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 testimony (Tabs 1-7) to be served on the following: TAB 1 2 3 4 5 6 7 DEPONENT Advanced Micro Devices, Inc. Cypress Semiconductor Corporation Hewlett-Packard Company Integrated Device Technology, Inc. Intel Corporation MIPS Technologies, Inc. Silicon Graphics, Inc. DATE OF DEPOSITION January 18, 2008 January 18, 2008 January 14, 2008 January 17, 2008 January 17, 2008 January 16, 2008 January 16, 2008

Exhibits A, B and C referenced in each of the subpoenas are the Protective Order (attached hereto as Exhibit A) and U.S. Patent Nos. 5,488,709 and 5,732,241, respectively.

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MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ Mary B. Graham
Mary B. Graham (#2256) James W. Parrett, Jr. (#4292) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 302.658.9200 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: December 27, 2007
1347285

Attorneys for Freescale Semiconductor, Inc.

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CERTIFICATE OF SERVICE I hereby certify that on December 27, 2007, 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 December 27, 2007 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 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]

BY E-MAIL AND FEDERAL EXPRESS Sten A. Jensen, Esquire HOGAN & HARTSON LLP 555 Thirteenth Street, NW Washington, DC 20004 [email protected]

/s/ Mary B. Graham
Mary B. Graham (#2256)

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TAB 1

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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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Schedule A to Subpoena directed to Advanced Micro Devices, Inc.

DEFINITIONS A. The term "AMD," as used herein, means Advanced Micro Devices, Inc., any and

all predecessors and successors thereof, any parent entities, subsidiaries, divisions, affiliates, and branches of the foregoing entities, any wholly or partly owned entities of the foregoing, and any entities acting or purporting to act for or on behalf of, or who are subject to the direction or control of, any of the foregoing entities, including agents, employees, officers, directors, attorneys, consultants, contractors, subcontractors and representatives. B. The "cache" or "caches" means any memory location used to temporarily store

data or instructions for use by a processor. C. The relevant time period is prior to April 1991. CONFIDENTIAL INFORMATION Any confidential documents and things that are responsive to these requests can be produced pursuant to the terms of the Protective Order attached hereto as Exhibit A. DOCUMENTS AND THINGS REQUESTED 1. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache that can communicate data with both a processor and system memory. 2. Documents sufficient to identify any product, apparatus or system that uses a

cache that can communicate data with both a processor and system memory. 3. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache that can communicate data with a processor on one bus and can communicate data with system memory on another bus.

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4.

Documents sufficient to identify any product, apparatus or system that uses a

cache that can communicate data with a processor on one bus and can communicate data with system memory on another bus. 5. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache where memory accesses between the processor and the cache can be decoupled from memory accesses between the cache and system memory. 6. Documents sufficient to identify any product, apparatus or system that uses a

cache where memory accesses between the processor and the cache can be decoupled from memory accesses between the cache and system memory. 7. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache that has a port through which data can be communicated with a processor and a port through which data can be communicated with system memory. 8. Documents sufficient to identify any product, apparatus or system that uses a

cache that has a port through which data can be communicated with a processor and a port through which data can be communicated with system memory. 9. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache and a cache controller where each of the cache and cache controller are connected in parallel between a processor and system memory. 10. Documents sufficient to identify any product, apparatus or system that uses a

cache and a cache controller where each of the cache and cache controller are connected in parallel between a processor and system memory. 11. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache that uses

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registers (such as, for example and not by way of limitation, a write back register) to receive or provide data from or to the processor or system memory. 12. Documents sufficient to identify any product, apparatus or system that uses a

cache that uses registers (such as, for example and not by way of limitation, a write back register) to receive or provide data from or to the processor or system memory. 13. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache that uses a register for buffering data received from the processor. 14. Documents sufficient to identify any product, apparatus or system that uses a

cache that uses a register for buffering data received from the processor. 15. Documents sufficient to identify any product, apparatus or system that disclosed

the subject matter of the claims of U.S. Patent No. 5,488,709 (attached as Exhibit B) or U.S. Patent No. 5,732,241 (attached as Exhibit C) prior to April 1991. 16. Documents sufficient to describe the structure and functionality of a. b. c. d. the IDT 71586, the Cypress CY7C184, the Vitelic V63C328, or the MOSEL MS82308

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Schedule B to Subpoena directed to Advanced Micro Devices, Inc.

DEFINITIONS A. The term "AMD," as used herein, means Advanced Micro Devices, Inc., any and

all predecessors and successors thereof, any parent entities, subsidiaries, divisions, affiliates, and branches of the foregoing entities, any wholly or partly owned entities of the foregoing, and any entities acting or purporting to act for or on behalf of, or who are subject to the direction or control of, any of the foregoing entities, including agents, employees, officers, directors, attorneys, consultants, contractors, subcontractors and representatives. B. The "cache" or "caches" means any memory location used to temporarily store

data or instructions for use by a processor. C. The relevant time period is prior to April 1991. CONFIDENTIAL INFORMATION Any testimony provided can be made pursuant to the terms of the Protective Order attached hereto as Exhibit A. DEPOSITION TOPICS 1. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache that can communicate data with both a processor and system memory. 2. Description of any product, apparatus or system that uses a cache that can

communicate data with both a processor and system memory. 3. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache that can communicate data with a processor on one bus and can communicate data with system memory on another bus.

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4.

Description of any product, apparatus or system that uses a cache that can

communicate data with a processor on one bus and can communicate data with system memory on another bus. 5. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache where memory accesses between the processor and the cache can be decoupled from memory accesses between the cache and system memory. 6. Description of any product, apparatus or system that uses a cache where memory

accesses between the processor and the cache can be decoupled from memory accesses between the cache and system memory. 7. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache that has a port through which data can be communicated with a processor and a port through which data can be communicated with system memory. 8. Description of any product, apparatus or system that uses a cache that has a port

through which data can be communicated with a processor and a port through which data can be communicated with system memory. 9. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache and a cache controller where each of the cache and cache controller are connected in parallel between a processor and system memory. 10. Description of any product, apparatus or system that uses a cache and a cache

controller where each of the cache and cache controller are connected in parallel between a processor and system memory. 11. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache that uses registers (such as, for example and not by way of limitation, a write back register) to receive or provide data from or to the processor or system memory.

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12.

Description of any product, apparatus or system that uses a cache that uses

registers (such as, for example and not by way of limitation, a write back register) to receive or provide data from or to the processor or system memory. 13. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache that uses a register for buffering data received from the processor. 14. Description of any product, apparatus or system that uses a cache that uses a

register for buffering data received from the processor. 15. Identification of any product, apparatus or system that disclosed the subject matter

of the claims of U.S. Patent No. 5,488,709 (attached as Exhibit B) or U.S. Patent No. 5,732,241 (attached as Exhibit C) prior to April 1991. 16. Description of the structure and functionality of: a. b. c. d. the IDT 71586, the Cypress CY7C184, the Vitelic V63C328, or the MOSEL MS82308

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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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Schedule A to Subpoena directed to Cypress Semiconductor Corporation

DEFINITIONS A. The term "Cypress," as used herein, means Cypress Semiconductor Corporation,

any and all predecessors and successors thereof, any parent entities, subsidiaries, divisions, affiliates, and branches of the foregoing entities, any wholly or partly owned entities of the foregoing, and any entities acting or purporting to act for or on behalf of, or who are subject to the direction or control of, any of the foregoing entities, including agents, employees, officers, directors, attorneys, consultants, contractors, subcontractors and representatives. B. The "cache" or "caches" means any memory location used to temporarily store

data or instructions for use by a processor. C. The relevant time period is prior to April 1991. CONFIDENTIAL INFORMATION Any confidential documents and things that are responsive to these requests can be produced pursuant to the terms of the Protective Order attached hereto as Exhibit A. DOCUMENTS AND THINGS REQUESTED 1. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache that can communicate data with both a processor and system memory. 2. Documents sufficient to identify any product, apparatus or system that uses a

cache that can communicate data with both a processor and system memory. 3. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache that can communicate data with a processor on one bus and can communicate data with system memory on another bus.

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4.

Documents sufficient to identify any product, apparatus or system that uses a

cache that can communicate data with a processor on one bus and can communicate data with system memory on another bus. 5. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache where memory accesses between the processor and the cache can be decoupled from memory accesses between the cache and system memory. 6. Documents sufficient to identify any product, apparatus or system that uses a

cache where memory accesses between the processor and the cache can be decoupled from memory accesses between the cache and system memory. 7. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache that has a port through which data can be communicated with a processor and a port through which data can be communicated with system memory. 8. Documents sufficient to identify any product, apparatus or system that uses a

cache that has a port through which data can be communicated with a processor and a port through which data can be communicated with system memory. 9. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache and a cache controller where each of the cache and cache controller are connected in parallel between a processor and system memory. 10. Documents sufficient to identify any product, apparatus or system that uses a

cache and a cache controller where each of the cache and cache controller are connected in parallel between a processor and system memory. 11. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache that uses

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registers (such as, for example and not by way of limitation, a write back register) to receive or provide data from or to the processor or system memory. 12. Documents sufficient to identify any product, apparatus or system that uses a

cache that uses registers (such as, for example and not by way of limitation, a write back register) to receive or provide data from or to the processor or system memory. 13. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache that uses a register for buffering data received from the processor. 14. Documents sufficient to identify any product, apparatus or system that uses a

cache that uses a register for buffering data received from the processor. 15. Documents sufficient to identify any product, apparatus or system that disclosed

the subject matter of the claims of U.S. Patent No. 5,488,709 (attached as Exhibit B) or U.S. Patent No. 5,732,241 (attached as Exhibit C) prior to April 1991. 16. Documents sufficient to describe the structure and functionality of a. b. c. d. the IDT 71586, the Cypress CY7C184, the Vitelic V63C328, or the MOSEL MS82308

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Schedule B to Subpoena directed to Cypress Semiconductor Corporation

DEFINITIONS A. The term "Cypress," as used herein, means Cypress Semiconductor Corporation,

any and all predecessors and successors thereof, any parent entities, subsidiaries, divisions, affiliates, and branches of the foregoing entities, any wholly or partly owned entities of the foregoing, and any entities acting or purporting to act for or on behalf of, or who are subject to the direction or control of, any of the foregoing entities, including agents, employees, officers, directors, attorneys, consultants, contractors, subcontractors and representatives. B. The "cache" or "caches" means any memory location used to temporarily store

data or instructions for use by a processor. C. The relevant time period is prior to April 1991. CONFIDENTIAL INFORMATION Any testimony provided can be made pursuant to the terms of the Protective Order attached hereto as Exhibit A. DEPOSITION TOPICS 1. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache that can communicate data with both a processor and system memory. 2. Description of any product, apparatus or system that uses a cache that can

communicate data with both a processor and system memory. 3. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache that can communicate data with a processor on one bus and can communicate data with system memory on another bus.

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4.

Description of any product, apparatus or system that uses a cache that can

communicate data with a processor on one bus and can communicate data with system memory on another bus. 5. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache where memory accesses between the processor and the cache can be decoupled from memory accesses between the cache and system memory. 6. Description of any product, apparatus or system that uses a cache where memory

accesses between the processor and the cache can be decoupled from memory accesses between the cache and system memory. 7. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache that has a port through which data can be communicated with a processor and a port through which data can be communicated with system memory. 8. Description of any product, apparatus or system that uses a cache that has a port

through which data can be communicated with a processor and a port through which data can be communicated with system memory. 9. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache and a cache controller where each of the cache and cache controller are connected in parallel between a processor and system memory. 10. Description of any product, apparatus or system that uses a cache and a cache

controller where each of the cache and cache controller are connected in parallel between a processor and system memory. 11. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache that uses registers (such as, for example and not by way of limitation, a write back register) to receive or provide data from or to the processor or system memory.

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12.

Description of any product, apparatus or system that uses a cache that uses

registers (such as, for example and not by way of limitation, a write back register) to receive or provide data from or to the processor or system memory. 13. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache that uses a register for buffering data received from the processor. 14. Description of any product, apparatus or system that uses a cache that uses a

register for buffering data received from the processor. 15. Identification of any product, apparatus or system that disclosed the subject matter

of the claims of U.S. Patent No. 5,488,709 (attached as Exhibit B) or U.S. Patent No. 5,732,241 (attached as Exhibit C) prior to April 1991. 16. Description of the structure and functionality of: a. b. c. d. the IDT 71586, the Cypress CY7C184, the Vitelic V63C328, or the MOSEL MS82308

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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

Document 108-2

Filed 12/27/2007

Page 21 of 66

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).

Case 1:06-cv-00788-JJF

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Filed 12/27/2007

Page 22 of 66

Schedule A to Subpoena directed to Hewlett-Packard Company

DEFINITIONS A. The term "HP," as used herein, means Hewlett-Packard Company, any and all

predecessors and successors thereof, any parent entities, subsidiaries, divisions, affiliates, and branches of the foregoing entities, any wholly or partly owned entities of the foregoing, and any entities acting or purporting to act for or on behalf of, or who are subject to the direction or control of, any of the foregoing entities, including agents, employees, officers, directors, attorneys, consultants, contractors, subcontractors and representatives. B. The "cache" or "caches" means any memory location used to temporarily store

data or instructions for use by a processor. C. The relevant time period is prior to April 1991. CONFIDENTIAL INFORMATION Any confidential documents and things that are responsive to these requests can be produced pursuant to the terms of the Protective Order attached hereto as Exhibit A. DOCUMENTS AND THINGS REQUESTED 1. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache that can communicate data with both a processor and system memory. 2. Documents sufficient to identify any product, apparatus or system that uses a

cache that can communicate data with both a processor and system memory. 3. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache that can communicate data with a processor on one bus and can communicate data with system memory on another bus.

Case 1:06-cv-00788-JJF

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4.

Documents sufficient to identify any product, apparatus or system that uses a

cache that can communicate data with a processor on one bus and can communicate data with system memory on another bus. 5. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache where memory accesses between the processor and the cache can be decoupled from memory accesses between the cache and system memory. 6. Documents sufficient to identify any product, apparatus or system that uses a

cache where memory accesses between the processor and the cache can be decoupled from memory accesses between the cache and system memory. 7. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache that has a port through which data can be communicated with a processor and a port through which data can be communicated with system memory. 8. Documents sufficient to identify any product, apparatus or system that uses a

cache that has a port through which data can be communicated with a processor and a port through which data can be communicated with system memory. 9. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache and a cache controller where each of the cache and cache controller are connected in parallel between a processor and system memory. 10. Documents sufficient to identify any product, apparatus or system that uses a

cache and a cache controller where each of the cache and cache controller are connected in parallel between a processor and system memory. 11. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache that uses

-2-

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registers (such as, for example and not by way of limitation, a write back register) to receive or provide data from or to the processor or system memory. 12. Documents sufficient to identify any product, apparatus or system that uses a

cache that uses registers (such as, for example and not by way of limitation, a write back register) to receive or provide data from or to the processor or system memory. 13. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache that uses a register for buffering data received from the processor. 14. Documents sufficient to identify any product, apparatus or system that uses a

cache that uses a register for buffering data received from the processor. 15. Documents sufficient to identify any product, apparatus or system that disclosed

the subject matter of the claims of U.S. Patent No. 5,488,709 (attached as Exhibit B) or U.S. Patent No. 5,732,241 (attached as Exhibit C) prior to April 1991. 16. Documents sufficient to describe the structure and functionality of a. b. c. d. the IDT 71586, the Cypress CY7C184, the Vitelic V63C328, or the MOSEL MS82308

-3-

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Page 25 of 66

Schedule B to Subpoena directed to Hewlett-Packard Company

DEFINITIONS A. The term "HP," as used herein, means Hewlett-Packard Company, any and all

predecessors and successors thereof, any parent entities, subsidiaries, divisions, affiliates, and branches of the foregoing entities, any wholly or partly owned entities of the foregoing, and any entities acting or purporting to act for or on behalf of, or who are subject to the direction or control of, any of the foregoing entities, including agents, employees, officers, directors, attorneys, consultants, contractors, subcontractors and representatives. B. The "cache" or "caches" means any memory location used to temporarily store

data or instructions for use by a processor. C. The relevant time period is prior to April 1991. CONFIDENTIAL INFORMATION Any testimony provided can be made pursuant to the terms of the Protective Order attached hereto as Exhibit A. DEPOSITION TOPICS 1. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache that can communicate data with both a processor and system memory. 2. Description of any product, apparatus or system that uses a cache that can

communicate data with both a processor and system memory. 3. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache that can communicate data with a processor on one bus and can communicate data with system memory on another bus.

-4-

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4.

Description of any product, apparatus or system that uses a cache that can

communicate data with a processor on one bus and can communicate data with system memory on another bus. 5. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache where memory accesses between the processor and the cache can be decoupled from memory accesses between the cache and system memory. 6. Description of any product, apparatus or system that uses a cache where memory

accesses between the processor and the cache can be decoupled from memory accesses between the cache and system memory. 7. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache that has a port through which data can be communicated with a processor and a port through which data can be communicated with system memory. 8. Description of any product, apparatus or system that uses a cache that has a port

through which data can be communicated with a processor and a port through which data can be communicated with system memory. 9. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache and a cache controller where each of the cache and cache controller are connected in parallel between a processor and system memory. 10. Description of any product, apparatus or system that uses a cache and a cache

controller where each of the cache and cache controller are connected in parallel between a processor and system memory. 11. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache that uses registers (such as, for example and not by way of limitation, a write back register) to receive or provide data from or to the processor or system memory.

-5-

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12.

Description of any product, apparatus or system that uses a cache that uses

registers (such as, for example and not by way of limitation, a write back register) to receive or provide data from or to the processor or system memory. 13. Efforts to research, conceive, reduce to practice, design, develop or

commercialize any apparatus or system using a cache that uses a register for buffering data received from the processor. 14. Description of any product, apparatus or system that uses a cache that uses a

register for buffering data received from the processor. 15. Identification of any product, apparatus or system that disclosed the subject matter

of the claims of U.S. Patent No. 5,488,709 (attached as Exhibit B) or U.S. Patent No. 5,732,241 (attached as Exhibit C) prior to April 1991. 16. Description of the structure and functionality of: a. b. c. d. the IDT 71586, the Cypress CY7C184, the Vitelic V63C328, or the MOSEL MS82308

-6-

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TAB 4

Case 1:06-cv-00788-JJF

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Filed 12/27/2007

Page 29 of 66

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

Document 108-2

Filed 12/27/2007

Page 30 of 66

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).

Case 1:06-cv-00788-JJF

Document 108-2

Filed 12/27/2007

Page 31 of 66

Schedule A to Subpoena directed to Integrated Device Technology, Inc.

DEFINITIONS A. The term "IDT," as used herein, means Integrated Device Technology, Inc., any

and all predecessors and successors thereof, any parent entities, subsidiaries, divisions, affiliates, and branches of the foregoing entities, any wholly or partly owned entities of the foregoing, and any entities acting or purporting to act for or on behalf of, or who are subject to the direction or control of, any of the foregoing entities, including agents, employees, officers, directors, attorneys, consultants, contractors, subcontractors and representatives. B. The "cache" or "caches" means any memory location used to temporarily store

data or instructions for use by a processor. C. The relevant time period is prior to April 1991. CONFIDENTIAL INFORMATION Any confidential documents and things that are responsive to these requests can be produced pursuant to the terms of the Protective Order attached hereto as Exhibit A. DOCUMENTS AND THINGS REQUESTED 1. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache that can communicate data with both a processor and system memory. 2. Documents sufficient to identify any product, apparatus or system that uses a

cache that can communicate data with both a processor and system memory. 3. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache that can communicate data with a processor on one bus and can communicate data with system memory on another bus.

Case 1:06-cv-00788-JJF

Document 108-2

Filed 12/27/2007

Page 32 of 66

4.

Documents sufficient to identify any product, apparatus or system that uses a

cache that can communicate data with a processor on one bus and can communicate data with system memory on another bus. 5. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache where memory accesses between the processor and the cache can be decoupled from memory accesses between the cache and system memory. 6. Documents sufficient to identify any product, apparatus or system that uses a

cache where memory accesses between the processor and the cache can be decoupled from memory accesses between the cache and system memory. 7. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache that has a port through which data can be communicated with a processor and a port through which data can be communicated with system memory. 8. Documents sufficient to identify any product, apparatus or system that uses a

cache that has a port through which data can be communicated with a processor and a port through which data can be communicated with system memory. 9. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache and a cache controller where each of the cache and cache controller are connected in parallel between a processor and system memory. 10. Documents sufficient to identify any product, apparatus or system that uses a

cache and a cache controller where each of the cache and cache controller are connected in parallel between a processor and system memory. 11. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache that uses

-2-

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Page 33 of 66

registers (such as, for example and not by way of limitation, a write back register) to receive or provide data from or to the processor or system memory. 12. Documents sufficient to identify any product, apparatus or system that uses a

cache that uses registers (such as, for example and not by way of limitation, a write back register) to receive or provide data from or to the processor or system memory. 13. Documents reflecting or relating to efforts to research, conceive, reduce to

practice, design, develop or commercialize any apparatus or system using a cache that uses a register for buffering data received from the processor. 14. Documents sufficient to identify any product, apparatus or system that uses a

cache that uses a register for buffering data received from the processor. 15. Documents sufficient to identify any product, apparatus or system that disclosed

the subject matter of the claims of U.S. Patent No. 5,488,709 (attached as Exhibit B) or U.S. Patent No. 5,732,241 (attached as Exhibit C) prior to April 1991. 16. Documents sufficient to describe the structure and functionality of a. b. c. d. the IDT 71586, the Cypress CY7C184, the Vitelic V63C328, or the MOSEL MS82308

-3-

Case 1:06-cv-00788-JJF

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Filed 12/27/2007

Page 34 of 66

Schedule B to Subpoena directed to Integrated Device Technology, Inc.

DEFINITIONS A. The term "IDT," as used herein, means Integrated Device Technology, Inc., any

and all predece