Case 1:19-cv-01006-JDW Document 53 Filed 01/03/20 Page 1 of 5 PageID #: 1787
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`PACT XPP SCHWEIZ AG,
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`INTEL CORPORATION,
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`Defendant.
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`Plaintiff,
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`v.
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`C.A. No. 19-1006 (JDW)
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`INTEL CORPORATION’S MOTION TO COMPEL DISCOVERY
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`Intel Corporation (“Intel”) respectfully moves to compel PACT XPP Schweiz AG
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`(“PACT”) to produce a witness in response to Intel’s 30(b)(6) deposition notice and put in place
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`a discovery plan ensuring both sides a reasonable amount of deposition discovery.
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`Specifically, Intel moves for an Order (i) allowing each party to serve two Rule 30(b)(6)
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`deposition notices at different points in fact discovery (i.e., an early deposition now covering the
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`existence and location of key documents, and a second deposition later on the merits of the case),
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`(ii) compelling PACT to produce a witness in response to Intel’s 30(b)(6) deposition notice
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`served September 17, 2019 regarding document issues, and (iii) compelling PACT to make Mr.
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`Vorbach—an inventor on all 12 asserted patents—available at two different points during
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`discovery for the already-ordered 14-hours of deposition in his personal capacity. Intel requests
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`this relief so it can defend itself against PACT’s claims.
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`The specific grounds for this motion are set forth in Intel’s brief, filed herewith.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`PACT XPP SCHWEIZ AG,
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`INTEL CORPORATION,
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`Defendant.
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`Plaintiff,
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`v.
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`C.A. No. 19-1006 (JDW)
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`INTEL CORPORATION’S MOTION TO COMPEL DISCOVERY
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`Intel Corporation (“Intel”) respectfully moves to compel PACT XPP Schweiz AG
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`(“PACT”) to produce a witness in response to Intel’s 30(b)(6) deposition notice and put in place
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`a discovery plan ensuring both sides a reasonable amount of deposition discovery.
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`Specifically, Intel moves for an Order (i) allowing each party to serve two Rule 30(b)(6)
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`deposition notices at different points in fact discovery (i.e., an early deposition now covering the
`
`existence and location of key documents, and a second deposition later on the merits of the case),
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`(ii) compelling PACT to produce a witness in response to Intel’s 30(b)(6) deposition notice
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`served September 17, 2019 regarding document issues, and (iii) compelling PACT to make Mr.
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`Vorbach—an inventor on all 12 asserted patents—available at two different points during
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`discovery for the already-ordered 14-hours of deposition in his personal capacity. Intel requests
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`this relief so it can defend itself against PACT’s claims.
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`The specific grounds for this motion are set forth in Intel’s brief, filed herewith.
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`Case 1:19-cv-01006-JDW Document 53 Filed 01/03/20 Page 2 of 5 PageID #: 1788
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`MORRIS NICHOLS ARSHT & TUNNELL LLP
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`/s/ Brian P. Egan
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`Jack B. Blumenfeld (#1014)
`Brian P. Egan (#6227)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`began@mnat.com
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`Attorneys for Defendant
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`OF COUNSEL:
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`Gregory S. Arovas P. C.
`KIRKLAND & ELLIS LLP
`601 Lexington Avenue
`New York, NY 10022
`(212) 446-4800
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`Adam R. Alper
`Brandon H. Brown
`KIRKLAND & ELLIS LLP
`555 California Street, Suite 2700
`San Francisco, CA 94104
`(415) 439-1400
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`Michael W. De Vries
`Christopher M. Lawless
`Sharre Lotfollahi
`Allison W. Buchner
`Kevin Bendix
`JB Schiller
`Mark D. Fahey
`KIRKLAND & ELLIS LLP
`333 South Hope Street
`Los Angeles, CA 90071
`(213) 680-8400
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`January 3, 2020
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`2
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`Case 1:19-cv-01006-JDW Document 53 Filed 01/03/20 Page 3 of 5 PageID #: 1789
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`CERTIFICATION PURSUANT TO LOCAL CIVIL RULE 7.1.1
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`Pursuant to D. Del. L.R. 7.1.1, I hereby certify that the parties made a good faith,
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`reasonable effort to resolve the matters set forth in this motion, including oral communication
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`involving Delaware counsel for the parties, but were unable to reach agreement.
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`/s/ Brian P. Egan
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`Brian P. Egan (#6227)
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`Case 1:19-cv-01006-JDW Document 53 Filed 01/03/20 Page 4 of 5 PageID #: 1790
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`PACT XPP SCHWEIZ AG,
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`INTEL CORPORATION,
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`Defendant.
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`Plaintiff,
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`v.
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`C.A. No. 19-1006 (JDW)
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`[PROPOSED] ORDER ON INTEL CORPORATION’S MOTION TO COMPEL
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`Before the Court is Intel Corporation’s Motion to Compel. After consideration of same,
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`the Court is of the opinion that it should be GRANTED.
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`IT IS HEREBY ORDERED that the Scheduling Order (D.I. 20) is hereby modified as
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`follows:
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`1.
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`The parties may serve up to two Rule 30(b)(6) notices that may occur at different
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`points in the litigation.
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`2.
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`Mr. Vorbach may be deposed in his personal capacity on non-consecutive days,
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`during at least two different points in the case, each at a date and location mutually agreed by the
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`parties.
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`3.
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`Within 21 days of this Order, PACT XPP Schweiz is to produce a witness in
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`response to Intel Corporation’s 30(b)(6) deposition notice, served on September 17, 2019, and as
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`modified by Intel’s November 13, 2019 proposal, at a date and location mutually agreed by the
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`parties.
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`Judge Joshua D. Wolson
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`Case 1:19-cv-01006-JDW Document 53 Filed 01/03/20 Page 5 of 5 PageID #: 1791
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`CERTIFICATE OF SERVICE
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`I hereby certify that on January 3, 2020, I caused the foregoing to be electronically filed
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`with the Clerk of the Court using CM/ECF, which will send notification of such filing to all
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`registered participants.
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`I further certify that I caused copies of the foregoing document to be served on January 3,
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`2020, upon the following in the manner indicated:
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`Brian E. Farnan, Esquire
`Michael J. Farnan, Esquire
`FARNAN LLP
`919 North Market Street, 12th Floor
`Wilmington, DE 19801
`Attorneys for Plaintiff
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`Frederick A. Lorig, Esquire
`Danielle L. Gilmore, Esquire
`Pushkal Mishra, Esquire
`Nima Hefazi, Esquire
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`865 South Figueroa Street, 10th Floor
`Los Angeles, CA 90017
`Attorneys for Plaintiff
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`Mark Tung, Esquire
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`555 Twin Dolphin Drive, 5th Floor
`Redwood Shores, CA 94065
`Attorneys for Plaintiff
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`Ziyong Li, Esquire
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`50 California Street, 22nd Floor
`San Francisco, CA 94111
`Attorneys for Plaintiff
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`/s/ Brian P. Egan
`__________________________
`Brian P. Egan (#6227)
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