Case 1:16-cv-00290-MN Document 122 Filed 11/05/18 Page 1 of 8 PageID #: 2968
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`GODO KAISHA IP BRIDGE 1,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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` No. 1:16-cv-00290 (MN)
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`Plaintiff,
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`v.
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`OMNIVISION TECHNLOGIES,
`INC.
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`Defendant.
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`PLAINTIFF’S NOTICE OF SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL
`ACTION TO HUAWEI DEVICE USA
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`PLEASE TAKE NOTICE that Plaintiff has served the subpoena to testify at a deposition
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`in a civil action attached as Exhibit A on Huawei Device USA.
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`IP BRIDGE’S NOTICE OF SUBPOENA TO
`TESTIFY AT A DEPOSITION IN A CIVIL
`ACTION TO HUAWEI DEVICE USA
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`1
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`CASE NO. 1:16-CV-00290
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`Case 1:16-cv-00290-MN Document 122 Filed 11/05/18 Page 2 of 8 PageID #: 2969
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`Respectfully Submitted,
`/s/ Stamatios Stamoulis
`Stamatios Stamoulis (#4606)
`Richard C. Weinblatt (#5080)
`STAMOULIS & WEINBLATT LLC
`Two Fox Point Centre
`6 Denny Road, Suite 307
`Wilmington, DE 19809
`Tel: (302) 999-1540
`stamoulis@swdelaw.com
`weinblatt@swdelaw.com
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`Attorneys for Plaintiff Godo
`Kaisha IP Bridge 1
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`** Admitted pro hac vice
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`SHORE CHAN DEPUMPO LLP
`Michael W. Shore** (mshore@shorechan.com)
`Alfonso Garcia Chan** (achan@shorechan.com)
`Joseph F. DePumpo** (jdepumpo@shorechan.com)
`Christopher L. Evans** (cevans@shorechan.com)
`Andrew M. Howard** (ahoward@shorechan.com)
`Ari B. Rafilson** (arafilson@shorechan.com)
`William D. Ellerman** (wellerman@shorechan.com)
`Samuel E. Joyner** (sjoyner@shorechan.com)
`Chijioke E. Offor** (coffor@shorechan.com)
`901 Main Street, Suite 3300
`Dallas, TX 75202
`Tel: (214) 593-9110
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`OHASHI & HORN LLP
`Hiromasa Ohashi** (ohashi@ohashiandhorn.com)
`Jeff J. Horn, Jr.** (horn@ohashiandhorn.com)
`Cody A. Kachel** (ckachel@ohashiandhorn.com)
`1120 Avenue of the Americas, 4th Floor
`New York, NY 10036
`Tel: (214) 743-4170
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`Attorneys for Plaintiff Godo Kaisha IP Bridge 1
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`IP BRIDGE’S NOTICE OF SUBPOENA TO
`TESTIFY AT A DEPOSITION IN A CIVIL
`ACTION TO HUAWEI DEVICE USA
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`2
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`CASE NO. 1:16-CV-00290
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`Case 1:16-cv-00290-MN Document 122 Filed 11/05/18 Page 3 of 8 PageID #: 2970
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on November 5, 2018, the attached document was
`served, via electronic transmission, upon the following attorneys of record:
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`David E. Moore
`Bindu A. Palapura
`Stephanie E. O’Byrne
`POTTER ANDERSON & CORROON LLP
`Hercules Plaza, 5th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`sobyrne@potteranderson.com
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`James C. Yoon
`WILSON SONSINI GOODRICH & ROSATI
`650 Page Mill Road
`Palo Alto, CA 9430
`jyoon@wsgr.com
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`Edward G. Poplawski
`Erik Carlson
`WILSON SONSINI GOODRICH & ROSATI
`633 West Fifth Street, Ste 1550
`Los Angeles, CA 90071
`epoplawski@wsgr.com
`ecarlson@wsgr.com
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`
`Jose C. Villarreal
`Henry Pan
`WILSON SONSINI GOODRICH & ROSATI
`900 South Capital of Texas Hwy
`Las Cimas IV, Fifth Floor
`Austin, TX 78746
`jvillarreal@wsgr.com
`hpan@wsgr.com
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`/s/ Stamatios Stamoulis
`Stamatios Stamoulis
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`IP BRIDGE’S NOTICE OF SUBPOENA TO
`TESTIFY AT A DEPOSITION IN A CIVIL
`ACTION TO HUAWEI DEVICE USA
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`3
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`CASE NO. 1:16-CV-00290
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`Case 1:16-cv-00290-MN Document 122 Filed 11/05/18 Page 4 of 8 PageID #: 2971
`Case 1:16-cv-00290-MN Document 122 Filed 11/05/18 Page 4 of 8 PageID #: 2971
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`EXHIBIT A
`EXHIBIT A
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`Case 1:16-cv-00290-MN Document 122 Filed 11/05/18 Page 5 of 8 PageID #: 2972
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`Subpoena to Testify at a Deposition in a Civil Action (Page 1)
`UNITED STATES DISTRICT COURT
`for the District of Delaware
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`Godo Kaisha IP Bridge 1
`Plaintiff
`v.
`OmniVision Technologies, Inc.
`Defendant
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`Civil Action No. 16-290 (MN)
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`SECOND AMENDED SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
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`To:
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`Huawei Device USA
`c/o Jennifer Graf (jgraf@kilpatricktownsend.com)
`(Name of person to whom this subpoena is directed)
` 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 Attachment A.
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`Place: Kilpatrick Townsend & Stockton LLP
`2001 Ross Avenue, Suite 4400, Dallas, TX 75201
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`Date and Time: 11/12/2018 at 9:00 a.m. Central
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`The deposition will be recorded by this method: Video, audio, stenographic
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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 of not doing so.
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`CLERK OF COURT
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`OR
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`Signature of Clerk or Deputy Clerk
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`/s/ Chijioke E. Offor
`Attorney’s Signature
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`Date: 11/5/2018
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`The name, address, e-mail address, and telephone number of the attorney representing GODO KAISHA IP BRIDGE 1, who
`issues or requests this subpoena, are: Chijioke E. Offor; SHORE CHAN DEPUMPO LLP, 901 Main Street Suite 3300, Dallas,
`Texas 75202; coffor@shorechan.com; 214-593-9100.
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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 of the 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. 45(a)(4).
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`Case 1:16-cv-00290-MN Document 122 Filed 11/05/18 Page 6 of 8 PageID #: 2973
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`Subpoena to Testify at a Deposition in a Civil Action (Page 2)
`ATTACHMENT A
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`The terms “HUAWEI PRODUCT” and “HUAWEI PRODUCTS” each mean, include, and refer to each
`device, imaging application, and any other product that (i) is, or was, made, sold, or supplied by, on behalf
`of, at the direction of, or with permission of, you or any affiliate since January 1, 2010 and (ii) contains
`an OmniVision image sensor.
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`DEPOSITION TOPICS
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`1. The identity (by make, model) of each device, imaging application, and any other product that
`(i) is, or was, made, sold, or supplied by, on behalf of, at the direction of, or with permission of,
`you or any affiliate since January 1, 2010 and (ii) contains an OmniVision image sensor.
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`2. For the period January 1, 2010 to November 5, 2018:
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`a. The total quantity of HUAWEI PRODUCTS made in the United States;
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`b. The total quantity of HUAWEI PRODUCTS imported into the United States;
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`c. The total quantity of HUAWEI PRODUCTS having imaging features tested or operated in the
`United States;
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`d. The total quantity of HUAWEI PRODUCTS shipped to an address in the United States;
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`e. The total quantity and identification of each OmniVision image sensor in the HUAWEI
`PRODUCTS identified in 2(a)-2(d) above;
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`f. The process by which each OmniVision image sensor was selected for inclusion in the
`HUAWEI PRODUCTS;
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`g. The process by which each OmniVision image sensor was included in the HUAWEI
`PRODUCTS that entered the United States;
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`h. Agreements with any OEM or other entity concerning manufacture of HUAWEI PRODUCTS;
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`i. Agreements concerning any OmniVision image sensor or other OmniVision technology;
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`j. Documents concerning the purchase, price, supply, or manufacture of any OmniVision
`image sensor;
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`k. Documents concerning the design, function, performance, or features of any OmniVision
`image sensor;
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`l. Documents concerning any U.S. patent or U.S. patent application filed by, assigned to, or
`prosecuted by OmniVision or Panasonic Corp.; and
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`m. Technical support requested or received concerning any OmniVision image sensor.
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`Case 1:16-cv-00290-MN Document 122 Filed 11/05/18 Page 7 of 8 PageID #: 2974
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`Civil Action No. 16-290 (MN)
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`Subpoena to Testify at a Deposition in a Civil Action (Page 3)
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`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45)
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`I received this subpoena for (name of individual and title, if any)
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`on (date)
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` I served the subpoena by delivering a copy to the named individual as follows:
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`on (date)
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` I returned the subpoena unexecuted because:
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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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`Date:
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`I declare under penalty of perjury that this information is true.
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`for services, for a total of $ 0.00
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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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`Case 1:16-cv-00290-MN Document 122 Filed 11/05/18 Page 8 of 8 PageID #: 2975
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`Subpoena to Testify at a Deposition in a Civil Action (Page 4)
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
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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 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.
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`(e) Duties in Responding to a Subpoena.
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` (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 Form. 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.
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` (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. If 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.
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`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
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`(c) Place of Compliance.
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` (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
`expense.
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` (2) For Other Discovery. A subpoena may command:
` (A) production of documents, 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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` (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 attorney’s fees—on a party or attorney who
`fails to comply.
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` (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 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 of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
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` (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 Subpoena.
` (A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify 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 of privileged or other protected matter, if no
`exception or waiver applies; or
` (iv) subjects a person to undue burden.
` (B) When Permitted. 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 modify the subpoena if it requires:
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`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013)
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