IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`Case No. 2:20-cv-00274-JRG
`(LEAD CASE)
`
`JURY TRIAL DEMANDED
`
`
`
`Case No. 2:20-cv-00335-JRG
`(MEMBER CASE)
`
`JURY TRIAL DEMANDED
`
`
`
`RFCYBER CORP.,
`
`
`
`v.
`
`Plaintiff,
`
`
`GOOGLE LLC and GOOGLE PAYMENT
`CORP.,
`
`
`Defendants.
`
`
`
`
`RFCYBER CORP.,
`
`
`
`v.
`
`Plaintiff,
`
`
`SAMSUNG ELECTRONICS CO., LTD and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`
`Defendants.
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`SUBPOENA AND NOTICE OF DEPOSITION OF NXP USA, CORP.
`
`PLEASE TAKE NOTICE that pursuant to Rules 30(b)(6) and 45 of the Federal Rules of
`
`Civil Procedure, Defendants Samsung Electronics America, Inc. and Samsung Electronics Co.,
`
`Ltd. (collectively, “Samsung”) will serve the attached subpoenas on NXP USA, Corp. (“NXP”).
`
`The document subpoena requires NXP to produce the documents and things on or before
`
`July 6, 2021 at the offices of Greenberg Traurig, LLP, 4 Embarcadero Center, Suite 3000, San
`
`Francisco, CA 94111, or at such other time and place as may be mutually agreed upon by Samsung
`
`and NXP.
`
`
`
`1
`
`RFCyber's Exhibit No. 2005, IPR2021-00981
`Page 001
`
`

`

`
`
`The deposition upon oral examination of NXP will occur on July 21, 2021 at 9:30 a.m. at
`
`the offices of Greenberg Traurig, LLP, 4 Embarcadero Center, Suite 3000, San Francisco, CA
`
`94111, or at such other time and place as may be mutually agreed to by Samsung and NXP. The
`
`deposition will continue from day to day until completed, excluding Saturdays, Sundays, and
`
`holidays. The deposition will be taken before a court reporter or other person authorized by law
`
`to administer oaths, and it will be recorded by video, audio, and/or stenographic means. You are
`
`invited to attend the deposition.
`
`
`
`Dated: June 21, 2021
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`By: /s/ Allan A. Kassenoff
`Richard Edlin
`Allan A. Kassenoff
`Rose Cordero Prey
`Jeffrey R. Colin
`GREENBERG TRAURIG, LLP
`MetLife Building, 200 Park Avenue
`New York, NY 10002
`Telephone: (212) 801-9200
`Facsimile: (212) 801-6400
`Email: edlinr@gtlaw.com
`Email: kassenoffa@gtlaw.com
`Email: preyr@gtlaw.com
`Email: colinj@gtlaw.com
`
`Melissa R. Smith
`Bar No. 24001351
`GILLAM & SMITH LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`Email: melissa@gillamsmithlaw.com
`
`Attorneys for Defendants Samsung
`Electronics Co., Ltd. and Samsung
`Electronics America, Inc.
`
`
`
`2
`
`RFCyber's Exhibit No. 2005, IPR2021-00981
`Page 002
`
`

`

`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on this 21st day of June 2021, all counsel of record who are
`
`deemed to have consented to electronic service are being served with a copy of this document via
`
`email.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Allan A. Kassenoff
`Allan A. Kassenoff
`
`
`
`
`
`3
`
`RFCyber's Exhibit No. 2005, IPR2021-00981
`Page 003
`
`

`

`/s/ Allan A. Kassenoff
`
`RFCyber's Exhibit No. 2005, IPR2021-00981
`Page 004
`
`

`

`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or
`
`Objects
`
`or to Permit Inspection of Premises in a Civil Action (Page 2)
`
`Civil Action No. 2:20-cv-335-JRG (Member Case)
`
`(This section should not be
`
`filed
`
`PROOF OF SERVICE
`with the court unless
`
`required by
`
`Fed. R. Civ. P.
`
`45.)
`
`I received this subpoena for (nameofindividualandtitle, ifany)
`
`on
`
`(date)
`
`1 I served the subpoena by delivering
`
`a copy to the named
`
`person
`
`as follows:
`
`
`
` on 5 or
`(date)
`
`1 I returned the subpoena unexecuted because:
`
`
`
`or one of its officers or
`wasissued on behalf of the United States,
`agents, I have also
`Unless the subpoena
`tendered to the witness the fees for one
`day’s attendance, and the mileage allowed by law,in the amountof
`
`$
`
`My
`
`fees
`
`are $
`
`for travel and $
`
`for services, for a total of $
`
`0.00
`
`I declare under penalty of perjury that this informationis true.
`
`Date:
`Server’s signature
`
`
`Printed nameandtitle
`
`
`Server’s address
`
`Additional information regarding attempted service,etc.:
`
`RFCyber's
`
`Exhibit No. 2005, IPR2021-00981
`005
`Page
`
`RFCyber's Exhibit No. 2005, IPR2021-00981
`Page 005
`
`

`

`(g) (Effective 12/1/13)
`or information that does
`an unretained expert’s opinion
`(ii) disclosing
`occurrencesin dispute and results from the expert’s
`not describe specific
`a
`study that was not requested by
`party.
`(C) Specifying Conditions as an Alternative. In the circumstances
`or
`described in Rule 45(d)(3)(B), the court may, instead of quashing
`a
`subpoena, order appearanceor
`production underspecified
`modifying
`conditionsif the serving party:
`(i) showsa substantial need for the testimony
`or material that cannot be
`otherwise met without undue hardship; and
`ensures that the subpoenaed person will be reasonably compensated.
`(ii)
`(e) Duties in Responding to a
`Subpoena.
`(1) Producing Documents or
`Electronically Stored Information. These
`procedures apply to producing documentsor
`electronically stored
`information:
`(A) Documents. A person responding to a
`subpoena to produce documents
`are
`must produce them as
`course of business or
`kept in the ordinary
`they
`must
`organize and label them to correspondto the categories in the demand.
`(B) Formfor Producing Electronically Stored Information Not Specified.
`a form for producing electronically stored
`Ifa subpoena doesnot specify
`information, the person responding must produceit in a form or forms in
`whichit is ordinarily maintained or in a
`reasonably usable form or forms.
`(C) Electronically Stored Information Produced in Only One Form. The
`
`person responding need not produce the sameelectronically stored
`information in more than one form.
`(D) Inaccessible Electronically Stored Information. The person
`neednotprovide discovery of electronically stored information
`responding
`from sources that the person identifies as not reasonably accessible because
`or for a
`of undue burdenor cost. On motion to compeldiscovery
`protective
`order, the person responding must showthat the information is not
`reasonably accessible because of undue burdenorcost. If that showingis
`made, the court may nonetheless order discovery from such sourcesif the
`requesting party shows good cause, considering the limitations of Rule
`26(b)(2)(C). The court may specify conditions for the discovery.
`or Protection.
`(2) Claiming Privilege
`(A) Information Withheld. A person withholding subpoenaed information
`or
`as
`undera claim that it is privileged
`subject to protection
`trial-preparation
`material must:
`(i) expressly makethe claim; and
`(ii) describe the nature of the withheld documents, communications,
`tangible things in a manner
`that, without revealing informationitself
`or
`protected, will enable the parties to assess the claim.
`privileged
`(B) Information Produced. If information produced in response to a
`as
`subpoenais subject to a claim of
`or of protection
`privilege
`trial-preparation material, the person making the claim may notify any party
`that received the information of the claim andthe basis forit. After being
`a
`or
`party must promptly return, sequester,
`destroy the specified
`notified,
`
`information and anycopies it has; must not use or disclose the information
`until the claim is resolved; must take reasonablestepsto retrieve the
`information if the party disclosed it before being notified; and may promptly
`present the information undersealto the court for the district where
`complianceis required for a determination of the claim. The person who
`producedthe information must preserve the information until the claim is
`resolved.
`
`or
`
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or
`
`Objects
`
`or to Permit Inspection of Premises in a Civil Action(Page 3)
`
`(c), (d), (e), and
`
`Federal Rule of Civil Procedure 45
`
`(c) Place of Compliance.
`or
`Deposition. A subpoena may command a
`(1) For a
`Trial, Hearing,
`or
`as follows:
`personto attend a
`trial, hearing,
`deposition only
`or
`(A) within 100 miles of where the personresides, is employed,
`regularly transacts business in person; or
`or
`(B) within the state where the personresides, is employed,
`transacts businessin person,if the person
`or a
`or
`(i) is a
`party
`party’s officer;
`(ii) is commandedto attend a trial and would not incur substantial
`expense.
`
`regularly
`
`(2) For Other Discovery. A subpoena may command:
`or
`(A) production of documents,electronically stored information,
`tangible thingsat a
`place within 100 miles of where the personresides, is
`or
`regularly transacts business in person; and
`employed,
`(B) inspection ofpremises at the premises to be inspected.
`a Person Subject to a
`Subpoena; Enforcement.
`(d) Protecting
`(1) Avoiding Undue Burden or
`or
`Expense; Sanctions. A party
`attorney
`a
`musttake reasonable steps
`responsible for issuing and serving
`subpoena
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`an
`appropriate sanction—which may
`enforce this duty and impose
`include
`or
`lost earnings and reasonable attorney’s fees—ona
`attorney who
`party
`fails to comply.
`(2) Commandto Produce Materials or Permit Inspection.
`(A) Appearance Not Required. A person commanded to produce
`or
`or to
`documents, electronically stored information,
`tangible things,
`permit the inspection ofpremises, need not appear in personatthe place of
`or
`inspection unless also commandedto appearfor a
`production
`deposition,
`hearing,ortrial.
`(B) Objections. A person commanded to produce documents or
`tangible
`or to permit inspection may serve on the party
`or
`attorney designated
`things
`a written objection to inspecting, copying, testing,
`or
`in the subpoena
`anyorall of the materials or to inspecting the premises—orto
`sampling
`producingelectronically stored information in the form or forms requested.
`The objection must be served before the earlier of the time specified for
`or 14 days after the subpoena is served. If an
`objection is made,
`compliance
`the following rules apply:
`on notice to the commandedperson,the serving party
`(i) At any time,
`may movethe court for the district where compliance is required for an
`or
`order compelling production
`inspection.
`as directed in the order, and the
`(ii) These acts may be required only
`a person whois neithera
`nor a
`order must protect
`party’s officer from
`party
`significant expense resulting from compliance.
`or
`a
`(3) Quashing
`Subpoena.
`Modifying
`(A) When Required. On timely motion, the court for the district where
`or
`a
`compliance is required must quash
`subpoenathat:
`modify
`(i) fails to allow a reasonable time to comply;
`a person to comply beyondthe geographical limits
`(ii) requires
`specified in Rule 45(c);
`or other protected matter, if no
`(iii) requires disclosure ofprivileged
`or waiver applies;
`or
`exception
`a person to undue burden.
`(iv) subjects
`a person subjectto or affected by
`a
`(B) When Permitted. To protect
`subpoena,the court for the district where compliance is required may, on
`or
`modify the subpoenaif it requires:
`motion, quash
`a trade secret or other confidential research,
`(i) disclosing
`or
`or commercial information;
`development,
`
`
`(g) Contempt.
`a
`The court for the district where compliance is required—andalso,after
`a person
`motionis transferred, the issuing court—mayhold in contempt
`excuse to obey the
`who,having beenserved,fails without adequate
`or an orderrelatedto it.
`subpoena
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`
`
`RFCyber's
`
`Exhibit No. 2005, IPR2021-00981
`Page 006
`
`RFCyber's Exhibit No. 2005, IPR2021-00981
`Page 006
`
`

`

`Schedule A
`
`INSTRUCTIONS
`
`The following instructions apply to the discovery requests below and should be considered
`
`as a part of each such request:
`
`1.
`
`Each request below under the heading “DOCUMENTS AND THINGS TO BE
`
`PRODUCED” shall be answered pursuant to and in the manner prescribed by Rules 26, 34, and
`
`45 of the Federal Rules of Civil Procedure.
`
`2.
`
`In construing these requests: (i) the singular shall include the plural and the plural
`
`shall include the singular; (ii) masculine or feminine pronouns shall not exclude the other gender;
`
`(iii) the conjunctions “and” and “or” shall be read either disjunctively or conjunctively so as to
`
`bring within the scope of this request all information that might otherwise be construed to be
`
`outside its scope; (iv) each of the words “all,” “each,” “any,” and “every” shall be deemed to
`
`include each of the other functional words; (v) the definition of each term defined above shall be
`
`used regardless of whether the term is capitalized; (vi) the word “including” is non-limiting; and
`
`(vii) the past tense of a verb used herein includes the present tense and the present tense includes
`
`the past tense.
`
`3.
`
`If You object to any subpart or portion of a request or objects to providing certain
`
`information requested, state Your objection and answer the unobjectionable subpart(s) of the
`
`request and/or supply the unobjectionable information requested. If You object to any subpart or
`
`portion of a request or objects to providing certain information requested, state whether any
`
`responsive materials are being withheld on the basis of that objection.
`
`4.
`
`If any of the following requests cannot be responded to in full after exercising
`
`reasonable diligence to secure the responsive information, please state so, supply the information
`
`
`
`1
`
`RFCyber's Exhibit No. 2005, IPR2021-00981
`Page 007
`
`

`

`for those portions You are able to answer, and supply whatever information You have concerning
`
`the portion of the request that cannot be answered in full. If Your response is qualified in any
`
`particular request, set forth the details of such qualification.
`
`5.
`
`For each of the requests contained herein, a request for a document shall be
`
`deemed to include a request for any and all transmittal sheets, cover letters, exhibits, enclosures,
`
`or attachments to such document, in addition to the document. Each requested document or thing
`
`shall be produced in its entirety and with all attachments, without deletions or excisions,
`
`regardless of whether You consider the entire document or any attachment thereto to be relevant
`
`to this case or responsive to these requests. If any document or thing cannot be produced in full,
`
`it shall be produced to the extent possible and accompanied by an explanation that states why
`
`production of the remainder is not possible.
`
`6.
`
`For each of the requests contained herein, the information sought is that which is
`
`current to the date of Your response. All the requests contained herein are of a continuing nature
`
`and require You in accordance with Fed. R. Civ. P. 26(e)(1) to promptly produce for inspection
`
`and copying any documents or things that You reasonably may acquire, obtain, locate or identify.
`
`7.
`
`For those produced documents that require other documents to render the
`
`produced documents either comprehensible or not misleading, produce all such other documents.
`
`8.
`
`If no document or thing exists that is responsive to a particular request, state that
`
`no responsive materials exist.
`
`9.
`
`If any information, document, or thing is withheld from production on the basis
`
`of privilege, work product, immunity, third-party confidentiality requirements, or any similar
`
`claim, then You shall produce a log within a reasonable time as agreed by the parties or as ordered
`
`by the Court.
`
`
`
`2
`
`RFCyber's Exhibit No. 2005, IPR2021-00981
`Page 008
`
`

`

`10.
`
`Unless otherwise stated, these requests require the production of documents and
`
`things that were prepared, created, written, sent, dated, or received at any time.
`
`DEFINITIONS
`
`1.
`
`“You,” “Your,” or “NXP” means NXP USA, Corp., along with its successors,
`
`predecessors, divisions, wholly or partially owned subsidiaries, domestic or foreign parents,
`
`affiliates, partnerships, and joint ventures; and any and all the directors, officers, employees,
`
`attorneys, consultants, agents, and representatives of the foregoing.
`
`2.
`
`“RFCyber” means RFCyber Corp., and any parent, subsidiary (whether direct or
`
`indirect), affiliate, successor, predecessor, division, partnership, and joint venture; and any
`
`director, officer, employee, attorney, consultant, agent, representative, and persons acting or
`
`purporting to act on behalf of the foregoing, including without limitation RFCyber Corp. (Texas),
`
`RFCyber Corp. (California), Rich House Global Technology Ltd., and Shenzhen RFCyber Asset
`
`Management, LLP.
`
`3.
`
`“RFCyber’s Patents” means U.S. Patent Nos. 8,118,218; 8,448,855; 9,189,787;
`
`9,240,009; and 10,600,046, as well as all applications and patents that share a common priority
`
`claim to any of the foregoing.
`
`4.
`
`“Document” or “documents” means documents and things as broadly defined in
`
`Rule 34 of the Federal Rules of Civil Procedure and includes papers of all kinds and non-paper
`
`information storage means, including by way of example and without limitation, originals, and
`
`copies, however made, of letters, memoranda, notes, computer generated data, source code,
`
`calendars, records, minutes, studies, reports, white papers, presentation materials, notebooks,
`
`messages, telegrams, ledgers, legal instruments, agreements, drawings, sketches, graphs, prints,
`
`hand-written notes, rough drafts, secretarial notes, work pads, diaries, films, tapes, videotapes,
`
`
`
`3
`
`RFCyber's Exhibit No. 2005, IPR2021-00981
`Page 009
`
`

`

`pictures, photographs, books, pamphlets, publications, advertisements, sales literature, brochures,
`
`manuals, price lists, announcements, electronic mail messages, or any other writings, records, or
`
`tangible objects produced or
`
`reproduced mechanically, electrically, electronically,
`
`photographically, or chemically, whether or not in Your possession or under Your control, no
`
`matter how prepared or by whom, and all drafts or copies prepared in connection with such
`
`documents whether used or not.
`
`5.
`
`“Communication” or “communications” means any transmission of information
`
`between persons, whether written or oral, and whether transmitted in person, electronically, via
`
`hard copy or via any other means. For the avoidance of doubt, the term “document” includes all
`
`documents relating to any communication.
`
`6.
`
`The terms “concern,” “concerning,” “evidence,” “evidencing,” “relating to,”
`
`“relate to,” “relates to,” “related to,” “referring or relating to,” “referring to,” “regarding,” and
`
`“refer or relate to” shall be construed broadly to mean in whole or in part alluding to, responding
`
`to, concerning, relating to, connected with, involving, commenting on, in respect of, about,
`
`associated with, discussing, evidencing, showing describing, reflecting, analyzing, summarizing,
`
`memorializing, consisting of, constituting, identifying, stating, tending to support, tending to
`
`discredit, referring to, or in any way touching upon the subject matter of the exemplary request.
`
`DOCUMENTS AND THINGS TO BE PRODUCED
`
`Documents referring or relating to RFCyber.
`
`Documents and things related to work conducted for or at the request of RFCyber
`
`1.
`
`2.
`
`or individuals affiliated with RFCyber, including without limitation Daniel Fung, Hsin (Sean)
`
`Pan, Liang Seng Koh, Xiangzhen Xie, Fu-Tong (Adam) Cho, Fu-Liang (Ken) Cho, Joe Zheng,
`
`Michael Letterer, and Patrick Hanzen.
`
`
`
`4
`
`RFCyber's Exhibit No. 2005, IPR2021-00981
`Page 010
`
`

`

`3.
`
`Communications between You and Daniel Fung, Hsin (Sean) Pan, Liang Seng
`
`Koh, Xiangzhen Xie, Fu-Tong (Adam) Cho, Fu-Liang (Ken) Cho, Joe Zheng, Michael Letterer,
`
`and/or Patrick Hanzen regarding RFCyber, RFCyber’s work, or RFCyber’s Patents.
`
`4.
`
`Documents that refer or relate to RFCyber’s Patents or any patent applications
`
`related to RFCyber’s Patents.
`
`5.
`
`Documents sufficient to show the operation, features, and functionalities of any
`
`smart card, including personalization, provisioning, encryption, security, and use of such smart
`
`card in a mobile phone that was in public use (including trials or public testing), on sale, or
`
`otherwise available to the public in the United States prior to September 24, 2006.
`
`6.
`
`Documents sufficient to describe the nature of any public use, sale, or other public
`
`availability of a mobile phone with a smart card prior to September 24, 2006, including the
`
`location, purpose, distribution channel, manufacturer, operator, payment card processor, credit
`
`card company, bank, and other third parties (other than consumers) involved in such public use,
`
`sale, or other public availability.
`
`7.
`
`Documents sufficient to describe the nature of any public use, sale, or other public
`
`availability of a smart card prior to September 24, 2006, including the location, purpose,
`
`distribution channel, manufacturer, operator, payment card processor, credit card company, bank,
`
`and other third parties (other than consumers) involved in such public use, sale, or other public
`
`availability.
`
`8.
`
`Documents sufficient to show the operation, features, and functionalities of any
`
`smart card, including personalization, provisioning, encryption, security, and use of such smart
`
`card, in a mobile phone that was in public use (including trials or public testing), on sale, or
`
`otherwise available to the public in the United States between September 25, 2006, and January
`
`
`
`5
`
`RFCyber's Exhibit No. 2005, IPR2021-00981
`Page 011
`
`

`

`16, 2012.
`
`9.
`
`Documents sufficient to describe the nature of any public use, sale, or other public
`
`availability of a mobile phone with a smart card between September 25, 2006, and January 16,
`
`2012, including the location, purpose, distribution channel, manufacturer, operator, payment card
`
`processor, credit card company, bank, and other third parties (other than consumers) involved in
`
`such public use, sale, or other public availability.
`
`10.
`
`Documents sufficient to describe the nature of any public use, sale, or other public
`
`availability of a smart card between September 25, 2006, and January 16, 2012, including the
`
`location, purpose, distribution channel, manufacturer, operator, payment card processor, credit
`
`card company, bank, and other third parties (other than consumers) involved in such public use,
`
`sale, or other public availability.
`
`11.
`
`Documents sufficient to show the operation, features, and functionalities of any
`
`smart card, including personalization, provisioning, encryption, security, and use of such smart
`
`card, that was used for payment transactions or public transportation and that was in public use
`
`(including trials or public testing), on sale, or otherwise available to the public in the United States
`
`before September 24, 2006.
`
`12.
`
`Documents sufficient to show the operation, features, and functionalities of any
`
`smart card, including personalization, provisioning, encryption, security, and use of such smart
`
`card, that was used for payment transactions or public transportation and that was in public use
`
`(including trials or public testing), on sale, or otherwise available to the public in the United States
`
`between September 25, 2006, and January 16, 2012.
`
`13.
`
`Documents sufficient to show the operation, features, and functionalities of the
`
`MIFARE Secure Access Modules (SAMs) prior to September 24, 2006, including without
`
`
`
`6
`
`RFCyber's Exhibit No. 2005, IPR2021-00981
`Page 012
`
`

`

`limitation the use of the MIFARE SAMs for personalizing, provisioning, encrypting, securing,
`
`and communicating with smart cards in a mobile phone.
`
`14.
`
`Documents sufficient to show the operation, features, and functionalities of the
`
`MIFARE cards prior to September 24, 2006, including, but not limited to, the MIFARE Standard
`
`Card IC, MF1 IC S50.
`
`15.
`
`Documents sufficient to show the operation, features, and functionalities of the
`
`MIFARE ProX cards and smart card controllers prior to September 24, 2006, including, but not
`
`limited to, MIFARE proX P8RF6016.
`
`16.
`
`Documents sufficient to show the operation, features, and functionalities of the
`
`SmartMX cards and smart card controllers prior to September 24, 2006, including, but not limited
`
`to, documents concerning JCOP31, JCOP41, P5CT072, P5CD009, and P5CF036.
`
`17.
`
`One sample each of the MIFARE Standard Card IC, MF1 IC S50, the MIFARE
`
`proX P8RF6016, the P5CT072, the P5CD009, and the P5CF036.
`
`18.
`
`Documents sufficient to show the authenticity, date of publication, and first public
`
`availability of the documents produced in response to the above requests.
`
`
`
`7
`
`
`
`
`
`
`RFCyber's Exhibit No. 2005, IPR2021-00981
`Page 013
`
`

`

`AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
` Eastern District of Texas
`__________ District of __________
`
`Civil Action No.
`
`))))))
`
`Plaintiff
`v.
`
`Defendant
`
`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
`
`To:
`
`(Name of person to whom this subpoena is directed)
`
`Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a
`deposition to be taken in this civil action. If you are an organization, you must designate one or more officers, directors,
`or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or
`those set forth in an attachment:
`
`Place:
`
`Date and Time:
`
`The deposition will be recorded by this method:
`
`Production: You, or your representatives, must also bring with you to the deposition the following documents,
`electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the
`material:
`
`The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`
`Date:
`
`CLERK OF COURT
`
`Signature of Clerk or Deputy Clerk
`
`OR
`
`/s/ Allan A. Kassenoff
`Attorney’s signature
`
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`, who issues or requests this subpoena, are:
`
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things before
`trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to
`whom it is directed. Fed. R. Civ. P. 45(a)(4).
`
`RFCyber's Exhibit No. 2005, IPR2021-00981
`Page 014
`
`

`

`AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 2)
`
`Civil Action No.
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, if any)
`.
`
`on (date)
`
`I served the subpoena by delivering a copy to the named individual as follows:
`
`I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`
`$
`
`.
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`.
`
`.
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`Additional information regarding attempted service, etc.:
`
`RFCyber's Exhibit No. 2005, IPR2021-00981
`Page 015
`
`

`

`AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 3)
`
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`
`(c) Place of Compliance.
`
` (1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
` (A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
` (B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
` (i) is a party or a party’s officer; or
` (ii) is commanded to attend a trial and would not incur substantial
`expense.
`
` (2) For Other Discovery. A subpoena may command:
` (A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
` (B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
` (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney who
`fails to comply.
`
` (2) Command to Produce Materials or Permit Inspection.
`(A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
`(B) Objections. A person commanded to produce documents or tangible
`things or to permit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting, copying, testing, or
`sampling any or all of the materials or to inspecting the premises—or to
`producing electronically stored information in the form or forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
`(i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
` (ii) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party nor a party’s officer from
`significant expense resulting from compliance.
`
` (3) Quashing or Modifying a Subpoena.
`
`(A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
`
` (i) fails to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
`(iii) requires disclosure of privileged or other protected matter, if no
`exception or waiver applies; or
`(iv) subjects a person to undue burden.
`(B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`
`(i) disclosing a trade secret or other confidential research, development,
`or commercial information; or
`(ii) disclosing an unretained expert’s opinion or information that does
`not describe specific occurrences in dispute and results from the expert’s
`study that was not requested by a party.
`(C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
`(i) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
`(ii) ensures that the subpoenaed person will be reasonably compensated.
`
`(e) Duties in Responding to a Subpoena.
`
` (1) Producing Documents or Electronically Stored Information. These
`procedures apply to producing documents or electronically stored
`information:
`(A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course of business or
`must organize and label them to correspond to the categories in the demand.
`(B) Form for Producing Electronically Stored Information Not Specified.
`If a subpoena does not specify a form for producing electronically stored
`information, the person responding must produce it in a form or forms in
`which it is ordinarily maintained or in a reasonably usable form or forms.
`(C) Electronically Stored Information Produced in Only One Form. The
`person responding need not produce the same electronically stored
`information in more than one form.
`(D) Inaccessible Electronically Stored Information. The person
`responding need not provide discovery