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

Case 1:04-cv-01373-KAJ

Document 445

Filed 08/22/2006

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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 DEPOSITION OF DEFENDANT EASTMAN KODAK COMPANY PLEASE TAKE NOTICE: Pursuant to Federal Rule of Civil Procedure

30(b)(6), Ampex will take the deposition of Defendant Eastman Kodak Company ("Kodak"), commencing on September 13, 2006, at 11:00 a.m., at the Hyatt Regency, 125 East Main Street, Rochester, New York, USA 14604, or at such other time and place agreed upon by the counsel to the parties. Kodak shall designate one or more of its officers, directors or managing agents, or other persons with knowledge of the matters set forth in Schedule A of this notice to appear and testify on its behalf at the deposition. The persons so designated shall testify as to matters known or reasonably available to Kodak. This examination will be taken before a Notary Public or other person authorized to administer oaths and will be recorded stenographically and/or by video and shall continue from day to day until completed. You are invited to attend and cross-examine.

Case 1:04-cv-01373-KAJ

Document 445

Filed 08/22/2006

Page 2 of 4

MORRIS, NICHOLS, ARSHT & TUNNELL LLP /s/ Julia Heaney Jack B. Blumenfeld (#1014) Julia Heaney (#3052) 1201 North Market Street Wilmington, DE 19899-1347 (302) 575-7291 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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Case 1:04-cv-01373-KAJ

Document 445

Filed 08/22/2006

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SCHEDULE A INSTRUCTIONS AND DEFINITIONS Ampex incorporates by reference the instructions and definitions set forth in its First, Fourth, and Sixth Sets of Document Requests to Defendant Eastman Kodak. SUBJECT MATTER CATEGORIES 1. Each study, analysis, or opinion, whether written or oral, relating to infringement or non-infringement of the Patent-in-Suit. 2. All written and oral communications relating to each study, analysis, or opinion, whether written or oral, relating to infringement or non-infringement of the Patent-inSuit. 3. All written or oral communications between Kodak, or its attorneys, and any person involved in the drafting of opinion(s) of counsel upon which Kodak intends to rely, including without limitation any person involved in any analysis related to such opinion(s). 4. All advice of counsel Kodak received or obtained regarding infringement or non-infringement of the Patent-in-Suit. 5. All actions taken by Kodak in response to, or in reliance upon, advice of counsel, including without limitation opinion(s) of counsel, regarding infringement or noninfringement of the Patent-in-Suit. 6. All actions taken by Kodak in response to receiving notice of, or becoming aware of, the Patent-in-Suit, whether such notice was received through communication with Ampex or otherwise. 7. All actual or proposed product clearances conducted by Kodak that involved the Patent-in-Suit, including without limitation the circumstances surrounding each actual or proposed product clearance. 8. The identity, location and detailed explanation of all documents and things concerning the foregoing topics. 9. The identity and location of persons knowledgeable about the foregoing topics.

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Case 1:04-cv-01373-KAJ

Document 445

Filed 08/22/2006

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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)