Case 6:21-cv-00569-ADA Document 102-2 Filed 10/31/22 Page 1 of 8
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`CLERK, U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
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`BY: ________________________________
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`FILED
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`DEPUTY
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`October 31, 2022
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`CV
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`Case 6:21-cv-00569-ADA Document 102-2 Filed 10/31/22 Page 2 of 8.
`Case 6:21-cv-00569-ADA Document 102-2 Filed 10/31/22 Page 2 of 8
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`at another location in the canton of Zurich, Switzerland, under oath or affirmation. Given that the
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`deposition would take place in the canton of Zurich, Switzerland, the competent authority for the
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`granting of this request is the High Court of the Canton ofZurich, International Judicial Assistance,
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`Hirschengraben 13/15, 8021 Zurich, Switzerland. As is customary, a copy of the present Letter of
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`Request is sent to the Federal Office of Justice, Central Authority for the Request for Judicial
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`Assistance in Civil and Commercial Matters, Bundesrain 20, 3003 Bern, Switzerland.
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`This Court,
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`therefore,
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`respectfully requests your assistance pursuant
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`to the Hague
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`Convention in obtaining the oral deposition testimony of Mr. Janos Levai underthe terms set forth
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`in this Letter of Request:
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`I. SUMMARYOF ACTION
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`1.
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`The above-captioned actions are properly under the jurisdiction of and are now
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`pending before the United States District Court for the Western District of Texas, Waco Division,
`800 Franklin Avenue, Room 301, Waco, Texas 76701, United States of America. The United States
`District Court for the WesternDistrict ofTexasis fully sanctioned as a court of law and equity and
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`is authorized by Rule 28(b) of the Federal Rules of Civil Procedure to direct the taking of evidence
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`abroad by Letters of Request.
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`2.
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`The parties to the civil action pending in the United States District Court for the
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`Western District of Texas are as follows:
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`a. Google LLC (“Google”) is a corporation organized and existing under the laws of the
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`State of Delaware, with its headquarters in California, USA. Witness Janos Levai is an
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`individual who is employed by Google Switzerland GmbHas a Staff Product Manager,
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`but
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`is a resident of Switzerland. Google is represented by JONES DAY, 1755
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`Embarcadero Road Palo Alto, CA 94303, USA. Correspondence to Google can be faxed
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`Case 6:21-cv-00569-ADA Document 102-2 Filed 10/31/22 Page 3 of 8
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`to its representatives at +! (650) 739-3900, or emailed at the following email addresses:
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`tglanier@jonesday.com, emclean@jonesday.com, edwingarcia@jonesday.com,
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`and_
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`Google-Touchstream-JD@jonesday.com.
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`b. Touchstream Technologies, Inc. (“Touchstream”)is a corporation organized and existing
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`under the laws of New York, with headquarters in New York, USA. Plaintiffs are
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`represented by SHOOK, HARDY & BACON L.L.P., 2555 Grand Boulevard, Kansas
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`City, MO 64108. Correspondence to Touchstream can be faxedto its representatives at
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`+1 (816) 421-5547 or emailed at the following email addresses: rdykal@shb.com,
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`mgray@shb.com, and slaroque@shb.com.
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`3.
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`In the above-captioned action, Touchstream has sued Google for infringement of
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`United States Patent Nos. 8,356,251 (the “°251 patent”), 8,782,528 (the “’528 patent”), and
`8,904,289 (the “’289 patent”) (collectively, the “Patents-in-Suit”) underthe patent laws ofthe United
`States, 35 U.S.C. § 1 et. seq.
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`4,
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`Google has notified Touchstream ofits intention to conduct the deposition of Mr.
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`Janos Levai, and to present him as a corporate designee on certain topics, who will be located for
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`such deposition in Switzerland,in accordance with ChapterII of the Hague Convention.
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`II. EVIDENCE REQUESTED
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`5.
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`Googlehassatisfied this Court that Mr. Janos Levai has material information related
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`to this pending actionforuseattrial, and that justice cannot be completely done between the parties
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`withouthis testimony.
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`6.
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`Google has requested that this Court issue the present Letter of Request seeking your
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`assistance in obtaining testimony from Mr. Janos Levai. The evidence to be obtained is oral
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`testimony to be taken in Switzerland, and is intended to be used as evidence in the trial for this
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`Case 6:21-cv-00569-ADA Document 102-2 Filed 10/31/22 Page 4 of 8
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`matter. Mr. Janos Levai, who is a resident of Switzerland, has been apprised of his rights under
`Swiss law and has consented to being deposed in Switzerland.
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`7.
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`The Court requests assistance in permitting the commissioners appointed by this
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`Court to take testimony from Mr. Janos Levai, which will be given voluntarily. The topics of
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`- examination may include, but are notlimited to:
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`a.
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`b.
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`c.
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`d.
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`Mr. Janos Levai’s role and duties as an employee of Google.
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`Knowledge of the YouTube Remote application.
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`Knowledge of documentsrelated to and producedin this matter.
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`Any topic for which Mr. Janos Levai is designated by Google pursuant to Federal
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`Rule of Civil Procedure 30(b)(6).
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`8._This Court is satisfied that the testamentary evidence is relevant to the pending
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`proceeding andis likely to be used attrial to assist this Court in resolving the dispute presented in
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`the civil action before it. With the approval of this Court, Google and this Court therefore seek
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`permission to have commissioners take this testamentary evidence for the purpose of using such
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`evidenceattrial.
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`9.
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`It is requested that the testamentary evidence be given in the English language, and
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`on oath or affirmation.
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`It is also hereby requested that the testimony be in the form of recorded
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`deposition testimony upon questions communicated to the witness by U.S. counsel of the parties,
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`acting as commissioners.
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`It is requested that the testamentary evidence be given at sometime
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`agreeableto all involved in October 2022 or November2022.
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`10.
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`The Court hereby appoints Mr. Olivier Buff to serve as commissioner (“the Swiss
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`Commissioner”). Mr. Buff is a lawyer with the law firm Quinn Emanuelat Dufourstrasse 29, 8008
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`Zurich, Switzerland, and admitted to practice as an attorney in Switzerland.
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`In case Mr. Buff will
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`to be unable to perform anyofhis tasks as Swiss Commissioner, including the task to supervise the
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`testimony of Mr. Janos Levai, he will be allowed to delegate the performance of such task(s) to
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`another lawyer with the law firm Quinn Emanuel at Dufourstrasse 29, 8008 Zurich, Switzerland,
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`whichis also admitted to practice as an attorney in Switzerland.
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`In his capacity as commissioner,
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`Mr. Olivier Buff (or any delegate) will complete and oversee the following tasks: liaise with the
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`Swiss authorities, including dispatch/submission of the present Letter of Request to the High Court
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`of the Canton of Zurich, International Judicial Assistance, Hirschengraben 13/15, 8021 Zurich,
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`Switzerland, and of a copy of the sameto the Federal Office of Justice, Central Authority for the
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`Request for Judicial Assistance in Civil and Commercial Matters, Bundesrain 20, 3003 Bern,
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`Switzerland; act as an agentofservice for any communication of the High Court of the Canton of
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`Zurich and/or the Federal Office of Justice to this Court, the parties and Mr. Janos Levai; invite Mr.
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`Janos Levai to the deposition once authorization is granted; verify and confirm the identity of Mr.
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`Janos Levai before testamentary evidence is taken; supervise the testimony of Mr. Janos Levai from
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`the Swiss offices of Quinn Emanuelat Dufourstrasse 29, 8008 Zurich, Switzerland(or, if required,
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`from another location in the canton of Zurich, Switzerland); instruct the witness on his rights and
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`obligations as per Article 21 of the Hague Convention; and ensure that the testimony is conducted
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`in accordance with those rights and obligations.
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`li.
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`The U.S. counselofthe parties, which the Court, upon request ofGoogle, herebyalso
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`appoints as commissioners are the following:
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`a.
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`b.
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`For Google: Greg Lanier, Evan McLean, and Edwin Garcia from JONES DAY, 1755
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`Embarcadero Road Palo Alto, CA 94303, USA.
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`For Touchstream: Ryan Dykal, Michael Gray, and Sam LaRoque from SHOOK,
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`HARDY & BACONL.L.P., 2555 Grand Boulevard, Kansas City, MO 64108.
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`Case 6:21-cv-00569-ADA Document 102-2 Filed 10/31/22 Page 6 of 8
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`12.
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`In addition to the U.S. counsel and commissioners listed above and to the Swiss
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`Commissioner,it is also requested that client representatives for each party be allowed to be present,
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`and that a videographer and a stenographer bepresent to take and record a verbatim transcriptofall
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`testimony and proceedings in the English language and that the transcript of the testimony be
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`authenticated. When necessary, persons belongingto the information technology departmentsof the
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`law firms of U.S. counsel may enter the rooms where U.S. counsel are remotely attending the
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`deposition. U.S. counsel, the party representatives, the videographer, and the stenographer may
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`attend the deposition remotely. The Swiss Commissioner, Mr. Janos Levai, and potentially any of
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`the appointed other commissioners may attend the deposition by videoconference from the same
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`location in Zurichor,if required, may also attend remotely from separate locations in the canton of
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`Zurich, Switzerland. When necessary, persons belonging to the IT departmentofthe Quinn Emanuel
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`law firm where the deposition is held may enter the room where the Swiss Commissioner and/or Mr.
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`Janos Levai are remotely attending the deposition.
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`13.
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`As mentioned,
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`it
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`is requested that the commissioners take Mr. Janos Levai’s
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`testimony in the English language (to which Mr. Levai has agreed) under oath or affirmation, and
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`that the Swiss Commissioner be allowed to administer such oath or request for affirmation on Mr.
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`Janos Levai in accordance with United States law, as follows: “Do you swear or affirm that the
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`testimony youare aboutto provideis the truth, the wholetruth, and nothing but the truth?”
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`14.
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`It is also requested that after giving testimony, Mr. Janos Levai be allowed after
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`completion ofthe transcript to review, submit any errata, and sign the transcript of his testimony,
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`and that the signed, transcribed, and videotaped testimony together with any documents marked as
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`exhibits be transmitted to the parties’ U.S. counsel as soon aspossible thereafter.
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`Case 6:21-cv-00569-ADA Document 102-2 Filed 10/31/22 Page 7 of 8
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`15.
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`Accordingly, it is hereby requested that you grant assistance and authorize the Swiss
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`and U.S. commissioners appointed above to question Mr. Janos Levai underoath or affirmation at
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`the remote deposition at some time agreeable to all involved in October or November 2022 andthat
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`a verbatim transcript and videotape be prepared and be transmitted to the parties’ U.S. counsel for
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`submission and use before this Court.
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`16.
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`It is also requested that you inform the Swiss Commissioner, this Court, and Google
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`through its above-mentioned U.S. counsel ofyour approvalofthis Court’s request andofall relevant
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`dates and times determined by you for the production ofthe aforementioned requested testamentary
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`evidence of Mr. Janos Levai. This Court and U.S. counsel hereby appoint Mr. Olivier Buff to file
`the necessary application forauthorization with you and act as the agent ofservice in Switzerland
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`for any and all communication from you in this respect. As mentioned above, Mr. Olivier Buffs
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`professional address in Switzerland for purpose of your communicationsis: Dufourstrasse 29, 8008
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`Zurich, Switzerland.
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`17.
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`This Court expressesits appreciation to the High Court of the Canton of Zurich and
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`the Federal Office of Justice for its courtesy and assistance in this matter and states that this Court
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`shall be ready and willing to assist the courts of Switzerland in a similar manner when required.
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`This Court is also willing to reimburse (through Google) the competent judicial authorities of
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`Switzerland for any costs incurred in executing this request for judicial assistance. This Court
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`extends to the competent judicial authorities of Switzerland the assurances ofits highest
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`‘consideration.
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`This Letter of Request is signed and sealed by Orderof the Court made onthe date set forth
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`below:
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`IT IS SO ORDERED
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`Case 6:21-cv-00569-ADA Document 102-2 Filed 10/31/22 Page 8 of 8
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` SIGNED:
`(© \2 | Ae
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`HON. ALAN D ALBRIGHT
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`UNITED STATESDISTRICT JUDGE
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`Atruecopy oftheorigins;Iceri.
`Clerk, U6. District Court
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