Case 6:21-cv-00569-ADA Document 95-3 Filed 10/12/22 Page 1 of 9
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`Exhibit C
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`Case 6:21-cv-00569-ADA Document 95-3 Filed 10/12/22 Page 2 of 9
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`TOUCHSTREAM TECHNOLOGIES, INC.,
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`GOOGLE LLC,
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`Defendant.
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`Plaintiff,
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`v.
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`§
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`Civil Case No. 6:21-cv-569-ADA
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`JURY TRIAL DEMANDED
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`APPOINTMENT OF COMMISSIONERS UNDER THE HAGUE CONVENTION AND
`REQUEST FOR JUDICIAL ASSISTANCE – PERMISSION TO TAKE EVIDENCE BY A
`COMMISSIONER UNDER ARTICLE 17 HAGUE EVIDENCE CONVENTION 1970 TO
`THE CANTONAL COURT OF ZURICH, COURT ADMINISTRATION,
`INTERNATIONAL JUDICIAL ASSISTANCE, FOR THE REQUEST FOR JUDICIAL
`ASSISTANCE IN CIVIL MATTERS WITH COPY TO THE FEDERAL OFFICE OF
`JUSTICE (FOJ), CENTRAL AUTHORITY FOR THE REQUEST FOR JUDICIAL
`ASSISTANCE IN CIVIL AND COMMERCIAL MATTERS:
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`The United States District Court for the Western District of Texas presents its compliments
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`to the Federal Office of Justice and has the honor of requesting its assistance in obtaining evidence
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`to be used in a civil proceeding now pending before this Court in the above-captioned matter,
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`specifically by permitting commissioners appointed by this Court to take evidence under Article 17
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`of the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or
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`Commercial Matters (“Hague Convention”).
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`It appears to this Court that Mr. Janos Levai, whose professional address is Google
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`Switzerland GmbH, Gustav-Gull-Platz 1, CH-8004 Zurich, Switzerland, is a witness in this action
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`and therefore has evidence relevant to this action. It is necessary for the purposes of justice and for
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`the due determination of the matters in question between the parties that Mr. Levai be examined at
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`the Swiss offices of Quinn Emanuel at Dufourstrasse 29, 8008 Zurich, Switzerland or, if required,
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`Case 6:21-cv-00569-ADA Document 95-3 Filed 10/12/22 Page 3 of 9
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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 of Zurich, 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, therefore, respectfully requests your assistance pursuant to the Hague
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`Convention in obtaining the oral deposition testimony of Mr. Janos Levai under the terms set forth
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`in this Letter of Request:
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`I. SUMMARY OF 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,
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`800 Franklin Avenue, Room 301, Waco, Texas 76701, United States of America. The United States
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`District Court for the Western District of Texas is 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 GmbH as a Staff Product Manager,
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`but 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 95-3 Filed 10/12/22 Page 4 of 9
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`to its representatives at +1 (650) 739-3900, or emailed at the following email addresses:
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`tglanier@jonesday.com, emclean@jonesday.com, edwingarcia@jonesday.com, 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 faxed to 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
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`8,904,289 (the “’289 patent”) (collectively, the “Patents-in-Suit”) under the patent laws of the United
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`States, 35 U.S.C. § 1 et. seq.
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`4.
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`Google has notified Touchstream of its 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 Chapter II of the Hague Convention.
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`II. EVIDENCE REQUESTED
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`5.
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`Google has satisfied this Court that Mr. Janos Levai has material information related
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`to this pending action for use at trial, and that justice cannot be completely done between the parties
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`without his 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 95-3 Filed 10/12/22 Page 5 of 9
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`matter. Mr. Janos Levai, who is a resident of Switzerland, has been apprised of his rights under
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`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 not limited 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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`8.
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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 documents related to and produced in 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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`This Court is satisfied that the testamentary evidence is relevant to the pending
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`proceeding and is likely to be used at trial 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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`evidence at trial.
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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. 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. It is requested that the testamentary evidence be given at some time
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`agreeable to all involved in October 2022 or November 2022.
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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 Emanuel at Dufourstrasse 29, 8008
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`Zurich, Switzerland, and admitted to practice as an attorney in Switzerland. In case Mr. Buff will
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`Case 6:21-cv-00569-ADA Document 95-3 Filed 10/12/22 Page 6 of 9
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`to be unable to perform any of his 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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`which is also admitted to practice as an attorney in Switzerland. 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 same to 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 agent of service 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 Emanuel at 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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`11.
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`The U.S. counsel of the parties, which the Court, upon request of Google, hereby also
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`appoints as commissioners are the following:
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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 & BACON L.L.P., 2555 Grand Boulevard, Kansas City, MO 64108.
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`b.
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`Case 6:21-cv-00569-ADA Document 95-3 Filed 10/12/22 Page 7 of 9
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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 be present to take and record a verbatim transcript of all
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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 belonging to the information technology departments of 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 Zurich or, 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 department of the 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, it 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 you are about to provide is the truth, the whole truth, 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 of the 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 as possible thereafter.
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`Case 6:21-cv-00569-ADA Document 95-3 Filed 10/12/22 Page 8 of 9
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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 under oath or affirmation at
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`the remote deposition at some time agreeable to all involved in October or November 2022 and that
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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 of your approval of this Court’s request and of all relevant
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`dates and times determined by you for the production of the 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
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`the necessary application for authorization with you and act as the agent of service in Switzerland
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`for any and all communication from you in this respect. As mentioned above, Mr. Olivier Buff’s
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`professional address in Switzerland for purpose of your communications is: Dufourstrasse 29, 8008
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`Zurich, Switzerland.
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`17.
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`This Court expresses its 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 of its highest
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`consideration.
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`This Letter of Request is signed and sealed by Order of the Court made on the 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 95-3 Filed 10/12/22 Page 9 of 9
`Case 6:21-cv-00569-ADA Document 95-3 Filed 10/12/22 Page 9 of 9
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`SIGNED: _____________________
`SIGNED:
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`_________________________________
`HON. ALAN D. ALBRIGHT
`HON. ALAN D. ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`UNITED STATES DISTRICT JUDGE
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