Case 2:12-cv-02830-JPM-tmp Document 55 Filed 08/23/13 Page 1 of 67 PageID 603
`Case 2:12—cv—O2830—JPM—tmp Document 55 Filed 08/23/13 Page 1 of 67 Page|D 603
`
`UNITED STATES DISTRICT COURT
`
`WESTERN DISTRICT OF TENNESSEE
`
`WESTERN DIVISION
`
`B.E. TECHNOLOGY, L.L.C.,
`
`V
`
`GOOGLE INC.,
`
`Plaintiff,
`
`Defendant.
`
`\/\.z\z\4\/~asa\4\z\./\/
`
`Civil Action No. 2: l 2-cv-O2830—JPM-tmp
`
`NOTICE OF DEPOSITIONS
`
`To:
`
`Plaintiff B.E. Technology, LLC
`c/o Counsel of Record, via ECF Service
`
`Please take notice that defendant Google Inc. has subpoenaed Yahoo! Inc.; Good
`
`Technology, Inc.; AOL Inc.; and Blackboard, Inc. for the production of documents and the
`
`provision of oral deposition testimony through designees under Fed.R.Civ.P. 30(b)(6),
`
`stenographically and by video, on the dates, at the times, at the locations, and on the subjects set
`
`forth in the attached copies of such subpoenas.
`
`You are entitled to attend said proceedings and examine the deponents as provided by
`
`law.
`
`Attachments incorporated in this Notice:
`
`1. Yahoo! Inc. Document Production Subpoena
`
`2. Yahoo! Inc. Oral Deposition Subpoena (9/ 16/2013, 9AM)
`
`3. Good Technology, Inc. Document Production Subpoena
`
`

`
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`Case 2:12—cv—O2830—JPM—tmp Document 55 Filed 08/23/13 Page 2 of 67 Page|D 604
`
`4. Good Technology, Inc. Oral Deposition Subpoena (9/ 17/2013, 9AM)
`
`5. Blackboard Inc. Document Production Subpoena
`
`6. Blackboard Inc. Oral Deposition Subpoena (9/ 19/2013, 9AM)
`
`7. AOL Inc. Document Production Subpoena
`
`8. AOL Inc. Oral Deposition Subpoena (9/20/2013, 9AM)
`
`Respectfitlly submitted,
`
`s/Mark Vorder-Bruegge, Jr.
`Mark Vorder-Bruegge, Jr. (#06389)
`WYATT, TARRANT & COMBS, LLP
`1715 Aaron Brenner Drive, Suite 800
`
`Memphis, TN 38120-4367
`Telephone: 901.537.1000
`Facsimile: 901.537.1010
`
`mvorder-bruegge@wyattfirm.com
`
`A. John P. Mancini
`
`MAYER BROWN LLP
`
`1675 Broadway
`New York, NY 10019-5820
`Telephone: (212) 506-2500
`jmancini@rnayerbrown.com
`
`Brian A. Rosenthal
`
`Ann Marie Duffy
`MAYER BROWN LLP
`
`1999 K Street, NW
`Washington, DC 20006
`Telephone: (202) 263-3000
`brosenthal@mayerbrown.corn
`aduffy@mayerbrown.com
`
`Attorneys for Defendant Google Inc.
`
`

`
`Case 2:12-cv-02830-JPM-tmp Document 55 Filed 08/23/13 Page 3 of 67 PageID 605
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`
`CERTIFICATE OF SERVICE
`
`The foregoing document was filed under the Court’s CM/ECF system, automatically
`
`effecting service on counsel of record for all other parties who have appeared in this action on
`
`the date of such service.
`
`s/Mark Vorder-Bruegge, Jr.
`Mark Vorder-Bruegge, Jr.
`
`605829321
`
`

`
`Case 2:12-cv-02830-JPM-tmp Document 55 Filed 08/23/13 Page 4 of 67 PageID 606
`Case 2:12—cv—O2830—JPM—tmp Document 55 Filed 08/23/13 Page 4 of 67 Page|D 606
`
`ATTACHMENT 1
`
`

`
`Case 2:12-cv-02830-JPM-tmp Document 55 Filed 08/23/13 Page 5 of 67 PageID 607
`Case 2:12—cv—O2830—JPM—tmp Document 55 Filed 08/23/13 Page 5 of 67 Page|D 607
`
`A0 888 (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
`
`
`UNITED STATES DISTRICT COURT
`for the
`
`Central District of California
`
`Civil Action No.
`
`2112-CV-02330-JMF’-imp
`
`(If the action is pending in another district, state where:
`Western District of Tennessee
`
`I '
`
`)
`)
`)
`
`) )
`
`)
`
`‘W T‘
`
`B.E. Technology, L.L.C.
`_
`Plaintrfi’
`v.
`Google Inc.
`
`Defendant
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`
`_ Yahoo! Inc.
`To‘ c/o CT Corporation System, 818 Seventh St., Los Angeles, CA 90017
`
`!Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the
`‘“a‘°’i““see Exhibit A
`
`place; Mayer Brown LLP
`350 South Grand Ave.. 25th Floor
`Los Angeles, CA 90071
`
`
`
` Date and Time:
`
`09/06/2013 10:31 am
`
`Cl Inspection ofPremises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
`other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
`may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
`
`Place:
`
`DateandTime:
`
`H T
`
`he provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule
`45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are
`attached.
`
`Date:
`
`Q§[2] (gm 3
`
`CLERK OF COURT
`
`
`
`‘s signature
`Attorn
`Signature ofClerk or Deputy Clerk
`
`
`Google Inc.
`The name, address, e-mail, and telephone number of the attorney representing (name ofparty)
`, who issues or requests this subpoena, are:
`
`Saqib Siddiqui
`4
`Mayer Brown LLP
`1999 K Street, NW, Washington, DC 2006, (202) 263-3167, ssiddiqui@mayerbrown.com
`
`

`
`Case 2:12-cv-02830-JPM-tmp Document 55 Filed 08/23/13 Page 6 of 67 PageID 608
`Case 2:12—cv—O2830—JPM—tmp Document 55 Filed 08/23/13 Page 6 of 67 Page|D 608
`
`A0 88B (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
`
`
`Civil Action No, 2:12-cv-02830—JMP-tmp
`
`(This section should not befiled with the court unless required by Fed. R. Civ. P. 45.)
`
`PROOF OF SERVICE
`
`This subpoena for (name of individual and title, ifzmy)
`
`was received by me on (date)
`
`CI
`
`I served the subpoena by delivering a copy to the named person as follows:
`
`E! 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 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 $
`
`()_()0
`
`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:
`
`

`
`Case 2:12-cv-02830-JPM-tmp Document 55 Filed 08/23/13 Page 7 of 67 PageID 609
`Case 2:12—cv—O2830—JPM—tmp Document 55 Filed 08/23/13 Page 7 of 67 Page|D 609
`
`A0 88B (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
`
`Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07)
`
`(c) Protecting a Person Subject to a Subpoena.
`(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 issuing court must enforce this
`duty and impose an appropriate sanction — which may include lost
`earnings and reasonable attomey’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 issuing court 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 issuing court must
`quash or modify a subpoena that:
`(i) fails to allow a reasonable time to comply;
`(ii) requires a person who is neither a party nor a party’s officer
`to travel more than I00 miles from where that person resides, is
`employed, or regularly transacts business in person —— except that,
`subject to Rule 45(c)(3)(B)(iii), the person may be commanded to
`attend a trial by traveling from any such place within the state where
`the trial is held;
`(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 issuing court may, on motion, quash or modify the
`subpoena if it requires:
`(i) disclosing a trade secret or other confidential research,
`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.
`
`(d) 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) Farm 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
`Farm. 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 of electronically stored
`information from sources that the person identifies as not reasonably
`accessible because of undue burden or cost. On motion to compel
`discovery or for a protective order, the person responding must show
`that the information is not reasonably accessible because of undue
`burden or cost. If that showing is made, the court may nonetheless
`order discovery from such sources if the requesting party shows
`good cause, considering the limitations of Rule 26(b)(2)(C). The
`court may specify conditions for the discovery.
`(2) Claiming Privilege or Protection.
`(A) Information Withheld. A person withholding subpoenaed
`information under a claim that it is privileged or subject to
`protection as trial-preparation material must:
`(i) expressly make the claim; and
`(ii) describe the nature of the withheld documents,
`communications, or tangible things in a manner that, without
`revealing information itself privileged or protected, will enable the
`parties to assess the claim.
`(B) Information Produced. If information produced in response to a
`subpoena is subject to a claim of privilege or of protection as trial-
`preparation material, the person making the claim may notify any
`party that received the information of the claim and the basis for it.
`After being notified, a party must promptly return, sequester, or
`destroy the specified information and any copies it has; must not use
`or disclose the information until the claim is resolved; must take
`reasonable steps to retrieve the information if the party disclosed it
`before being notified; and may promptly present the information to
`the court under seal for a determination of the claim. The person
`who produced the information must preserve the information until
`the claim is resolved.
`
`(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).
`
`

`
`Case 2:12-cv-02830-JPM-tmp Document 55 Filed 08/23/13 Page 8 of 67 PageID 610
`Case 2:12—cv—O2830—JPM—tmp Document 55 Filed 08/23/13 Page 8 of 67 Page|D 610
`
`EXHIBIT A TO SUBPOENA
`
`DEFINITIONS AND INSTRUCTIONS
`
`1.
`
`“Yahoo,” “You,” or “Your” means Yahoo! Inc., its past and present officers,
`
`directors, agents, Employees, consultants, attorneys, and others acting or purporting to act on its
`
`behalf, its predecessors and successors, and parent, affiliated, related, and subsidiary companies
`
`including but not limited to Geocities and/or SBC Yahoo!, the intention of the definition to be
`
`more inclusive than less.
`
`2.
`
`The term “Document” is used herein in its broadest sense, as used in Rule 34(a) of
`
`the Federal Rules of Civil Procedure, and includes any writing, recording, or photograph
`
`(whether original or duplicate) as specified in Rule 1001 of the Federal Rules of Evidence, and
`
`every document or other record of any kind, including, without limitation, any written, printed,
`
`typed, recorded, filmed or graphic matter, however produced or reproduced, and any written or
`
`original, master, duplicate, draft or copy. “Document” shall further include all aural or visual
`
`records or representations, (including without limitation photographs, microfiche, microfilm,
`
`videotape, sound recordings, and motion pictures) and computer, electronic, mechanical or
`
`electric records or representations of any kind (including without limitation, tapes, cassettes,
`
`discs, recordings, programs, databases, archival records, etc.). “Document” shall also include,
`
`without limitation, any record of all or any portions of any discussion, Communication,
`
`Agreement, conversation, interview, meeting, conference, conclusion, fact, impression,
`
`occurrence, opinion, report or other similar matter, and shall include, without limitation, all
`
`correspondence, papers, cablegrams, mailgrams, telegrams, notes, memoranda, summaries,
`
`abstracts, worksheets, books, manuals, publications, engineering reports and notebooks,
`
`schematics, engineering drawings, software source code listings, charts, plans, databases,
`
`diagrams, sketches or drawings, photographs, reports and/or summaries of investigations and/or
`
`AMECURRENT 70679l252.l l9-Jun—13 18:22
`
`

`
`Case 2:12-cv-02830-JPM-tmp Document 55 Filed 08/23/13 Page 9 of 67 PageID 611
`Case 2:12—cv—O2830—JPM—tmp Document 55 Filed 08/23/13 Page 9 of 67 Page|D 611
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`surveys, opinions and reports of appraisers ‘or consultants, projections, corporate records,
`
`minutes of board of directors or committee meetings, desk calendars, appointment books, diaries,
`
`diary entries, emails, voicemails and notes, newspapers, magazines, or periodical articles, and
`
`other record of any kind.
`
`3.
`
`The phrase “relating to” means, concerning, reflecting, referring to, describing,
`
`evidencing, or constituting.
`
`4.
`
`The term “and” means “and/or.” The term “or” means “and/or.” The terms “all”
`
`and “each” shall be construed as “all and each.” The plural of any word used herein includes the
`
`singular and the singular includes the plural; likewise, the disjunctive includes the conjunctive,
`
`and vice versa. Each gender of any word includes the other genders. The use of any tense of any
`
`verb shall be considered to include within its meaning all of the tenses of the verb so used.
`
`5.
`
`“Patent” refers to any patent, patent application, patent publication, utility model,
`
`or design, foreign or domestic.
`
`6.
`
`7.
`
`8.
`
`The “’290 Patent” refers to U.S. Patent No. 6,771,290.
`
`The “’3 14 Patent” refers to U.S. Patent No. 6,628,314.
`
`“Prior Art” means any item listed under 35 U.S.C. §§ 102 and 103, that discloses
`
`or included one or more elements of any claim of a subject patent together with any evidence
`
`thereof.
`
`user.
`
`9.
`
`“User Profile” means a data set stored on a server and associated with a specific
`
`10.
`
`A “File” means any digital item, including information, documents, applications,
`
`audio/video components, and/or images that is stored on a server.
`
`AMECURRENT 7067912521 19-Jun-13 18:22
`
`

`
`Case 2:12-cv-02830-JPM-tmp Document 55 Filed 08/23/13 Page 10 of 67 PageID 612
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`
`11.
`
`“User Library” means a storage location on a server for storing one or more Files
`
`of one or more users.
`
`12.
`
`“Yahoo Briefcase” means all versions of Yahoo briefcase designed and developed
`
`prior to July 16, 1999, and as described at: htt 2//en.wil<i edia.or .7/wiki/Yahoo! Briefcase.
`
`
`13.
`
`“Advertisement” means any type of online advertisements including, but not
`
`limited to, display advertisements, banner advertisements, screen savers, and/or search
`
`advertisements.
`
`14.
`
`“Cookie” means data used in conjunction with a browser to collect information
`
`about a user.
`
`15.
`
`A
`
`“Demographic Information” means any information describing one or more
`
`characteristics of a user of the Internet including, but not limited to, gender, age, zip code, and/or
`
`date of birth.
`
`16.
`
`“Usage Information” means any information describing the activities of a user of
`
`the Internet that are recorded while the user is using a browser.
`
`17.
`
`Selection of Documents from Persons files and other sources and the numbering
`
`of such Documents shall be performed in such a manner as to ensure that the source of each
`
`Document may be determined, if necessary.
`
`18.
`
`File folders with tables or labels or directories of files identifying Documents
`
`must be produced intact with such Documents.
`
`19.
`
`Documents attached to each other shall not be separated.
`
`20.
`
`If any Documents or information requested are claimed to be privileged, immune,
`
`or otherwise protected from disclosure, provide all information falling within the scope of the
`
`Document Request that is not privileged, and for each Document or item of information
`
`AMECURRENT 7067912521 19-Jun~l3 18:22
`
`

`
`Case 2:12-cv-02830-JPM-tmp Document 55 Filed 08/23/13 Page 11 of 67 PageID 613
`Case 2:12—cv—O2830—JPM—tmp Document 55 Filed 08/23/13 Page 11 of 67 Page|D 613
`
`contained in a Document that is redacted based on a claim of privilege or immunity, Identify
`
`such Document or redaction in compliance with the Federal Rules of Civil Procedure and the
`
`Local Rules of the District of Delaware.
`
`CATEGORIES OF DOCUMENTS FOR PRODUCTION
`
`All Documents and things relating to the design, implementation, and/or
`1.
`functionality of any system that included a User Profile and/or a User Library developed,
`designed, and/or sold by Yahoo prior to July 16, 1999 including, but not limited to Yahoo
`Briefcase.
`
`All Documents and things relating to the design, implementation, and/or
`2.
`functionality of any User Profiles in the systems identified in response to Request No. 1 herein.
`
`All Documents and things relating to the design, implementation, and/or
`3.
`functionality of any User Libraries in the systems identified in response to Request No. 1 herein.
`
`All Documents and things relating to the design, implementation, and/or
`4.
`functionality of any system used to display Advertisements developed, designed, and/or sold by
`Yahoo prior to July 17, 1998 including, but not limited to, Yahoo.com, Sbc.Yahoo.com in
`conjunction with Prodigy Communications, and/or Geocities.
`
`All Documents and things relating to the design, implementation, and/or
`5.
`functionality of any system used to implement and/or store a Cookie developed, designed, and/or
`sold by Yahoo prior to July 17, 1998 including, but not limited to, Yahoo.com, Sbc.Yahoo.com
`in conjunction with Prodigy Communications, and/or Geocities.
`
`All Documents and things relating to the design, implementation, and/or
`6.
`functionality of any system used to select Advertisement based on Demographic Information
`developed, designed, and/or sold by Yahoo prior to July 17, 1998 including, but not limited to,
`Yahoo.com, Sbc.Yahoo.com in conjunction with Prodigy Communications, and/or Geocities.
`
`All Documents and things relating to the design, implementation, and/or
`7.
`functionality of any system used to acquire Usage Information developed, designed, and/or sold
`by Yahoo prior to July 17, 1998 including, but not limited to, Yahoo.com, Sbc.Yahoo.com in
`conjunction with Prodigy Communications, and/or Geocities.
`
`All Documents and things relating to the design, implementation, and/or
`8.
`functionality of any system used to associate Usage Information with Demographic Information
`developed, designed, and/or sold by Yahoo prior to July 17, 1998 including, but not limited to,
`Yahoo.com, Sbc.Yahoo.com in conjunction with Prodigy Communications, and/or Geocities.
`
`All Documents and things relating to the date the systems identified in response to
`9.
`Request Nos. 1 and 4-8 herein were first made, used, sold, and/or offered for sale.
`
`AMECURRENT 7067912521 19-Jun-13 18:22
`
`

`
`Case 2:12-cv-02830-JPM-tmp Document 55 Filed 08/23/13 Page 12 of 67 PageID 614
`Case 2:12—cv—O2830—JPM—tmp Document 55 Filed 08/23/13 Page 12 of 67 Page|D 614
`
`All Documents and things relating to the marketing, business, procurement,
`10.
`strategic, sales, and/or operating plans relating to the systems identified in response to Request
`Nos. 1 and 4-8 herein.
`
`All Documents and things relating to All Patents regarding the systems identified
`11.
`in response to Request Nos. 1 and 4-8 herein.
`
`All Documents and things relating to the conception, reduction to practice, and
`12.
`diligence towards reduction to practice of the subject matter of Patents identified in response to
`Request No. 11 herein.
`
`All Documents and things relating to Prior Art to the ‘290 and/or ’314 Patents
`13.
`and/or the Patents identified in response to Request No. 11 herein.
`
`All Documents and things relating to Prior Art searches regarding the ‘290 Patent
`14.
`and/or ’3 14 Patent and/or the Patents identified in response to Request No. 11 herein.
`
`AMECURRENT 7067912521 19-Jun-13 18:22
`
`

`
`Case 2:12-cv-02830-JPM-tmp Document 55 Filed 08/23/13 Page 13 of 67 PageID 615
`Case 2:12—cv—O2830—JPM—tmp Document 55 Filed 08/23/13 Page 13 of 67 Page|D 615
`
`ATTACHMENT 2
`
`

`
`Case 2:12-cv-02830-JPM-tmp Document 55 Filed 08/23/13 Page 14 of 67 PageID 616
`Case 2:12—cv—O2830—JPM—tmp Document 55 Filed 08/23/13 Page 14 of 67 Page|D 616
`
`A0 88A (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action
`
`
`UNITED STATES DISTRICT COURT
`for the
`
`Central District of California
`
`
`
`~_I
`
`H
`
`_
`
`B.E. Technology, L.L.C.
`Plaintifi’
`v.
`Google Inc.
`
`Defendant
`
`)
`)
`)
`)
`)
`)
`
`Civil Action No. 2:12-cv-02830-JMP—tmp
`
`(If the action is pending in another district. state where:
`Western District of Tennessee
`
`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
`
`T
`
`0, Yahoo! Inc.
`' c/o CT Corporation System, 818 Seventh St.. Los Angeles, CA 90017
`
`UTestz'mony: 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 that is not a party in this case, 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:
`See Exhibit A
`
`P1“°°= Mayer Brown LLP, 350 South Grand Ave., 25th Floor
`Los Angeles, CA 90071
`
`Dam and Tim“
`
`09/16/2013 9:00 am
`
`
`
`The deposition will be recorded by this method: stenographically and by video
`
`D Production: You, or your representatives, must also bring with you to the deposition the following documents,
`electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the
`material:
`‘
`‘
`
`
`
`The provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule
`45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are
`attached.
`
`Date:
`
`08/21/2013
`
`CLERK OF COURT
`
`OR
`
`s
`
`5
`
`
`
`AttornSignature ofClerk or Deputy Clerk ’s signature
`
`
`
`Google Inc.
`The name, address, e-mail, and telephone number of the attorney representing (name ofparty)
`, who issues or requests this subpoena, are:
`
`Saqib Siddiqui, Mayer Brown LLP
`1999 K Street, NW, Washington, DC 20006 (202) 263-3167, ssiddiqui@mayerbrown.com
`
`
`
`

`
`Case 2:12-cv-02830-JPM-tmp Document 55 Filed 08/23/13 Page 15 of 67 PageID 617
`Case 2:12—cv—O2830—JPM—tmp Document 55 Filed 08/23/13 Page 15 of 67 Page|D 617
`
`A0 88A (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action (Page 2)
`
`Civil Action No. 2: 12-cv—02830-JMP-tmp
`
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`PROOF OF SERVICE
`
`This subpoena for (name of individual and title, ifany)
`
`was received by me on (date)
`
`(‘J I served the subpoena by delivering a copy to the named individual as follows:
`
`III
`
`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 fees for one day’s attendance, and the mileage allowed by law, in the amount of
`
`it
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`000
`
`I declare under penalty of perjury that this information is true.
`
`Server ’s signature
`
`Printed name and title
`
`Server ’s address
`
`Additional information regarding attempted service, etc:
`
`

`
`Case 2:12-cv-02830-JPM-tmp Document 55 Filed 08/23/13 Page 16 of 67 PageID 618
`Case 2:12—cv—O2830—JPM—tmp Document 55 Filed 08/23/13 Page 16 of 67 Page|D 618
`
`A0 88A (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action (Page 3)
`
`Federal Rule of Civil Procedure 45 (c), (cl), and (e) (Effective 12/1/07)
`
`(c) Protecting a Person Subject to a Subpoena.
`(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 issuing court 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 issuing court 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 issuing court must
`quash or modify a subpoena that:
`(i) fails to allow a reasonable time to comply;
`(ii) requires a person who is neither a party nor a party’s officer
`to travel more than 100 miles from where that person resides, is
`employed, or regularly transacts business in person —- except that,
`subject to Rule 45(c)(3)(B)(iii), the person may be commanded to
`attend a trial by traveling from any such place within the state where
`the trial is held;
`(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 issuing court may, on motion, quash or modify the
`subpoena if it requires:
`(i) disclosing a trade secret or other confidential research,
`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) Specifi/ing 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.
`
`(d) 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
`Farm. 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 of electronically stored
`information from sources that the person identifies as not reasonably
`accessible because of undue burden or cost. On motion to compel
`discovery or for a protective order, the person responding must show
`that the information is not reasonably accessible because of undue
`burden or cost. If that showing is made, the court may nonetheless
`order discovery from such sources if the requesting party shows
`good cause, considering the limitations of Rule 26(b)(2)(C). The
`court may specify conditions for the discovery.
`(2) Claiming Privilege or Protection.
`(A) Information Withheld. A person withholding subpoenaed
`information under a claim that it is privileged or subject to
`protection as trial-preparation material must:
`(i) expressly make the claim; and
`(ii) describe the nature of the withheld documents,
`communications, or tangible things in a manner that, without
`revealing information itself privileged or protected, will enable the
`parties to assess the claim.
`(B) Information Produced. If information produced in response to a
`subpoena is subject to a claim of privilege or of protection as trial-
`preparation material, the person making the claim may notify any
`party that received the infonnation of the claim and the basis for it.
`After being notified, a party must promptly return, sequester, or
`destroy the specified information and any copies it has; must not use
`or disclose the information until the claim is resolved; must take
`reasonable steps to retrieve the information if the party disclosed it
`before being notified; and may promptly present the information to
`the court under seal for a determination of the claim. The person
`who produced the information must preserve