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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
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`B.E. TECHNOLOGY, LLC,
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`Plaintiff,
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`vs.
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`TWITTER, INC.,
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`Defendant.
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`The Honorable
`John Phipps McCalla
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`No.: 2:12-cv-02783-JPM-tmp
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`JURY DEMAND
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`DEFENDANT TWITTER, INC.’S NOTICE OF
`30(b)(1) DEPOSITION OF YUICHIRO TSUTSUI
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`PLEASE TAKE NOTICE that pursuant to Rule 30(b)(1) of the Federal Rules of Civil
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`Procedure, Defendant Twitter, Inc. (“Twitter”) shall take the deposition of Yuichiro Tsutsui,
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`2725 West Wingman Avenue, Apt. 1165, Las Vegas, NV 89123 on November 20, 2013,
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`beginning at 9:00 a.m. and continuing from day to day until completed.
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`The deposition will be held at Cameo Kayser & Associates, 2620 Regatta Drive, Suite 102,
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`Las Vegas, Nevada 89128. The deposition will be conducted for the purposes of discovery, for use
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`at trial, and for such other purposes as are permitted by law. The deposition will be taken before a
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`person authorized to administer oaths under Rule 28 of the Federal Rules of Civil Procedure. The
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`deposition shall be recorded by a stenographer or court reporter, and may be recorded by video and
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`sound means.
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`You are invited to attend and cross-examine.
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`Case 2:12-cv-02783-JPM-tmp Document 51 Filed 11/15/13 Page 2 of 11 PageID 463
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`Dated: November 14, 2013
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`/s/ Glen G. Reid, Jr.
`Glen G. Reid, Jr. (#8184)
`greid@wyattfirm.com
`Mark Vorder-Bruegge, Jr. (#06389)
`mvorder-bruegge@wyattfirm.com
`WYATT, TARRANT & COMBS, LLP
`The Renaissance Center
`1715 Aaron Brenner Dr., Suite 800
`Memphis, TN 38120-4367
`Ph: 901.537-1000; Fax: 901.537.1010
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`-and-
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`J. David Hadden*
`dhadden@fenwick.com
`Darren E. Donnelly*
`ddonnelly@fenwick.com
`Saina S. Shamilov*
`sshamilov@fenwick.com
`Ryan J. Marton*
`rmarton@fenwick.com
`Leslie Kramer*
`lkramer@fenwick.com
`Melissa H. Keyes*
`mkeyes@fenwick.com
`Clifford C. Webb*
`cwebb@fenwick.com
`Justin G. Hulse*
`jhulse@fenwick.com
`FENWICK & WEST LLP
`801 California Street, 6th Floor
`Mountain View, CA 94041
`Ph: 650.988-8500; Fax: 650.5200
`*Admitted Pro Hac Vice
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`Counsel for Defendant
`TWITTER, INC.
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`Case 2:12-cv-02783-JPM-tmp Document 51 Filed 11/15/13 Page 3 of 11 PageID 464
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`CERTIFICATE OF SERVICE
`The undersigned declares as follows:
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`I am a citizen of the United States and employed in Santa Clara County, State of
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`California I am over the age of eighteen years and not a party to the within-entitled action. My
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`business address is Fenwick & West LLP, Silicon Valley Center, 801 California Street,
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`Mountain View, California 94041. On the date set forth below, I served an electronic copy of
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`the following document, initial DEFENDANT TWITTER, INC.’S NOTICE OF 30(B)(1) DEPOSITION
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`OF YUICHIRO TSUTSUI via email on the following counsel of record in the subject action:
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`Robert E. Freitas
`Craig R. Kaufman
`James Lin
`Qudus B. Olaniran
`Freitas Tseng & Kaugman LLP
`100 Marine Parkway, Suite 200
`Redwood Shores, CA 94065
`rfreitas@ftklaw.com
`ckaufman@ftklaw.com
`jlin@ftklaw.com
`qolaniran@ftklaw.com
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`Richard M. Carter
`Adam C. Simpson
`Martin, Tate, Morrow & Marston, P.C.
`6410 Poplar Avenue, Suite 1000
`Memphis, TN 38119-4839
`rcarter@martintate.com
`asimpson@martintate.com
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` /s/ Justin G. Hulse
`Justin G. Hulse
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`Dated: November 14, 2013
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`Case 2:12-cv-02783-JPM-tmp Document 51 Filed 11/15/13 Page 4 of 11 PageID 465
`Case 2:12—cv—O2783—JPM—tmp Document 51 Filed 11/15/13 Page 4 of 11 Page|D 465
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`0 88A (Rev. 06/09) Subpoena to Testify at a Dpsition inCivil ctio I
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`UNITED STATES DISTRICT COURT
`for the
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`District of Nevada
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`Civil Action No. 2:12-cv-02783-JPM-tmp
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`(If the action is pending in another district, state where:
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`Western District of Tennessee)
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`B.E. Technology, L.L.C.,
`Plaintzfl"
`v_
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`Twitter, Inc_,
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`Defendant
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`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
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`To:
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`Yuichiro Tsutsui
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`2725 West Wingman Avenue, Apt. 1165, Las Vegas, Nevada 89123
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`[E Testimonys YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a
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`deposition to be taken in this civil action. If you are an organization that is not a party in this case, you must designate
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`one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf
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`about the following matters, or those set forth in an attachment:
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`Place: Cameo Kayser & Associates
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`2620 Regatta Drive, Suite 102
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`Las Vegas, NV 89128
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`Date and Time: November 20, 2013
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`9:00 a.m.
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`The deposition will be recorded by this method:
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`Stengg_raphic and Videotape
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`IE Production: You, or your representatives, must also bring with you to the deposition the following documents,
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`electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the
`material:
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`Please see Exhibit A.
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`The provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule
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`45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are
`attached.
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`Date: November 14, 2013
`CLERK OF COURT
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`Signature ofClerk or Deputy Clerk
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`Justin Hu|5e
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`Attorney's signature
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`Twitter, Inc.
`The name, address, e—mail, and telephone number of the attorney representing (name ofparty)
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`, who issues or requests this subpoena, are:
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`Justin Hulse
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`Fenwick & West LLP, 801 California Street, Mountain View, CA 94041
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`Telephone: 650.988.8500
`Email: jhulse@fenwick.com
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`‘
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`American l.egalNet, Inc.
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`ww\v,Forrns\Vork Elow.com
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`Case 2:12-cv-02783-JPM-tmp Document 51 Filed 11/15/13 Page 5 of 11 PageID 466
`AO 88A (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action (Page 2)
`Civil Action No. 2:12-cv-02783-JMP-tmp
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`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
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`This subpoena for (name of individual and title, if any)
`was received by me on (date)
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` Yuichiro Tsutsui
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` I served the subpoena by delivering a copy to the named individual as follows:
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`on (date)
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`; or
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` I returned the subpoena unexecuted because
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`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 fees for one day's attendance, and the mileage allowed by law, in the amount of
`$
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`My fees are $
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`for travel and $
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`for services, for a total of $ 0.00
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`I declare under penalty of perjury that this information is true.
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`Date:
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`Server's signature
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`Printed name and title
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`Server's address
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`Additional information regarding attempted service, etc:
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`American LegalNet, Inc.
`www FormsWorkFlow com
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`

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`Case 2:12-cv-02783-JPM-tmp Document 51 Filed 11/15/13 Page 6 of 11 PageID 467
`AO 88A (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action (Page 3)
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`Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07)
`(d) Duties in Responding to a Subpoena.
`(c) Protecting a Person Subject to a Subpoena.
`(1) Producing Documents or Electronically Stored Information.
`(1) Avoiding Undue Burden or Expense; Sanctions. A party or
`These procedures apply to producing documents or electronically
`attorney responsible for issuing and serving a subpoena must take
`stored information:
`reasonable steps to avoid imposing undue burden or expense on a
`(A) Documents. A person responding to a subpoena to produce
`person subject to the subpoena. The issuing court must enforce this
`documents must produce them as they are kept in the ordinary
`duty and impose an appropriate sanction — which may include lost
`course of business or must organize and label them to correspond to
`earnings and reasonable attorney's fees — on a party or attorney
`the categories in the demand.
`who fails to comply.
`(2) Command to Produce Materials or Permit Inspection.
`(B) Form for Producing Electronically Stored Information Not
`(A) Appearance Not Required. A person commanded to produce
`Specified. If a subpoena does not specify a form for producing
`documents, electronically stored information, or tangible things, or
`electronically stored information, the person responding must
`to permit the inspection of premises, need not appear in person at the
`produce it in a form or forms in which it is ordinarily maintained or
`place of production or inspection unless also commanded to appear
`in a reasonably usable form or forms.
`(C) Electronically Stored Information Produced in Only One
`for a deposition, hearing, or trial.
`Form. The person responding need not produce the same
`(B) Objections. A person commanded to produce documents or
`electronically stored information in more than one form.
`tangible things or to permit inspection may serve on the party or
`attorney designated in the subpoena a written objection to
`(D) Inaccessible Electronically Stored Information. The person
`inspecting, copying, testing or sampling any or all of the materials or
`responding need not provide discovery of electronically stored
`to inspecting the premises — or to producing electronically stored
`information from sources that the person identifies as not reasonably
`information in the form or forms requested. The objection must be
`accessible because of undue burden or cost. On motion to compel
`served before the earlier of the time specified for compliance or 14
`discovery or for a protective order, the person responding must show
`days after the subpoena is served. If an objection is made, the
`that the information is not reasonably accessible because of undue
`following rules apply:
`burden or cost. If that showing is made, the court may nonetheless
`(i) At any time, on notice to the commanded person, the serving
`order discovery from such sources if the requesting party shows
`party may move the issuing court for an order compelling production
`good cause, considering the limitations of Rule 26(b)(2)(C). The
`or inspection.
`court may specify conditions for the discovery.
`(ii) These acts may be required only as directed in the order, and
`(2) Claiming Privilege or Protection.
`the order must protect a person who is neither a party nor a party's
`(A) Information Withheld. A person withholding subpoenaed
`officer from significant expense resulting from compliance.
`information under a claim that it is privileged or subject to
`protection as trial-preparation material must:
`(3) Quashing or Modifying a Subpoena.
`(i) expressly make the claim; and
`(A) When Required. On timely motion, the issuing court must
`quash or modify a subpoena that:
`(ii) describe the nature of the withheld documents,
`(i) fails to allow a reasonable time to comply;
`communications, or tangible things in a manner that, without
`(ii) requires a person who is neither a party nor a party's officer
`revealing information itself privileged or protected, will enable the
`to travel more than 100 miles from where that person resides, is
`parties to assess the claim.
`(B) Information Produced. If information produced in response to a
`employed, or regularly transacts business in person — except that,
`subject to Rule 45(c)(3)(B)(iii), the person may be commanded to
`subpoena is subject to a claim of privilege or of protection as trial-
`attend a trial by traveling from any such place within the state where
`preparation material, the person making the claim may notify any
`the trial is held;
`party that received the information of the claim and the basis for it.
`After being notified, a party must promptly return, sequester, or
`(iii) requires disclosure of privileged or other protected matter, if
`destroy the specified information and any copies it has; must not use
`no exception or waiver applies; or
`or disclose the information until the claim is resolved; must take
`(iv) subjects a person to undue burden.
`reasonable steps to retrieve the information if the party disclosed it
`(B) When Permitted. To protect a person subject to or affected by
`before being notified; and may promptly present the information to
`a subpoena, the issuing court may, on motion, quash or modify the
`the court under seal for a determination of the claim. The person
`subpoena if it requires:
`who produced the information must preserve the information until
`(i) disclosing a trade secret or other confidential research,
`the claim is resolved.
`development, or commercial information;
`(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; or
`(iii) a person who is neither a party nor a party's officer to incur
`substantial expense to travel more than 100 miles to attend trial.
`(C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(c)(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.
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`(e) Contempt. The issuing court may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena. A nonparty's failure to obey must be excused if the
`subpoena purports to require the nonparty to attend or produce at a
`place outside the limits of Rule 45(c)(3)(A)(ii).
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`American LegalNet, Inc.
`www FormsWorkFlow com
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`

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`EXHIBIT A
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`EXHIBIT A
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`Case 2:12-cv-02783-JPM-tmp Document 51 Filed 11/15/13 Page 8 of 11 PageID 469
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`EXHIBIT A TO SUBPOENA
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`Definitions and Instructions
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`1.
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`“You” or “your” means Yuichiro Tsutsui, consultants, attorneys, and others acting
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`or purporting to act on your behalf, the intention of the definition to be more inclusive than less.
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`2.
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`The term “Hyper Net” means Hyper Net USA, any parent companies,
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`subsidiaries, or affiliates, and its employees and agents, including you.
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`3.
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`The term “Hyper System” means any client software, and corresponding client-
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`server architecture and system capable of displaying targeted advertisements to or tracking the
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`activities of end users. It includes, but is not limited to, software launched in the 1990s that
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`provided free internet access and/or served ads in a “Hot Cafe” window or similar user interface.
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`4.
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`The term “Document” is used herein in its broadest sense, as used in Rule 34(a) of
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`the Federal Rules of Civil Procedure, and includes any writing, recording, or photograph (whether
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`original or duplicate) as specified in Rule 1001 of the Federal Rules of Evidence, and every
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`document or other record of any kind, including, without limitation, any written, printed, typed,
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`recorded, filmed or graphic matter, however produced or reproduced, and any written or original,
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`master, duplicate, draft or copy. “Document” shall further include all aural or visual records or
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`representations, (including without limitation photographs, microfiche, microfilm, videotape,
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`sound recordings, and motion pictures) and computer, electronic, mechanical or electric records or
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`representations of any kind (including without limitation, tapes, cassettes, discs, recordings,
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`programs, databases, archival records, etc.). “Document” shall also include, without limitation,
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`any record of all or any portions of any discussion, Communication, Agreement, conversation,
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`interview, meeting, conference, conclusion, fact, impression, occurrence, opinion, report or other
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`similar matter, and shall include, without limitation, all correspondence, papers, cablegrams,
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`mailgrams, telegrams, notes, memoranda, summaries, abstracts, worksheets, books, manuals,
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`Case 2:12-cv-02783-JPM-tmp Document 51 Filed 11/15/13 Page 9 of 11 PageID 470
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`publications, engineering reports and notebooks, schematics, engineering drawings, software
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`source code listings, charts, plans, databases, diagrams, sketches or drawings, photographs, reports
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`and/or summaries of investigations and/or surveys, opinions and reports of appraisers or
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`consultants, projections, corporate records, minutes of board of directors or committee meetings,
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`desk calendars, appointment books, diaries, diary entries, emails, voicemails and notes,
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`newspapers, magazines, or periodical articles, and other record of any kind.
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`5.
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`The term “all documents” means any and all documents you can locate through a
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`diligent search of all locations likely to contain documents requested and through reasonable
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`inquiry of all persons likely to know of the existence of documents requested herein
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`6.
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`The phrase “relating to” means, concerning, reflecting, referring to, describing,
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`evidencing, or constituting.
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`7.
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`8.
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`The term “any” or “each” should be understood to include and encompass “all.”
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`The words “or” and “and” shall be read in the conjunctive and in the disjunctive
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`wherever they appear, and neither of these words shall be interpreted to limit the scope of these
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`discovery requests.
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`9.
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`The use of a verb in any tense shall be construed as the use of the verb in all other
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`tenses.
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`10.
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`The singular form of any word shall be deemed to include the plural. The plural
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`form of any word shall be deemed to include the singular.
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`Case 2:12-cv-02783-JPM-tmp Document 51 Filed 11/15/13 Page 10 of 11 PageID 471
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`Instructions
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`1.
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`The subpoena served upon you commands you to (at a minimum) produce all
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`responsive documents in your possession, custody or control, or in the possession, custody or
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`control of your agents or representatives, e.g., employees or attorneys.
`2.
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`Under Federal Rule of Civil Procedure 45(d)(1), you are to provide documents
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`responsive to this subpoena organized and labeled to correspond with the categories set forth
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`below or can provide the documents as they are kept in the ordinary course of business.
`3.
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`All electronically stored documents should be produced with multi-page OCR text
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`and load files, including fields that reflect custodian, level of confidentiality, and attachment
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`parameters, and whatever metadata fields are negotiated by the parties, to the extent such
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`metadata exists, but generally shall include the path, the date the document was created and
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`modified, its original file name and authors, and for email, the date and time the document was
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`sent and received, number of attachments, subject, and the complete distribution list. Documents
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`converted to TIFF will be produced as single-page TIFF images. Any document that would
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`become illegible or unusable when converted to TIFF, such as Microsoft Excel, must be
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`produced in native format. Further, any document that cannot be converted to TIFF should be
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`produced in native format. For documents produced in native format, in addition to OCR text
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`and metadata, slip sheets endorsed with the production number and level of confidentiality
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`should be provided.
`4.
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`Selection of documents from the files and other sources and the numbering of
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`such documents shall be performed in such a manner as to insure that the source of each
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`document may be determined, if necessary.
`5.
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`File folders with tabs or labels, directories of files, or other information
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`organization structures identifying documents called for by these requests should be produced
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`intact with such documents.
`6.
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`Documents attached to each other shall not be separated.
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`7.
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`If your response to a particular document request is a statement that you lack the
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`ability to comply with that request, you must specify whether the inability to comply is because the
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`particular document or category of information never existed, has been destroyed, has been lost,
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`misplaced, or stolen, or has never been, or is no longer, in your possession, custody, or control, in
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`which case the name and address of any person or entity known or believed by you to have
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`possession, custody, or control of that document or category of information must be identified.
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`Documents Requested
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`1.
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`Documents sufficient to show the operation and functionality of Hyper Net’s
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`Hyper System as tested or used in the United States from 1996 – 1998.
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`2.
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`Documents sufficient to show when Hyper Net’s Hyper System was first used in
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`the United States, including documents evidencing initial public use.
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`3.
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`Executable software or computer program code underlying Hyper Net’s Hyper
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`System as used in the United States.
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`4.
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`All documents related to Hyper Net’s Hyper System.
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`4