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 and Counterclaim-Defendant, 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 and Counterclaim-Plaintiffs.

SRI INTERNATIONAL, INC.'S NOTICE OF DEPOSITION PURSUANT TO FED. R. CIV. P. 30(b)(6) TO THIRD-PARTY PNC BANCORP., INC. TO THIRD-PARTY PNC BANCORP., INC.: 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 deposition of third-party PNC Bancorp., Inc. ("Bancorp") at Fish & Richardson P.C., 919 N. Market Street, Suite 1100, Wilmington, Delaware 19899, commencing at 9:00 a.m. on March 30, 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

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videotape. Some or all of the 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, Bancorp 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 to the Subpoena in a Civil Case attached hereto. Bancorp is requested to set forth, for each person designated, the matters on which the person will testify. Dated: March 9, 2006 FISH & RICHARDSON P.C. By: /s/ John F. Horvath John F. Horvath (#4557) FISH & RICHARDSON P.C. 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) Michael J. Curley (CA Bar No. 230343) 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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CERTIFICATE OF SERVICE I hereby certify that on this 9th day of March, 2006, I electronically filed SRI INTERNATIONAL, INC.'S NOTICE OF DEPOSITION PURSUANT TO FED. R. CIV. P. 30(b)(6) TO THIRD-PARTY PNC BANCORP., INC. using CM/ECF which will send notification of such filing to the following:

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 9, 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 191 Peachtree Street N.E. Atlanta, GA 30303-1763 Telephone: 404-572-4600 Facsimile: 404-572-5145 Email: [email protected] Email: [email protected] 1

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

/s/ John F. Horvath John F. Horvath
10606541.DOC

______________________________________________________

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A

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ATTACHMENT A DEFINITIONS AND INSTRUCTIONS 1. "SRI" means SRI International, Inc., including its officers, directors, employees, agents, and attorneys. 2. "Symantec" means Symantec Corp., a Delaware Corporation, including its past and present officers, directors, employees, consultants, agents, and attorneys and others acting or purporting to act on its behalf, and including their predecessors, subsidiaries, parents, and affiliates. 3. "Bancorp," "you," or "your" means PNC Bancorp., Inc., including its past and present officers, directors, employees, consultants, agents, and attorneys and others acting or purporting to act on its behalf, and including their predecessors, subsidiaries, parents, and affiliates. 4. "Accused Products" means all versions of Symantec ManHunt software, Symantec Network Security software, Symantec Network Security 7100 Series appliances, iForce appliances, Symantec Event Manager for Security Gateways, Symantec Advanced Manager for Security Gateways and Symantec Gateway Security 1600, 5400 and 5600 Series appliances. 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. "Thing" means any tangible object other than a Document.

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7. " 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. 8. " Including" shall mean " including but not limited to." 9. 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. 13. Documents within the possession, custody or control of Bancorp means documents within the possession, custody or control of any current or former attorney, employee, partner, corporate parent, subsidiary, affiliate, agent, representative, officer, or director of Bancorp, and other persons acting on Bancorp's behalf. 14. For any information deliberately withheld, please provide a written statement setting forth: (1) the identify of each Person from and to whom the information has been

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communicated; (2) a brief description of the subject matter of the information; and (3) the legal ground relied upon in withholding the information.

TOPICS 1. The quantity you obtained and price you paid for any of the Accused Products and/or any related Symantec products, software, systems, and/or services, including, for example, Symantec's Managed Security Services, purchased and/or licensed by you since January 1, 2003. 2. Payments made since January 1, 2003, for the purchase and/or licensing of the Accused Products and/or related Symantec products, software, systems, and/or services, including, for example, Symantec's Managed Security Services. 3. The configuration and deployment of any of the Accused Products used by you, including the configuration and topology of the network(s) within which they are deployed and the physical and logical connections between the Accused Products and your network infrastructure. 4. Your use of the intrusion detection, prevention and/or analysis functionality of the Accused Products. 5. Cost savings, expenditure reductions, price reductions or other economic benefits you believe were realized related, directly or indirectly, to your use of the Accused Products. 6. Services provided by Symantec to you related to the Accused Products, including, for example, Symantec's Managed Security Services. 7. Communications with and/or instructions, directions, or information from Symantec relating to the installation, deployment or use of any intrusion detection, prevention, and/or analysis functionality of the Accused Products. 3

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8. The authenticity of documents produced in response to Plaintiff SRI International, Inc.' s Subpoena to Bancorp.

REQUESTS FOR PRODUCTION OF DOCUMENTS REQUEST FOR PRODUCTION NO. 1: Documents sufficient to show the quantity you obtained and price you paid for any of the Accused Products and/or any related Symantec products, software, systems, and/or services, including, for example, Symantec' s Managed Security Services, purchased and/or licensed by you since January 1, 2003. REQUEST FOR PRODUCTION NO. 2: Documents sufficient to show all payments made since January 1, 2003, for the purchase and/or licensing of the Accused Products and/or related Symantec products, software, systems, and/or services, including, for example, Symantec' s Managed Security Services. REQUEST FOR PRODUCTION NO. 3: Documents sufficient to completely describe the configuration and deployment of any of the Accused Products used by you, including the configuration and topology of the network(s) within which they are deployed and the physical and logical connections between the Accused Products and your network infrastructure. REQUEST FOR PRODUCTION NO. 4: Documents sufficient to describe your use of the intrusion detection, prevention and/or analysis features or functionality of the Accused Products.

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REQUEST FOR PRODUCTION NO. 5: All documents related to cost savings, expenditure reductions, price reductions or other economic benefits you believe were realized related, directly or indirectly, to your use of the Accused Products. REQUEST FOR PRODUCTION NO. 6: All documents related to services provided by Symantec to you related to the Accused Products, including, for example, Symantec' s Managed Security Services. REQUEST FOR PRODUCTION NO. 7: All documents related to communications with and/or instructions, directions, or information from Symantec related to the installation, deployment or use of any intrusion detection, prevention, and/or analysis functionality of the Accused Products.

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