Kramer, Seth A.
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Schwartz, Jeff E.
`Tuesday, September 09, 2014 2:25 PM
`Michael A. Amon; Stuart Nelson
`Kramer, Seth A.; Michael Hawkins; Steve Schaefer
`RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition Dates
`
`Mike
`
`We will look into the Swiss question you raised and revert back.
`
`As to the unredacted documents requested, we disagree that they are routine discovery. We see no basis for suggesting
`that they fit within routine discovery but are willing to listen to any explanation you can provide on that subject. The
`provisions of routine discovery you cite to only require us to serve on you the exhibit we relied upon, which we have
`done. Can you please elaborate further on why you believe you are entitled to information that is not part of the exhibit
`and upon which we do not rely and how the regulation you point to supports your position or has been interpreted in a
`manner to support your position?
`
`As to the question of why Loic Josse should be deposed in Switzerland, this seems a curious question given the fact that
`he is located in Switzerland, the parties have consistently deposed the witnesses where they are located, and you
`indicated a willingness to do so in your email below, i.e.: “we are in principle, willing to discuss jointly
`requesting that the Board provide an order with a variance to the mandate of 37 C.F.R.
`42.53(b)(2).” Additionally, given the minimal testimony being offered for a very limited purpose, it would seem more
`appropriate to handle this deposition in a manner consistent with the scope of the testimony offered, such as, for
`example, taking this deposition by telephone or video conference.
`
`You have also not addressed the protective order issues previously raised.
`
`Sincerely,
`
`Jeff Schwartz
`Partner
`Fox Rothschild LLP
`1030 15th Street, N.W.
`Suite 380 East
`Washington, DC 20005
`(202) 696-1470 - direct
`(202) 461-3102- fax
`JESchwartz@foxrothschild.com
`www.foxrothschild.com
`
`
`
`
`
`From: Michael A. Amon [mailto:Amon@fr.com]
`Sent: Tuesday, September 09, 2014 2:08 PM
`To: Schwartz, Jeff E.; Stuart Nelson
`Cc: Kramer, Seth A.; Michael Hawkins; Steve Schaefer
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition Dates
`
`1
`
`MSD 1184
`IPR2013-00506
`
`

`

`
`Hi Jeff,
`
`
`The only procedures we are aware of for conducting a deposition in Switzerland is either
`through the Hague Convention or through the letters rogatory process. We don’t have time
`for either of these procedures given the deadlines imposed by the IPR schedule. Please let us
`know if you are aware of other procedures that do not violate Swiss law for deposing
`individuals in Switzerland. In addition, please let us know Medtronic’s position as to why Loic
`Josse should be deposed in Switzerland as opposed to the United States, as required by 37
`C.F.R. 42.53(b)(2).
`
`The documents cited in the Josse Declaration are routine discovery under 37 CFR
`42.51(b)(1)(i). Thus, please produce unredacted versions.
`
`We will accept Sept. 30 for the deposition of Dr. Hynes.
`
`Best,
`Mike
`
`Michael A. Amon
`FISH
`
`FISH & RICHARDSON
`12390 El Camino Real | San Diego, CA 92130
`amon@fr.com | Direct (858) 678-4708 | Cell (619) 865-7095
`
`
`
`From: Schwartz, Jeff E. [mailto:JESchwartz@foxrothschild.com]
`Sent: Monday, September 08, 2014 4:28 PM
`To: Michael A. Amon; Stuart Nelson
`Cc: Kramer, Seth A.; Michael Hawkins; Steve Schaefer
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition Dates
`
`
`
`Mike
`
`There are procedures available to enable the taking of depositions in Switzerland and to the extent you need our
`cooperation in that process we are certainly willing to cooperate.
`
`As to your request for unredacted documents, please advise as to the basis for your request. That is, on what basis do
`you believe that you are entitled to this confidential information and on what basis do you believe Medtronic is obliged
`to produce it.
`
`As a separate matter, you are no doubt fully aware of the communications we have previously had pertaining to the
`terms of a protective order. Our position remains unchanged on that issue.
`
`
`2
`
`

`

`Dr. Hynes is not available for deposition on September 23rd. He can move around some surgeries to make the 30th of
`September available instead of the 16th of September, but would need to know by mid-day tomorrow so that he can
`make the necessary arrangements to reschedule the O-R and make the necessary arrangements to shift around his
`patients’ surgeries.
`
`Sincerely,
`
`Jeff
`
`
`
`Jeff Schwartz
`Partner
`Fox Rothschild LLP
`1030 15th Street, N.W.
`Suite 380 East
`Washington, DC 20005
`(202) 696-1470 - direct
`(202) 461-3102- fax
`JESchwartz@foxrothschild.com
`www.foxrothschild.com
`
`
`
`
`From: Michael A. Amon [mailto:Amon@fr.com]
`Sent: Monday, September 08, 2014 6:01 PM
`To: Schwartz, Jeff E.; Stuart Nelson
`Cc: Kramer, Seth A.; Michael Hawkins; Steve Schaefer
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition Dates
`
`Dear Jeff,
`
`Regarding the deposition of Loic Josse, while we are, in principle, willing to discuss jointly
`requesting that the Board provide an order with a variance to the mandate of 37 C.F.R.
`42.53(b)(2) which requires that IPR depositions be conducted within the United States, it is our
`understanding that Swiss law (including Penal Code Section 271) prohibits taking depositions
`in Switzerland related to non-Swiss legal proceedings. Please let us know your thoughts on
`how to proceed.
`
`Relatedly, please produce the redacted documents from Loic Josse in unredacted
`format. Even though they may have been produced unredacted in the district court litigation,
`we are unable to use them in these IPR proceedings because of the Protective Order entered
`by the district court. As such, please produce them unredacted in these proceedings within
`two days. To the extent Medtronic believes the redacted portions are truly confidential, we
`will agree to your use of the default protective order in the IPR proceedings.
`
`
`3
`
`

`

`Regarding Dr. Hynes, we cannot proceed on Sept. 16 and request he be available for
`deposition on Sept. 23. Please confirm whether that date will work so that we can make the
`necessary arrangements.
`
`Best regards,
`Mike
`
`Michael A. Amon
`FISH
`
`FISH & RICHARDSON
`12390 El Camino Real | San Diego, CA 92130
`amon@fr.com | Direct (858) 678-4708 | Cell (619) 865-7095
`
`
`
`From: Schwartz, Jeff E. [mailto:JESchwartz@foxrothschild.com]
`Sent: Monday, September 08, 2014 8:22 AM
`To: Stuart Nelson
`Cc: Michael A. Amon; Kramer, Seth A.; Michael Hawkins; Steve Schaefer
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition Dates
`
`
`
`Stuart
`
`Loic Josse is available for deposition in Switzerland on the following dates:
`
`-Sept 11
`-Sept 19
`-Sept 22
`
`Please confirm if you plan to go forward with Dr. Hynes on September 16th.
`
`Jeff
`
`From: Schwartz, Jeff E.
`Sent: Saturday, September 06, 2014 12:03 AM
`To: 'Stuart Nelson'
`Cc: Michael A. Amon; Kramer, Seth A.; Michael Hawkins; Steve Schaefer
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition Dates
`
`Stuart
`
`Loic Josse is located in Switzerland, therefore he is not available at the same location. He is also not available on 16
`September.
`
` I
`
` will report back on what days he is available, in Switzerland, for a deposition. .
`
`
`Jeff
`
`
`
`4
`
`

`

`Jeff Schwartz
`Partner
`Fox Rothschild LLP
`1030 15th Street, N.W.
`Suite 380 East
`Washington, DC 20005
`(202) 696-1470 - direct
`(202) 461-3102- fax
`JESchwartz@foxrothschild.com
`www.foxrothschild.com
`
`
`
`
`From: Stuart Nelson [mailto:snelson@fr.com]
`Sent: Friday, September 05, 2014 11:52 PM
`To: Schwartz, Jeff E.
`Cc: Michael A. Amon; Kramer, Seth A.; Michael Hawkins; Steve Schaefer
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition Dates
`
`Jeff:
`
`Is Loic Josse available the same date and location? Are there other dates available?
`
`Thanks,
`
`
`Stuart Nelson :: Associate
`
`
`
`
`
`
`
`
`
`Fish & Richardson P.C.
`+1-612-337-2538 direct :: snelson@fr.com
`fr.com
`
`From: Schwartz, Jeff E. [mailto:JESchwartz@foxrothschild.com]
`Sent: Friday, September 05, 2014 10:40 PM
`To: Stuart Nelson
`Cc: Michael A. Amon; Kramer, Seth A.; Michael Hawkins; Steve Schaefer
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition Dates
`
`
`
`Stuart
`
`As I mentioned at Dr Yuan's deposition, the 16th of September is when our declatant is available. That is Dr
`Hynes and would be in the same location as last time.
`
`Jeff
`
`
`Sent from my Verizon Wireless 4G LTE Smartphone
`
`
`-------- Original message --------
`From: Stuart Nelson
`
`5
`
`

`

`Date:09/05/2014 10:48 PM (GMT-05:00)
`To: "Schwartz, Jeff E."
`Cc: "Michael A. Amon" , "Kramer, Seth A." , Michael Hawkins , Steve Schaefer
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition Dates
`
`Dear Jeff:
`
`
`Could you please confirm the dates and locations that your reply witnesses can be available for deposition before Due
`Date 4?
`
`
`Thanks,
`
`
`Stuart Nelson :: Associate
`
`
`
`Fish & Richardson P.C.
`+1-612-337-2538 direct :: snelson@fr.com
`fr.com
`
`
`
`From: Stuart Nelson
`Sent: Tuesday, July 15, 2014 9:01 AM
`To: 'Schwartz, Jeff E.'
`Cc: Michael A. Amon; Kramer, Seth A.; Michael Hawkins; Steve Schaefer
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition of Dr. Yuan: August 22
`
`Jeff:
`
`
`Yes, we have confirmed with Dr. Yuan, and the deposition is officially scheduled for August 22 in Syracuse, NY. Please let
`us know when you have scheduled the location. Also, we are in agreement to extend your reply deadline (Due Date 2)
`to September 5. Will you be preparing the requisite Notice of Stipulation?
`
`
`Also, and importantly, if you submit any declarations with your reply, we plan to depose the declarants. Please consider
`this the official request to you for deposition dates. Given what we have learned about the challenges with scheduling
`depositions for the witnesses for both parties (e.g. Dr. Hynes, Mr. Messerli, and Dr. Yuan), we should work to get dates
`scheduled as soon as we can. Such depositions will need to occur in early-to-middle September if Observations are to
`be completed by Due Date 4. So if you could please check with your witnesses that you plan to use for new declarations
`(if any) to ensure availability, it would be much appreciated. We would be happy to work with you well before
`September 5 to ensure we have deposition dates scheduled afterwards.
`
`
`Thanks,
`
`
`Stuart Nelson :: Associate
`
`
`
`Fish & Richardson P.C.
`+1-612-337-2538 direct :: snelson@fr.com
`fr.com
`From: Schwartz, Jeff E. [mailto:JESchwartz@foxrothschild.com]
`Sent: Monday, July 14, 2014 5:10 PM
`To: Stuart Nelson
`Cc: Michael A. Amon; Kramer, Seth A.; Michael Hawkins; Steve Schaefer
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition of Dr. Yuan: August 22
`
`
`
`
`6
`
`

`

`
`
`
`
`Stuart
`
`Just trying to get things locked down. Have you confirmed with Dr. Yuan as we discussed?
`
`Jeff
`
`
`
`From: Schwartz, Jeff E.
`Sent: Thursday, July 03, 2014 4:39 PM
`To: 'Stuart Nelson'
`Cc: Michael A. Amon; Kramer, Seth A.; Michael Hawkins; Steve Schaefer
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition of Dr. Yuan: August 22
`
`
`Stuart
`
`
`For purposes of our conversation we also tentatively scheduled our Reply to be due on September 5th.
`
`
`We look forward to receiving your confirmation from Dr. Yuan that this schedule and duration works for him.
`
`
`
`Jeff Schwartz
`Partner
`Fox Rothschild LLP
`1030 15th Street, N.W.
`Suite 380 East
`Washington, DC 20005
`(202) 696-1470 - direct
`(202) 461-3102- fax
`JESchwartz@foxrothschild.com
`www.foxrothschild.com
`
`
`
`
`
`From: Stuart Nelson [mailto:snelson@fr.com]
`Sent: Thursday, July 03, 2014 2:13 PM
`To: Schwartz, Jeff E.
`Cc: Michael A. Amon; Kramer, Seth A.; Michael Hawkins; Steve Schaefer
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition of Dr. Yuan: August 22
`
`Jeff:
`
`I want to confirm our conversation from earlier today. We are tentatively scheduled to do Dr. Yuan’s deposition in a
`single day on August 22 in Syracuse, NY. This will include a full seven hours for your cross examination, and if we do any
`redirect, Dr. Yuan will stay late enough for you to complete re-cross. We are currently contacting Dr. Yuan to get final
`confirmation of this schedule, but we do not anticipate a change. Dr. Yuan is currently in China, and we will let you
`know once we have received final confirmation.
`
`
`Thanks,
`
`
`Stuart Nelson :: Associate
`
`7
`
`

`

`
`
`
`
`
`Fish & Richardson P.C.
`+1-612-337-2538 direct :: snelson@fr.com
`fr.com
`From: Stuart Nelson
`Sent: Thursday, July 03, 2014 11:36 AM
`To: 'Schwartz, Jeff E.'; Steve Schaefer
`Cc: Michael A. Amon; Kramer, Seth A.; Michael Hawkins
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition of Dr. Yuan
`
`Jeff:
`
`
`You are correct that I did not leave a detailed voicemail. Are you available to discuss scheduling today?
`
`
`Stuart Nelson :: Associate
`
`
`
`Fish & Richardson P.C.
`+1-612-337-2538 direct :: snelson@fr.com
`fr.com
`From: Schwartz, Jeff E. [mailto:JESchwartz@foxrothschild.com]
`Sent: Thursday, July 03, 2014 11:13 AM
`To: Stuart Nelson; Steve Schaefer
`Cc: Michael A. Amon; Kramer, Seth A.; Michael Hawkins
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition of Dr. Yuan
`
`
`
`
`
`
`Stuart
`
`
`Your voice message did not include a substantive response to my email.
`
`
`
`Jeff Schwartz
`Partner
`Fox Rothschild LLP
`1030 15th Street, N.W.
`Suite 380 East
`Washington, DC 20005
`(202) 696-1470 - direct
`(202) 461-3102- fax
`JESchwartz@foxrothschild.com
`www.foxrothschild.com
`
`
`
`
`
`From: Stuart Nelson [mailto:snelson@fr.com]
`Sent: Wednesday, July 02, 2014 7:58 PM
`To: Schwartz, Jeff E.; Steve Schaefer
`Cc: Michael A. Amon; Kramer, Seth A.; Michael Hawkins
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition of Dr. Yuan
`
`
`8
`
`

`

`
`
`Jeff:
`
`I just left you a voicemail. Please call me to discuss.
`
`
`Stuart Nelson :: Associate
`
`
`
`Fish & Richardson P.C.
`+1-612-337-2538 direct :: snelson@fr.com
`fr.com
`From: Schwartz, Jeff E. [mailto:JESchwartz@foxrothschild.com]
`Sent: Wednesday, July 02, 2014 6:55 PM
`To: Stuart Nelson; Steve Schaefer
`Cc: Michael A. Amon; Kramer, Seth A.; Michael Hawkins
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition of Dr. Yuan
`
`
`
`
`Stuart
`
`
`Unless you are willing to agree that there will be no redirect we can not agree to your proposal.
`
`
`Jeff
`
`
`Sent from my Verizon Wireless 4G LTE Smartphone
`
`
`-------- Original message --------
`From: Stuart Nelson
`Date:07/02/2014 7:34 PM (GMT-05:00)
`To: "Schwartz, Jeff E." ,Steve Schaefer
`Cc: "Michael A. Amon" ,"Kramer, Seth A." ,Michael Hawkins
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition of Dr. Yuan
`
`Jeff:
`
`
`This is Dr. Yuan’s availability in August. To the extent that you prefer two consecutive days, August 17-18 are options
`although I understand that you are not available. Given that your proposed schedule is for 7 hours of cross on the first
`day with the second day reserved for redirect and re-cross, I propose that the deposition could be completed in one
`day. Redirect and re-cross will likely be short, and could be completed on a single day after the cross. Do you agree?
`
`
`Stuart Nelson :: Associate
`
`
`
`Fish & Richardson P.C.
`+1-612-337-2538 direct :: snelson@fr.com
`fr.com
`From: Schwartz, Jeff E. [mailto:JESchwartz@foxrothschild.com]
`Sent: Wednesday, July 02, 2014 6:23 PM
`To: Stuart Nelson; Steve Schaefer
`Cc: Michael A. Amon; Kramer, Seth A.; Michael Hawkins
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition of Dr. Yuan
`
`
`
`9
`
`

`

`
`
`
`
`Stuart
`
`
`We need two consecutive days. Please provide two consecutive days that are not the 17-18 th of August.
`
`
`Jeff
`
`
`
`
`Sent from my Verizon Wireless 4G LTE Smartphone
`
`
`-------- Original message --------
`From: Stuart Nelson
`Date:07/02/2014 7:09 PM (GMT-05:00)
`To: "Schwartz, Jeff E." ,Steve Schaefer
`Cc: "Michael A. Amon" ,"Kramer, Seth A." ,Michael Hawkins
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition of Dr. Yuan
`
`Jeff:
`
`I apologize for the delay. Dr. Yuan is not available August 19-20 but can be available any of the following days in August:
`- August 17-18
`- August 22
`- August 29
`Please let me know which works best for you and we will proceed to schedule it.
`
`
`Thanks,
`
`Stuart Nelson :: Associate
`
`
`
`Fish & Richardson P.C.
`+1-612-337-2538 direct :: snelson@fr.com
`fr.com
`From: Schwartz, Jeff E. [mailto:JESchwartz@foxrothschild.com]
`Sent: Wednesday, June 25, 2014 5:22 PM
`To: Stuart Nelson; Steve Schaefer
`Cc: Michael A. Amon; Kramer, Seth A.; Michael Hawkins
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition of Dr. Yuan
`
`
`
`
`
`
`Stuart
`
`
`August 17-18 do not work. Please provide alternative dates and advise as to his availability on 19-20 August.
`
`
`Jeff
`
`
`Sent from my Verizon Wireless 4G LTE Smartphone
`
`10
`
`

`

`
`
`-------- Original message --------
`From: Stuart Nelson
`Date:06/25/2014 6:02 PM (GMT-05:00)
`To: "Schwartz, Jeff E." ,Steve Schaefer
`Cc: "Michael A. Amon" ,"Kramer, Seth A." ,Michael Hawkins
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition of Dr. Yuan
`
`Dear Jeff:
`
`
`As I am sure that you can appreciate from your own experience scheduling depositions in these matters, Dr. Yuan is
`extremely busy and August 17-18 are dates that he had available. We will endeavor to find additional dates, but due to
`his schedule, we cannot guarantee that Dr. Yuan has other availability in August. Are you certain that August 17-18
`cannot be made to work? If not, could you please provide the reason? Later dates will start creating challenges with the
`schedule.
`
`
`Thanks,
`
`Stuart Nelson :: Associate
`
`
`
`Fish & Richardson P.C.
`+1-612-337-2538 direct :: snelson@fr.com
`fr.com
`From: Schwartz, Jeff E. [mailto:JESchwartz@foxrothschild.com]
`Sent: Wednesday, June 25, 2014 12:39 PM
`To: Stuart Nelson; Steve Schaefer
`Cc: Michael A. Amon; Kramer, Seth A.; Michael Hawkins
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition of Dr. Yuan
`
`
`
`
`
`
`Stuart
`
`
`Thanks for your response.
`
`
`We can discuss the scope of extension once we lock down the schedule.
`
`
`We are not available on August 17-18. Is Dr. Yuan available on August 19-20?
`
`Jeff Schwartz
`Partner
`Fox Rothschild LLP
`1030 15th Street, N.W.
`Suite 380 East
`Washington, DC 20005
`(202) 696-1470 - direct
`(202) 461-3102- fax
`JESchwartz@foxrothschild.com
`www.foxrothschild.com
`
`
`
`11
`
`

`

`
`
`
`
`From: Stuart Nelson [mailto:snelson@fr.com]
`Sent: Wednesday, June 25, 2014 12:47 PM
`To: Schwartz, Jeff E.; Steve Schaefer
`Cc: Michael A. Amon; Kramer, Seth A.; Michael Hawkins
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition of Dr. Yuan
`
`
`
`Jeff:
`
`
`At this point, Dr. Yuan no longer has any availability prior to August 7 as he will be traveling and out of the country
`during that time. However, Dr. Yuan can be available in Naples Florida on August 17 and 18. Are those dates
`acceptable? Remember that Due Date 2 has already been extended to August 22 (see attached). If you think that you
`will need a short extension, we would agree. Please let us know soon, so we can get it scheduled.
`
`
`Thanks,
`
`Stuart Nelson :: Associate
`
`
`
`Fish & Richardson P.C.
`+1-612-337-2538 direct :: snelson@fr.com
`fr.com
`From: Schwartz, Jeff E. [mailto:JESchwartz@foxrothschild.com]
`Sent: Wednesday, June 25, 2014 11:21 AM
`To: Steve Schaefer
`Cc: Stuart Nelson; Michael A. Amon; Kramer, Seth A.; Michael Hawkins
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition of Dr. Yuan
`
`
`
`
`
`
`Steve et a.:
`
`
`Can someone from your team please confirm receipt of the communication below?
`
`
`
`Jeff Schwartz
`Partner
`Fox Rothschild LLP
`1030 15th Street, N.W.
`Suite 380 East
`Washington, DC 20005
`(202) 696-1470 - direct
`(202) 461-3102- fax
`JESchwartz@foxrothschild.com
`www.foxrothschild.com
`
`
`
`
`
`From: Schwartz, Jeff E.
`Sent: Monday, June 23, 2014 1:32 PM
`To: Steve Schaefer
`
`12
`
`

`

`Cc: Stuart Nelson; Michael A. Amon; Kramer, Seth A.; 'Michael Hawkins'
`Subject: RE: IPR2013-00506; IPR2013-00507; and IPR2013-00508 - Deposition of Dr. Yuan
`
`
`Hi Steve
`
`
`We would like to schedule the deposition of Dr. Yuan in the above referenced IPRs, to be completed on or prior to
`August 7th, 2014.
`
`
`We would like to reserve at least 7 hours for cross examination, assuming he is cooperative and things run efficiently,
`and should leave time in the schedule for the requisite redirect and re-cross the following day. Of course if we complete
`the cross examination sooner and can complete the redirect and re-cross in the same day as the cross-examination that
`would obviously be preferred, but for planning purposes we should set aside two days just in case it is needed.
`
`
`Please advise when Dr. Yuan will be available for at least two consecutive days for deposition.
`
`
`Thanks in advance,
`
`Jeff
`
`
`
`Jeff Schwartz
`Partner
`Fox Rothschild LLP
`1030 15th Street, N.W.
`Suite 380 East
`Washington, DC 20005
`(202) 696-1470 - direct
`(202) 461-3102- fax
`JESchwartz@foxrothschild.com
`www.foxrothschild.com
`
`
`
`
`This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the
`Individual(s) named above. If you are not the intended recipient of this e-mail, or the employee or agent
`responsible for delivering this to the intended recipient, you are hereby notified that any dissemination or
`copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify
`us by telephone at (215)-299-2167 or notify us by e-mail at helpdesk@foxrothschild.com. Also, please mail a
`hardcopy of the e-mail to Fox Rothschild LLP, 2000 Market Street, Philadelphia PA 19103-3222 via the U.S.
`Postal Service. We will reimburse you for all expenses incurred. Thank you.
`
`
`***************************************************************************************************
`*************************
`This email message is for the sole use of the intended recipient(s) and may contain confidential
`and privileged information. Any unauthorized use or disclosure is prohibited. If you are not the
`intended recipient, please contact the sender by reply email and destroy all copies of the original
`message.
`
`IRS CIRCULAR 230 DISCLOSURE: Any U.S. tax advice contained in this communication (including any
`attachments) is not intended or written to be used, and cannot be used, for the purpose of (i)
`avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to
`another party any transaction or matter addressed herein.(FR08-i203d)
`
`13
`
`

`

`***************************************************************************************************
`*************************
`
`
`This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the
`Individual(s) named above. If you are not the intended recipient of this e-mail, or the employee or agent
`responsible for delivering this to the intended recipient, you are hereby notified that any dissemination or
`copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify
`us by telephone at (215)-299-2167 or notify us by e-mail at helpdesk@foxrothschild.com. Also, please mail a
`hardcopy of the e-mail to Fox Rothschild LLP, 2000 Market Street, Philadelphia PA 19103-3222 via the U.S.
`Postal Service. We will reimburse you for all expenses incurred. Thank you.
`
`
`This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the
`Individual(s) named above. If you are not the intended recipient of this e-mail, or the employee or agent
`responsible for delivering this to the intended recipient, you are hereby notified that any dissemination or
`copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify
`us by telephone at (215)-299-2167 or notify us by e-mail at helpdesk@foxrothschild.com. Also, please mail a
`hardcopy of the e-mail to Fox Rothschild LLP, 2000 Market Street, Philadelphia PA 19103-3222 via the U.S.
`Postal Service. We will reimburse you for all expenses incurred. Thank you.
`
`
`This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the
`Individual(s) named above. If you are not the intended recipient of this e-mail, or the employee or agent
`responsible for delivering this to the intended recipient, you are hereby notified that any dissemination or
`copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify
`us by telephone at (215)-299-2167 or notify us by e-mail at helpdesk@foxrothschild.com. Also, please mail a
`hardcopy of the e-mail to Fox Rothschild LLP, 2000 Market Street, Philadelphia PA 19103-3222 via the U.S.
`Postal Service. We will reimburse you for all expenses incurred. Thank you.
`
`
`This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the
`Individual(s) named above. If you are not the intended recipient of this e-mail, or the employee or agent
`responsible for delivering this to the intended recipient, you are hereby notified that any dissemination or
`copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify
`us by telephone at (215)-299-2167 or notify us by e-mail at helpdesk@foxrothschild.com. Also, please mail a
`hardcopy of the e-mail to Fox Rothschild LLP, 2000 Market Street, Philadelphia PA 19103-3222 via the U.S.
`Postal Service. We will reimburse you for all expenses incurred. Thank you.
`
`
`This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the
`Individual(s) named above. If you are not the intended recipient of this e-mail, or the employee or agent
`responsible for delivering this to the intended recipient, you are hereby notified that any dissemination or
`copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify
`us by telephone at (215)-299-2167 or notify us by e-mail at helpdesk@foxrothschild.com. Also, please mail a
`hardcopy of the e-mail to Fox Rothschild LLP, 2000 Market Street, Philadelphia PA 19103-3222 via the U.S.
`Postal Service. We will reimburse you for all expenses incurred. Thank you.
`
`
`This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the
`Individual(s) named above. If you are not the intended recipient of this e-mail, or the employee or agent
`
`14
`
`

`

`responsible for delivering this to the intended recipient, you are hereby notified that any dissemination or
`copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify
`us by telephone at (215)-299-2167 or notify us by e-mail at helpdesk@foxrothschild.com. Also, please mail a
`hardcopy of the e-mail to Fox Rothschild LLP, 2000 Market Street, Philadelphia PA 19103-3222 via the U.S.
`Postal Service. We will reimburse you for all expenses incurred. Thank you.
`
`
`This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the
`Individual(s) named above. If you are not the intended recipient of this e-mail, or the employee or agent
`responsible for delivering this to the intended recipient, you are hereby notified that any dissemination or
`copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify
`us by telephone at (215)-299-2167 or notify us by e-mail at helpdesk@foxrothschild.com. Also, please mail a
`hardcopy of the e-mail to Fox Rothschild LLP, 2000 Market Street, Philadelphia PA 19103-3222 via the U.S.
`Postal Service. We will reimburse you for all expenses incurred. Thank you.
`
`
`This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the
`Individual(s) named above. If you are not the intended recipient of this e-mail, or the employee or agent
`responsible for delivering this to the intended recipient, you are hereby notified that any dissemination or
`copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify
`us by telephone at (215)-299-2167 or notify us by e-mail at helpdesk@foxrothschild.com. Also, please mail a
`hardcopy of the e-mail to Fox Rothschild LLP, 2000 Market Street, Philadelphia PA 19103-3222 via the U.S.
`Postal Service. We will reimburse you for all expenses incurred. Thank you.
`
`
`This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the
`Individual(s) named above. If you are not the intended recipient of this e-mail, or the employee or agent
`responsible for delivering this to the intended recipient, you are hereby notified that any dissemination or
`copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify
`us by telephone at (215)-299-2167 or notify us by e-mail at helpdesk@foxrothschild.com. Also, please mail a
`hardcopy of the e-mail to Fox Rothschild LLP, 2000 Market Street, Philadelphia PA 19103-3222 via the U.S.
`Postal Service. We will reimburse you for all expenses incurred. Thank you.
`
`15
`
`