`
`From:
`Sent:
`To:
`Subject:
`
`Hi Evan,
`
`Yoni Lavi
`Monday, February 20, 2017 12:22 PM
`Day, Evan S. (SDO)
`Re: Bradium Technologies, LLC v Microsoft
`
`I was going to contact FB legal dept first, but then I considered again what makes me so anxious about it and
`realized it is not really the process of going through a deposition, but rather that I simply don't want to cause
`these people to have a personal vendetta against me. To be brief, I've moved on with my life, and would like to
`keep it that way. I hope it makes it clear now; I will participate in the legal process itself only if compelled to do
`so.
`
`I'm sorry I can't cooperate any further in this.
`I hope your case goes well, anyway.
`
`Regards,
`Yoni
`
`On Mon, Feb 20, 2017 at 7:44 PM, Day, Evan S. (Perkins Coie) <EDay@perkinscoie.com> wrote:
`
`Yoni,
`
`I would like to follow up on our conversation last week. If you have had a chance to speak with independent counsel
`about this matter, we would also be happy to talk to them directly or speak to both of you at your preference. Please let
`me know when you (and/or your counsel) are available to discuss further. Again, we really appreciate all of your help on
`this matter.
`
`Best regards,
`
`Evan
`
`Evan Day | Perkins Coie LLP
`
`11988 El Camino Real Suite 350
`
`San Diego, CA 92130-2594
`
`D. +1.858.720.5743
`
`F. +1.858.720.5799
`
`E. EDay@perkinscoie.com
`
`1
`
`Microsoft, Ex. 1036
`Microsoft v. Bradium, IPR2016-01897
`
`
`
`From: Day, Evan S. (SDO)
`Sent: Tuesday, February 14, 2017 3:59 PM
`To:
`Cc: Bernstein, Matthew C. (SDO)
`Subject: RE: Bradium Technologies, LLC v Microsoft
`
`Yoni,
`
`Thank you for speaking to me this evening. I understand your concerns about the possibility of being deposed in this
`matter. As I stated over the phone, Microsoft stands behind its previous agreement (per Matt’s attached letter dated
`September 13, 2016) to pay for your defense and any damages in the unlikely event that Mr. Levanon attempts to sue you
`for providing truthful testimony in a declaration or deposition. Additionally, if you require your own independent counsel to
`advise you regarding a deposition, Microsoft is willing to pay for or reimburse you for the cost of that counsel. Please let
`us know if there is anything else that we can do to help.
`
`Best regards,
`
`Evan
`
`Evan Day | Perkins Coie LLP
`
`11988 El Camino Real Suite 350
`
`San Diego, CA 92130-2594
`
`D. +1.858.720.5743
`
`F. +1.858.720.5799
`
`E. EDay@perkinscoie.com
`
`From: Day, Evan S. (SDO)
`Sent: Thursday, February 09, 2017 8:51 PM
`To:
`Cc: Bernstein, Matthew C. (SDO)
`Subject: Bradium Technologies, LLC v Microsoft
`
`Yoni,
`
`Here’s an update on where things stand with the Bradium litigation. We filed the declaration that you provided us in the
`case (actually two of them, for different patents) in the Patent and Trademark Office this week. After we filed the
`declaration, Bradium contacted us to request to take your deposition. As you may recall from when we discussed this
`case in person, the general procedure for this type of patent office case is that if we submit a declaration (like yours), the
`
`2
`
`Microsoft, Ex. 1036
`Microsoft v. Bradium, IPR2016-01897
`
`
`
`opposing party gets an opportunity to take a deposition if they request one, or the patent office will not consider the
`declaration. For this very reason, we took Isaac Levanon’s deposition a few weeks ago.
`
`Regarding the location of the deposition, if you are willing to come to the United States (to New York or Washington, DC
`or someplace convenient for you), we would pay to fly you out and put you up in a hotel. That would be most ideal for us,
`but we can also push to have the deposition take place in Tel Aviv (and potentially on a weekend or after business hours
`to minimize the disruption to your work schedule).
`
`With that in mind, we’d like to discuss the issue with you by phone or videoconference at your earliest convenience. One
`or both of us can be available any time over the next few days, whenever it works for you.
`
`Also, I believe we discussed this earlier, but please retain any documents or correspondence relating to this case,
`including emails.
`
`Best regards,
`
`Evan
`
`Evan Day | Perkins Coie LLP
`
`11988 El Camino Real Suite 350
`
`San Diego, CA 92130-2594
`
`D. +1.858.720.5743
`
`F. +1.858.720.5799
`
`E. EDay@perkinscoie.com
`
`NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and
`immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
`
`3
`
`Microsoft, Ex. 1036
`Microsoft v. Bradium, IPR2016-01897
`
`