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Case 1:07-md-01848-GMS

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ATTACHMENT A DEFINITIONS AND INSTRUCTIONS 1. "Zhone", "You" and "Your" refer to Zhone Technologies, Inc., collectively and

individually, including all predecessors, successors, subsidiaries (such as Paradyne), parents, sisters, partnerships and affiliates thereof, and all directors, officers, agents, employees, attorneys and other persons acting on their behalf. 2. "Paradyne" refers to any Paradyne entity including without limitation Paradyne

Corporation, AT&T Paradyne, Paradyne Acquisition Corp., Paradyne Networks, Inc. and Zhone, collectively and individually, including all predecessors, successors, subsidiaries, parents, sisters, partnerships and affiliates thereof, and all directors, officers, agents, employees, attorneys and other persons acting on their behalf. 3. "Inventors" refers to any of the named inventors on any of the Patents-in-Suit or

related patents or patent applications, including Joseph B. King, Wayne T. Moore, Robert Earl Scott, Gideon Hecht, Kurt Ervin Holmquist, Donald C. Snoll, Joseph Chapman, William L. Betts, or James J. DesRosiers. 4. "Patents-in-Suit" mean the following patents at issue in this litigation: U.S.

Patent No. 4,937,819 ("the '819 patent"); U.S. Patent No. 5,008,903 ("the '903 patent"); U.S. Patent No. 5,710,761 ("the '761 patent"); U.S. Patent No. 5,719,858 ("the '858 patent"); U.S. Patent No. 5,778,234 ("the '234 patent"); U.S. Patent No. 5,852,631 ("the '631 patent"); U.S. Patent No. 6,131,159 ("the '159 patent"); U.S. Patent No. 6,960,444 ("the '444 patent"). 5. "Related patents or patent applications" means any U.S. or foreign patent or

patent application that either (i) stems from or claims priority to the Patents-in-Suit, (ii) describes subject matter claimed or described in the Patents-in-Suit, or (iii) claims any subject matter in the Patents-in-Suit. "Related patents or patent applications" specifically includes, but is not limited

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to Aband. App. 08/149,348, Aband. App. 09/031,226, CA 2 093 042, EP 0 569 178, Prov. App. 60/022,474, Prov. App. 60/026,970, U.S. Pat. No. 5,751,796 (App No. 08/781,787), U.S. Pat. No. 5,796,808 (App. No. 08/781,067), U.S. Pat. No. 5,787,363 (App No. 08/780,238), WO 97/49193, WO 97/49229, WO 97/49230, WO 97/49228, Prov. App. 60/039,265, U.S. Pat. No. 6,580,785 (App. No. 09/032,671), U.S. Pat. No. 7,020,266 (App. No. 10/269,209), Pend. App. 11/086,063 (U.S. Pub 2005/0163303), Pend. App. 11/690,807, Prov. App. 60/128,064, U.S. Pat. No. 6,922,415 (App. No. 09/537,609), Prov. App. 60/038,324, JP 2002 513532, EP 0 983 691 (WO98 38813), Prov. App. 60/150,436, Pend. App. 10/179,544 (U.S. Pub. 2002/0167949), Pend. App. 11/076,737 (U.S. Pub. 2005/0152404), and any foreign counterparts thereof. 6. The "MDL Litigation" means and includes the Multi-District Litigation In re:

Rembrandt Technologies LP Patent Litigation, C.A. No. 07-1848-GMS (D. Del.), and the lawsuits consolidated therein, including the following: Rembrandt Technologies LP v. Cablevision Systems Corporation et al., 06-cv-00635-GMS; Coxcom Inc. v. Rembrandt Technologies LP, 06-cv-00721-GMS; Rembrandt Technologies LP v. CBS Corporation, 06-cv00727-GMS; Rembrandt Technologies LP v. NBC Universal Inc., 06-cv-00729-GMS; Rembrandt Technologies LP v. ABC Inc., 06-cv- 00730-GMS; Rembrandt Technologies LP v. Fox Entertainment Group Inc. et al., 06-cv-00731-GMS; Rembrandt Technologies LP v. Adelphia Communications Corporation et al., 07-cv-00396-GMS; Rembrandt Technologies LP v. Adelphia Communications Corp., 07-cv-00397-GMS; Rembrandt Technologies LP v. Comcast Corporation et al., 07-cv-00398-GMS; Rembrandt Technologies LP v. Sharp Corporation et al., 07-cv-00399-GMS; Rembrandt Technologies LP v. Charter Communications Inc. et al., 07-cv00400-GMS; Rembrandt Technologies LP v. Time Warner Cable Inc. et al., 07-cv-00401-GMS; Rembrandt Technologies LP v. Time Warner Cable Inc., 07-cv-00402-GMS; Rembrandt

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Technologies LP v. Comcast Corporation et al., 07-cv-00403-GMS; Rembrandt Technologies LP v. Charter Communications Inc. et al., 07-cv- 00404-GMS; Rembrandt Technologies LP v. Adelphia Communications Corp. et al., Bky. Advy. No. 06-01739; Rembrandt Technologies LP v. Adelphia Communications Corp., C.A. No. 07-cv-00214-WHP; Rembrandt Technologies LP v. Comcast Corp. et al., 05-cv- 00443-TJW-CE; Rembrandt Technologies LP v. Sharp Corp. et al., 06-cv-00047-TJW-CE; Rembrandt Technologies LP v. Charter Communications Inc. et al., 06-cv-00223-TJW-CE; Rembrandt Technologies LP v. Time Warner Cable Inc., 06-cv-00224TJW-CE; Rembrandt Technologies LP v. Time Warner Cable Inc., 06-cv-00369-TJW-CE; Rembrandt Technologies LP v. Comcast Corp. et al., 06-cv-00506-TJW-CE; and Rembrandt Technologies LP v. Charter Communications Inc. et al., 06-cv-00507-TJW-CE, as well as Motorola, Inc. et al. v. Rembrandt Technologies LP, et al., 07-cv-752-GMS. 7. "Paradyne Patents" refers to any patent that was issued to or applied for by or on

behalf of any Paradyne entity including without limitation Paradyne Corporation, AT&T Paradyne, or Paradyne Networks, Inc., or issued to or applied for by or on behalf of any inventor named on any of the Patents-in-Suit. 8. "Assignee" or "the assignees" refers to any alleged assignee of the Patents-in-Suit

or any Related patents or patent applications, including, but not limited to Paradyne, Rembrandt, AT&T Paradyne, or Lucent Technologies, Inc. 9. "Prosecuting Attorney" shall refer to any counsel involved in the application or

prosecution of a Patent-in-Suit, related patent or patent application, or Paradyne Patent. 10. "Document" shall have the meaning accorded by Rule 34(a) of the Federal Rules

of Civil Procedure including, but not limited to all of the matters defined in Rule 1001 of the Federal Rules of Evidence, any written, printed, typed, recorded, magnetic, punched, copied,

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graphic, or other tangible thing in which information may be embodied, translated, conveyed, or stored. If a draft document has been prepared in several copies that are not identical, or if the original identical copies are no longer identical due to subsequent notation, each non-identical document is a separate document. 11. "Concerning" means pertaining to, relating to, referring to, regarding,

representing, embodying, illustrating, describing, evidencing, discussing, mentioning or constituting. 12. "Communication" is used in a comprehensive sense, and means any instance in

which any person has had contact with any other person by oral or written utterance, question, comment, inquiry, notation, or statement of any nature whatsoever, including but not limited to writings, documents, conversations, dialogues, discussions, interviews, consultations, agreements, and understandings. 13. As used herein, "and" and "or" shall be construed either conjunctively or

disjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside of its scope. 14. Where appropriate, the singular form of a word should be interpreted in the plural

and vice versa, to acquire the broadest possible meaning. 15. If any document relating to the subject matter of this subpoena has been

destroyed, describe the content of said document, the last location of said document, the date of its destruction and the name of the person or entity that ordered or authorized its destruction. 16. If you have knowledge of any document, tangible object, or other thing that is

responsive to any document category, but has been destroyed or is no longer in existence, identify and describe with particularity the document, tangible object, or thing destroyed, where

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it was destroyed, who possessed it prior to its destruction, who destroyed it, what the contents of the document, tangible object or thing were prior to its destruction, and why, how and when it was destroyed. 17. In the event that responsive documents have been stored in archives or other

storage locations, provide a list or index that identifies the original custodian of the documents, the storage location, the date upon which the documents were moved to a storage location, who authorized the storage of the documents, and why the documents were removed to storage. 18. If you withhold any document on the basis of privilege, describe the redacted or

withheld document in a privilege log in sufficient detail so as to permit the Equipment Vendors to evaluate, and the Court to adjudicate, the merits of the privilege claim. DOCUMENT REQUESTS DOCUMENT RETENTION & DESTRUCTION 1. Document storage sheets, such as those produced at Zhone-MDL-1-1629, for any

Paradyne documents that were discarded, shredded, destroyed or otherwise disposed of (see, e.g., 7/17/08 letter of C.J. Seitz to John Shaw, "As Zhone indicated in its objections to the subpoena, it originally inherited thousands of boxes from Paradyne. I have been advised, however, that since the acquisition, Zhone has destroyed various boxes as part of its normal and regular business."). 2. All documents describing or referring to any Paradyne documents that were

discarded, shredded, destroyed or otherwise disposed of (see, e.g., 7/17/08 letter of C.J. Seitz to John Shaw, "As Zhone indicated in its objections to the subpoena, it originally inherited thousands of boxes from Paradyne. I have been advised, however, that since the acquisition, Zhone has destroyed various boxes as part of its normal and regular business.").

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3.

All documents referring or relating to the discarding, shredding, destruction or

other disposition of Paradyne documents (see, e.g., 7/17/08 letter of C.J. Seitz to John Shaw, "As Zhone indicated in its objections to the subpoena, it originally inherited thousands of boxes from Paradyne. I have been advised, however, that since the acquisition, Zhone has destroyed various boxes as part of its normal and regular business."), including without limitation invoices for any company to perform such disposition of the documents, and any communications relating to such disposition of the documents. 4. All communications referring or relating to the discarding, shredding, destruction

or other disposition of Paradyne documents (see, e.g., 7/17/08 letter of C.J. Seitz to John Shaw, "As Zhone indicated in its objections to the subpoena, it originally inherited thousands of boxes from Paradyne. I have been advised, however, that since the acquisition, Zhone has destroyed various boxes as part of its normal and regular business.") 5. All documents referring or relating to any access to or inspection of the Paradyne

documents "inherited" by Zhone (see, e.g., 7/17/08 letter of C.J. Seitz to John Shaw, "As Zhone indicated in its objections to the subpoena, it originally inherited thousands of boxes from Paradyne. I have been advised, however, that since the acquisition, Zhone has destroyed various boxes as part of its normal and regular business.") 6. Any instructions provided regarding the retention (or non-retention) of Paradyne's

documents, including without limitation instructions provided for retention of documents relating to the Patents-in-Suit or Related patents or patent applications, including without limitation documents relating to the offer for sale, sale, use, manufacture, or importation of any products that may practice any of the claims of the Patents-in-Suit (e.g., agreements, contracts, invoices, purchasing records, A/R records, order records, accounting/tax records, etc.), inventor

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notebooks, invention disclosures, or other files relating to any conception or reduction to practice of the Patents-in-Suit or any testing for the same, agreements, contracts or invoices relating to the offer for sale, sale, use, manufacture, or importation of any products that may practice any of the claims of the Patents-in-Suit or Related patents or patent applications, documents relating to the affixation of any number of any Patent-in-Suit to any product, documents relating to knowledge of any materials that may comprise prior art, documents relating to the success or lack thereof of any products relevant to the Patents-in-Suit, technical documents sufficient to understand the operation of any product that may practice the claims of the Patents-in-Suit, documents relating to any acquisition or licensing or offers to license or acquire the Patents-inSuit or Related patents or patent applications, documents relating to the application and prosecution of the Patents-in-Suit or Related patents or patent applications, and any other documents that may lead to the discovery of admissible evidence. 7. All documents discussing, describing, referring, or relating to the destruction of

Paradyne business, company or employee information (see, e.g., 7/17/08 letter of C.J. Seitz to John Shaw, "As Zhone indicated in its objections to the subpoena, it originally inherited thousands of boxes from Paradyne. I have been advised, however, that since the acquisition, Zhone has destroyed various boxes as part of its normal and regular business."), including without limitation any documents describing who possessed the information prior to destruction, where the information was stored prior to destruction, where the information was destroyed, when the information was destroyed, who authorized the destruction of the information, who knew about the destruction of the information, how the information was destroyed, why the information was destroyed, and the identification of any company or individual(s) hired to destroy or move Paradyne information.

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8.

All documents discussing, describing, referring, or relating to the storage of

Paradyne business, company or employee information (see, e.g., 7/17/08 letter of C.J. Seitz to John Shaw, "As Zhone indicated in its objections to the subpoena, it originally inherited thousands of boxes from Paradyne. I have been advised, however, that since the acquisition, Zhone has destroyed various boxes as part of its normal and regular business."), including without limitation documents describing who authorized the storage of the information, where the information is and has been stored, how the information is and has been stored, when the information was stored, why the information was stored, how information was selected for storage, any preservation instructions, and any inventory control sheets or other documents describing or identifying the contents of the stored information.

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