Free Notice to Take Deposition - District Court of Delaware - Delaware

Case 1:06-cv-00032-JJF Document 235 Filed 10/O4/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RR, DONNELLEY & SONS COMPANY,
Plaintiff,
vc
cnao, {Nc, Nnxpasss sowrioiws, CA °6“°32"J‘]F
INC., KODAK VERSAMARK., INC.,
EASTMAN KODAK COMPANY, and
KODAK GRAPHIC COMMUNICATIONS
COMPANY,
Defendants,
EASTMAN KODAK COMPANY,
Countcrclaim~Plaintiff,
v.
RR, DONNELLEY & SONS COMPANY,
Counterclai1n—Det`endant,
CREO, INC.’S, NEXPRESS SOLUTIONS, INCPS, KODAK VERSAMARK, INC.’S,
EASTMAN KODAK COMPANY’S, AND KODAK GRAPHIC COMMUNICATIONS
COlV£PANY’S THIRD NOTICE OF DEPOSITION
PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 3(}(b)§6[
PLEASE TAKE NOTICE that pursuant to Rule 30(b)(6) of the Federal Rules of Civil
Procedure, Defendants Creo, Inc, NexPress Solutions, Inc., Kodak V€1"SEl1Tl3I`l{, Inc`, Eastman
Kodak Company, and Kodak Graphic Communications Company (collectively, "Defendants")
will take the deposition upon oral examination of Plaintiff RR., Donnelley & Sons Company
("RRD") on the topics set fortli in the attached Schedule A, through one or more of RRD’s
officers, directors, or managing agents, or other persons who consent to testify on RR”D’s behalf,
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Case 1:06-cv-OOO32—JJF Document 235 Filed 10/O4/2007 Page 2 of 4
commencing on October 3i, 2007 at 9:00 am. Defendants requests that RRD identify in writing
at least five (5) business days in advance of the deposition the person(s) designated by RRD, the
job title of each such person(s), and the topic(s) on which each such person(s) will testify.
The deposition will take place at the offices of Crowell & Moring LLP, l00l
Pennsylvania Avenue, NW, Washington, DC 20004 beginning on the date and time specified
above. Alternatively, the deposition may commence at such other time and place as may be
agreed upon by counsel. The deposition will be taken before an officer authorized to administer
oaths by the laws of the United States and will be recorded by stenograpliic and/or videographic
means. The deposition will continue from day to day until completed.
OF COUNSEL:
Richard McMillan, Jr. Fr erick , Cottrell, IH (#2555)
[email protected] cottrell@rlfcom
Jeffrey D. Sanok Jameson AL. Tweedie (#4927)
,jsanoi<@crowell. com tweedie@rlf,co1n
Brian M. Koide Richards, Layton & Finger, PA.
bl CROWELL & MORING, LLP 920 North King Street
l00l Pennsylvania Avenue, N W. Wilmington, Delaware 1980l
Washington, DC 20004-2595 (302) 651-7700
(202) 624-2500 Attorneys for Dcfendams
Crea, Inc., NexPress Solutions, Inc.,
Kodak Versaznark, Inc., Eastman
Kociak Company and Kodak Graphic
Conmzzmications Company
Dated: October 4, 2007
- 2 ..
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Case 1:06-cv-OOO32—JJF Document 235 Filed 10/O4/2007 Page 3 of 4
SCHEDULE A
DEFINITIONS & INSTRUCTIONS
Defendants incorporate by reference the Definitions and Instructions of Creo, incfs,
Eastman Kodak Co1npany’s, and Kodak Graphic Cornrnunication Cornpany’s Notice of
Deposition Pursuant to Federal Ruie of Civil Procedure 30(`o)(6), and Creo, Incfs, NexPress
Solutions, lncfs, Kodak Versamark, Incfs, Eastman Kodak Company’s, and Kodak Graphic
Communications Company’s Second Notice of Deposition Pursuant to Federal Rule of
Procedure 30(b)(6),
TOPICS
E6. The dates of each occasion on which RRD (or any management representative of
RRD) considered tiling suit against Kodak regarding any of the patents in suit, the considerations
taken into account on or about those dates, the persons involved in such considerations, and any
decisions or recornruendations that resuited from such consideration,
ET Valuations conducted for RRD by Valuation Research Corporation and American
Appraisal Associates of one or more Patents in Suit.
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Case 1:06-cv-00032-JJF Document 235 Filed 10/O4/2007 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on October 4, 2007, I electronically tiled the foregoing with the
Clerk of Court using CM/ECF which will send notification of such tiling(s) to the following,
who have also been served as noted:
BY HAND DELIVERY & E-MAIL
Jack B. Blrtrnenfeld, Esquire
Rodger D. Smith, II, Esquire
Morris, Nichols, Arsht & Tunneli
l20t North Market Street
P, O, Box E347
Wilmington, DE l9899
I hereby certify that on October 4, 2007, the foregoing was sent to the following non—~
registered participants in the manner indicated:
BY FEDERAL EXPRESS & E-MAIL
Douglas I, Lewis John C1. Hutchinson
Jamie L. Secord Sidley Austin, LLP
Sidley Austin, LLP 787 Seventh Avenue
One South Dearborn Street New York, NY 10019
Chicago, IL 60603
Jgieson . Tweedie (#4927)
[email protected]
RLFI-3163464-l