Free Notice (Other) - District Court of Delaware - Delaware

Case 1:04-cv-01199-SLR

Document 170

Filed 03/15/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

) ) ) Plaintiff and ) Counterclaim-Defendant, ) ) v. ) ) INTERNET SECURITY SYSTEMS, INC., ) a Delaware Corporation, INTERNET ) ) SECURITY SYSTEMS, INC., a Georgia Corporation, and SYMANTEC ) CORPORATION, a Delaware Corporation, ) ) ) Defendants and Counterclaim-Plaintiffs. ) SRI INTERNATIONAL, INC., a California Corporation,

C. A. No.: 04-1199 (SLR)

NOTICE OF SUBPOENA FOR DEPOSITION OF THOMAS GIBSON TO: John F. Horvath Fish & Richardson P.C. 919 Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19899 Howard G. Pollack Michael J. Curley Fish & Richardson P.C. 500 Arguello Street, Suite 500 Redwood City, CA 94063

PLEASE TAKE NOTICE that pursuant to Rule 45, Fed. R. Civ. P., Defendants and Counterclaim-Plaintiffs Internet Security Systems, Inc., a Georgia corporation ("ISS-GA"), Internet Security Systems, Inc., a Delaware corporation ("ISS-DE"), and Symantec Corporation ("Symantec"), by their counsel, have served or will serve the accompanying subpoena for deposition, by oral examination, of Timothy Gibson. The deposition is to commence at 9:00 a.m. on March 22, 2006 at the offices of Defense Advanced Research Projects Agency or at such alternative date, time, and place as may be mutually agreed upon by counsel for ISS-GA, ISS-DE, Symantec and Timothy Gibson. The

Case 1:04-cv-01199-SLR

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deposition shall be recorded by stenographic and videographic means before a notary public or other officer authorized by law to administer oaths, and will continue from day to day until completed, weekends and holidays excepted, with adjournments as to time and place as may be necessary. Some or all of the deposition testimony may involve real-time computer connection between the deposition taker and court reporter using software such as "LiveNote." You are invited to attend. Dated: March 15, 2006

/s/ Richard K. Herrmann Richard K. Herrmann (#405) Morris James Hitchens & Williams LLP 222 Delaware Avenue, 10th Floor Wilmington, DE 19801 Tel: (302) 888-6800 [email protected] Attorneys for Defendants and Counterclaim-Plaintiffs SYMANTEC CORPORATION OF COUNSEL: Lloyd R. Day, Jr. Robert M. Galvin Paul S. Grewal Renee DuBord Brown Day Casebeer Madrid & Batchelder LLP 20300 Stevens Creek Blvd., Suite 400 Cupertino, CA 95014 Tel: (408) 873-0110

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A088 (Rev . 1/94) Subpoena in a Civil Case

Case 1:04-cv-01199-SLR

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA SRI INTERNATIONAL, INC . Plaintiff and Counterclaim-Defendant,
V.

SUBPOENA IN A CIVIL CASE

INTERNET SECURITY SYSTEMS, INC., a Delaware Corporation, INTERNET SECURITY SYSTEMS, INC ., a Georgia Corporation, and SYMANTEC CORPORATION, a Delaware Corporation, Defendants and Counterclaim-Plaintiffs . Timothy Gibson Defense Advanced Research Projects Agency 3701 North Fairfax Drive Arlington, VA 22203-1714

TO :

to testify in the above case .
PLACE OF TESTIMONY

Q YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below
COURTROOM

DATE AND TIME

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 OF DEPOSITION

Defense Advanced Research Projects Agency 3701 North Fairfax Drive Arlington, VA 22203-1714

DATE AND TIME

March 22, 2006 9 :00 a.m.

UYOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents and objects) :
PLACE DATE AND TIME

[]YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below .
PREMISES DATE AND TIME



Case 1:04-cv-01199-SLR Document 170 Filed 03/15/2006 Page of 6 Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall4designate 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 DEFENDANT) DATE

'Attorney for Internet Security Systems, Inc ., a Georgia Corporation and Internet Security Systems, Inc ., a Delware Corporation
Attorney for Symantec Corporation
ISSUING OFFICERS NAME, ADDRESS AND PHONE NUMBER

JNPOW-0 -

qm%

/ $ 6G-

March 15, 2006

March 15, 2006

Bhavana Joneja King & Spalding LLP 1185 Avenue of the Americas New York, NY 10036 Tel : (212) 556-2100

Paul S . Grewal Day Casebeer Madrid & Batchelder LLP 20300 Stevens Creek Boulevard Suite 400 Cupertino, CA 95014 Tel : (408) 873-0110



Case in a Civil Case A088 Rev. 1/94 Sub oena 1:04-cv-01199-SLR

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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 America that the foregoing information 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 :
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS . (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena . The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction which may include, but is not limited to, lost earnings and reasonable attorney's fee . (2) (A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing ortrial .

of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held, or (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or (iv) subjects a person to undue burden . (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the experts's study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a' party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect the person subject to or affected by the subpoena, quash or modify the subpoena, or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions .

(B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of subpoena or before the time specified for compliance if such time is less than 14 days after service, serve subpoena written upon the party or attorney designated in the objection to inspection or copying of any or all of the designated materials or of the premises . If objection is made, the party serving (d) DUTIES IN RESPONDING TO SUBPOENA . the subpoena shall not be entitled to inspect and copy materials or inspect the premises except pursuant to an order of the court by which the (1) A person responding to a subpoena to produce documents shall subpoena was issued . If objection has been made, the party serving the produce them as they are kept in the usual course of business or shall subpoena may, upon notice to the person commanded to produce, move at organize and label them to correspond with the categories in the any time for an order to compel the production . Such an order to compel demand . production shall protect any person who is not a party or an officer of a (2) When information subject to a subpoena is withheld on a claim party from significant expense resulting from the inspection and copying that it is privileged or subject to protection as trial preparation materials, the commanded . claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that (3) (A) On timely motion, the court by which a subpoena was is sufficient to enable the demanding party to contest the claim . issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, expect that, subject to the provisions of clause (c)(3)(B)(iii)

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CERTIFICATE OF SERVICE I hereby certify that on the 15th day of March, 2006, I electronically filed the foregoing document, NOTICE OF SUBPOENA FOR DEPOSITION OF TIMOTHY GIBSON, with the Clerk of the Court using CM/ECF which will send notification of such filing to the following: John F. Horvath, Esq. Fish & Richardson, P.C. 919 North Market Street, Suite 1100 Wilmington, DE 19801 Richard L. Horwitz, Esq. David E. Moore, Esq. Potter Anderson & Corroon LLP Hercules Plaza 1313 North Market Street, 6th Floor Wilmington, DE 19801

Additionally, I hereby certify that on the 15th day of March, 2006, the foregoing document was served via email on the following non-registered participants: Howard G. Pollack, Esq. Michael J. Curley, Esq. Fish & Richardson 500 Arguello Street, Suite 500 Redwood City, CA 94063 650.839.5070 Holmes Hawkins, III, Esq. King & Spalding 191 Peachtree Street, N.E. Atlanta, GA 30303-1763 404.572.4600 Theresa Moehlman, Esq. King & Spalding LLP 1185 Avenue of the Americas New York, NY 10036-4003 212.556.2100

/s/ Richard K. Herrmann Richard K. Herrmann (#405) Mary B. Matterer (#2696) Morris, James, Hitchens & Williams LLP 222 Delaware Avenue, 10th Floor Wilmington, DE 19801 (302) 888-6800 [email protected] Counsel for Defendant SYMANTEC CORPORATION

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