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

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SRI INTERNATIONAL, INC., a California Corporation, Plaintiff, v. INTERNET SECURITY SYSTEMS, INC., Case No. 04-1199-SLR a Delaware corporation, INTERNET SECURITY SYSTEMS, INC., a Georgia corporation, and SYMANTEC CORPORATION, a Delaware corporation, Defendants.

SRI INTERNATIONAL, INC.'S THIRD NOTICE OF DEPOSITION PURSUANT TO FED. R. CIV. P. 30(b)(6) TO INTERNET SECURITY SYSTEMS, INC., A DELAWARE CORPORATION, AND INTERNET SECURITY SYSTEMS, INC., A GEORGIA CORPORATION TO DEFENDANTS INTERNET SECURITY SYSTEM, INC., A DELAWARE CORPORATION, AND INTERNET SECURITY SYSTEM, INC., A GEORGIA CORPORATION, BY AND THROUGH THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE THAT, pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, plaintiff SRI International, Inc. ("SRI") will take the depositions of defendants Internet Security Systems, Inc., a Delaware corporation, and Internet Security Systems, Inc., a Georgia Corporation (collectively "ISS"), at a mutually agreed upon location, commencing at 9:30 a.m. on April 15, 2006 or at another time agreed upon by the parties, or ordered by the Court. The deposition will continue from day to day thereafter until complete. The deposition will take place upon oral examination pursuant to the Federal Rules of Civil Procedure before an officer duly authorized by law to administer oaths and record testimony. Some or all of the deposition testimony may be recorded stenographically and may be recorded by videotape. Some or all of the

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deposition testimony may involve real-time computer connection between the deposition taker and stenographer using software such as " LiveNote." Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, ISS is obligated to designate one or more of its officers, directors, or managing agents, and/or one or more other persons who consent to testify on its behalf concerning the matters set forth in Attachment A. ISS is requested to set forth, for each person designated, the matters on which the person will testify.

Dated: March 21, 2006

FISH & RICHARDSON P.C. By: /s/ John F. Horvath John F. Horvath (#4557) 919 N. Market St., Ste. 1100 P.O. Box 1114 Wilmington, DE 19889-1114 Telephone: (302) 652-5070 Facsimile: (302) 652-0607 Howard G. Pollack (CA Bar No. 162897) Gina M. Steele (CA Bar No. 233379) Katherine D. Prescott (CA Bar No. 215496) Fish & Richardson P.C. 500 Arguello St., Ste. 500 Redwood City, CA 94063 Telephone: (650) 839-5070 Facsimile: (650) 839-5071 Attorneys for Plaintiff and Counterclaim-defendant SRI INTERNATIONAL, INC.

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ATTACHMENT A DEFINITIONS AND INSTRUCTIONS 1. " SRI" means SRI International, Inc., including its officers, directors,

employees, agents, and attorneys. 2. " ISS" " Defendants," " you," or " your" means Internet Security Systems,

Inc., a Delaware corporation, and Internet Security Systems, Inc., a Georgia corporation, including their past and present officers, directors, employees, consultants, agents, and attorneys and others acting or purporting to act on their behalf, and including their predecessors, subsidiaries, parents, and affiliates. 3. " Symantec" means Symantec Corp., a Delaware corporation, including

their past and present officers, directors, employees, consultants, agents, and attorneys and others acting or purporting to act on their behalf, and including their predecessors, subsidiaries, parents, and affiliates. 4. The phrase " Accused Products" means those products identified in ISS'

responses to SRI Interrogatory No. 1 and Natasha A. Moffitt's September 6, 2005 and August 16, 2005 letters to Michael J. Curley. 5. The word " Document" is used herein in its broadest sense to include

everything that is contemplated by Rule 26 and Rule 34 of the Federal Rules of Civil Procedure, including Documents stored in hard copy or electronic form. Electronic Documents include electronic mail, computer source code, object code, and microcode, and Documents stored on any media accessible by electronic means. A comment or notation appearing on any " Document" and not a part of the original text is to be considered a separate " Document" . 6. 7. " Thing" means any tangible object other than a Document. " Person" or " Persons" include not only natural individuals, but also,

without limitation, firms, partnerships, associations, corporations, and other legal entities, and divisions, departments, or other units thereof.

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8. 9.

" Including" shall mean " including but not limited to." The terms " and" and " or" shall be construed conjunctively or

disjunctively, whichever makes the individual request more inclusive. 10. The singular and masculine form of any noun or pronoun shall embrace

and be read and applied as embracing the plural, the feminine, and the neuter, except where circumstances clearly make it inappropriate. 11. " Concerning" means relating to, referring to, describing, discussing,

depicting, evidencing, identifying or constituting. 12. The terms " refer," " referring," " relate," or " relating" as used herein

include, but are not limited to the following meanings: bearing upon, concerning, constituting, discussing, describing, evidencing, identifying, concerning, mentioning, in connection with, pertaining to, respecting, regarding, responding to, or in any way factually or logically relevant to the matter described in the request.

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TOPICS 31. All communications between ISS and Symantec, including without

limitation their attorneys, agents, and representatives, relating to the RealSecure and Proventia line of products, including without limitation, all communications concerning topics 1 through 8 of Symantec' s 30(b)(6) notice to depose ISS. 32. All communications between ISS and Symantec, including without

limitation their attorneys, agents, and representatives, relating to the ManHunt, Symantec Network Security 7100 Series, iForce, Symantec Gateway Security 5400 Series and Blackbird lines of products, including without limitation, all communications concerning topics 1 and 2 of ISS' s 30(b)(6) notice to depose Symantec.

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CERTIFICATE OF SERVICE I hereby certify that on this 21st day of March 2006 , I electronically filed SRI INTERNATIONAL, INC.'S THIRD NOTICE OF DEPOSITION PURSUANT TO FED. R. CIV. P. 30(B)(6) TO INTERNET SECURITY SYSTEM, INC., A DELAWARE CORPORATION, AND INTERNET SECURITY SYSTEM, INC., A GEORGIA CORPORATION using CM/ECF which will send notification of the filing to the following Delaware counsel. A copy of the document will also be hand-delivered. Richard L. Horwitz David E. Moore Potter Anderson & Corroon LLP Hercules Plaza 1313 North Market Street, 6th Floor P.O. Box 951 Wilmington, DE 19899 Telephone: 302-984-6000 Facsimile: 302-658-1192 Email: [email protected] Email: [email protected] Richard K. Herrmann Morris James Hitchens & Williams LLP 222 Delaware Avenue, 10th Floor P.O. Box 2306 Wilmington, DE 19899-2306 Telephone: 302-888-6800 Facsimile: 302-571-1750 Email: [email protected] Attorneys for Defendant/Counterclaim Plaintiffs Internet Security Systems, Inc., a Delaware corporation, and Internet Security Systems, Inc., a Georgia corporation

Attorneys for Defendant/Counterclaim Plaintiff Symantec Corporation

I also certify that on March 21, 2006, I mailed by United States Postal Service and by electronic mail, the above document(s) to the following non-registered participants: Holmes J. Hawkins, III Natasha H. Moffitt King & Spalding LLP 1180 Peachtree Street Atlanta, GA 30309 Telephone: 404-572-4600 Facsimile: 404-572-5145 Email: [email protected] Email: [email protected] Attorneys for Defendant/Counterclaim Plaintiffs Internet Security Systems, Inc., a Delaware corporation, and Internet Security Systems, Inc., a Georgia corporation

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Theresa A. Moehlman Jeffrey Blake Bhavana Joneja King & Spalding LLP 1185 Avenue of the Americas New York, NY 10036 Telephone: 212-556-2100 Facsimile: 212-556-2222 Email: [email protected] Email: [email protected] Email: [email protected] Paul S. Grewal Robert M. Galvin, Esq. Lloyd R. Day, Jr. Day Casebeer Madrid & Batchelder, LLP 20300 Stevens Creek Boulevard, Suite 400 Cupertino, California 95014 Telephone: 408-873-0110 Facsimile: 408-873-0220 Email: [email protected]

Attorneys for Defendant/Counterclaim Plaintiffs Internet Security Systems, Inc., a Delaware Corporation, and Internet Security Systems, Inc., a Georgia Corporation

Attorneys for Defendant/Counterclaim Plaintiff Symantec Corporation

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/s/ John F. Horvath John F. Horvath