Case 1:20-cv-00765-DAE Document 27-4 Filed 03/28/22 Page 1 of 5
`Case 1:20-cv-00765-DAE Document 27-4 Filed 03/28/22 Page 1of5
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`EXHIBIT B
`EXHIBIT B
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`Case 1:20-cv-00765-DAE Document 27-4 Filed 03/28/22 Page 2 of 5
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`From:
`Sent:
`To:
`Subject:
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`AIT American Citizen Services <TaipeiACS@state.gov>
`Wednesday, February 23, 2022 1:06 AM
`Riley, Jim
`RE: Information on letters rogatory
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`This message originated from outside your organization
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`Dear Mr. Riley,
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`According to our record, we did not receive this case from the Department of State. Please make sure that the service
`of process is for a company or entity based in Taiwan (not China or other countries). If yes, then I direct your attention
`to the Department of State website at Service of Process (state.gov) for contact information.
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`Please see below information we provide to inquirer on letters rogatory process and AIT’s roles, for your reference.
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` “
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` Once the State Department receive the request for letters rogatory, in this case, service of process, as well as the court
`documents and payment -- the letters rogatory will be transmitted by diplomatic pouch to the American Institute in
`Taiwan (AIT). AIT forwards the case to the Taiwan Council for U.S. Affairs (TCUSA) of Taiwan’s Ministry of Foreign
`Affairs. TCUSA then forward the case to the Taiwan courts, where they will serve the paper to the
`company/entity/individual. Proof of service goes back through the same channels to the Department of State who
`sends it back to the U.S. courts or the lawyers. The whole process usually takes several months.
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`The documents have to be translated into Chinese (the request for judicial assistance, summons, and
`complaints). Please have the check addressed to “American Institute in Taiwan’ when you send it, along with the legal
`documentation, to the Department of State. The check for $2275 (for one company served, if you have a case but three
`company/individual with different address to be served, then it’s 3 checks for $2275) covers the cost of both the Dept.
`and AIT’s involvement in the process . “
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`Regards,
`
`American Citizen Services
`Consular Section
`American Institute in Taiwan/Taipei
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`JL
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`From: Riley, Jim <jriley@orrick.com>
`Sent: Wednesday, February 23, 2022 3:17 AM
`To: AIT American Citizen Services <TaipeiACS@state.gov>
`Subject: Information on letters rogatory
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`Hi,
`
`I’m not sure if this is something you can help me with, but, if not, I would appreciate it if you have any
`suggestions on who I should contact. I don’t see a contact person or department at the State Department, but
`this email was listed as a contact. Opposing counsel in our case filed the attached declaration saying they had
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`Case 1:20-cv-00765-DAE Document 27-4 Filed 03/28/22 Page 3 of 5
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`initiated the process for service via letters rogatory on November 2, 2020 and received confirmation that it had
`been received by the Department of State four days later. Is there any way to tell if the State Department did
`actually receive the letters rogatory and, if so, the current status of the letters in Taiwan?
`
`Thank you.
`Jim Riley
`
`
`Jim Riley
`Senior Research Specialist
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`
`
`Orrick
`Los Angeles
`T +1-213-612-2134
`jriley@orrick.com
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`NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you
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`Case 1:20-cv-00765-LY Document 14-1 Filed 01/14/22 Page 2 of 3Case 1:20-cv-00765-DAE Document 27-4 Filed 03/28/22 Page 4 of 5
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
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`BANDSPEED, LLC,
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`Plaintiff,
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`v.
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`REALTEK SEMICONDUCTOR
`CORPORATION,
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`Defendant.
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`§
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`Case No. 1:20-cv-00765-LY
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`DECLARATION OF ADAM G. PRICE IN SUPPORT OF PLAINTIFF’S
`MOTION FOR LEAVE TO EFFECT ALTERNATIVE SERVICE ON DEFENDANT
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`I, Adam G. Price, hereby state and declare as follows:
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`I am a partner in the law firm of DiNovo Price LLP and am counsel of record for Plaintiff
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`Bandspeed, LLC (“Plaintiff” or “Bandpseed”) in this action. I have personal knowledge of the
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`matters set forth in this declaration and, if called upon as a witness, would testify competently
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`thereto.
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`1. On September 10, 2020 I received a phone call from Claudia Frost during which she
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`informed me of her representation of Defendant Realtek Semiconductor Corporation
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`(“Defendant” or “Realtek”) in this matter.
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`2. During the same phone call, Mrs. Frost also indicated that Defendant will only accept
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`service effected via Letters Rogatory.
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`3. Plaintiff filed a Motion for Issuance of Request for International Judicial Assistance on
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`September 14, 2020 that was later granted by the Court on September 17, 2020. (Docs. 8
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`and 12.) Our firm, on behalf of Plaintiff, initiated the process for service via letters rogatory
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`through the United States Department of State on November 2, 2020 and received
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`Case 1:20-cv-00765-LY Document 14-1 Filed 01/14/22 Page 3 of 3Case 1:20-cv-00765-DAE Document 27-4 Filed 03/28/22 Page 5 of 5
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`confirmation that the letters rogatory package had been received by the Department of State
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`on November 6, 2020. Upon information and belief, the process of service by letters
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`rogatory is still underway as of the date of this declaration.
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`I declare under penalty of perjury under the laws of the United States of America that the
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`foregoing is true and correct. Executed on January 14, 2022, at Austin, Texas.
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`/s/ Adam G. Price
`Adam G. Price
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