`Case 1:14-cv-01430-LPS Document 470 Filed 02/04/22 Page 1 of 6 PageID #: 27144
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`UNITED STATES DISTRICT COURT
`FOR THE
`DISTRICT OF DELAWARE
`
`) )
`
`ELM 3DS INNOVATIONS, LLC.,
`
`)
`) CIVIL ACTION NO. 14-CV-1430-LPS-JLH
`
`) )
`
`) )
`
`)
`
`Plaintiff,
`
`,
`
`v.
`
`SAMSUNG ELECTRONICSCoO., LTD., ET AL,
`
`Defendant.
`
`SUSAN R. BROWN’S MOTION FOR PROTECTIVE ORDER AS TO SUBPOENA FOR
`DOCUMENTS FROM DISSOLUTION OF MARRIAGE CASE AND SUBPOENA FOR DEPOSITION
`UNILATERALLY SCHEDULED BY SAMSUNG ELECTRONICSCO., LTD.
`
`SUSAN R. BROWN,in properperson, herebyfiles this, her Motion for Protective Order as to Subpoena
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`for Documents from Dissolution of Marriage Case and Subpoena for Deposition Unilaterally Scheduled by
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`SamsungElectronics Co., Ltd., and alleges as follows:
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`Background
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`1.
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`Counsel for the Defendant, SAMSUNG ELECTRONICSCO., LTD., ET AL (hereinafter referred
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`to as “Defendant”), has issued a Subpoena to Produce Documents and for Testimony of the undersigned. This
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`Subpoenawasserved in Florida and emanatesfrom a case that is pending in Delaware District court. Defendant,
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`Samsung’s, counsel appear to be located in California.
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`2.
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`The undersignedis a marital and family lawyerin the state of Florida. While the undersignedis
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`admitted to Florida’s Southern District Federal Court, the undersigned is not admitted to the Federal Court in
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`Delaware, where this Motion is being filed. Accordingly, the undersigned is filing this Motion as a pro se
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`individual, as opposed to an attorney.
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`3.
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`The undersigned represented Julia Leedy, who appears not to be a party to this action, in a
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`dissolution of marriage case in Broward County, Florida in 2012.
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`4,
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`The undersigned was served with a Subpoena for Deposition and records seeking documents and
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`information regarding patent valuationsrelating to Julia and Glenn Leedy’s dissolution of marriage case that was
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`
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`Case 1:14-cv-01430-LPS Document 470 Filed 02/04/22 Page 2 of 6 PagelD #: 27145
`Case 1:14-cv-01430-LPS Document 470 Filed 02/04/22 Page 2 of 6 PageID #: 27145
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`filed in 2011 and settled via Marital Settlement Agreementover nine years ago. Thedissolution of marriage case
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`ended with the January 7, 2013 Final Judgment of Dissolution of Marriage.
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`5.
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`The undersigned contacted Mrs. Leedy prior to filing this response. Mrs. Leedy advised the
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`undersigned that she objects to production of her dissolution of marriage records (that are not otherwise in the
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`public record). Because Mrs. Leedy is not a party to this action, this Objection is Mrs. Leedy’s only vehicle to
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`object to her private information regarding a divorce case that was filed over ten years ago being provided to
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`counsel for Samsung. The undersigned has already advised counsel for Samsung that she does not have any
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`patent valuationsor records that actually value the patents owned by Plaintiff. Plaintiff was Mr. and Mrs. Leedy’s
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`family business which Mr. Leedy was left in control of after the dissolution of marriage.
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`Objection to Documents Requested
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`6.
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`The Subpoena on the undersigned is directed to the issue of valuation of patents in Mr. and Mrs.
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`Leedy’s dissolution of marriage case. As reflected by the Marital Settlement Agreement, which counsel for
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`Samsungclearly has a copy of, the patents in question were never valued because of the impossibility of valuing
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`groups of “unsold”patents that include both patents created during the parties’ marriage and patents created after
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`the cutoff date for defining assets as marital (which is the date offiling a dissolution of marriage action). As
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`reflected in the Marital Settlement Agreementthat Mr. and Mrs. Leedy entered into, the parties thereto agreed that
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`Mr. Leedy would needto perform “non-marital” work and spend “non-marital” moneyin orderto sell the patents.
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`The valuation issue in the dissolution of marriage case was settled by the agreement for the implementation of
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`different formulas that would control the marital portion of various patent groups. Because of the agreementto
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`use these formulas, no documents exist that would showthe value of any patentor patent group.
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`7.
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`In addition, the dissolution of marriage case was settled over nine years ago, and any valuation
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`agreed to in 2012 would not be determinative ofthe values ofthe patents in 2022.
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`8.
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`Besides the Marital Settlement Agreement, the only documentthat the undersigned found in the
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`file available to her (which is a digital file) that addressed the valuation issue, is the transcript of the Wife’s
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`deposition. The Broward County court docket reflects that the Wife’s deposition wasneverfiled. Any testimony
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`of the Wife in her unfiled deposition was clearly not relied on in the Marital Settlement Agreement that included
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`
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`Case 1:14-cv-01430-LPS Document 470 Filed 02/04/22 Page 3 of 6 PageID #: 27146
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`formulas for valuation ofthe different patent groups. From the face of the Marital Settlement Agreement,it is
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`clear that the valuation formulas were not based on the Wife’s personal opinion ofthe valueofthe marital business,
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`which is the only valuation issue that she testified to. A copy of relevant pages of Mrs. Leedy’s deposition
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`transcript is attached hereto and incorporated herein as Exhibit “A”.
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`9.
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`Rule 502 of the Federal Rules of Civil Procedure defines the work productprivilege as tangible
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`material (or its intangible equivalent) prepared in anticipationoflitigation or fortrial.
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`10.
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`The Wife’s unfiled deposition appears to fall under this definition since it was tangible material
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`preparedin anticipationoflitigation andtrial.
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`li.
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`Because of the attorney-client privilege, the undersigned objects to providing a copy of the
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`deposition transcript, which appearsto fall under the definition of work product.
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`12.
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`The undersigned is required to err on the side of caution and object to providing possibly
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`privileged documents. This Court should determine whether the work product privilege applies prior to requiring
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`the production of the unfiled unused deposition transcript.
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`13.
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`The undersigned has communicated with Mrs. Leedy, who objects to personal information from
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`her dissolution of marriage case (that involves other issues besides the patents) dating back to 2011 and 2012
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`being providedto an entity involved in litigation involving her late Husband’s business.
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`Subpoena for the Undersigned’s Testimony via Deposition
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`14,
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`The February 15, 2022 deposition was not coordinated and was unilaterally scheduled by
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`Defendant.
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`15.
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`16,
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`There is no location for the deposition. There is no Zoom link provided.
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`The Federal Rules provide limitations on the locations of witness depositions. Certainly, the
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`undersigned is not required to travel to submit to a deposition. If a deposition occurs, the undersigned requests
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`that it be taken by Zoom on a datethat is coordinated in advance.
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`17.
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`Whilethe undersigned doesnot recall much detail from a case almostten years ago, the discovery
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`requested by Defendant places the undersigned in a position where she is being asked to disclose potentially
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`
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`Case 1:14-cv-01430-LPS Document 470 Filed 02/04/22 Page 4 of 6 PageID #: 27147
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`confidential settlement negotiations in a case. The Marital Settlement Agreement speaksfor itself as to the lack
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`of a specific valuation of patents.
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`Relief Sought
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`18.
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`For the reasons stated above, this Honorable Court should enter an Order of Protectionrelative to
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`the taking of the deposition of Susan R. Brown on February 15, 2022 and production of the unfiled deposition
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`transcript.
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`19,
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`This court should also enter an Order of Protection as to production of Mrs. Leedy’s unfiled
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`deposition transcript.
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`20.
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`The Defendant has improperly scheduled the depositionof the undersigned, and the Court should
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`award the undersigned attorney’s fees.
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`WHEREFORE, SUSAN R. BROWN respectfully requests this Honorable Court enter an Order of
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`Protection relative to the Defendant’s request to take her deposition on February 15, 2022, production of the
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`unfiled deposition transcript, award attorney’s fees and costs relative to the prosecution of this Motion, as well as
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`grant such other and further relief as this Court deems just and proper under the circumstances.
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`CERTIFICATE OF SERVICE
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`| HEREBY CERTIFYt rd and correct copy ofthe foregoing wasserved to all interested parties on
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`the attached service list on this
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`day of February, 2022.
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`SUSAN R. BROWN, P.A.
`8211 W. Broward Blvd., PH-4
`Plantation, Florida 33324
`Susan(@susanbrownpa.com
`Staff(@susanbrownpa.com
`
`(954) 474-9500
`
`
`SUSAN R. BROWN
`
`Florida Bar No. 440795
`
`
`
`* Case 1:14-cv-01430-LPS Document 470 Filed 02/04/22 Page 5 of 6 PagelD #: 27148
`Case 1:14-cv-01430-LPS Document 470 Filed 02/04/22 Page 5 of 6 PageID #: 27148
`Counsel
`for Samsung
`Adam W. Poff
`Pilar G. Kraman
`
`YOUNG CONAWAY STARGATT &
`TAYLOR, LLP
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`apoff@ycst.com
`pkraman@ycst.com
`
`Attorneys for Defendants Samsung Electronics
`Co., Ltd., Samsung Semiconductor, Inc.,
`Samsung Electronics America, Inc., and
`Samsung Austin Semiconductor, LLC
`
`OF COUNSEL:
`
`Allan M. Soobert
`Naveen Modi
`Phillip W. Citroen
`Koichiro Kidokoro
`
`PAUL HASTINGS LLP
`875 15th street, N.W.
`Washington, D.C. 20005
`
`allansoobert@paulhastings.com
`naveenmodi@paulhastings.com
`phillipcitroen@paulhastings.com
`koichirokidokoro@paulhastings.co
`
`m Y
`
`ar R. Chaikovsky
`Philip Ou
`Joseph J. Rumpler,Il
`PAUL HASTINGSLLP
`1 11 7 California Avenue
`94304
`Palo
`Alto,
`CA
`yarchaikovsky@paulhastings.com
`philipou@paulhastings.com
`josephrumpler@paulhastings.com
`
`Elizabeth L. Brann
`
`PAUL HASTINGS LLP
`4747 Executive Drive, 12th Floor
`San
`Diego,
`CA
`92121
`elizabethbrann@paulhastings.com
`
`Soyoung Jung
`PAUL HASTINGSLLP515 8S.
`FlowerStreet, 25th Floor
`90071
`Los
`Angeles,
`CA
`soyoungjung@paulhastings.com
`
`
`
`Case 1:14-cv-01430-LPS Document 470 Filed 02/04/22 Page 6 of 6 PagelD #: 27149
`Case 1:14-cv-01430-LPS Document 470 Filed 02/04/22 Page 6 of 6 PageID #: 27149
`
`Counsel for Elm 3DS
`
`Brian E. Farnan
`
`Farnan LLP
`919 N. Market St., 12" Floor
`Wilmingon, DE 19801
`bfarnan@farnanlaw.com
`
`Joseph J. Farnan,Jr.
`Farnan LLP
`919N.Market St., 12" Floor
`Wilmingon, DE 19801
`farnan@farnanlaw.com
`
`Michael J. Farnan
`
`Farnan LLP
`919 N. Market St., 12" Floor
`Wilmington, DE 19801
`mfarnan@farnanlaw.com
`
`Matthew R. Ford
`Matthew.ford@bartlit-beck.com
`
`Katherine L.I. Hacker
`Kat.hacker(@bartlitbeck.com
`
`John M. Hughes
`John.hughes@bartlitbeck.com
`
`Nosson D. Knobloch
`Nosson.knobloch@bartlit-beck.com
`
`