Free Notice (Other) - District Court of Delaware - Delaware

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ATTACHMENT A DEFINITIONS AND INSTRUCTIONS 1. "Rembrandt" means Rembrandt Technologies, LP, Rembrandt Technologies, LLC

d/b/a Remstream, and all predecessors, successors, subsidiaries, 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., Zhone Technologies, Inc. (hereafter "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. "Globespan" means GlobeSpan, Inc., GlobeSpan Semiconductor, Inc., and

GlobeSpanVirata, Inc., 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. 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. "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. 7. "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. 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.

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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, 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. "DOCSIS" shall mean any Data-Over-Cable Service Interface Specification(s),

including but not limited to DOCSIS 1.0, DOCSIS 1.1, and DOCSIS 2.0. 14. "Related Action" means 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: 06-cv-00635-GMS, Rembrandt Technologies LP v. Cablevision Systems Corporation et al.; 06-cv-00721-GMS, Coxcom Inc. v. Rembrandt Technologies LP; 06-cv-00727-GMS, Rembrandt Technologies LP v. CBS Corporation; 06-cv00729-GMS, Rembrandt Technologies LP v. NBC Universal Inc.; 06-cv-00730-GMS, Rembrandt Technologies LP v. ABC Inc.; 06-cv-00731-GMS, Rembrandt Technologies LP v.

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Fox Entertainment Group Inc. et al; 07-cv-00396-GMS, Rembrandt Technologies LP v. Adelphia Communications Corporation et al; 07-cv-00397-GMS, Rembrandt Technologies LP v. Adelphia Commications Corp.; 07-cv-00398-GMS, Rembrandt Technologies LP v. Comcast Corporation et al; 07-cv-00399-GMS, Rembrandt Technologies LP v. Sharp Corporation et al; 07-cv-00400-GMS, Rembrandt Technologies LP v. Charter Communications Inc. et al; 07-cv00401-GMS, Rembrandt Technologies LP v. Time Warner Cable Inc. et al; 07-cv-00402-GMS, Rembrandt Technologies LP v. Time Warner Cable Inc.; 07-cv-00403-GMS, Rembrandt Technologies LP v. Comcast Corporation et al; and 07-cv-00404-GMS, Rembrandt Technologies LP v. Charter Communications Inc. et al. 15. 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. 16. Where appropriate, the singular form of a word should be interpreted in the plural

and vice versa, to acquire the broadest possible meaning. 17. 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. DOCUMENT REQUESTS PATENT & PATENT PROSECUTION 1. All documents discussing, describing, referring, or relating to the patents-in-suit,

any related patents or patent applications, or to the same or similar subject matter as the subject matter disclosed in the patents-in-suit.

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2.

All documents discussing, describing, referring, or relating to the preparation,

filing, or prosecution of the patents-in-suit or any related patents or patent applications, including, but not limited to invention disclosure information, technical descriptions, prior art, publications, non-identical drafts of patent applications, abandoned applications (e.g., Application No. 08/149,348) prosecution file histories of the patents-in-suit, prosecution file histories of related patents or patent applications, communications with inventors or experts, and any communications with any agent, attorney, firm, foreign patent office or the U.S. Patent and Trademark Office ("USPTO"). 3. Documents sufficient to identify all persons who assisted in any aspect of the

preparation, filing, or prosecution of the patents-in-suit or any related patents or patent applications. 4. All documents discussing, describing, referring, or relating to any Paradyne

Patents, including without limitation any abandoned application. 5. All documents concerning the preparation, filing, or prosecution of any Paradyne

Patent, including, but not limited to invention disclosure information, technical descriptions, prior art, publications, non-identical drafts of patent applications, abandoned applications, prosecution file histories, communications with inventors or experts, and any communications with any agent, attorney, firm, foreign patent office or the U.S. Patent and Trademark Office ("USPTO"). 6. All documents referring to or concerning any patent applications filed by or

patents issued to any of the Inventors. 7. All documents evidencing, describing, concerning, or referring to the preparation,

filing, or prosecution of any patents or patent applications naming one or more of the Inventors,

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including, but not limited to invention disclosure information, technical descriptions, prior art, publications, non-identical drafts of patent applications, abandoned applications, prosecution file histories, and any communications with any agent, attorney, firm, foreign patent office or the U.S. Patent and Trademark Office ("USPTO"). 8. All documents and materials concerning inventorship of any invention allegedly

disclosed or claimed by the patents-in-suit or by any related patents or patent applications, including, but not limited to documents sufficient to identify all persons who assisted in any aspect of the research, development, manufacture, testing, marketing, sale, or licensing of the alleged invention(s), and documents sufficient to identify all materials suppliers for any embodiment of the alleged invention(s). 9. All actual or potential prior art known, cited, referenced, considered, or discussed

during or in prosecution of the patents-in-suit or any related patents or patent applications, whether or not first cited or found by the assignee(s), the named inventors, counsel, agent(s), any patent office or any other person or entity. 10. All documents provided to any Prosecuting Attorney or Inventor by anyone prior

to or during the preparation and prosecution of the patents-in-suit or any related patents or patent applications in connection with such preparation and prosecution, including, without limitation notes, laboratory notebooks, sketches, memoranda, articles, technical reports, technical journals, and technical specifications. 11. All documents and materials concerning the conception of the alleged

invention(s) of the patents-in-suit or of related patents or patent applications, the best mode of practicing such alleged invention(s), the reduction to practice of such alleged invention(s), and any improvements to such alleged invention(s), including, but not limited to inventor records,

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notebooks, physical embodiments of all or part of such alleged invention(s), and all devices, apparatus or software purchased or built by the inventors for the purpose of researching, developing, or reducing to practice such alleged invention(s). 12. All documents concerning any actual or constructive reduction to practice of the

alleged invention(s) of the patents-in-suit or of any related patents or patent applications, including but not limited to documents relating to research, development, manufacture, testing, marketing, or sale of the alleged invention(s). 13. All documents concerning any costs associated with the conception, reduction-to-

practice, or research and development of the alleged invention(s), including, but not limited to receipts for supplies. 14. All documents concerning, describing, or evidencing when the inventors, the

assignees, their counsel, or anyone subject to the duty of candor before the USPTO learned of any potential or actual prior art to the patents-in-suit or to any related patents or patent applications. 15. All documents and materials comprising, concerning or referring to any search for

prior art to the patents-in-suit or any related patents or patent applications. 16. All documents comprising, concerning or referring to potential or actual prior art

to the patents-in-suit or to any related patents or patent applications, even if you dispute that the material constitutes or discloses prior art, including, but not limited to art cited during prosecution of the patents-in-suit, art cited during the prosecution of any related patents or patent applications, and art disclosed by any third parties (including in any litigation involving the patents-in-suit or in licensing discussions).

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17.

All documents that allegedly support any contention that the alleged invention(s)

of the patents-in-suit are not obvious under 35 U.S.C. § 103, including, but not limited to documents that allegedly relate to or evidence secondary considerations of non-obviousness such as commercial success, long-felt need, copying by others, prior failure by others, licensing by others, or unexpected results. 18. All documents referring to or concerning any litigation or other proceeding

involving the patents-in-suit or any related patents or patent applications, including, but not limited to all pleadings, motions, exhibits, orders, depositions or other testimony, hearing transcripts, written discovery responses or initial disclosures, document productions, correspondence, settlement agreements, consent decrees, or any other materials from prior litigations. 19. All documents and other materials provided to any Prosecuting Attorney by the

inventors, any assignee, or their counsel relating to this litigation or to any of the patents-in-suit or any related patent or patent application or to any Paradyne Patent. 20. All documents and other materials provided by any Prosecuting Attorney to the

inventors, any assignee, or their counsel relating to this litigation or to any of the patents-in-suit or any related patent or patent application or to any Paradyne Patent. 21. All documents concerning the level of ordinary skill in the art of the alleged

invention(s) of the patents-in-suit. 22. All documents concerning the interpretation or construction of any of the claim

terms in the patents-in-suit.

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COMMERCIALIZATION & PRIOR ART 23. All documents concerning any disclosure by anyone to anyone of the alleged

invention(s) of the patents-in-suit or of related patents or patent applications, including, but not limited to any disclosure of the alleged invention(s) by the assignee(s) or the named inventors to each other or to any third party. 24. All documents concerning any sale, offer for sale, importation, public use, or

public disclosure of any activity, product, process, or method that may embody any of the claims or disclosures of the patents-in-suit or of related patents or patent applications. 25. All documents concerning the first sale, offer for sale, importation, public use, or

public disclosure of any activity, product, process, or method that may embody any of the claims or disclosures of the patents-in-suit or of related patents or patent applications. 26. All documents referring or relating to any products marketed or sold by any

assignee of the patents-in-suit or of related patents or patent applications that relates to any activity, product, process, or method that may embody any of the claims or disclosures of the patents-in-suit or of related patents or patent applications. 27. All documents concerning trade shows, manuals, articles, books, patents,

publications, or any other reference materials relating to the subject matter described, shown or claimed in the patents-in-suit or any related patents or patent applications or any products relating to those patents or applications. 28. All documents referring or relating to any products that compete with any product

marketed or sold by any assignee that relates to any activity, product, process, or method that

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may embody any of the claims or disclosures of the patents-in-suit or of related patents or patent applications. 29. All documents referring or relating to the following products: (1) Enhanced

Throughput Cellular or ETC (including ETC1 and ETC2); (2) AT&T KeepInTouch; (3) FrameSaver; (4) Accucom products; (5) Compshere products; (6) 3400, 3800 and 3900 series products; (7) I-Marc 9000 Series products; (8) Eclipse products. 30. All documents and materials concerning any strategies, plans, or expectations

(whether of the assignees of the patents-in-suit or of related patents or patent applications, the inventors, licensing counsel, or otherwise) with respect to the subject matter disclosed or claimed by the patents-in-suit or by any related patents or patent applications, including without limitation any plans to commercialize, sell, license, or otherwise derive business or revenues from the patents-in-suit or from any related patents or applications. PATENT OWNERSHIP & LICENSING 31. All documents concerning the ownership of the patents-in-suit or any related

patents or patent applications, including, but not limited to all documents relating to assignments, acquisitions, liens, licenses, auctions, sales, or other transfers of rights by or to any entity or person. 32. All documents concerning any license, proposed license, assignment, proposed

assignment, sale, proposed sale, covenant not to sue, right of first refusal or any other actual or proposed transfer or extension of rights in or to the patents-in-suit or any related patents or patent applications. 33. All documents concerning a reasonable royalty for licensing one or more of the

patents-in-suit or any related patents or patent applications.

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34.

All documents concerning any settlement, covenant not to sue, consent decree,

judgment or other resolution of any litigation (actual or potential) involving the patents-in-suit or any related patents or patent applications. 35. All documents concerning any products that have been licensed or for which any

covenant not to sue has been extended under the patents-in-suit or under any related patents or patent applications. 36. All documents referring or relating to the actual or potential enforcement of the

patents-in-suit or any related patents or patent applications. 37. All documents comprising, concerning or referring to communications or

agreements involving Paradyne, Lucent Technologies, Inc., Texas Pacific Group, Globespan, Rembrandt, and/or Zhone relating to the patents-in-suit or related patents and patent applications or to Paradyne Patents. 38. All documents referring or relating to the development of any standards that refer,

relate to or concern any of the patents-in-suit or related patents or patent applications. CABLE & OTHER ISSUES 39. All Rembrandt, Paradyne, Globespan, Zhone, Inventor or Prosecuting Attorney

documents referring or relating to cable modems or cable modem terminating systems. 40. All documents referring or relating to the development of any standards relating

to cable modems or cable modem terminating systems. 41. All documents referring to or concerning the relationship, or absence thereof,

between any version of DOCSIS and any of the patents-in-suit. 42. All documents concerning any alleged infringement (whether direct, contributory

or by inducement) of the patents-in-suit or any related patents.

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43.

All documents concerning comparisons between the patents-in-suit or any related

patents or patent applications to anything else including any activity, product, process, method, prior art, patent, or publication. 44. All documents concerning any contention by any person or party, including

without limitation any third party, named inventor, prosecuting counsel, prior art search firm, or any other person or party, that any of the patents-in-suit or any related patent or patent application is valid or invalid, enforceable or unenforceable, or infringed or not infringed. 45. All documents comprising, concerning or referring to any opinions, evaluations,

advice, or analyses concerning the validity or invalidity, enforceability or unenforceability, infringement or noninfringement, or scope of the claims of the patents-in-suit or of any related patents or patent applications, and all documents reviewed in the formation of such opinions, evaluations, advice, or analyses. 46. All documents comprising, concerning or referring to any assertion that any claim

of the patents-in-suit is valid or invalid, enforceable or unenforceable, or infringed or not infringed.

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FURTHER AGREEMENTS & COMMUNICATIONS 47. All documents comprising or referring or relating to any agreements including the

Inventors or the Prosecuting Attorneys relating to this litigation or to any of the patents-in-suit or any related patent or patent application or any Paradyne Patent. 48. All documents comprising or referring or relating to any communications with the

Inventors or the Prosecuting Attorneys relating to this litigation or to any of the patents-in-suit or any related patent or patent application or to any Paradyne Patent. 49. 50. All communications with or between the Inventors. All documents concerning communications regarding the patents-in-suit, any

related patents or patent applications or the same or similar subject matter as that disclosed in the patents-in-suit, including, but not limited to internal communications or communications with third parties (including without limitation communications with the USPTO, any foreign patent office, or any assignee). FURTHER BUSINESS DOCUMENTS 51. All documents and things referring or relating to the business of Rembrandt,

including without limitations all documents and things referring or relating to any intellectual property licensing, acquisition or enforcement agreements, strategies or plans or to any agreements, strategies or plans to supply products or enter agreements with others to supply products implementing any intellectual property. 52. 53. product. All documents and things referring or relating to Rembrandt. All documents and things referring or relating to Remstream or any Remstream

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54.

Documents sufficient to identify policies and procedures of any assignee for

generating, maintaining, and disposing of documents, including, but not limited to policies and procedures relating to patent applications, patent prosecution files, and any scientific or technical references related to such patent prosecution files. DUE DILIGENCE AND VALUATIONS 55. All documents that reflect, discuss, describe, evidence or concern the actual,

potential, or possible value, if any, of any of the patents-in-suit or any related patents or patent applications and all documents that were used in, created for, or created during due diligence in any transaction (including by way of illustration but not limitation, any actual or proposed stock sale, asset sale, merger, spin-off, acquisition, divestiture, purchase, assignment, sale, bid, auction, covenant not to sue, license or any other potential or actual transaction) involving Paradyne, any transaction involving any patents-in-suit, or any transaction involving related patents or patent application. 56. All offering memoranda and other documents created in connection with any

transaction involving Paradyne (including by way of illustration but not limitation, any actual or proposed stock sale, asset sale, merger, spin-off, acquisition, divestiture, purchase, assignment, sale, bid, auction, covenant not to sue, license or any other potential or actual transaction) that reflects, discusses, describes, evidences, or concerns any valuation of Paradyne, any patent-insuit, or any related patent or patent application. 57. All communications discussing, concerning, reflecting, or describing any due

diligence activities involving any patent-in-suit or any related patent or patent application.

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58.

All documents created, used in, reflecting, discussing, or covering any due

diligence activities in connection with Paradyne, any patent-in-suit, or any related patent or patent application. 59. Documents sufficient to show identify all financial, legal, or other advisors

representing any party involved in any transaction (including by way of illustration but not limitation, any actual or proposed stock sale, asset sale, merger, spin-off, acquisition, divestiture, purchase, assignment, sale, bid, auction, covenant not to sue, license or any other potential or actual transaction) including Paradyne, any patent-in-suit, or any related patent or patent application. 60. All documents concerning the actual or proposed transfer, sale, securitization,

monetization, acquisition or licensing of any patent-in-suit. 61. All documents and things describing, evidencing, discussing, referring to or

relating to any review or inspection of the Paradyne Patents, any agreements relating to the Paradyne Patents or any communications relating to the Paradyne Patents. 62. All minutes of any board of directors that discuss, evidence or describe the actual

or possible value of any patent-in-suit or any related patent or patent application. 63. All documents presented to or provided to any board of directors that discuss,

evidence or describe the actual or possible value of any patent-in-suit or any related patent or patent application. PREVIOUSLY-SUBPOENAED DOCUMENTS 64. Action. All documents requested pursuant to any previously-served subpoena in a Related

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ATTACHMENT A DEFINITIONS AND INSTRUCTIONS 1. "Rembrandt" means Rembrandt Technologies, LP, Rembrandt Technologies, LLC

d/b/a Remstream, and all predecessors, successors, subsidiaries, 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., Zhone Technologies, Inc. (hereafter "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. "Globespan" means GlobeSpan, Inc., GlobeSpan Semiconductor, Inc., and

GlobeSpanVirata, Inc., 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. 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. "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. 7. "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. 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.

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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, 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. "DOCSIS" shall mean any Data-Over-Cable Service Interface Specification(s),

including but not limited to DOCSIS 1.0, DOCSIS 1.1, and DOCSIS 2.0. 14. "Related Action" means 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: 06-cv-00635-GMS, Rembrandt Technologies LP v. Cablevision Systems Corporation et al.; 06-cv-00721-GMS, Coxcom Inc. v. Rembrandt Technologies LP; 06-cv-00727-GMS, Rembrandt Technologies LP v. CBS Corporation; 06-cv00729-GMS, Rembrandt Technologies LP v. NBC Universal Inc.; 06-cv-00730-GMS, Rembrandt Technologies LP v. ABC Inc.; 06-cv-00731-GMS, Rembrandt Technologies LP v.

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Fox Entertainment Group Inc. et al; 07-cv-00396-GMS, Rembrandt Technologies LP v. Adelphia Communications Corporation et al; 07-cv-00397-GMS, Rembrandt Technologies LP v. Adelphia Commications Corp.; 07-cv-00398-GMS, Rembrandt Technologies LP v. Comcast Corporation et al; 07-cv-00399-GMS, Rembrandt Technologies LP v. Sharp Corporation et al; 07-cv-00400-GMS, Rembrandt Technologies LP v. Charter Communications Inc. et al; 07-cv00401-GMS, Rembrandt Technologies LP v. Time Warner Cable Inc. et al; 07-cv-00402-GMS, Rembrandt Technologies LP v. Time Warner Cable Inc.; 07-cv-00403-GMS, Rembrandt Technologies LP v. Comcast Corporation et al; and 07-cv-00404-GMS, Rembrandt Technologies LP v. Charter Communications Inc. et al. 15. 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. 16. Where appropriate, the singular form of a word should be interpreted in the plural

and vice versa, to acquire the broadest possible meaning. 17. 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. DOCUMENT REQUESTS PATENT & PATENT PROSECUTION 1. All documents discussing, describing, referring, or relating to the patents-in-suit,

any related patents or patent applications, or to the same or similar subject matter as the subject matter disclosed in the patents-in-suit.

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2.

All documents discussing, describing, referring, or relating to the preparation,

filing, or prosecution of the patents-in-suit or any related patents or patent applications, including, but not limited to invention disclosure information, technical descriptions, prior art, publications, non-identical drafts of patent applications, abandoned applications (e.g., Application No. 08/149,348) prosecution file histories of the patents-in-suit, prosecution file histories of related patents or patent applications, communications with inventors or experts, and any communications with any agent, attorney, firm, foreign patent office or the U.S. Patent and Trademark Office ("USPTO"). 3. Documents sufficient to identify all persons who assisted in any aspect of the

preparation, filing, or prosecution of the patents-in-suit or any related patents or patent applications. 4. All documents discussing, describing, referring, or relating to any Paradyne

Patents, including without limitation any abandoned application. 5. All documents concerning the preparation, filing, or prosecution of any Paradyne

Patent, including, but not limited to invention disclosure information, technical descriptions, prior art, publications, non-identical drafts of patent applications, abandoned applications, prosecution file histories, communications with inventors or experts, and any communications with any agent, attorney, firm, foreign patent office or the U.S. Patent and Trademark Office ("USPTO"). 6. All documents referring to or concerning any patent applications filed by or

patents issued to any of the Inventors. 7. All documents evidencing, describing, concerning, or referring to the preparation,

filing, or prosecution of any patents or patent applications naming one or more of the Inventors,

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including, but not limited to invention disclosure information, technical descriptions, prior art, publications, non-identical drafts of patent applications, abandoned applications, prosecution file histories, and any communications with any agent, attorney, firm, foreign patent office or the U.S. Patent and Trademark Office ("USPTO"). 8. All documents and materials concerning inventorship of any invention allegedly

disclosed or claimed by the patents-in-suit or by any related patents or patent applications, including, but not limited to documents sufficient to identify all persons who assisted in any aspect of the research, development, manufacture, testing, marketing, sale, or licensing of the alleged invention(s), and documents sufficient to identify all materials suppliers for any embodiment of the alleged invention(s). 9. All actual or potential prior art known, cited, referenced, considered, or discussed

during or in prosecution of the patents-in-suit or any related patents or patent applications, whether or not first cited or found by the assignee(s), the named inventors, counsel, agent(s), any patent office or any other person or entity. 10. All documents provided to any Prosecuting Attorney or Inventor by anyone prior

to or during the preparation and prosecution of the patents-in-suit or any related patents or patent applications in connection with such preparation and prosecution, including, without limitation notes, laboratory notebooks, sketches, memoranda, articles, technical reports, technical journals, and technical specifications. 11. All documents and materials concerning the conception of the alleged

invention(s) of the patents-in-suit or of related patents or patent applications, the best mode of practicing such alleged invention(s), the reduction to practice of such alleged invention(s), and any improvements to such alleged invention(s), including, but not limited to inventor records,

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notebooks, physical embodiments of all or part of such alleged invention(s), and all devices, apparatus or software purchased or built by the inventors for the purpose of researching, developing, or reducing to practice such alleged invention(s). 12. All documents concerning any actual or constructive reduction to practice of the

alleged invention(s) of the patents-in-suit or of any related patents or patent applications, including but not limited to documents relating to research, development, manufacture, testing, marketing, or sale of the alleged invention(s). 13. All documents concerning any costs associated with the conception, reduction-to-

practice, or research and development of the alleged invention(s), including, but not limited to receipts for supplies. 14. All documents concerning, describing, or evidencing when the inventors, the

assignees, their counsel, or anyone subject to the duty of candor before the USPTO learned of any potential or actual prior art to the patents-in-suit or to any related patents or patent applications. 15. All documents and materials comprising, concerning or referring to any search for

prior art to the patents-in-suit or any related patents or patent applications. 16. All documents comprising, concerning or referring to potential or actual prior art

to the patents-in-suit or to any related patents or patent applications, even if you dispute that the material constitutes or discloses prior art, including, but not limited to art cited during prosecution of the patents-in-suit, art cited during the prosecution of any related patents or patent applications, and art disclosed by any third parties (including in any litigation involving the patents-in-suit or in licensing discussions).

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17.

All documents that allegedly support any contention that the alleged invention(s)

of the patents-in-suit are not obvious under 35 U.S.C. § 103, including, but not limited to documents that allegedly relate to or evidence secondary considerations of non-obviousness such as commercial success, long-felt need, copying by others, prior failure by others, licensing by others, or unexpected results. 18. All documents referring to or concerning any litigation or other proceeding

involving the patents-in-suit or any related patents or patent applications, including, but not limited to all pleadings, motions, exhibits, orders, depositions or other testimony, hearing transcripts, written discovery responses or initial disclosures, document productions, correspondence, settlement agreements, consent decrees, or any other materials from prior litigations. 19. All documents and other materials provided to any Prosecuting Attorney by the

inventors, any assignee, or their counsel relating to this litigation or to any of the patents-in-suit or any related patent or patent application or to any Paradyne Patent. 20. All documents and other materials provided by any Prosecuting Attorney to the

inventors, any assignee, or their counsel relating to this litigation or to any of the patents-in-suit or any related patent or patent application or to any Paradyne Patent. 21. All documents concerning the level of ordinary skill in the art of the alleged

invention(s) of the patents-in-suit. 22. All documents concerning the interpretation or construction of any of the claim

terms in the patents-in-suit.

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COMMERCIALIZATION & PRIOR ART 23. All documents concerning any disclosure by anyone to anyone of the alleged

invention(s) of the patents-in-suit or of related patents or patent applications, including, but not limited to any disclosure of the alleged invention(s) by the assignee(s) or the named inventors to each other or to any third party. 24. All documents concerning any sale, offer for sale, importation, public use, or

public disclosure of any activity, product, process, or method that may embody any of the claims or disclosures of the patents-in-suit or of related patents or patent applications. 25. All documents concerning the first sale, offer for sale, importation, public use, or

public disclosure of any activity, product, process, or method that may embody any of the claims or disclosures of the patents-in-suit or of related patents or patent applications. 26. All documents referring or relating to any products marketed or sold by any

assignee of the patents-in-suit or of related patents or patent applications that relates to any activity, product, process, or method that may embody any of the claims or disclosures of the patents-in-suit or of related patents or patent applications. 27. All documents concerning trade shows, manuals, articles, books, patents,

publications, or any other reference materials relating to the subject matter described, shown or claimed in the patents-in-suit or any related patents or patent applications or any products relating to those patents or applications. 28. All documents referring or relating to any products that compete with any product

marketed or sold by any assignee that relates to any activity, product, process, or method that

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may embody any of the claims or disclosures of the patents-in-suit or of related patents or patent applications. 29. All documents referring or relating to the following products: (1) Enhanced

Throughput Cellular or ETC (including ETC1 and ETC2); (2) AT&T KeepInTouch; (3) FrameSaver; (4) Accucom products; (5) Compshere products; (6) 3400, 3800 and 3900 series products; (7) I-Marc 9000 Series products; (8) Eclipse products. 30. All documents and materials concerning any strategies, plans, or expectations

(whether of the assignees of the patents-in-suit or of related patents or patent applications, the inventors, licensing counsel, or otherwise) with respect to the subject matter disclosed or claimed by the patents-in-suit or by any related patents or patent applications, including without limitation any plans to commercialize, sell, license, or otherwise derive business or revenues from the patents-in-suit or from any related patents or applications. PATENT OWNERSHIP & LICENSING 31. All documents concerning the ownership of the patents-in-suit or any related

patents or patent applications, including, but not limited to all documents relating to assignments, acquisitions, liens, licenses, auctions, sales, or other transfers of rights by or to any entity or person. 32. All documents concerning any license, proposed license, assignment, proposed

assignment, sale, proposed sale, covenant not to sue, right of first refusal or any other actual or proposed transfer or extension of rights in or to the patents-in-suit or any related patents or patent applications. 33. All documents concerning a reasonable royalty for licensing one or more of the

patents-in-suit or any related patents or patent applications.

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34.

All documents concerning any settlement, covenant not to sue, consent decree,

judgment or other resolution of any litigation (actual or potential) involving the patents-in-suit or any related patents or patent applications. 35. All documents concerning any products that have been licensed or for which any

covenant not to sue has been extended under the patents-in-suit or under any related patents or patent applications. 36. All documents referring or relating to the actual or potential enforcement of the

patents-in-suit or any related patents or patent applications. 37. All documents comprising, concerning or referring to communications or

agreements involving Paradyne, Lucent Technologies, Inc., Texas Pacific Group, Globespan, Rembrandt, and/or Zhone relating to the patents-in-suit or related patents and patent applications or to Paradyne Patents. 38. All documents referring or relating to the development of any standards that refer,

relate to or concern any of the patents-in-suit or related patents or patent applications. CABLE & OTHER ISSUES 39. All Rembrandt, Paradyne, Globespan, Zhone, Inventor or Prosecuting Attorney

documents referring or relating to cable modems or cable modem terminating systems. 40. All documents referring or relating to the development of any standards relating

to cable modems or cable modem terminating systems. 41. All documents referring to or concerning the relationship, or absence thereof,

between any version of DOCSIS and any of the patents-in-suit. 42. All documents concerning any alleged infringement (whether direct, contributory

or by inducement) of the patents-in-suit or any related patents.

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43.

All documents concerning comparisons between the patents-in-suit or any related

patents or patent applications to anything else including any activity, product, process, method, prior art, patent, or publication. 44. All documents concerning any contention by any person or party, including

without limitation any third party, named inventor, prosecuting counsel, prior art search firm, or any other person or party, that any of the patents-in-suit or any related patent or patent application is valid or invalid, enforceable or unenforceable, or infringed or not infringed. 45. All documents comprising, concerning or referring to any opinions, evaluations,

advice, or analyses concerning the validity or invalidity, enforceability or unenforceability, infringement or noninfringement, or scope of the claims of the patents-in-suit or of any related patents or patent applications, and all documents reviewed in the formation of such opinions, evaluations, advice, or analyses. 46. All documents comprising, concerning or referring to any assertion that any claim

of the patents-in-suit is valid or invalid, enforceable or unenforceable, or infringed or not infringed.

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FURTHER AGREEMENTS & COMMUNICATIONS 47. All documents comprising or referring or relating to any agreements including the

Inventors or the Prosecuting Attorneys relating to this litigation or to any of the patents-in-suit or any related patent or patent application or any Paradyne Patent. 48. All documents comprising or referring or relating to any communications with the

Inventors or the Prosecuting Attorneys relating to this litigation or to any of the patents-in-suit or any related patent or patent application or to any Paradyne Patent. 49. 50. All communications with or between the Inventors. All documents concerning communications regarding the patents-in-suit, any

related patents or patent applications or the same or similar subject matter as that disclosed in the patents-in-suit, including, but not limited to internal communications or communications with third parties (including without limitation communications with the USPTO, any foreign patent office, or any assignee). FURTHER BUSINESS DOCUMENTS 51. All documents and things referring or relating to the business of Rembrandt,

including without limitations all documents and things referring or relating to any intellectual property licensing, acquisition or enforcement agreements, strategies or plans or to any agreements, strategies or plans to supply products or enter agreements with others to supply products implementing any intellectual property. 52. 53. product. All documents and things referring or relating to Rembrandt. All documents and things referring or relating to Remstream or any Remstream

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54.

Documents sufficient to identify policies and procedures of any assignee for

generating, maintaining, and disposing of documents, including, but not limited to policies and procedures relating to patent applications, patent prosecution files, and any scientific or technical references related to such patent prosecution files. DUE DILIGENCE AND VALUATIONS 55. All documents that reflect, discuss, describe, evidence or concern the actual,

potential, or possible value, if any, of any of the patents-in-suit or any related patents or patent applications and all documents that were used in, created for, or created during due diligence in any transaction (including by way of illustration but not limitation, any actual or proposed stock sale, asset sale, merger, spin-off, acquisition, divestiture, purchase, assignment, sale, bid, auction, covenant not to sue, license or any other potential or actual transaction) involving Paradyne, any transaction involving any patents-in-suit, or any transaction involving related patents or patent application. 56. All offering memoranda and other documents created in connection with any

transaction involving Paradyne (including by way of illustration but not limitation, any actual or proposed stock sale, asset sale, merger, spin-off, acquisition, divestiture, purchase, assignment, sale, bid, auction, covenant not to sue, license or any other potential or actual transaction) that reflects, discusses, describes, evidences, or concerns any valuation of Paradyne, any patent-insuit, or any related patent or patent application. 57. All communications discussing, concerning, reflecting, or describing any due

diligence activities involving any patent-in-suit or any related patent or patent application.

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58.

All documents created, used in, reflecting, discussing, or covering any due

diligence activities in connection with Paradyne, any patent-in-suit, or any related patent or patent application. 59. Documents sufficient to show identify all financial, legal, or other advisors

representing any party involved in any transaction (including by way of illustration but not limitation, any actual or proposed stock sale, asset sale, merger, spin-off, acquisition, divestiture, purchase, assignment, sale, bid, auction, covenant not to sue, license or any other potential or actual transaction) including Paradyne, any patent-in-suit, or any related patent or patent application. 60. All documents concerning the actual or proposed transfer, sale, securitization,

monetization, acquisition or licensing of any patent-in-suit. 61. All documents and things describing, evidencing, discussing, referring to or

relating to any review or inspection of the Paradyne Patents, any agreements relating to the Paradyne Patents or any communications relating to the Paradyne Patents. 62. All minutes of any board of directors that discuss, evidence or describe the actual

or possible value of any patent-in-suit or any related patent or patent application. 63. All documents presented to or provided to any board of directors that discuss,

evidence or describe the actual or possible value of any patent-in-suit or any related patent or patent application. PREVIOUSLY-SUBPOENAED DOCUMENTS 64. Action. All documents requested pursuant to any previously-served subpoena in a Related

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TAB 3

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ATTACHMENT A DEFINITIONS AND INSTRUCTIONS 1. "Rembrandt" means Rembrandt Technologies, LP, Rembrandt Technologies, LLC

d/b/a Remstream, and all predecessors, successors, subsidiaries, 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., Zhone Technologies, Inc. (hereafter "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. "Globespan" means GlobeSpan, Inc., GlobeSpan Semiconductor, Inc., and

GlobeSpanVirata, Inc., 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. 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. "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. 7. "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. 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.

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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, 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. "DOCSIS" shall mean any Data-Over-Cable Service Interface Specification(s),

including but not limited to DOCSIS 1.0, DOCSIS 1.1, and DOCSIS 2.0. 14. "Related Action" means 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: 06-cv-00635-GMS, Rembrandt Technologies LP v. Cablevision Systems Corporation et al.; 06-cv-00721-GMS, Coxcom Inc. v. Rembrandt Technologies LP; 06-cv-00727-GMS, Rembrandt Technologies LP v. CBS Corporation; 06-cv00729-GMS, Rembrandt Technologies LP v. NBC Universal Inc.; 06-cv-00730-GMS, Rembrandt Technologies LP v. ABC Inc.; 06-cv-00731-GMS, Rembrandt Technologies LP v.

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Fox Entertainment Group Inc. et al; 07-cv-00396-GMS, Rembrandt Technologies LP v. Adelphia Communications Corporation et al; 07-cv-00397-GMS, Rembrandt Technologies LP v. Adelphia Commications Corp.; 07-cv-00398-GMS, Rembrandt Technologies LP v. Comcast Corporation et al; 07-cv-00399-GMS, Rembrandt Technologies LP v. Sharp Corporation et al; 07-cv-00400-GMS, Rembrandt Technologies LP v. Charter Communications Inc. et al; 07-cv00401-GMS, Rembrandt Technologies LP v. Time Warner Cable Inc. et al; 07-cv-00402-GMS, Rembrandt Technologies LP v. Time Warner Cable Inc.; 07-cv-00403-GMS, Rembrandt Technologies LP v. Comcast Corporation et al; and 07-cv-00404-GMS, Rembrandt Technologies LP v. Charter Communications Inc. et al. 15. 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. 16. Where appropriate, the singular form of a word should be interpreted in the plural

and vice versa, to acquire the broadest possible meaning. 17. 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. DOCUMENT REQUESTS PATENT & PATENT PROSECUTION 1. All documents discussing, describing, referring, or relating to the patents-in-suit,

any related patents or patent applications, or to the same or similar subject matter as the subject matter disclosed in the patents-in-suit.

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2.

All documents discussing, describing, referring, or relating to the preparation,

filing, or prosecution of the patents-in-suit or any related patents or patent applications, including, but not limited to invention disclosure information, technical descriptions, prior art, publications, non-identical drafts of patent applications, abandoned applications (e.g., Application No. 08/149,348) prosecution file histories of the patents-in-suit, prosecution file histories of related patents or patent applications, communications with inventors or experts, and any communications with any agent, attorney, firm, foreign patent office or the U.S. Patent and Trademark Office ("USPTO"). 3. Documents sufficient to identify all persons who assisted in any aspect of the

preparation, filing, or prosecution of the patents-in-suit or any related patents or patent applications. 4. All documents discussing, describing, referring, or relating to any Paradyne

Patents, including without limitation any abandoned application. 5. All documents concerning the preparation, filing, or prosecution of any Paradyne

Patent, including, but not limited to invention disclosure information, technical descriptions, prior art, publications, non-identical drafts of patent applications, abandoned applications, prosecution file histories, communications with inventors or experts, and any communications with any agent, attorney, firm, foreign patent office or the U.S. Patent and Trademark Office ("USPTO"). 6. All documents referring to or concerning any patent applications filed by or

patents issued to any of the Inventors. 7. All documents evidencing, describing, concerning, or referring to the preparation,

filing, or prosecution of any patents or patent applications naming one or more of the Inventors,

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including, but not limited to invention disclosure information, technical descriptions, prior art, publications, non-identical drafts of patent applications, abandoned applications, prosecution file histories, and any communications with any agent, attorney, firm, foreign patent office or the U.S. Patent and Trademark Office ("USPTO"). 8. All documents and materials c