`
`July 11, 2017
`
`VIA E-MAIL
`
`Matthew C. Bernstein
`mbernstein@perkinscoie.com
`D. +1.858.720.5721
`
`Re: Bradium Technologies LLC v. Microsoft Corporation (and related proceedings before
`the US Patent and Trademark Office, Patent Trial and Appeal Board)
`
`Dear Mr. Lavi,
`
`Thank you again for offering written testimony earlier in this matter.
`
`We understand from our prior conversations with you that your concern over possible retaliation
`by persons or entities associated with Bradium (or Bradium itself) prompted you to refuse our
`prior request that you voluntarily appear for deposition on the subject matter of your written
`testimony. Nonetheless, we now would like to renew that request.
`
`First, let me repeat the assurance Microsoft has given you previously: While we do not believe
`you providing truthful testimony could form the basis for any legitimate legal claim by Mr.
`Levanon (or by anyone else associated with Bradium or Bradium itself), to ease your concerns,
`Microsoft has agreed that, in the unlikely event that you are sued for providing truthful testimony
`in a declaration or deposition, Microsoft will pay to defend you in the lawsuit and, in the event
`you are found liable for any damages in such a suit for having provided truthful testimony,
`Microsoft also agrees to pay those damages.
`
`Based on our exchanges with Bradium’s counsel, we have not seen any evidence to suggest that
`Bradium’s allegations of you violating confidentiality obligations owed to 3DVU have any
`merit. For example, Bradium never identified any specific confidential information you
`purportedly disclosed, nor did Bradium ever explain how the information you discussed in your
`declaration was any different in kind than that in the declaration Mr. Levanon submitted for
`Bradium. Bradium’s counsel were also unable to provide any corporate registration paperwork
`showing that any 3DVU business entity is still in good standing to bring a lawsuit, despite
`multiple requests from us.
`
`In addition to the assurance we previously provided (reiterated above), if you will appear
`voluntarily for deposition, Microsoft is willing to pay the reasonable attorney’s fee and
`reasonable expenses of a dually licensed U.S. and Israeli attorney of your choosing to advise you
`regarding and to defend you at deposition.
`
`Microsoft having given you these assurances, we again request that you willingly appear for
`deposition in the United States. Microsoft will pay for your and your attorney’s reasonable
`travel expenses associated with traveling to the United States, and we will work with Bradium’s
`counsel to find a time and location that is acceptable to you.
`
`
`136132441.1
`
`Microsoft, Ex. 1039
`Microsoft v. Bradium, IPR2016-01897
`
`

`

`Yonatan Lavi
`July 11, 2017
`Page 2
`
`
`We greatly prefer to work with you to find a way to get you comfortable with appearing
`voluntarily for deposition. In the interests of giving fair notice to you, however, please be aware
`that, if you will not appear for deposition voluntarily, Microsoft will seek to use the Hague
`Convention on the Taking of Evidence Abroad in Civil and Commercial Matters to obtain your
`testimony. Again, it is our very strong preference to negotiate arrangements with you on
`mutually convenient terms.
`
`Please let us know if you are willing to appear for deposition in the United States.
`
`Sincerely,
`
`
`Matthew C. Bernstein
`
`MCB
`
`
`136132441.1
`
`Microsoft, Ex. 1039
`Microsoft v. Bradium, IPR2016-01897
`
`