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`Case 1:16-cv-00116-RGA Document 148 Filed 07/25/17 Page 1 of 6 PageID #: 2743
`Case 1:16-cv-00116-RGA Document 148 Filed 07/25/17 Page 1 of 6 PagelD #: 2743
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`) )
`
`SOUND VIEW INNOVATIONS, LLC,
`
`) REDACTED - PUBLIC VERSION
`)
`
`) )
`
`Plaintiff,
`
`v.
`
`FACEBOOK, INC,
`
`Defendant.
`
`) Civil Action No. 1:16~cv—l lé-RGA
`)
`)
`
`JURY TRIAL DEMANDED
`
`) )
`
`SOUND VIEW INNOVATIONS, LLC’S SECOND NOTICE OF DEPOSITION T0
`FACEBOOK, INC.
`
`Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure and the Local Rules of
`
`this Court, Plaintiff Sound View Innovations, LLC (“Sound View”), by its counsel, will take the
`
`deposition of Defendant Facebook, Inc. (“Facebook”), regarding the subject matter set forth in the
`
`attached Schedule B, which shall be interpreted in accordance with the definitions set forth in the
`
`attached Schedule A.
`
`The deposition will begin at 9:00 am. on August 1, 2017, at the office ofDesmarais LLP,
`230 Park Ave, New York, New York, l0169, or at such other time and place as may be agreed
`
`upon in writing by counsel for the parties. The examination will be taken before a Notary Public
`
`or other person authorized to administer oaths pursuant to Rule 28 of the Federal Rules of Civil
`
`Procedure, and will continue day to day until completed. The testimony at the deposition will be
`
`recorded by video, stenographic, audio, audiovisual, and/or real-time computer means.
`
`In accordance with Rule 30(b)(6) of the Federal Rules of Civil Procedure, Facebook shall
`
`designate one or more officers, directors, managing agents, employees, or other persons Who
`
`consent and are knowledgeable to testify on its behalf as to each of the topics set forth in the
`
`
`
`Case 1:16-cv-00116-RGA Document 148 Filed 07/25/17 Page 2 of 6 PageID #: 2744
`Case 1:16-cv-00116-RGA Document 148 Filed 07/25/17 Page 2 of 6 PagelD #: 2744
`
`attached Schedule B. Sound View requests that Facebook identify the individua1(s) who will testify
`
`regarding each topic at least one week in advance of the deposition.
`
`Of Counsel:
`Alan S. Keliman
`Tamir Packin
`Richard M. Coweil
`Jason Berrebi
`Edward B. Geist
`Wesley L. White
`Tom BenGera
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
`Telephone: (212) 351-3400
`Facsimile: (212) 351-3401
`akellman@desmaraisilp.corn
`tpackin@desmaraisllp.corn
`rcowell@desmaraisllp.corn
`jberrebi@desmaraisllp.com
`egeist@desmaraislip.com
`wwhite@desmaraisiip.com
`tbengera@desmaraisllp.com
`
`Dated:
`
`July 18, 2017
`
`/s/ John C. Phillips, Jr.
`John C. Phillips, Jr. (No. 1 10)
`Megan C. Haney (No. 5016)
`PHILLIPS, GOLDMAN, MCLAUGHLIN
`& HALL, PA.
`1200 North Broom Street
`Wilmington, Delaware 19806-4204
`Telephone:
`(302) 65 5—4200
`Facsimile:
`(302) 65 5-42 10
`jcp@pgmhlaw.com
`mch@pgmhlaw.com
`
`-
`
`Attorneys for Plot'an
`Sound View Innovations, LLC
`
`
`
`
`
`|
`
`i
`
`i
`
`:
`
`Case 1:16-cv-00116-RGA Document 148 Filed 07/25/17 Page 3 of 6 PageID #: 2745
`Case 1:16-cv-OOll6-RGA Document 148 Filed 07/25/17 Page 3 of 6 PagelD #: 2745
`
`SCHEDULE A - DEFINITIONS
`
`1.
`
`As used herein, “Defendant,” “You,” and “Your” means Facebook,
`
`Inc.
`
`(“Facebook”) and includes any predecessors, divisions, departments, subsidiaries, parents,
`
`affiliates, present or former officers, directors, employees, agents, counsel, representatives, and
`
`others authorized to act on its behalf.
`
`2.
`
`The use of a verb in any tense, mood, or voice shall be construed to include the use
`
`of that verb in all other tenses, moods, or voices, as necessary to bring within the scope of the
`
`discovery request all responses that might otherwise be construed to be outside the scope, such
`
`that, for example, topics relating to how You ‘do’ things also be construed to include how You
`
`‘did’ them.
`
`3.
`
`As used herein, “include” and “including” shall be construed to mean “without
`
`limitation,” so as to acquire the broadest possible meaning.
`
`4.
`
`As used herein, “communication” means any transmission of information by one
`
`or more persons and/or between two or more persons by any means,
`
`including telephone
`
`conversations, letters, instant messages, text messages, electronic mail, other computer linkups,
`
`written memoranda, and face~to~face conversations.
`
`5.
`
`As used herein, “and” and “or” shall be construed conjunctiver and disjunctively,
`
`so as to acquire the broadest possible meaning.
`
`6.
`
`As used herein, “any” and “all” shall each be construed to mean “each and every,”
`
`so as to acquire the broadest possible meaning.
`
`7.
`
`The singular and masculine form of a noun or pronoun shall embrace, and shall be
`
`read and applied as, the plural or the feminine or neuter, as the particular context makes appropriate
`
`and to give the noun or pronoun the broadest possible meaning.
`
`
`
`
`
`
`
`Case 1:16-cv-00116-RGA Document 148 Filed 07/25/17 Page 4 of 6 PageID #: 2746
`Case 1":16-cv-00116-RGA Document 148 Filed 07/25/17 Page 4 of 6 PagelD #: 2746
`
`8.
`
`As used herein, “document” has the same broad meaning as in Rule 34 of the
`
`Federal Rules of Civil Procedure. The term “document” also encompasses tangible things.
`
`9.
`
`As used herein, “person” means any natural person or any business,
`
`legal, or
`
`governmental entity or association.
`
`10.
`
`As used herein, “concerning” and “relating to” mean, without
`
`limitation,
`
`identifying, describing, discussing, concerning, assessing,
`
`stating,
`
`reflecting, constituting,
`
`containing, embodying, tending to support or refute, or referring directly or indirectly to the
`
`particular subject matter identified.
`
`11.
`
`As used herein, “TAO” refers to Your storage solution. See, 2.3:, FBSVg00000190.
`
`12.
`
`As used herein, “Pages Manager” refers to Your Pages Manager mobile application,
`
`including current and previous versions of that application for both the iOS and Android operating
`
`system s .
`
`
`
`Case 1:16-cv-00116-RGA Document 148 Filed 07/25/17 Page 5 of 6 PageID #: 2747
`Case 1:16-cv-00116-RGA Document 148 Filed 07/25/17 Page 5 of 6 PagelD #: 2747
`
`HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY
`
`SCHEDULE B — TOPICS
`
`57.
`
`The operation of Pages Manager, including:
`
`a.
`
`The login process (e.g., Your useof—
`
`b.
`
`The user interface of Pages Manager, including when Facebook began
`
`providing a drop~down menu in Pages Manager listing Pages for which the user has
`
`a Page Role or other permissions; and
`
`c.
`
`How Facebook determines which Pages will be displayed in the drop-down
`
`menu of Pages Manager for a given user, including—
`
`58.
`
`All documents, reports, or statistics relating to thread termination when waiting on,
`
`or holding, futexes, robust futexes, and/or pthread mutexes.
`
`59.
`
`The identity, location, and functionality of the source code for all glibc libraries
`
`used by the features, systems, or other components that make use of or call futexes, robust futexes,
`
`and/or pthread mutexes.
`
`60.
`
`The identity, authenticity, and operation of the HBase source code used by
`
`Facebook in production and available at gitapacheorg.
`
`61.
`
`The distribution of requests received by Facebook’s HHVM servers in the United
`
`States since Janualy 20} 3, including, on a monthly basis, the number and percentage of requests
`
`relating to Facebook’s desktop site (e.g., wwwfacebookcom), Facebook’s mobile sites (e.g.,
`
`m.facebook.corn), and Facebook applications (e.g., Facebook’s iOS app and/or Android app).
`
`
`
`
`
`Case 1:16-cv-00116-RGA Document 148 Filed 07/25/17 Page 6 of 6 PageID #: 2748
`Case 1:16-cv-00116-RGA Document 148 Filed 07/25/17 Page 6 of 6 PagelD #: 2748
`
`HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY
`
`62.
`
`All facts and circumstances surrounding the_ event on-
`
`- as described in FBSV_00013107 at slide 5, including all facts and circumstances relating to
`
`the —
`
`
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