Case 1:13-cv-00919-LPS Document 185 Filed 11/11/19 Page 1 of 9 PageID #: 5696
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 13-919-LPS
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`))))))))))
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`ARENDI S.A.R.L.,
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`Plaintiff,
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`v.
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`GOOGLE LLC,
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`Defendant.
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`NOTICE OF SUBPOENA
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`PLEASE TAKE NOTICE THAT pursuant to Federal Rules of Civil Procedure 30 and 45,
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`Plaintiff Arendi S.A.R.L., by and through its counsel, will cause the attached subpoena to be served
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`on Anind Dey.
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`

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`Case 1:13-cv-00919-LPS Document 185 Filed 11/11/19 Page 2 of 9 PageID #: 5697
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`SMITH, KATZENSTEIN & JENKINS LLP
`
`
`/s/ Beth A. Swadley
`Neal C. Belgam (No. 2721)
`Eve H. Ormerod (No. 5369)
`Beth A. Swadley (No. 6331)
`1000 West Street, Suite 1501
`Wilmington, DE 19801
`Tel: (302) 652-8400
`nbelgam@skjlaw.com
`eormerod@skjlaw.com
`bswadley@skjlaw.com
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`Attorneys for Plaintiff Arendi S.A.R.L.
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`Dated: November 11, 2019
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`Of Counsel:
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`SUSMAN GODFREY, LLP
`Stephen Susman
`Seth Ard
`Beatrice Franklin
`Max Straus
`1301 Avenue of the Americas, 32nd Floor
`New York, New York 10019
`Tel: (212) 336-8330
`ssusman@susmangodfrey.com
`sard@susmangodfrey.com
`bfranklin@susmangodfrey.com
`mstraus@susmangodfrey.com
`
`John Lahad
`1000 Louisiana Street, Suite 5100
`Houston, Texas 77002-5096
`Tel: (713) 651-9366
`jlahad@susmangodfrey.com
`
`Kemper Diehl
`1201 Third Avenue, Suite 3800
`Seattle, WA 98101-3000
`Tel: (206) 516-3880
`kdiehl@susmangodfrey.com
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`
`
`
`
`2
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`

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`Case 1:13-cv-00919-LPS Document 185 Filed 11/11/19 Page 3 of 9 PageID #: 5698
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`AO 88A (Rev. 02114) Subpoena to Testify at a Deposition in a Civil Action
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`UNtrBo STATBS DrSrruCT COURT
`for the
`District of Delaware
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`Civil Action No. 13-919-LPS
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`))) ) ))
`
`ArendiS.A.R.L.
`Plaintiff
`
`Google LLC, et al
`
`Defendant
`
`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
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`To:
`
`Anind Dey
`614 28th Ave. E, Seattle, Washington 98112
`(Name of person 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
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`Place:
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`DLA Piper LLP,
`701 Fifth Avenue, Suite 6900, Seattle, Washington
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`Date and Time:
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`1111212019 11:00 am
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`The deposition will be recorded by this method:
`{ Production: 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
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`The following provisions of Fed, R. Civ. P. 45 are attached - Rule 45(c), 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 ofnot doing so.
`Date: / /
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`CLERK OF COURT
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`Signature of Clerk or Deputy Clerk
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`OR
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`/
`Attorney's
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`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`, who issues or requests this subpoena, are:
`Kemper Diehl, Susman Godfrey LLP, 1201 Third Avenue, Suite 3800, Seattle, Washington 98101
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`ArendiS.A,R.L.
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`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things before
`trial, a notice and a copy ofthe subpoena must be served on each party in this case before it is served on the person to
`whom it is directed. Fed. R. Civ. P. a5@)Q).
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`

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`Case 1:13-cv-00919-LPS Document 185 Filed 11/11/19 Page 4 of 9 PageID #: 5699
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`AO 88A (Rev. 02/14) Subpoena to Testifo at a Deposition in a Civil Action (Page 2)
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`civil Acrion No. 13-91g-LPS
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`PROOF OF SERVICE
`(This section should not be liled with the couft anless required by Fed R, Civ. P, 45.)
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`I received this subpoenafor fuame of individual and title, if any)
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`on (date)
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`I I served the subpoena by delivering a copy to the named individual as follows:
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`D I returned the subpoena unexecuted because:
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`on (date)
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`;or
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`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 the fees for one day's attendance, and the mileage allowed by law, in the amount of
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`$
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`My fees are $
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`for travel and $
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`for services, for a total of$
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`0.00
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`I declare under penalty of perjury that this information is true.
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`Date
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`Server's signature
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`Printed name and title
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`Server's 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 185 Filed 11/11/19 Page 5 of 9 PageID #: 5700
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`AO 88A (Rev, 02/l 4) Subpoena to Testif at a Deposition in a Civil Action (Page 3)
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective l2lLll3)
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`(c) Place of Compliance.
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`(l) For a Trlal, Hearlng, or Depositlon, 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, ifthe person
`(i) is a party or a party's officer; or
`(ii) is commanded to attend a trial and would not incur substantial
`expense.
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`(2) For Other Dhcovery. 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 of premises at the premises to be inspected.
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`(d) Protecting a Person Subject to a Subpoena; Enforcement.
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`(l) Avolrllng Undue Burrlen or Expense; Sanctlons. A party or attomey
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subjeot 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 eamings and reasonable attomey's fees----on a party or attomey who
`fails to comply.
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`(2) Command to Produce Materials or Permlt Inspectlon,
`(A) Appearance Not Required. A person commanded to produce
`documents, electronioally stored information, or tangible things, or to
`permit the inspection ofpremises, 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 serye on the party or attomey 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 ofthe time specified for
`compliance or l4 days after the subpoena is served. Ifan 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 must protect a person who is neither a party nor a party's officer from
`significant expense resulting from compliance.
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`(3) Quashing or Modifying a Subpoenu
`(A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modi$ a subpoena that:
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`(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 ofprivileged or other protected matter, ifno
`exception or waiver applies; or
`(iv) subjects a person to undue burden.
`(B) Wen Permilted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modifr the subpoena ifit requires:
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`(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 ofquashing or
`modi$ing a subpoena, order appearance or production under specified
`conditions ifthe serving party:
`(i) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
`(ii) ensures that the subpoenaed person will be reasonably compensated.
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`(e) Duties in Responding to a Subpoena.
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`(l) Productng Documents or Electronlcally Stored Informatlon. These
`procedures apply to producing documents or electronically stored
`information:
`(A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course ofbusiness or
`must organize and label them to correspond to the categories in the demand.
`(B) Formfor Producing Electronically Stored Information Not Specifed.
`Ifa subpoena does not speci$ 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. Tlte
`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 ofelectronically stored information
`lrom sources that the person identifies as not reasonably accessible because
`ofundue 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 ofundue burden or cost. Ifthat showing is
`made, the court may nonetheless order discovery from such sources ifthe
`requesting party shows good cause, considering the limitations ofRule
`26(b)(2)(C). The court may specify conditions for the discovery.
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`(2) Clalming Privllege or Protection,
`(A) Information lltithheld. 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. Ifinformation produced in response to a
`subpoena is subject to a claim ofprivilege or ofprotection as
`trial-preparation material, the person making the claim may notify any party
`that received the information ofthe claim and the basis for it, After being
`notified, a party must promptly return, sequester, or destroy the specifted
`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 ifthe 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.
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`(g) Contempt.
`The court for the district where compliance is required-and also, after a
`motion is transfened, the issuing court-may hold in contempt a porson
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
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`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 185 Filed 11/11/19 Page 6 of 9 PageID #: 5701
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`1.
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`2.
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`EXHIBIT A
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`DEFINITIONS
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`“You,” or “your” shall mean Anind Dey.
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`“CyberDesk” shall mean a component-based framework that dynamically integrates
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`software modules for context-aware computing, which was researched and developed by Anind Dey,
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`Gregory Abowd, Andrew Wood, and Mike Pinkerton at the Georgia Institute of Technology.
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`3.
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`The term “document” shall include, without limitation, all written, graphic, or
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`otherwise recorded material, including without limitation, electronically stored information regardless
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`of the form of the storage medium, microfilms or other film records or impressions, tape recordings or
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`computer cards, floppy disks or printouts, any and all papers, photographs, films, recordings,
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`memoranda, books, records, accounts, communications, letters, telegrams, correspondence, notes of
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`meetings, notes of conversations, notes of telephone calls, inter-office memoranda or written
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`communications of any nature, recordings of conversations either in writings or upon any mechanical
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`or electrical recording devices, including e-mail, notes, papers, reports, analyses, invoices, canceled
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`checks or check stubs, receipts, minutes of meetings, time sheets, diaries, desk calendars, ledgers,
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`schedules, licenses, financial statements, telephone bills, logs, and any differing versions of any of the
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`foregoing, whether so denominated, formal, informal, or otherwise, as well as copies of the foregoing
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`which differ in any way, including by the addition of handwritten notations or other written or printed
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`matter of any nature, from the original. The foregoing specifically includes information stored in a
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`computer database and capable of being generated in documentary form, such as electronic mail.
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`“Document” also means an authentic copy where the original is not in your possession, custody, or
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`control and every copy of a document where the copy is not an identical duplicate of the original.
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`4.
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`The term “things” means all physical items that are not considered documents and shall
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`have the broadest interpretation under Rule 34 of the Federal Rules of Civil Procedure.
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`

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`Case 1:13-cv-00919-LPS Document 185 Filed 11/11/19 Page 7 of 9 PageID #: 5702
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`5.
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`As used herein, the terms “discuss,” “describe,” “regard,” and “relate” shall mean
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`relating to, referring to, concerning, mentioning, reflecting, pertaining to, evidencing, involving,
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`describing, discussing, commenting on, embodying, responding to, supporting, contradicting, or
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`constituting (in whole or in part), as the context makes appropriate.
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`6.
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`As used herein, “include,” “including,” or “e.g.,” shall mean including without
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`limitation.
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`7.
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`The connectives “and” and “or” shall be read in the conjunctive and in the disjunctive
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`wherever they appear, and neither of these words shall be interpreted to limit the scope of any discovery
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`request.
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`8.
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`The term “any” shall be understood in either its most or least inclusive sense as will
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`bring within the scope of the discovery request all responses that might otherwise be construed to be
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`out of its scope.
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`9.
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`The use of the singular form of any word includes the plural and vice versa.
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`INSTRUCTIONS
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`1.
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`If there is any information that You refuse to disclose on grounds of privilege or
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`work product immunity, answer so much of the request that does not request information for
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`which you claim privilege.
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`2.
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`The requests are intended to be construed as broadly as their language permits. They
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`are to be construed independently, except when such construction limits their scope. Any ambiguity
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`should be resolved by selecting the broadest construction possible.
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`3.
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`These requests are continuing. In the event any responsive information or materials
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`come to your attention after the serving of responses, please produce such information as soon as
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`possible.
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`Case 1:13-cv-00919-LPS Document 185 Filed 11/11/19 Page 8 of 9 PageID #: 5703
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`4.
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`If any responsive document has been lost or destroyed, identify: (a) the author; (b) the
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`date of loss or destruction; (c) the reason for loss or destruction; (d) the identity of those directing the
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`destruction, if any; and (e) the substance of the document.
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`5.
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`If you object to the scope or breadth of any request, you are directed to respond within
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`the scope or breadth of production that you contend is proper and to define the scope or breadth in
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`which you have responded. Any limited response does not preclude additional discovery of the full
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`scope or breadth of the request.
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`6.
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`If any request or term is ambiguous or unclear to you, please contact the undersigned
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`counsel as soon as possible so the request can be clarified, so as to avoid unnecessary delay in
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`discovery.
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`7.
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`Produce all documents and things requested in the same file or manner in which they
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`are kept in the usual course of business.
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`8.
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`Produce all documents, objects, or other tangible things described in the categories
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`below which are in your possession, custody, or control.
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`REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS
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`1.
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`All documents You produced in response to the subpoenas issued to You in the
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`
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`civil action captioned Arendi S.A.R.L. v. Google LLC, et al. pending in the U.S. District Court for
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`the District of Delaware (Case No. 1:12-cv-01597) and related cases.
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`DEPOSITION TOPICS
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`The development, features, and operation of each version of CyberDesk.
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`The subject matters of the individual requests for production listed above and/or
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`1.
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`2.
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`listed in the subpoenas served on You in this case and related cases.
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`

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`Case 1:13-cv-00919-LPS Document 185 Filed 11/11/19 Page 9 of 9 PageID #: 5704
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`3.
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`The documents or materials produced in response to this subpoena and/or other
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`subpoenas served on You in this case or related cases (including, but not limited to, the authenticity
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`of such documents and materials).
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`4.
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`The search for and collection of documents and things in response to this subpoena
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`and/or other subpoenas served on You in this case or related cases.
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