Argenti, Matthew
`
`From:
`Sent:
`To:
`Cc:
`
`Subject:
`
`Eliot,
`
`Rosato, Michael
`Thursday, July 09, 2015 3:00 PM
`Eliot.Williams@bakerbotts.com
`Argenti, Matthew; hop.guy@bakerbotts.com; brad.bowling@bakerbotts.com; Torczon,
`Richard
`RE: Echostar/Hughes v. Caltech: IPR2015-00059
`
` I
`
` am surprised anyone would consider objectionable our inquiring as to the circumstances of your witness’
`unavailability. Nevertheless, because you are either unwilling or unable to produce your witness, Hughes’ formal
`withdrawal of Ms. Fradenburg’s testimony is appropriate.
`
`Regarding Dr. Pfister, after having further reviewed his direct testimony, his cross-examination is unnecessary.
`
`Best regards,
`
`
`- Mike
`
`
`
`From: Eliot.Williams@bakerbotts.com [mailto:Eliot.Williams@bakerbotts.com]
`Sent: Thursday, July 09, 2015 1:27 PM
`To: Rosato, Michael
`Cc: Argenti, Matthew; hop.guy@bakerbotts.com; brad.bowling@bakerbotts.com; Torczon, Richard
`Subject: RE: Echostar/Hughes v. Caltech: IPR2015-00059
`
`Mike:
`
`We’ve responded to the non-objectionable portions of your inquiry. We reached out to Ms. Fradenburg’s
`counsel promptly after receiving your request for her deposition, and learned late last week that she would not
`appear voluntarily. At that point, we obtained Dr. Pfister’s availability. If you intend to move forward with
`Dr. Pfister on the 22nd, please let us know today. Otherwise, he will need to release that day from his
`schedule to accommodate other commitments.
`
`The remainder of your inquiry seems to be based on flawed assumptions.
`
`Regards,
`
`Eliot D. Williams
`■
`BAKER BOTTS LLP
`1001 Page Mill Road
`Bldg. One, Ste. 200
`Palo Alto, CA 94304-1007
`+1 650 739-7511 (Direct Dial)
`+1 650 739-7611 (Fax)
`
`
`From: Rosato, Michael [mailto:mrosato@wsgr.com]
`Sent: Thursday, July 09, 2015 11:29 AM
`
`1
`
`CALTECH - EXHIBIT 2028
`
`

`
`To: Williams, Eliot D.
`Cc: Argenti, Matthew; Guy, Hop; Bowling, Brad; Torczon, Richard
`Subject: RE: Echostar/Hughes v. Caltech: IPR2015-00059
`
`Eliot,
`
`Thank you for the comments. However, that is not fully responsive to my inquiry. When you procured Ms. Fradenburg’s
`direct testimony on behalf of Hughes, was she instructed she would be required to appear for cross-examination if
`called? When did you first request she be made available for a deposition? Ms. Fradenburg is a Hughes witness, so I’m
`trying to understand how and why Hughes has put itself in this position. I am also trying to understand why it took you
`so long to bring this to my attention.
`
`Thanks in advance.
`
`
`- Mike
`
`
`
`From: Eliot.Williams@bakerbotts.com [mailto:Eliot.Williams@bakerbotts.com]
`Sent: Thursday, July 09, 2015 10:24 AM
`To: Rosato, Michael
`Cc: Argenti, Matthew; hop.guy@bakerbotts.com; brad.bowling@bakerbotts.com; Torczon, Richard
`Subject: RE: Echostar/Hughes v. Caltech: IPR2015-00059
`
`Mike:
`
`Ms. Fradenburg is an employee of the University of Texas, a non-party, whom we understand to be
`represented by the University’s legal affairs office. We have requested the University of Texas, via its Legal
`Affairs Office, to make Ms. Fradenburg available for a deposition. Counsel for the University responded that
`she would not appear voluntarily, and that subpoena would be required to secure her appearance.
`
`Please let us know if you intend to move forward with the deposition of Dr. Pfister on the 22nd. His
`availability is limited.
`
`
`
`Eliot D. Williams
`■
`BAKER BOTTS LLP
`1001 Page Mill Road
`Bldg. One, Ste. 200
`Palo Alto, CA 94304-1007
`+1 650 739-7511 (Direct Dial)
`+1 650 739-7611 (Fax)
`
`
`From: Rosato, Michael [mailto:mrosato@wsgr.com]
`Sent: Wednesday, July 08, 2015 1:54 PM
`To: Williams, Eliot D.
`Cc: Argenti, Matthew; Guy, Hop; Bowling, Brad; Torczon, Richard
`Subject: RE: Echostar/Hughes v. Caltech: IPR2015-00059
`
`Eliot,
`
`Thank you for the response. Although I am a bit confused – did you not instruct Ms. Fradenburg at the time of obtaining
`her direct testimony that she would be required to appear for cross-examination if called? Also, please clarify precisely
`what attempts you’ve made to gain her appearance.
`
`2
`
`

`
`
`Best regards,
`
`
`- Mike
`
`
`Michael T Rosato
`Wilson Sonsini Goodrich & Rosati
`[o] 206.883.2529 | [f] 206.883.2699
`mrosato@wsgr.com
`
`
`
`From: Eliot.Williams@bakerbotts.com [mailto:Eliot.Williams@bakerbotts.com]
`Sent: Tuesday, July 07, 2015 4:29 PM
`To: Rosato, Michael
`Cc: Argenti, Matthew; hop.guy@bakerbotts.com; brad.bowling@bakerbotts.com
`Subject: RE: Echostar/Hughes v. Caltech: IPR2015-00059
`
`Michael:
`
`We have attempted to schedule the deposition of Ms. Fradenburg, but she is unwilling to appear
`voluntarily. To the extent Patent Owner would like her deposition, we suggest that you request issuance of a
`subpoena to compel her deposition. See Marvell v. IV, IPR2014-00553, Paper 28 (April 8, 2015). We also
`question whether the authenticity and publication date of the reference at issue is genuinely in dispute in this
`proceeding.
`
`Regarding Dr. Pfister’s availability, we can make him available at our offices in Palo Alto on July 22nd. As that
`would be slightly outside the typical time for completing the deposition, we would be amenable to a slight
`adjustment to the due dates in the current schedule. Let us know if you would like to propose such a
`modification.
`
`Regards,
`
`Eliot D. Williams
`■
`BAKER BOTTS LLP
`1001 Page Mill Road
`Bldg. One, Ste. 200
`Palo Alto, CA 94304-1007
`+1 650 739-7511 (Direct Dial)
`+1 650 739-7611 (Fax)
`
`
`From: Rosato, Michael [mailto:mrosato@wsgr.com]
`Sent: Friday, June 12, 2015 3:42 PM
`To: Williams, Eliot D.
`Cc: Argenti, Matthew; Guy, Hop
`Subject: Echostar/Hughes v. Caltech: IPR2015-00059
`
`Eliot,
`
`We would like to schedule cross-examination of the witnesses who provided affidavit testimony in support of the
`EchoStar/Hughes petition. As you know, Rule 42.53(d)(2) prescribes that the party requesting cross-examination
`
`3
`
`

`
`testimony choose the order in which the witnesses are to be cross-examined. As such, we will cross the witnesses in the
`following order, beginning with Ms. Fradenburg.
`
`
`• Robin Fradenburg
`• Dr. Pfister
`
`
`Please provide us with dates on which the witnesses can be made available for cross-examination. You’ll recall that the
`period for cross concludes on July 21st based on the scheduling order.
`
`Best regards,
`
`Michael T Rosato
`Wilson Sonsini Goodrich & Rosati
`[o] 206.883.2529 | [f] 206.883.2699
`mrosato@wsgr.com
`
`
`
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`4