Free Notice of Service - District Court of Delaware - Delaware

Case 1:04-cv-01373-KAJ

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

AMPEX CORPORATION, Plaintiff, v. EASTMAN KODAK COMPANY, ALTEK CORPORATION, and CHINON INDUSTRIES, INC., Defendants.

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C.A. No. 04-1373 (KAJ)

NOTICE OF SERVICE OF SUBPOENA DUCES TECUM Please take notice that pursuant to the accompanying Subpoena and Rules 34 and 45 of the Federal Rules of Civil Procedure, Pamela Crocker is commanded to produce for inspection and copying the documents in her possession, custody or control designated in Attachment A to the Subpoena commencing at 9:30 a.m. on September 5, 2006, at the offices of LV Falvo Private Investigations and Process Service, 183 East Main St., Suite 725, Rochester, NY 14604, or at such other mutually convenient time and place as may be agreed. The undersigned hereby certifies that the subpoena attached hereto directed to Pamela Crocker was served on August 22, 2006, upon the following counsel: BY EMAIL AND FEDERAL EXPRESS S. Calvin Walden Wilmer Cutler Pickering Hale and Dorr LLP 399 Park Avenue New York, NY 10022

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BY EMAIL Collins J. Seitz Jr. Connolly Bove Lodge & Hutz LLP 1007 North Orange Street P.O. Box 2207 Wilmington, DE 19899 Michael J. Summersgill Wilmer Cutler Pickering Hale and Dorr LLP 60 State Street Boston, MA 02109

MORRIS, NICHOLS, ARSHT & TUNNELL LLP /s/ Julia Heaney Jack B. Blumenfeld (#1014) Julia Heaney (#3052) 1201 North Market Street P.O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200 [email protected] [email protected] Attorneys for Plaintiff Ampex Corporation

OF COUNSEL: Jesse J. Jenner Sasha G. Rao Ropes & Gray LLP 1251 Avenue of the Americas New York, New York 10020 (212) 596-9000 Norman H. Beamer Gabrielle E. Higgins Ropes & Gray LLP 525 University Avenue Palo Alto, California 94301 (650) 617-4000 James E. Hopenfeld Ropes & Gray LLP One Metro Center 700 12th Street, NW Washington, DC 20005 (202) 508-4600 August 22, 2006
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ATTACHMENT A DEFINITIONS a) "Kodak" means Eastman Kodak Company, and any and all of its: (i) divisions, departments, branches, domestic and foreign subsidiaries, business units, jointventure entities, parents, partners, OEMs, predecessors-in-interest, successors-in-interest, or any other related or affiliated entities (ii) its present and former officials, executives, directors, officers, agents, employees, consultants, attorneys; and (iii) all others acting or purporting to act on behalf of any of the foregoing. b) "Opinion" means the "Opinion With Respect to Non-Infringement of U.S. Patent No. 4,821,121 (Beaulier) Assigned to Ampex Corporation" addressed from Stan Torgovitsky to Pamela Crocker, dated September 2, 2005. c) "'121 Patent" means U.S. Patent No. 4,821,121.

d) "Any" and "each" should be understood to include and encompass "all"; "or" should be understood to include and encompass "and"; and "and" should be understood to include and encompass "or." e) "Document" as used herein is used in its broadest sense contemplated by Rule 34 of the Federal Rules of Civil Procedure and include, without limitation, the original and all non-identical copies (including those with any notations) of the following items: agreements and contracts; assignments; licenses; correspondence; reports, notes and memoranda; summaries, minutes, notes and records of telephone conversations, meetings and conferences; reports and/or summaries of investigations; opinions and reports of experts and consultants; statements of persons having knowledge of relevant facts; cablegrams and telex messages; patents, registrations of service or trademarks, copyrights, and applications for each of them; opinions of counsel; sales records, including purchase orders, order acknowledgments and invoices; books of account; statements, bills, checks and vouchers; brochures, pamphlets, catalogs, sales literature and sales promotion material; advertisements; trade letters, notices and announcements, and press releases; specification sheets and diagrams; warranty forms; notebooks, data sheets, microfilm, microfiche, photographic negatives, architectural diagrams, blueprints, schematics, hardware description language listings, block, logic and timing diagrams, pictures and photographs; all data or information stored on computer-readable media, such as electro-magnetic or other disks, diskettes, hard disk drives, tapes, cartridges, and CD-ROM, including, but not limited to, software, firmware, source code, and electronic mail. f) "Communications" means any of the following: (i) any written letter, memorandum, e-mail or other document; (ii) any telephone call between two or more persons, whether or not such call was by chance or prearranged, formal or informal; and (iii) and conversation or meeting between two or more persons, whether or not such call was by chance or prearranged, formal or informal.

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g) "Relating to" means constituting, comprising, containing, consisting of, evidencing, setting forth, proposing, showing, disclosing, describing, discussing, explaining, summarizing, concerning, reflecting, authorizing, or referring to, directly or indirectly. h) "Person" means natural persons and any and all other legal entities, including without limitation, individuals, corporations, companies, firms, partnerships, joint ventures, proprietorships, associations, governmental bodies or agencies, or other form of business enterprise. INSTRUCTIONS a) Pamela Crocker is requested to produce all responsive documents and things (including any stored by electronic means) within its possession, custody or control. b) If a document once existed and has subsequently been lost, destroyed, or is otherwise missing, please identify the document and state the details concerning the loss of such document. c) Should you find a meaning of any term in these discovery requests to be unclear, then you should assume a reasonable meaning, state what that assumed meaning is, and answer the request on the basis of that assumed meaning. d) These discovery requests are deemed to be continuing in nature, and you are requested to amend and/or supplement the answers hereto in accordance with the Federal Rules of Civil Procedure and the Local Rules of this Court as is necessary to maintain the accuracy of the answers. DOCUMENT REQUESTS 1. All documents relating to the `121 Patent or its foreign counterparts.

2. All documents relating to any written or oral opinion, including without limitation the Opinion, relating to infringement or non-infringement of the `121 Patent, including without limitation all drafts, analyses, and attorney notes or work product relating to such opinion. 3. All documents relating to any analysis of the '121 Patent, including infringement thereof, conducted by Pamela Crocker at any time from August 29, 2001 through December 31, 2001, including without limitation all documents used or relied upon in each such analysis. 4. All email and other communications authored or received by Pamela Crocker at any time during the period August 29, 2001 through December 31, 2001, relating to Ampex, the '121 Patent, or any analysis thereof.

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5. All personal and business calendars (including electronic versions) that belonged to, or were created, edited, or used by Pamela Crocker at any time during the period August 29, 2001 through December 31, 2001.

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CERTIFICATE OF SERVICE I, Julia Heaney, hereby certify that on August 22, 2006, I caused to be electronically filed the foregoing with the Clerk of the Court using CM/ECF, which will send notification of such filing(s) to the following: Collins J. Seitz, Jr., Esquire Jaclyn Mason, Esquire Connolly, Bove, Lodge & Hutz LLP and that I caused copies to be served upon the following in the manner indicated: BY EMAIL AND FEDERAL EXPRESS S. Calvin Walden Wilmer Cutler Pickering Hale and Dorr LLP 399 Park Avenue New York, NY 10022 BY EMAIL Collins J. Seitz Jr. Connolly Bove Lodge & Hutz LLP 1007 North Orange Street P.O. Box 2207 Wilmington, DE 19899 Michael J. Summersgill Wilmer Cutler Pickering Hale and Dorr LLP 60 State Street Boston, MA 02109

/s/ Julia Heaney Julia Heaney (#3052)