Case 6:22-cv-01162-ADA Document 107-3 Filed 07/05/24 Page 1 of 13
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`PARKERVISION, INC.,
`
`Plaintiff,
`
`Case No. 6:22-cv-01162-ADA
`
`v.
`
`REALTEK SEMICONDUCTOR CORP.,
`
`Defendant.
`
`NOTICE OF SUBPOENA TO TECHINSIGHTS INC.
`
`PLEASE TAKE NOTICE that pursuant to Rules 45 and 30 of the Federal Rules of Civil
`
`Procedure, Defendant Realtek Semiconductor Corp. served a subpoena upon non-party
`
`TechInsights Inc , as set forth in the Subpoena attached hereto.
`
`PLEASE TAKE FURTHER NOTICE that TechInsights Inc., is requested to produce all
`
`documents and things in its possession, custody, or control requested in Schedule A of the
`
`Subpoena by June 10, 2024 at 9:00 a.m. to Paul Hastings, LLP, 1117 S. California Avenue, Palo
`
`Alto, CA 94304, or alternatively at a mutually agreed upon time and location.
`
`The subpoena further requires TechInsights Inc to identify and designate the most
`
`knowledgeable individual(s) to appear and give deposition testimony on the Topics set forth in
`
`Schedule B, on June 10, 2024 at 9:00 a.m. at Paul Hastings, LLP, 1117 S. California Avenue,
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`Palo Alto, CA 94304, or another date and location on which Defendant and TechInsights Inc.
`
`mutually agree.
`
`

`

`Case 6:22-cv-01162-ADA Document 107-3 Filed 07/05/24 Page 2 of 13
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`Dated: May 13, 2024
`
`Respectfully submitted,
`
`By: /s/ Lisa K. Nguyen
`Lisa K. Nguyen (admitted)
`PAUL HASTINGS LLP
`1117 S. California Avenue
`Palo Alto, CA 94304
`Telephone: (650) 320-1800
`Facsimile: (650) 320-1900
`lisanguyen@paulhastings.com
`
`Grace I. Wang (admitted)
`PAUL HASTINGS LLP
`200 Park Avenue
`New York, NY 10166
`Telephone: (213) 683-6211
`Facsimile: (213) 996-3211
`gracewang@paulhastings.com
`
`Emily Lipka (pro hac vice)
`PAUL HASTINGS LLP
`2050 M Street NW
`Washington, D.C. 20036
`Telephone: (202) 551-1822
`Facsimile: (202) 551-0222
`emilylipka@paulhastings.com
`
`
`
`Counsel For Defendant
`Realtek Semiconductor Corp.
`
`-2-
`
`

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`Case 6:22-cv-01162-ADA Document 107-3 Filed 07/05/24 Page 3 of 13
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`CERTIFICATE OF SERVICE
`
`I hereby certify that all counsel of record are being served on May 13, 2024 with a copy
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`of this document via email.
`
`
`
`/s/ Lisa K. Nguyen
`Lisa K. Nguyen
`
`
`
`-3-
`
`

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`Case 6:22-cv-01162-ADA Document 107-3 Filed 07/05/24 Page 4 of 13
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`AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
` Western District of Texas
`__________ District of __________
`
`Civil Action No.
`
`6:22-CV-01162-ADA
`
`))))))
`
`PARKERVISION, INC.
`Plaintiff
`v.
`REALTEK SEMICONDUCTOR CORP.
`
`Defendant
`
`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
`
`To:
`
`TechInsights Inc., 2025 Gateway Pl., #370, San Jose, CA 95110
`
`(Name of person to whom this subpoena is directed)
`
`Testimony: 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, 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 Schedule B
`
`Place:
`
`Paul Hastings LLP
`1117 S. California Ave.
`Palo Alto, CA 94304
`
`Date and Time:
`
`06/10/2024 9:00 am
`
`The deposition will be recorded by this method:
`
`videographic, stenographic, and real time
`
`Production: You, or your representatives, must also bring with you to the deposition the following documents,
`electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the
`See Schedule A
`material:
`
`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.
`
`Date:
`
`05/09/2024
`
`CLERK OF COURT
`
`Signature of Clerk or Deputy Clerk
`
`OR
`
`/s/ Lisa K. Nguyen
`
`Attorney’s signature
`
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`Realtek Semiconductor Corp.
`, who issues or requests this subpoena, are:
`Lisa K. Nguyen, 1117 S. California Ave., Palo Alto, CA 94304, lisanguyen@paulhastings.com, 650-320-1890
`
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things 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).
`
`

`

`Case 6:22-cv-01162-ADA Document 107-3 Filed 07/05/24 Page 5 of 13
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`AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 2)
`
`Civil Action No.
`
`6:22-CV-01162-ADA
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, if any)
`.
`
`on (date)
`
`I served the subpoena by delivering a copy to the named individual as follows:
`
`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 the 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 $
`
`0.00
`
`.
`
`.
`
`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.:
`
`

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`Case 6:22-cv-01162-ADA Document 107-3 Filed 07/05/24 Page 6 of 13
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`AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 3)
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`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`
`(c) Place of Compliance.
`
` (1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
` (A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
` (B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
` (i) is a party or a party’s officer; or
` (ii) is commanded to attend a trial and would not incur substantial
`expense.
`
` (2) For Other Discovery. A subpoena may command:
` (A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
` (B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
` (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 court for the district where compliance is required 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 court for the district where compliance is required 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 court for the district where
`compliance is required must quash or modify a subpoena that:
`
` (i) fails to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
`(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 court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`
`(i) disclosing a trade secret or other confidential research, development,
`or commercial information; or
`(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.
`(C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(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.
`
`(e) 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 Form. 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 under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`

`

`Case 6:22-cv-01162-ADA Document 107-3 Filed 07/05/24 Page 7 of 13
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`SCHEDULE A
`
`DEFINITIONS
`
`1. The definitions set forth herein have the broadest possible meaning under the Federal
`
`Rules of Civil Procedure.
`
`2. “TechInsights,” “You,” and “Your” refer to TechInsights, Inc. and its parents,
`
`subsidiaries, divisions, affiliates, predecessors, assigns, successors, and acquired assets of
`
`business units, and any of its present or former officers, directors, trustees, employees, agents,
`
`representatives, attorneys, patent agents, and all other persons acting on its behalf.
`
`3. “ParkerVision” refers to ParkerVision, Inc., the Plaintiff in this action, and includes its
`
`parents, subsidiaries, divisions, affiliates, predecessors, assigns, successors, and acquired assets
`
`of business units, and any of its present or former officers, directors, trustees, employees, agents,
`
`representatives, attorneys, patent agents, and all other persons acting on its behalf.
`
`4. “Realtek” refers to Realtek Semiconductor Corporation, the Defendant in this action.
`
`5. The term “Realtek Chips” shall mean any Realtek Wi-Fi or Bluetooth chip including, but
`
`not limited to, RTL8812B, RTL8773, and RTL8763.
`
`6. “Document” is synonymous in meaning and equal in scope to the term “documents or
`
`electronically stored information” in Rule 34 of the Federal Rules of Civil Procedure, and
`
`includes any documents or electronically stored information—including writings, drawings,
`
`graphs, charts, photographs, sound recordings, images, and other data or data compilations—
`
`stored in any medium from which information can be obtained either directly or, if necessary,
`
`after translation by the responding party into a reasonably usable form. A draft Document or a
`
`copy of a Document that is in any way different from the original (including as to any
`
`-1-
`
`

`

`Case 6:22-cv-01162-ADA Document 107-3 Filed 07/05/24 Page 8 of 13
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`handwritten notes, notations, stamps, highlightings, underlinings, interlineations, or any other
`
`markings) is a separate Document within the meaning of this term.
`
`7. “Communication” means every manner or method of the disclosure, transfer, or exchange
`
`of information, whether orally, electronically, or by hard copy, and whether face-to-face or by
`
`telephone, mail, facsimile, email, Internet message, Internet chat, or Internet post, or otherwise.
`
`8. “Relate to,” “relating to,” or “relating,” when used in reference to a particular subject,
`
`shall be construed in the most inclusive sense, and shall be considered a request that You identify
`
`and produce Documents that refer to, discuss, summarize, reflect, constitute, contain, embody,
`
`pertain to, mention, show, comment on, evidence, or in any other manner concern the referenced
`
`subject matter.
`
`9. As used herein, the singular includes the plural and the present tense includes the past
`
`tense.
`
`10. “And/or,” “and,” and “or” shall be construed in the conjunctive or disjunctive, whichever
`
`makes the Request more inclusive.
`
`11. “Any” includes “all;” and “all” includes “any.”
`
`INSTRUCTIONS
`
`
`
`The following instructions are applicable to each discovery request in this Subpoena
`
`unless otherwise explicitly stated:
`
`1.
`
`If any portion of a document or thing is responsive to a request, the entire document or
`
`thing shall be produced, redacting only privileged material if any.
`
`2. You are to produce the original and each non-identical copy of each document or things
`
`requested herein that is in your possession, custody or control.
`
`-2-
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`

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`Case 6:22-cv-01162-ADA Document 107-3 Filed 07/05/24 Page 9 of 13
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`3. Things produced pursuant to these requests shall be produced in their present form and
`
`shall not be changed or modified in any way.
`
`4. In the event that any documents or things called for by these requests or subsequent
`
`requests is to be withheld on the basis of a claim of privilege or immunity from discovery, that
`
`document or thing is to be identified by stating: (a) the author(s), addressee(s) and any indicated
`
`or blind copyee(s); (b) the document's or thing's date, number of pages and attachments or
`
`appendices; (c) the subject matter(s) of the document or thing; (d) the nature of the privilege or
`
`immunity asserted; and (e) any additional facts upon which you would base your claim of
`
`privilege or immunity.
`
`5. If any of the documents or things are considered "confidential" such documents or things
`
`should be produced subject to the terms and provisions of the default protective order in this
`
`case. A copy of the protective order is attached as Exhibit 1.
`
`6. If no documents or things are responsive to a particular request, state that no responsive
`
`documents or things exist.
`
`DOCUMENTS TO BE PRODUCED
`
`1. Agreements between You and ParkerVision relating to Realtek or Realtek Chips.
`
`2. Documents relating to any agreements between You and ParkerVision relating to this
`
`action.
`
`3. Documents relating to Realtek or Realtek Chips.
`
`4. Communications between You and ParkerVision relating to Realtek or Realtek Chips.
`
`5. Any reports, reverse engineering, inspection, testing, evaluation, teardown, analysis of
`
`any Realtek Chip, including the report identified in Exhibit 2.
`
`-3-
`
`

`

`Case 6:22-cv-01162-ADA Document 107-3 Filed 07/05/24 Page 10 of 13
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`6. Drafts of any reports, reverse engineering, inspection, testing, evaluation, teardown, or
`
`analysis of any Realtek Chip, including the report identified in Exhibit 2.
`
`-4-
`
`

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`Case 6:22-cv-01162-ADA Document 107-3 Filed 07/05/24 Page 11 of 13
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`SCHEDULE B
`
`DEFINITIONS
`
`1. The definitions set forth herein have the broadest possible meaning under the Federal
`
`Rules of Civil Procedure.
`
`2. “TechInsights,” “You,” and “Your” refer to TechInsights Inc. and its parents,
`
`subsidiaries, divisions, affiliates, predecessors, assigns, successors, and acquired assets of
`
`business units, and any of its present or former officers, directors, trustees, employees, agents,
`
`representatives, attorneys, patent agents, and all other persons acting on its behalf.
`
`3. “ParkerVision” refers to ParkerVision, Inc., the Plaintiff in this action, and includes its
`
`parents, subsidiaries, divisions, affiliates, predecessors, assigns, successors, and acquired assets
`
`of business units, and any of its present or former officers, directors, trustees, employees, agents,
`
`representatives, attorneys, patent agents, and all other persons acting on its behalf.
`
`4. “Realtek” refers to Realtek Semiconductor Corporation, the Defendant in this action.
`
`5. The term “Realtek Chips” shall mean any Realtek Wi-Fi or Bluetooth chip including, but
`
`not limited to, RTL8812B, RTL8773, and RTL8763.
`
`6. “Relate to,” “relating to,” or “relating,” when used in reference to a particular subject,
`
`shall be construed in the most inclusive sense, and shall be considered a request that You identify
`
`and produce Documents that refer to, discuss, summarize, reflect, constitute, contain, embody,
`
`pertain to, mention, show, comment on, evidence, or in any other manner concern the referenced
`
`subject matter.
`
`7. As used herein, the singular includes the plural and the present tense includes the past
`
`tense.
`
`-5-
`
`

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`Case 6:22-cv-01162-ADA Document 107-3 Filed 07/05/24 Page 12 of 13
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`8. “And/or,” “and,” and “or” shall be construed in the conjunctive or disjunctive, whichever
`
`makes the Request more inclusive.
`
`9. “Any” includes “all;” and “all” includes “any.”
`
`INSTRUCTIONS
`
`1. This Subpoena calls for You to provide testimony on the topics identified below under
`
`the heading “DEPOSITION TOPICS.”
`
`2. Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, You are required to
`
`designate one or more officers, directors, managing agents, or other knowledgeable persons to
`
`testify on Your behalf as to the following topics. You are requested to set forth, at least five (5)
`
`business days prior to the deposition date, each designee and the topics on which the designee
`
`will testify.
`
`3. The deposition will take place upon oral examination before an officer duly authorized by
`
`law to administer oaths and record testimony. Some or all of the deposition testimony may be
`
`recorded by stenography and video. Some or all of the deposition testimony may involve real-
`
`time computer connection between the deposition taker and stenographer using software such as
`
`“LiveNote.”
`
`DEPOSITION TOPICS
`
`1. Agreements between You and ParkerVision relating to Realtek or Realtek Chips.
`
`2. Documents relating to Realtek or Realtek Chips.
`
`3. Communications between You and ParkerVision relating to Realtek or Realtek Chips.
`
`4. Any reports, reverse engineering, inspection, testing, evaluation, teardown, analysis of
`
`any Realtek Chip, including the report identified in Exhibit 2.
`
`-6-
`
`

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`Case 6:22-cv-01162-ADA Document 107-3 Filed 07/05/24 Page 13 of 13
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`5. Drafts of any reports, reverse engineering, inspection, testing, evaluation, teardown, or
`
`analysis of any Realtek Chip, including the report identified in Exhibit 2.
`
`6. The authenticity of the Documents You produce in this action.
`
`-7-
`
`