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

Case 1:06-cv-00788-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PROMOS TECHNOLOGIES, INC., Plaintiff, v. FREESCALE SEMICONDUCTOR, INC., Defendant. ) ) ) ) ) ) ) ) )

C.A. No. 06-788 (JJF)

NOTICE OF SUBPOENAS PLEASE TAKE NOTICE THAT, pursuant to Rule 45 of the Federal Rules of Civil Procedure, defendant Freescale Semiconductor, Inc. is causing or has caused the attached subpoenas for documents and inspection (Tabs 1-6) to be served on the following: Tab 1 2. 3. 4. 5. 6. Person David Carroll David W. Heid B. Noel Kivlin Norman R. Klivans David W. O'Brien Stephen Terrile Date of Production January 18, 2008 January 18, 2008 January 18, 2008 January 18, 2008 January 18, 2008 January 18, 2008

Tab 1 referenced in the subpoenas is the Protective Order (attached hereto as Exhibit A). Tabs 2 and 3 of the subpoenas are U.S. Patents Nos. 5,488,709 and 5,732,241 respectively.

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MORRIS, NICHOLS, ARSHT & TUNNELL LLP /s/ James W. Parrett, Jr. (#4292) Mary B. Graham (#2256) James W. Parrett, Jr. (#4292) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 302.658.9200 Attorneys for Freescale Semiconductor, Inc. OF COUNSEL: David L. Witcoff Kevin P. Ferguson John M. Michalik JONES DAY 77 West Wacker Chicago, IL 60601-1692 312.782.3939 F. Drexel Feeling JONES DAY North Point 901 Lakeside Avenue Cleveland, OH 44114-1190 216.586.3939

Dated: January 7, 2008
1376812

-2-

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CERTIFICATE OF SERVICE I hereby certify that on January 7, 2008, I caused the foregoing to be electronically filed with the Clerk of the Court using CM/ECF which will send electronic notification of such filing to the following: John G. Day, Esquire Steven J. Balick, Esquire ASHBY & GEDDES

Additionally, I hereby certify that true and correct copies of the foregoing were caused to be served on January 7, 2008 on the following individuals in the manner indicated: BY E-MAIL AND HAND DELIVERY John G. Day, Esquire Steven J. Balick, Esquire ASHBY & GEDDES 500 Delaware Avenue, 8th Floor Wilmington, DE 19899 [email protected] [email protected] BY E-MAIL Sten A. Jensen, Esquire HOGAN & HARTSON LLP [email protected] Steven J. Routh, Esquire HOGAN & HARTSON LLP [email protected] William H. Wright, Esquire HOGAN & HARTSON LLP [email protected] William C. Gooding, Esquire GOODING & CRITTENDEN, L.L.P. [email protected]

/s/ James W. Parrett, Jr. (#4292) James W. Parrett, Jr. (#4292)

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TAB 1

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Case 1:06-cv-00788-JJF
AO88 (Rev. 12/06) Subpoena in a Civil Case

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PROOF OF SERVICE
DATE PLACE

SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE

SERVED BY (PRINT NAME)

TITLE

DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct.

Executed on
DATE SIGNATURE OF SERVER

ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Parts (c), (d), and (e), as amended on December 1, 2006:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and reasonable attorney's fee. (2) (A) A person commanded to produce and permit inspection, copying, testing, or sampling of designated electronically stored information, books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection, copying, testing, or sampling may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to producing any or all of the designated materials or inspection of the premises--or to producing electronically stored information in the form or forms requested. If objection is made, the party serving the subpoena shall not be entitled to inspect, copy, test, or sample the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production, inspection, copying, testing, or sampling. Such an order to compel shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection, copying, testing, or sampling commanded. (3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance, (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c) (3) (B) (iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held; (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies; or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified condition. (d) DUTIES IN RESPONDING TO SUBPOENA (1) (A) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand (B) If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must produce the information in a form or forms in which the person ordinarily maintains it or in a form or forms that are reasonably usable. (C) A person responding to a subpoena need not produce the same electronically stored information in more than one form. (D) A person responding to a subpoena 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 to quash, the person from whom discovery is sought must show that the information sought 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 limitation of Rule 16(b)(2)(C). The court may specify conditions for the discovery. (2) (A) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial-preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (B) If information is produced in response to a subpoena that 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, any party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced the information must preserve the information until the claim is resolved. (e) CONTEMPT. Failure of any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued. An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to attend or produce at a place not within the limits provided by clause (ii) of subparagraph (c)(3)(A).

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EXHIBIT A Pursuant to Federal Rule of Civil Procedure 45, David Carroll is required to produce and permit inspection and copying of documents and things in his possession, custody or control that relate to the following categories of document requests according to the following definitions and instructions. The following definitions supplement those contained in the Federal Rules of Civil Procedure, which are incorporated herein by reference. Definitions and Instructions 1. You are requested to produce all documents and things in the following categories that are in your possession, custody or control, in their entirety and without redaction. "Possession, custody or control" shall be construed to the fullest extent provided under Federal Rule of Civil Procedure 45. 2. If any document is withheld based upon a claim of privilege or other protection, provide for each such document: (i) the date of the document, (ii) the names of all authors, (iii) the names of all recipients, (iv) the names of all cc and/or bcc recipients, (v) the type of document, (vi) a description of the document (vii) an identification of the privilege or protection claimed and (viii) a brief explanation of the basis of your claim of privilege or other protection. 3. If, after responding, you obtain or become aware of any further information, documents or things responsive to these document requests, you are required to supplement your production and provide Freescale Semiconductor, Inc. ("Freescale") with such additional information. 4. When a document contains both privileged and non-privileged material, the document must be disclosed to the fullest extent possible without thereby disclosing the privileged material. If a privilege is asserted with regard to part of the material contained in a document, the party claiming the privilege must clearly indicate the portions as to which the privilege is claimed. When a document has been redacted or altered in any fashion, identify as to each document the reason for the redaction or alteration, the date of the redaction or

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alteration, and the person performing the redaction or alteration. Any redaction must be clearly visible on the redacted document. 5. If production of any requested document(s) is objected to on the grounds that production is unduly burdensome, describe the burden or expense of the proposed discovery. 6. Documents produced in response to the requests set forth below may be designated as "CONFIDENTIAL INFORMATION" or "CONFIDENTIAL INFORMATION-OUTSIDE ATTORNEYS' EYES ONLY" subject to the protective order entered by the Court in this Lawsuit. The protective order is attached hereto as Tab 1. 7. 8. Freescale. will reimburse you for reasonable photocopying costs. All words in the conjunctive include the disjunctive and vice versa; words in the singular include the plural and vice versa. Such words should be interpreted to bring within the scope of the discovery request information which might otherwise be construed to be outside its scope. 9. The present tense includes the past and future tenses. The singular includes the plural, and the plural includes the singular. "All" means "any and all." "Any" means "any and all." "Including" means "including but not limited to." "And" and "or" encompass both "and" and "or." Words in the masculine, feminine or neutral form shall include each of the other genders. 10. Concerning: The term "concerning" means relating to, referring to, describing, evidencing or constituting. 11. Communication: The term "communication" means the transmission or exchange of information by any means. 12. Document: "Documents" shall be defined to the broadest extent permitted by law. Without limitation, "document" includes: papers, contracts, notes, memoranda, correspondence, letters, statements, invoices, reports, data, studies, records,

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photographs, diaries, tapes, email and any and all other written, printed, recorded, or other tangible matter in your possession, custody or control, whether in paper or electronic form. 13. Freescale: The term "Freescale" refers to the named defendant Freescale Semiconductor, Inc., its agents, representatives and attorneys. 14. Mosel: The term "Mosel," as used herein, refers to MOS Electronics Corp., MOS Electronics, Inc., or Mosel Electronics. its agents, representatives and attorneys. 15. Vitelic: The term "Vitelic," as used herein, refers to Vitelic Corp. or Vitelic, Inc. its agents, representatives and attorneys. 16. MVC: The term "MVC," as used herein, refers to Mosel Vitelic Corp. its agents, representatives and attorneys. 17. MVI: The term "MVI," as used herein, refers to Mosel Vitelic Inc. its agents, representatives and attorneys. 18. ProMOS: The term "ProMOS," as used herein, refers to ProMOS Technologies, Inc. its agents, representatives and attorneys. 19. Cyr & Associates: The term "Cyr & Associates" refers to the law firm of Cyr & Associates, its agents, representatives and attorneys. 20. David Carroll, you, your: The terms "David Carroll," "you," or "your" refers to David Carroll, his agents, representatives, attorneys, and any company that he is or was affiliated with. 21. Lawsuit: The term "Lawsuit" refers to ProMOS Technologies v. Freescale Semiconductor, Inc., Case No. 1:06-CV-788-JFF, pending in the United States District Court for the District of Delaware, Texarkana Division. 22. '709 Patent: The term "''709 Patent" mean U.S. Patent No. 5,488,709. A copy of the `242 Patent is attached hereto as Tab 2.

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23.

'241 Patent: The term "''241 Patent" mean U.S. Patent No. 5,732,241. A copy of the `242 Patent is attached hereto as Tab 3.

24.

Chan Patents. The term "Chan Patents" means the `709 patent and/or the `242 patent.

25.

Chan. The term "Chan" refers to Alfred K. Chan, named inventor of the Chan Patents.

DOCUMENT REQUESTS Request No. 1: All documents, including but not limited to notes, meeting

minutes, correspondence and laboratory notebooks, concerning the research, design, development or testing of the alleged inventions claimed in the Chan Patents. Request No. 2: All documents concerning conception of each and every

invention claimed in the Chan Patents. Request No. 3: All documents concerning the alleged reduction to practice,

whether actual or constructive, of each and every invention claimed in the Chan Patents. Request No. 4: All documents and things concerning diligence from

conception to reduction to practice for each and every alleged invention claimed in the Chan Patents. Request No. 5: Request No. 6: the Chan Patents. Request No. 7: All documents and things concerning the preparation and All invention disclosure forms concerning the Chan Patents. Samples of any prototypes of the subject matter claimed in

prosecution of the Chan Patents.

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Request No. 8:

All communications concerning the preparation and

prosecution of the Chan Patents. Request No. 9: All communications with Chan.

Request No. 10:All prior art of which you are aware concerning the subject matter claimed in the Chan Patents. Request No. 11:All documents concerning marketing of any product that you believe is covered by the Chan Patents. Request No. 12:All documents concerning instruction manuals for any product that you believe is covered by the Chan Patents. Request No. 13:All communications about the Chan Patents or this Lawsuit. Request No. 14:All documents concerning correspondence or agreements between you and ProMOS concerning the Chan Patents. Request No. 15:All documents concerning any financial compensation or other consideration received by or which will be paid to you or Cyr & Associates in connection with this Lawsuit. Request No. 16:All employment agreements, termination agreements, representation agreements, contracts, or letters of understanding between you or Cyr & Associates and Mosel, Vitelic, MVC, MVI, or ProMOS.

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TAB 2

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Case 1:06-cv-00788-JJF
AO88 (Rev. 12/06) Subpoena in a Civil Case

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PROOF OF SERVICE
DATE PLACE

SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE

SERVED BY (PRINT NAME)

TITLE

DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct.

Executed on
DATE SIGNATURE OF SERVER

ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Parts (c), (d), and (e), as amended on December 1, 2006:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and reasonable attorney's fee. (2) (A) A person commanded to produce and permit inspection, copying, testing, or sampling of designated electronically stored information, books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection, copying, testing, or sampling may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to producing any or all of the designated materials or inspection of the premises--or to producing electronically stored information in the form or forms requested. If objection is made, the party serving the subpoena shall not be entitled to inspect, copy, test, or sample the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production, inspection, copying, testing, or sampling. Such an order to compel shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection, copying, testing, or sampling commanded. (3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance, (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c) (3) (B) (iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held; (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies; or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified condition. (d) DUTIES IN RESPONDING TO SUBPOENA (1) (A) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand (B) If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must produce the information in a form or forms in which the person ordinarily maintains it or in a form or forms that are reasonably usable. (C) A person responding to a subpoena need not produce the same electronically stored information in more than one form. (D) A person responding to a subpoena 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 to quash, the person from whom discovery is sought must show that the information sought 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 limitation of Rule 16(b)(2)(C). The court may specify conditions for the discovery. (2) (A) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial-preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (B) If information is produced in response to a subpoena that 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, any party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced the information must preserve the information until the claim is resolved. (e) CONTEMPT. Failure of any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued. An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to attend or produce at a place not within the limits provided by clause (ii) of subparagraph (c)(3)(A).

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EXHIBIT A Pursuant to Federal Rule of Civil Procedure 45, David W. Heid is required to produce and permit inspection and copying of documents and things in his possession, custody or control that relate to the following categories of document requests according to the following definitions and instructions. The following definitions supplement those contained in the Federal Rules of Civil Procedure, which are incorporated herein by reference. Definitions and Instructions 1. You are requested to produce all documents and things in the following categories that are in your possession, custody or control, in their entirety and without redaction. "Possession, custody or control" shall be construed to the fullest extent provided under Federal Rule of Civil Procedure 45. 2. If any document is withheld based upon a claim of privilege or other protection, provide for each such document: (i) the date of the document, (ii) the names of all authors, (iii) the names of all recipients, (iv) the names of all cc and/or bcc recipients, (v) the type of document, (vi) a description of the document (vii) an identification of the privilege or protection claimed and (viii) a brief explanation of the basis of your claim of privilege or other protection. 3. If, after responding, you obtain or become aware of any further information, documents or things responsive to these document requests, you are required to supplement your production and provide Freescale Semiconductor, Inc. ("Freescale") with such additional information. 4. When a document contains both privileged and non-privileged material, the document must be disclosed to the fullest extent possible without thereby disclosing the privileged material. If a privilege is asserted with regard to part of the material contained in a document, the party claiming the privilege must clearly indicate the portions as to which the privilege is claimed. When a document has been redacted or altered in any fashion, identify as to each document the reason for the redaction or alteration, the date of the redaction or

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alteration, and the person performing the redaction or alteration. Any redaction must be clearly visible on the redacted document. 5. If production of any requested document(s) is objected to on the grounds that production is unduly burdensome, describe the burden or expense of the proposed discovery. 6. Documents produced in response to the requests set forth below may be designated as "CONFIDENTIAL INFORMATION" or "CONFIDENTIAL INFORMATION-OUTSIDE ATTORNEYS' EYES ONLY" subject to the protective order entered by the Court in this Lawsuit. The protective order is attached hereto as Tab 1. 7. 8. Freescale. will reimburse you for reasonable photocopying costs. All words in the conjunctive include the disjunctive and vice versa; words in the singular include the plural and vice versa. Such words should be interpreted to bring within the scope of the discovery request information which might otherwise be construed to be outside its scope. 9. The present tense includes the past and future tenses. The singular includes the plural, and the plural includes the singular. "All" means "any and all." "Any" means "any and all." "Including" means "including but not limited to." "And" and "or" encompass both "and" and "or." Words in the masculine, feminine or neutral form shall include each of the other genders. 10. Concerning: The term "concerning" means relating to, referring to, describing, evidencing or constituting. 11. Communication: The term "communication" means the transmission or exchange of information by any means. 12. Document: "Documents" shall be defined to the broadest extent permitted by law. Without limitation, "document" includes: papers, contracts, notes, memoranda, correspondence, letters, statements, invoices, reports, data, studies, records,

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photographs, diaries, tapes, email and any and all other written, printed, recorded, or other tangible matter in your possession, custody or control, whether in paper or electronic form. 13. Freescale: The term "Freescale" refers to the named defendant Freescale Semiconductor, Inc., its agents, representatives and attorneys. 14. Mosel: The term "Mosel," as used herein, refers to MOS Electronics Corp., MOS Electronics, Inc., or Mosel Electronics. its agents, representatives and attorneys. 15. Vitelic: The term "Vitelic," as used herein, refers to Vitelic Corp. or Vitelic, Inc. its agents, representatives and attorneys. 16. MVC: The term "MVC," as used herein, refers to Mosel Vitelic Corp. its agents, representatives and attorneys. 17. MVI: The term "MVI," as used herein, refers to Mosel Vitelic Inc. its agents, representatives and attorneys. 18. ProMOS: The term "ProMOS," as used herein, refers to ProMOS Technologies, Inc. its agents, representatives and attorneys. 19. MacPherson Kwok Chen & Heid LLP: The term "MacPherson Kwok Chen & Heid LLP" refers to the law firm of MacPherson Kwok Chen & Heid LLP, its agents, representatives and attorneys. 20. David W. Heid, you, your: The terms "David W. Heid," "you," or "your" refers to David W. Heid, his agents, representatives, attorneys, and any company that he is or was affiliated with. 21. Lawsuit: The term "Lawsuit" refers to ProMOS Technologies v. Freescale Semiconductor, Inc., Case No. 1:06-CV-788-JFF, pending in the United States District Court for the District of Delaware, Texarkana Division.

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22.

'709 Patent: The term "''709 Patent" mean U.S. Patent No. 5,488,709. A copy of the `242 Patent is attached hereto as Tab 2.

23.

'241 Patent: The term "''241 Patent" mean U.S. Patent No. 5,732,241. A copy of the `242 Patent is attached hereto as Tab 3.

24.

Chan Patents. The term "Chan Patents" means the `709 patent and/or the `242 patent.

25.

Chan. The term "Chan" refers to Alfred K. Chan, named inventor of the Chan Patents.

DOCUMENT REQUESTS Request No. 1: All documents, including but not limited to notes, meeting

minutes, correspondence and laboratory notebooks, concerning the research, design, development or testing of the alleged inventions claimed in the Chan Patents. Request No. 2: All documents concerning conception of each and every

invention claimed in the Chan Patents. Request No. 3: All documents concerning the alleged reduction to practice,

whether actual or constructive, of each and every invention claimed in the Chan Patents. Request No. 4: All documents and things concerning diligence from

conception to reduction to practice for each and every alleged invention claimed in the Chan Patents. Request No. 5: Request No. 6: the Chan Patents. All invention disclosure forms concerning the Chan Patents. Samples of any prototypes of the subject matter claimed in

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Request No. 7:

All documents and things concerning the preparation and

prosecution of the Chan Patents. Request No. 8: All communications concerning the preparation and

prosecution of the Chan Patents. Request No. 9: All communications with Chan.

Request No. 10:All prior art of which you are aware concerning the subject matter claimed in the Chan Patents. Request No. 11:All documents concerning marketing of any product that you believe is covered by the Chan Patents. Request No. 12:All documents concerning instruction manuals for any product that you believe is covered by the Chan Patents. Request No. 13:All communications about the Chan Patents or this Lawsuit. Request No. 14:All documents concerning correspondence or agreements between you and ProMOS concerning the Chan Patents. Request No. 15:All documents concerning any financial compensation or other consideration received by or which will be paid to you or MacPherson Kwok Chen & Heid LLP in connection with this Lawsuit. Request No. 16:All employment agreements, termination agreements, representation agreements, contracts, or letters of understanding between you or MacPherson Kwok Chen & Heid LLP and Mosel, Vitelic, MVC, MVI, or ProMOS.

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TAB 3

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Case 1:06-cv-00788-JJF
AO88 (Rev. 12/06) Subpoena in a Civil Case

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PROOF OF SERVICE
DATE PLACE

SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE

SERVED BY (PRINT NAME)

TITLE

DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct.

Executed on
DATE SIGNATURE OF SERVER

ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Parts (c), (d), and (e), as amended on December 1, 2006:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and reasonable attorney's fee. (2) (A) A person commanded to produce and permit inspection, copying, testing, or sampling of designated electronically stored information, books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection, copying, testing, or sampling may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to producing any or all of the designated materials or inspection of the premises--or to producing electronically stored information in the form or forms requested. If objection is made, the party serving the subpoena shall not be entitled to inspect, copy, test, or sample the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production, inspection, copying, testing, or sampling. Such an order to compel shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection, copying, testing, or sampling commanded. (3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance, (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c) (3) (B) (iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held; (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies; or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified condition. (d) DUTIES IN RESPONDING TO SUBPOENA (1) (A) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand (B) If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must produce the information in a form or forms in which the person ordinarily maintains it or in a form or forms that are reasonably usable. (C) A person responding to a subpoena need not produce the same electronically stored information in more than one form. (D) A person responding to a subpoena 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 to quash, the person from whom discovery is sought must show that the information sought 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 limitation of Rule 16(b)(2)(C). The court may specify conditions for the discovery. (2) (A) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial-preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (B) If information is produced in response to a subpoena that 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, any party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced the information must preserve the information until the claim is resolved. (e) CONTEMPT. Failure of any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued. An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to attend or produce at a place not within the limits provided by clause (ii) of subparagraph (c)(3)(A).

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EXHIBIT A Pursuant to Federal Rule of Civil Procedure 45, B. Noel Kivlin is required to produce and permit inspection and copying of documents and things in his possession, custody or control that relate to the following categories of document requests according to the following definitions and instructions. The following definitions supplement those contained in the Federal Rules of Civil Procedure, which are incorporated herein by reference. Definitions and Instructions 1. You are requested to produce all documents and things in the following categories that are in your possession, custody or control, in their entirety and without redaction. "Possession, custody or control" shall be construed to the fullest extent provided under Federal Rule of Civil Procedure 45. 2. If any document is withheld based upon a claim of privilege or other protection, provide for each such document: (i) the date of the document, (ii) the names of all authors, (iii) the names of all recipients, (iv) the names of all cc and/or bcc recipients, (v) the type of document, (vi) a description of the document (vii) an identification of the privilege or protection claimed and (viii) a brief explanation of the basis of your claim of privilege or other protection. 3. If, after responding, you obtain or become aware of any further information, documents or things responsive to these document requests, you are required to supplement your production and provide Freescale Semiconductor, Inc. ("Freescale") with such additional information. 4. When a document contains both privileged and non-privileged material, the document must be disclosed to the fullest extent possible without thereby disclosing the privileged material. If a privilege is asserted with regard to part of the material contained in a document, the party claiming the privilege must clearly indicate the portions as to which the privilege is claimed. When a document has been redacted or altered in any fashion, identify as to each document the reason for the redaction or alteration, the date of the redaction or

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alteration, and the person performing the redaction or alteration. Any redaction must be clearly visible on the redacted document. 5. If production of any requested document(s) is objected to on the grounds that production is unduly burdensome, describe the burden or expense of the proposed discovery. 6. Documents produced in response to the requests set forth below may be designated as "CONFIDENTIAL INFORMATION" or "CONFIDENTIAL INFORMATION-OUTSIDE ATTORNEYS' EYES ONLY" subject to the protective order entered by the Court in this Lawsuit. The protective order is attached hereto as Tab 1. 7. 8. Freescale. will reimburse you for reasonable photocopying costs. All words in the conjunctive include the disjunctive and vice versa; words in the singular include the plural and vice versa. Such words should be interpreted to bring within the scope of the discovery request information which might otherwise be construed to be outside its scope. 9. The present tense includes the past and future tenses. The singular includes the plural, and the plural includes the singular. "All" means "any and all." "Any" means "any and all." "Including" means "including but not limited to." "And" and "or" encompass both "and" and "or." Words in the masculine, feminine or neutral form shall include each of the other genders. 10. Concerning: The term "concerning" means relating to, referring to, describing, evidencing or constituting. 11. Communication: The term "communication" means the transmission or exchange of information by any means. 12. Document: "Documents" shall be defined to the broadest extent permitted by law. Without limitation, "document" includes: papers, contracts, notes, memoranda, correspondence, letters, statements, invoices, reports, data, studies, records,

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photographs, diaries, tapes, email and any and all other written, printed, recorded, or other tangible matter in your possession, custody or control, whether in paper or electronic form. 13. Freescale: The term "Freescale" refers to the named defendant Freescale Semiconductor, Inc., its agents, representatives and attorneys. 14. Mosel: The term "Mosel," as used herein, refers to MOS Electronics Corp., MOS Electronics, Inc., or Mosel Electronics. its agents, representatives and attorneys. 15. Vitelic: The term "Vitelic," as used herein, refers to Vitelic Corp. or Vitelic, Inc. its agents, representatives and attorneys. 16. MVC: The term "MVC," as used herein, refers to Mosel Vitelic Corp. its agents, representatives and attorneys. 17. MVI: The term "MVI," as used herein, refers to Mosel Vitelic Inc. its agents, representatives and attorneys. 18. ProMOS: The term "ProMOS," as used herein, refers to ProMOS Technologies, Inc. its agents, representatives and attorneys. 19. Meyertons, Hood, Kivlin, Kowert & Goetzel: The term "Meyertons, Hood, Kivlin, Kowert & Goetzel" refers to the law firm of Meyertons, Hood, Kivlin, Kowert & Goetzel, its agents, representatives and attorneys. 20. B. Noel Kivlin, you, your: The terms "B. Noel Kivlin," "you," or "your" refers to B. Noel Kivlin, his agents, representatives, attorneys, and any company that he is or was affiliated with. 21. Lawsuit: The term "Lawsuit" refers to ProMOS Technologies v. Freescale Semiconductor, Inc., Case No. 1:06-CV-788-JFF, pending in the United States District Court for the District of Delaware, Texarkana Division.

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22.

'709 Patent: The term "''709 Patent" mean U.S. Patent No. 5,488,709. A copy of the `242 Patent is attached hereto as Tab 2.

23.

'241 Patent: The term "''241 Patent" mean U.S. Patent No. 5,732,241. A copy of the `242 Patent is attached hereto as Tab 3.

24.

Chan Patents. The term "Chan Patents" means the `709 patent and/or the `242 patent.

25.

Chan. The term "Chan" refers to Alfred K. Chan, named inventor of the Chan Patents.

DOCUMENT REQUESTS Request No. 1: All documents, including but not limited to notes, meeting

minutes, correspondence and laboratory notebooks, concerning the research, design, development or testing of the alleged inventions claimed in the Chan Patents. Request No. 2: All documents concerning conception of each and every

invention claimed in the Chan Patents. Request No. 3: All documents concerning the alleged reduction to practice,

whether actual or constructive, of each and every invention claimed in the Chan Patents. Request No. 4: All documents and things concerning diligence from

conception to reduction to practice for each and every alleged invention claimed in the Chan Patents. Request No. 5: Request No. 6: the Chan Patents. All invention disclosure forms concerning the Chan Patents. Samples of any prototypes of the subject matter claimed in

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Request No. 7:

All documents and things concerning the preparation and

prosecution of the Chan Patents. Request No. 8: All communications concerning the preparation and

prosecution of the Chan Patents. Request No. 9: All communications with Chan.

Request No. 10:All prior art of which you are aware concerning the subject matter claimed in the Chan Patents. Request No. 11:All documents concerning marketing of any product that you believe is covered by the Chan Patents. Request No. 12:All documents concerning instruction manuals for any product that you believe is covered by the Chan Patents. Request No. 13:All communications about the Chan Patents or this Lawsuit. Request No. 14:All documents concerning correspondence or agreements between you and ProMOS concerning the Chan Patents. Request No. 15:All documents concerning any financial compensation or other consideration received by or which will be paid to you or Meyertons, Hood, Kivlin, Kowert & Goetzel in connection with this Lawsuit. Request No. 16:All employment agreements, termination agreements, representation agreements, contracts, or letters of understanding between you or Meyertons, Hood, Kivlin, Kowert & Goetzel and Mosel, Vitelic, MVC, MVI, or ProMOS.

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TAB 4

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Case 1:06-cv-00788-JJF
AO88 (Rev. 12/06) Subpoena in a Civil Case

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PROOF OF SERVICE
DATE PLACE

SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE

SERVED BY (PRINT NAME)

TITLE

DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct.

Executed on
DATE SIGNATURE OF SERVER

ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Parts (c), (d), and (e), as amended on December 1, 2006:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and reasonable attorney's fee. (2) (A) A person commanded to produce and permit inspection, copying, testing, or sampling of designated electronically stored information, books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection, copying, testing, or sampling may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to producing any or all of the designated materials or inspection of the premises--or to producing electronically stored information in the form or forms requested. If objection is made, the party serving the subpoena shall not be entitled to inspect, copy, test, or sample the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production, inspection, copying, testing, or sampling. Such an order to compel shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection, copying, testing, or sampling commanded. (3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance, (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c) (3) (B) (iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held; (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies; or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified condition. (d) DUTIES IN RESPONDING TO SUBPOENA (1) (A) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand (B) If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must produce the information in a form or forms in which the person ordinarily maintains it or in a form or forms that are reasonably usable. (C) A person responding to a subpoena need not produce the same electronically stored information in more than one form. (D) A person responding to a subpoena 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 to quash, the person from whom discovery is sought must show that the information sought 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 limitation of Rule 16(b)(2)(C). The court may specify conditions for the discovery. (2) (A) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial-preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (B) If information is produced in response to a subpoena that 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, any party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced the information must preserve the information until the claim is resolved. (e) CONTEMPT. Failure of any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued. An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to attend or produce at a place not within the limits provided by clause (ii) of subparagraph (c)(3)(A).

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EXHIBIT A Pursuant to Federal Rule of Civil Procedure 45, Norman R. Klivans is required to produce and permit inspection and copying of documents and things in his possession, custody or control that relate to the following categories of document requests according to the following definitions and instructions. The following definitions supplement those contained in the Federal Rules of Civil Procedure, which are incorporated herein by reference. Definitions and Instructions 1. You are requested to produce all documents and things in the following categories that are in your possession, custody or control, in their entirety and without redaction. "Possession, custody or control" shall be construed to the fullest extent provided under Federal Rule of Civil Procedure 45. 2. If any document is withheld based upon a claim of privilege or other protection, provide for each such document: (i) the date of the document, (ii) the names of all authors, (iii) the names of all recipients, (iv) the names of all cc and/or bcc recipients, (v) the type of document, (vi) a description of the document (vii) an identification of the privilege or protection claimed and (viii) a brief explanation of the basis of your claim of privilege or other protection. 3. If, after responding, you obtain or become aware of any further information, documents or things responsive to these document requests, you are required to supplement your production and provide Freescale Semiconductor, Inc. ("Freescale") with such additional information. 4. When a document contains both privileged and non-privileged material, the document must be disclosed to the fullest extent possible without thereby disclosing the privileged material. If a privilege is asserted with regard to part of the material contained in a document, the party claiming the privilege must clearly indicate the portions as to which the privilege is claimed. When a document has been redacted or altered in any fashion, identify as to each document the reason for the redaction or alteration, the date of the redaction or

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alteration, and the person performing the redaction or alteration. Any redaction must be clearly visible on the redacted document. 5. If production of any requested document(s) is objected to on the grounds that production is unduly burdensome, describe the burden or expense of the proposed discovery. 6. Documents produced in response to the requests set forth below may be designated as "CONFIDENTIAL INFORMATION" or "CONFIDENTIAL INFORMATION-OUTSIDE ATTORNEYS' EYES ONLY" subject to the protective order entered by the Court in this Lawsuit. The protective order is attached hereto as Tab 1. 7. 8. Freescale. will reimburse you for reasonable photocopying costs. All words in the conjunctive include the disjunctive and vice versa; words in the singular include the plural and vice versa. Such words should be interpreted to bring within the scope of the discovery request information which might otherwise be construed to be outside its scope. 9. The present tense includes the past and future tenses. The singular includes the plural, and the plural includes the singular. "All" means "any and all." "Any" means "any and all." "Including" means "including but not limited to." "And" and "or" encompass both "and" and "or." Words in the masculine, feminine or neutral form shall include each of the other genders. 10. Concerning: The term "concerning" means relating to, referring to, describing, evidencing or constituting. 11. Communication: The term "communication" means the transmission or exchange of information by any means. 12. Document: "Documents" shall be defined to the broadest extent permitted by law. Without limitation, "document" includes: papers, contracts, notes, memoranda, correspondence, letters, statements, invoices, reports, data, studies, records,

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photographs, diaries, tapes, email and any and all other written, printed, recorded, or other tangible matter in your possession, custody or control, whether in paper or electronic form. 13. Freescale: The term "Freescale" refers to the named defendant Freescale Semiconductor, Inc., its agents, representatives and attorneys. 14. Mosel: The term "Mosel," as used herein, refers to MOS Electronics Corp., MOS Electronics, Inc., or Mosel Electronics. its agents, representatives and attorneys. 15. Vitelic: The term "Vitelic," as used herein, refers to Vitelic Corp. or Vitelic, Inc. its agents, representatives and attorneys. 16. MVC: The term "MVC," as used herein, refers to Mosel Vitelic Corp. its agents, representatives and attorneys. 17. MVI: The term "MVI," as used herein, refers to Mosel Vitelic Inc. its agents, representatives and attorneys. 18. ProMOS: The term "ProMOS," as used herein, refers to ProMOS Technologies, Inc. its agents, representatives and attorneys. 19. Morrison Foerster: The term "Morrison Foerster" refers to the law firm of Morrison Foerster, its agents, representatives and attorneys. 20. Norman R. Klivans, you, your: The terms "Norman R. Klivans," "you," or "your" refers to Norman R. Klivans, his agents, representatives, attorneys, and any company that he is or was affiliated with. 21. Lawsuit: The term "Lawsuit" refers to ProMOS Technologies v. Freescale Semiconductor, Inc., Case No. 1:06-CV-788-JFF, pending in the United States District Court for the District of Delaware, Texarkana Division. 22. '709 Patent: The term "''709 Patent" mean U.S. Patent No. 5,488,709. A copy of the `242 Patent is attached hereto as Tab 2.

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23.

'241 Patent: The term "''241 Patent" mean U.S. Patent No. 5,732,241. A copy of the `242 Patent is attached hereto as Tab 3.

24.

Chan Patents. The term "Chan Patents" means the `709 patent and/or the `242 patent.

25.

Chan. The term "Chan" refers to Alfred K. Chan, named inventor of the Chan Patents.

DOCUMENT REQUESTS Request No. 1: All documents, including but not limited to notes, meeting

minutes, correspondence and laboratory notebooks, concerning the research, design, development or testing of the alleged inventions claimed in the Chan Patents. Request No. 2: All documents concerning conception of each and every

invention claimed in the Chan Patents. Request No. 3: All documents concerning the alleged reduction to practice,

whether actual or constructive, of each and every invention claimed in the Chan Patents. Request No. 4: All documents and things concerning diligence from

conception to reduction to practice for each and every alleged invention claimed in the Chan Patents. Request No. 5: Request No. 6: the Chan Patents. Request No. 7: All documents and things concerning the preparation and All invention disclosure forms concerning the Chan Patents. Samples of any prototypes of the subject matter claimed in

prosecution of the Chan Patents.

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Request No. 8:

All communications concerning the preparation and

prosecution of the Chan Patents. Request No. 9: All communications with Chan.

Request No. 10:All prior art of which you are aware concerning the subject matter claimed in the Chan Patents. Request No. 11:All documents concerning marketing of any product that you believe is covered by the Chan Patents. Request No. 12:All documents concerning instruction manuals for any product that you believe is covered by the Chan Patents. Request No. 13:All communications about the Chan Patents or this Lawsuit. Request No. 14:All documents concerning correspondence or agreements between you and ProMOS concerning the Chan Patents. Request No. 15:All documents concerning any financial compensation or other consideration received by or which will be paid to you or Morrison Foerster in connection with this Lawsuit. Request No. 16:All employment agreements, termination agreements, representation agreements, contracts, or letters of understanding between you or Morrison Foerster and Mosel, Vitelic, MVC, MVI, or ProMOS.

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TAB 5

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Case 1:06-cv-00788-JJF
AO88 (Rev. 12/06) Subpoena in a Civil Case

Document 115-2

Filed 01/07/2008

Page 35 of 48

PROOF OF SERVICE
DATE PLACE

SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE

SERVED BY (PRINT NAME)

TITLE

DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct.

Executed on
DATE SIGNATURE OF SERVER

ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Parts (c), (d), and (e), as amended on December 1, 2006:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and reasonable attorney's fee. (2) (A) A person commanded to produce and permit inspection, copying, testing,