,
`
`CyberDesk’s Contact Manager.
`
`

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`Case 1:13-cv-00919-LPS Document 140 Filed 08/14/19 Page 12 of 13 PageID #: 5487
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`13.
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`Documents or things sufficient to show Anind Dey’s, Gregory Abowd’s, Andrew
`
`Wood’s, and/or Mike Pinkerton’s contribution to, and the research and development of,
`
`CyberDesk’s Conversion Applet.
`
`14.
`
`Documents or things sufficient to show Anind Dey’s, Gregory Abowd’s, Andrew
`
`Wood’s, and/or Mike Pinkerton’s contribution to, and the research and development of,
`
`CyberDesk’s IntelliButton.
`
`15.
`
`Documents or things sufficient to show the existence and functionality of any and
`
`all other contact management systems and/or information management programs that allow for the
`
`retrieval of related information from separate databases, that were researched or developed at the
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`Georgia Institute of Technology, prior to January 1, 2000.
`
`16.
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`Documents or things sufficient to show your efforts to license or sell any product,
`
`software, or system, or service relating to CyberDesk, or any other contact management systems
`
`and/or information management programs that allow for the retrieval of related information from
`
`separate databases that were developed at the Georgia Institute of Technology.
`
`17.
`
`Any source code related to the conception, research, and development of
`
`CyberDesk by Anind Dey, Gregory Abowd, Andrew Wood, and/or Mike Pinkerton at the Georgia
`
`Institute of Technology.
`
`18.
`
`Documents and things sufficient to show the projects displayed at the Georgia
`
`Institute of Technology’s “Demo Day” in 1996.
`
`
`
`

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`Case 1:13-cv-00919-LPS Document 140 Filed 08/14/19 Page 13 of 13 PageID #: 5488
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`DEPOSITION TOPICS
`
`1.
`
`2.
`
`3.
`
`The development, features, and operation of each version of CyberDesk.
`
`The subject matters of the individual requests for production listed above.
`
`The documents or materials produced in response to this subpoena (including, but
`
`not limited to, the authenticity of such documents and materials).
`
`4.
`
`The search for and collection of documents and things in response to this subpoena.
`
`
`
`