Case 2:17-cv-00514-JRG Document 132-2 Filed 01/29/19 Page 1 of 8 PageID #: 9472
`Case 2:17-cv-00514-JRG Document 132-2 Filed 01/29/19 Page 1 of 8 PageID #: 9472
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`EXHIBIT A
`EXHIBIT A
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`Case 2:17-cv-00514-JRG Document 132-2 Filed 01/29/19 Page 2 of 8 PageID #: 9473
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`AGIS SOFTWARE DEVELOPMENT, LLC,
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`Plaintiff,
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`Case No. 2:17-cv-514-JRG
`(LEAD CASE)
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`JURY TRIAL DEMANDED
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`v.
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`HTC COPORATION,
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`Defendant.
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`§
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`NOTICE OF SUBPOENAS TO GOOGLE LLC
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`PLEASE TAKE NOTICE THAT, pursuant to Rules 30, 34 and 45 of the Federal Rules of
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`Civil Procedure, Plaintiff AGIS Software Development, LLC, by and through its undersigned
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`counsel, hereby gives notice that the attached deposition and document subpoenas will be served
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`on the following:
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`Google LLC, 11600 Amphitheatre Parkway, Mountain View, CA 94043.
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`c/o
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`Corporation Service Company, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833
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`Dated: August 29, 2018
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`Respectfully submitted,
`BROWN RUDNICK LLP
` /s/Daniel J Shea
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: afabricant@brownrudnick.com
`Lawrence C. Drucker
`NY Bar No. 2303089
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`Case 2:17-cv-00514-JRG Document 132-2 Filed 01/29/19 Page 3 of 8 PageID #: 9474
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`Email: ldrucker@brownrudnick.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@brownrudnick.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@brownrudnick.com
`Joseph Mercadante
`NY Bar No. 4784930
`Email: jmercadante@brownrudnick.com
`Alessandra C. Messing
`NY Bar No. 5040019
`Email: amessing@brownrudnick.com
`John A. Rubino
`NY Bar No. 5020797
`Email: jrubino@brownrudnick.com
`Enrique W. Iturralde
`NY Bar No. 5526280
`Email: eiturralde@brownrudnick.com
`BROWN RUDNICK LLP
`7 Times Square
`New York, NY 10036
`Telephone: 212-209-4800
`Facsimile: 212-209-4801
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`Samuel F. Baxter
`Texas State Bar No. 01938000
`sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas State Bar No. 24012906
`jtruelove@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`ATTORNEYS FOR PLAINTIFF, AGIS
`SOFTWARE DEVELOPMENT LLC
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`2
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`Case 2:17-cv-00514-JRG Document 132-2 Filed 01/29/19 Page 4 of 8 PageID #: 9475
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`CERTIFICATE OF SERVICE
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`I hereby certify that on August 29, 2018, a true and correct copy of the above and
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`foregoing document has been served by email on all counsel of record.
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`/s/ Daniel Shea
` Daniel Shea
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`Case 2:17-cv-00514-JRG Document 132-2 Filed 01/29/19 Page 5 of 8 PageID #: 9476
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
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`UNITED STATES DISTRICT COURT
`for the
` Eastern District of Texas
`__________ District of __________
`AGIS SOFTWARE DEVELOPMENT, LLC,
`Plaintiff
`v.
`!
`HTC CORPORATION
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`Civil Action No.
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`2:17-CV-0514-JRG
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`))))))
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`Defendant
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`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`Google LLC, 11600 Amphitheatre Parkway, Mountain View, CA 94043!
`c/o Corporation Service Company, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833
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`To:
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`(Name of person to whom this subpoena is directed)
`✔
`’ Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
` SEE ATTACHMENT A ANNEXED HERETO
`material:
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`Place:
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`McKool Smith, P.C.
`255 Shoreline Drive, Suite 510
`Redwood Shores, CA 94065
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`Date and Time:
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`09/13/2018 9:00 am
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`’ Inspection of Premises: 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.
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`Place:
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`Date and Time:
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`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.
`08/29/2018
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`Date:
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`CLERK OF COURT
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`Signature of Clerk or Deputy Clerk
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`OR
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`/s/Daniel Shea
`Attorney’s signature
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`Plaintiff,
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`AGIS SOFTWARE DEVELOPMENT, LLC,
`, who issues or requests this subpoena, are:
`Brown Rudnick LLP by Daniel Shea, Seven Times Square, New York, NY 10036 (212) 209-4800
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things or the
`inspection of premises 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).
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`Case 2:17-cv-00514-JRG Document 132-2 Filed 01/29/19 Page 6 of 8 PageID #: 9477
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`to interpret or understand the contents.
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`DOCUMENTS TO BE PRODUCED
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`1.
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`Documents and communications sufficient to show the number of users that have
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`utilized the Android Applications and the number of transactions between each user and each
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`Google Server since 2011.
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`2.
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`Documents and communications sufficient to show the number of downloads of
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`each Android Application by a user or customer onto the Android Devices.
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`3.
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`Documents and communications sufficient to show the number of Android
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`Devices on which the Android Applications are installed prior to sale.
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`Case 2:17-cv-00514-JRG Document 132-2 Filed 01/29/19 Page 7 of 8 PageID #: 9478
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`4.
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`Documents and communications sufficient to show all consideration furnished to
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`date to Defendants and their Affiliates for providing and making available the Android
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`Applications on the Android Devices.
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`5.
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`Documents and communications sufficient to show any consideration to be
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`furnished to Defendants and their Affiliates through September 20, 2024 for providing the
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`Android Applications on the Android Devices.
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`6.
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`Documents and communications sufficient to show all compliance and
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`certification requirements that Google mandates for the Android Applications.
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`7.
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`All agreements between Google and Defendants and their Affiliates relating to
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`Google Mobile Services and the Android Applications.
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`8.
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`Source code for Google Maps, including source code related to (i) the location
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`sharing feature of Google Maps; (ii) the ability to pin a location or drop a pin in Google Maps;
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`and (iii) the ability to share locations and pin drops with other users, including the capability to
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`send a message or link to another user.
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`9.
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`Documents sufficient to show the structure, operation, design, development,
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`functionality, features, testing, and manufacture for those portions of Google Maps that relate to
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`(i) the location sharing feature of Google Maps; (ii) the ability to pin a location or drop a pin in
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`Google maps; and (iii) the ability to share locations and pin drops with other users, including the
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`capability to send a message or link to another user.
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`10.
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`Source code for Find My Device and Android Device Manager, including source
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`code related to (i) an Android Device sign-on using an associated Google Identifier and any
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`messages, including push notifications, sent to other Android Devices that relate to sign-on of
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`another Android Device; (ii) displaying the location and status of Android Devices associated
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`with the Google Identifier; (iii) communicating changes in location and status of Android Devices
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`associated with the Google Identifier; and (iv) communicating or transmitting the Google
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`Identifier during the use of Find My Device and Android Device Manager.
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`9
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`Case 2:17-cv-00514-JRG Document 132-2 Filed 01/29/19 Page 8 of 8 PageID #: 9479
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`11.
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`Documents sufficient to show the structure, operation, design, development,
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`functionality, features, testing, and manufacture for those portions of Find My Device and
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`Android Device Manager that relate to (i) an Android Device sign-on using an associated Google
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`Identifier and any messages, including push notifications, sent to other Android Devices that
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`relate to sign-on of another Android Device, (ii) displaying the location and status of Android
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`Devices associated with the Google Identifier, (iii) communicating changes in location and status
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`of Android Devices associated with the Google identifier, and (iv) communicating and/or
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`transmitting the Google identifier during the use of Find My Device and Android Device
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`Manager.
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`12.
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`Source code for Google Maps, including source code that relates to messages,
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`push notifications and any other communications sent or received by Android Devices related to
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`location sharing.
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`13.
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`Documents sufficient to show the structure, operation, contents, and functionality
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`of messages, push notifications and any other communications sent or received by Android
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`Devices related to location sharing.
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`14.
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`Documents sufficient to show the communication protocols used with Android
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`Applications between one or more Google Servers and/or one or more other Android Devices.
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`15.
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`Source code for Google Servers sufficient to show the operation of the “lock
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`mode” functionality of Find My Device and Android Device Manager.
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`10
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