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`Chris J Coulson
`Direct 212.908.6409
`ccoulson@kenyon.com
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`Andrews Kurth Kenyon LLP
`One Broadway
`New York, NY 10004-1007
`212.425.7200
`Fax 212.425.5288
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`February 9, 2017
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`By Email to CNg@perkinscoie.com and Counsel of Record for IPR2016-00448
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`Chun M. Ng, Esq.
`Perkins Coie LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101-3099
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`Re: Microsoft Corp. v. Bradium Technologies LLC, Inter Partes Review Proceeding
`IPR2016-00448 (United States Patent 7,908,343) Exhibit 10107
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`Counsel:
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`I write on behalf of Bradium Technologies LLC and Mr. Isaac Levanon regarding Exhibit 1017,
`“Declaration of Yonatan Lavi,” which Petitioner Microsoft publicly filed in Inter Partes Review
`Proceeding IPR2016-00448 (United States Patent 7,908,343).
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`Our preliminary review1 of Exhibit 1017 indicates that Mr. Lavi’s declaration reveals
`confidential corporate information regarding which we understand Mr. Lavi is subject to
`confidentiality obligations based on his employment with GACentral.com, 3DVU, Ltd., and
`3DVU, Inc., which Mr. Lavi refers to collectively as “3DVU”.
`
`To allow us to complete an investigation of this issue and reduce, to the extent possible at this
`point, any prejudice, I write to request that Microsoft Corporation (“Microsoft”) immediately
`request that Exhibit 1017 be sealed and that the public version of the declaration be expunged.
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`We further ask that Microsoft, Perkins Coie LLP and Mr. Lavi preserve all documents, including
`e-mail communications, letters, draft declarations, and agreements regarding Microsoft’s contact
`with Mr. Lavi that may have resulted in his publicly revealing 3DVU’s confidential corporate
`information without notice or consent.
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`It is unclear based on Microsoft’s reply and Mr. Lavi’s declaration whether Perkins Coie LLP is
`representing Mr. Lavi personally, or whether Perkins Coie LLP is representing only Microsoft.
`However, as you have clearly been working closely with Mr. Lavi, we ask that you immediately
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`1 Although the declaration appears to have been executed on January 31, 2017, we received no
`notice of the declaration or its contents prior to its public filing by Microsoft, which were sent to
`counsel of record at 9:44 p.m. Eastern on Monday, February 6, 2017.
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`NY01 4341208 v1
`ANDREWS KURTH KENYON LLP
`Austin Beijing Dallas Dubai Houston London New York Research Triangle Park Silicon Valley The Woodlands Washington, DC
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`Microsoft, Ex. 1039
`Microsoft v. Bradium, IPR2016-00449
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`

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`Chun M. Ng, Esq.
`February 9, 2017
`Page 2
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`forward this correspondence to Mr. Lavi so that he is aware of the need to preserve, and not
`destroy, relevant documents. Please confirm that you have done this at your earliest opportunity.
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`Regarding deposition, Bradium requests that Mr. Lavi be made available for deposition in the
`United States at our New York office at One Broadway, New York, New York, 10004 on March
`2, 2017. See 37 C.F.R. 42.53; Square, Inc. v. REM Holdings 3, LLC, Case No. IPR2014-00312,
`Paper 37 (PTAB, Dec. 9, 2014) (Order) (declarant residing outside of the United States required
`to travel to the United States for deposition). Although we will endeavor to complete Mr. Lavi’s
`deposition within a single day, Mr. Lavi should remain available in New York on Friday, March
`3, 2017 because, given the volume and nature of the materials in Mr. Lavi’s 31-page declaration
`(which includes six exhibits that total 40 pages), there is a significant chance that his deposition
`will need to continue on Friday, March 3.
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`Very truly yours,
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`/s/ Chris J. Coulson
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`Chris J. Coulson
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`NY01 4341208 v1
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`Microsoft, Ex. 1039
`Microsoft v. Bradium, IPR2016-00449
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