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

Case 1 :04-cv-01 199-SLR Document 236 Filed 05/12/2006 Page 1 of 2

Issued by the
UNITED STATES Drsrmcr CoURT
WESTERN DISTRICT OF TEXAS
SRI INTERNATIONAL, INC., a California
Corporation,
Plaintiff and
Counterclaim-Defendant,
_ V` SUBPOENA IN A CIVIL CASE
INTERNET SECURITY SYSTEMS, INC., a
Delaware corporation, INTERNET SECURITY CASE NUMBER; i C. A. Ne. 04-1199 (sua)
sYsTEMs, INC., a Georgia eerperatiea, and >
SYMANTEC CORPORATION, a Delaware
corporation,
Defendants and
Counterclaim-Plaintiffs.
TO: Daniel Teal
c/o Day Casebeer Madrid & Batchelder LLP, 20300 Stevens Creek Blvd., Ste. 400, Cupertino, CA 95014
III YOU ARE COMMANDED to appear in the United Stated District Cotut at the place, date, and time specified below
to testify in the above case.
PLACE OF TEsTtMoNY COURTROOM
DATE AND TIME
H YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a
deposition in the above case.
PLACE or DEPos1T1oN DATE AND TIME
Fish & Richardson P.C. May 24, 2006
One Congress Plaza; 111 Congress Avenue, Ste. 810; Austin, TX 78701 9:00 A_M_
IE YOU ARE COMMANDED to produce and pennit inspection and copying of the following documents or objects at
the place, date and time specified below (list documents or objects):
See Attachment A
PLACE DATE AND TIME
Fish & Richardson P.C. May 19, 2006
One Congress Plaza; 111 Congress Avenue, Ste. 810; Austin, TX 78701 9:0Q A_M_
I] YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES DATE AND TIME
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more
officers, directors, or managing agents, or other persons who consent to testify on its behalf; and may set forth, for each
person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUING OFFICER? SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEPENDANT) DATE
, ia; 0,,,,/ t` i’`f if
Attorney for PlaintifHCounterclaim Defendant SRI INTERNATIONAL, INC. May 12) 2006
ISSUING OFFlCER’S NAME, ADDRESS AND PHONE NUMBER
John F. Horvath; Fish & Richardson P.C.; Telephone: 302~652-5070
919 N. Market Street; Suite 1100; P.O. Box 1114; Wilmington, DE 19899-1114 Facsimile: 650-652-0607
(See Rule 45, Federal Rules of Civil Procedure, Pans C & D on the next page)
I lf action is pending in district other than district of issuance, state district under case number.

Case 1 :04-cv-01 199-SLR Document 236 Filed 05/12/2006 Page 2 of 2

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 Amerrca that the foregorng rnformatron
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:
, . person, except that, subject to the provisions of clause (3)(B)(iii)
(C) PROTECTION OF PERSONS SUBJECT IO SUBPOENAS of this rule, such a person may in order to attend trial be commanded to
(1) A party Or an atmmcy responsible for the issuance and travel from any such place within the state in which the trial is held, or
service of a subpoena shall take reasonable steps to avoid imposing undue matter and r§§lgXc?(1?;]€;r ijgiigizrc H2; gfvllcgcd Ol other protected
burden or expense on a person subject to that subpoena. The court on behalf (iv) Sugbcts a crson mpgndug burden
of which the subpoena was issued shall enforce this duty and impose upon J p '
the party or attorney in breach of this duty an appropriate sanction, which
may include, but is not limited to, lost earnings and reasonable attomey’s (B) Ifa subplxma .
{SCS (1) requires disclosure of a I trade secret of other
` confidential research, development, or commercial information, or
(2) (A) A person commanded to produce and permit inspection (ii) requires disclosure of an unretained expert’s opinion or
and copying of designated books, papers, documents or tangible things, or lntgrmatiqn ?_0t dgicmbmg fpccgic mzicms OT Zccurmnccs fm dlsputc
inspection of premises need not appear in person at the place of production an msu tmg mm C expert S Sm y ima E not at t C request O any pdm/’
or inspection unless commanded to appear for deposition, hearing or trial. ur _ _
(iii) requires a person who is not a party of an officer of a party
(B) gubiect to paragraph (d)(2) Of this rule 3 person to incur substantial expense to travel more than 100 miles to attend trial,
commanded to produce and pcmiit inspection and Copgling may the court may, to protect a person subject to or affected by the subpoena,
wtttttd it dtyt after service dttte subpoena dt tetdee the time specified tel qussu sr _ms compliance if such time is less than l4 days after Service, Serve upon the subpoena is issued shows a substantial need for the testimony or material
party Of attomey designated td tite subpoena written dtleetidtt td ITISDCCIIOH usu ssuuss bsijsuswss sus; uu*uuus_uuus;is usrusiuis slid jassusss uuu gis
or copying of any or all of the designated materials or of the premises. If person _tO dw sm the Su pozm is fl drcssc wld ,€ rcisom y
objection is made, the party serving the subpoena shall not be entitled to Compgmatc ’ _t_c court may sr sr appearance Ol pm mmm On Y upon
inspect and copy materials or inspect the premises except pursuant to an Spccl led °°"dm°“S‘
order ofthe court by which the subpoena was issued. lf objection has been
made, the party serving the subpoena may, upon notice to the person V _
commanded to produce, move at any time for an order to compel the (d) DUTIES IN RESPONDING IO SUBPOEN/xs
production. Such an order to compel production shall protect any person _
who is not a party or an officer of a party from significant expense resulting (1) A person Icspondmg IS a subpoena to produce dofmmcms Shan
fmmlhc inspection and Copying commanded produce them as they are kept in the usual course of business or shall
(3) (A) On timely motion the Colm by which 3 subpoena was organize and label them to correspond with the categories in the demand.
issued Shall quash Oi modify the Subpoéna iiii (2) When information subject to a subpoena is withheld on a claim
(i) fails to allow reasonable time lbf compliance, that it is privileged or subject to protection as trial preparation materials,
(ii) requires a person who is not 3 party Oi an Oiiiccr Gia the claim shall be made expressly and shall be supported by a description
party to travel to a place more than l00 miles from the place where that sf the Hmm? sf lhs dOCum€mS’ Commumcamnss sr things mf produced
person resides, is employed Oi regularly mmsacls business in that is sufficient to enable the demanding party to contest the claim.