Free Subpoena - District Court of Delaware - Delaware

* I Case 1:04-cv-00901-JJF Document 87-3 Filed 10/12/2005 Page1 014

Case 1:04-cv-00901-JJF Document 87-3 Filed 10/12/2005 Page 2 of 4
ExhibitA
There is a Protective Order in this action, a copy of which is attached as Exhibit
B. Paragraph 16 of the Protective Order provides that you may produce documents and
give testimony in this case subject to the Protective Order by using an appropriate
designation.
DEFINITi0NS AND INSTRUCTIONS
As used herein:
1. The terrn "Litigation" nieans any legal dispute between Applera and
Illuniina, including but not limited to the case Iilumina, Inc. v. Appiera Corp., Case it
GIC80l6l8 in San Diego Superior Court, the patent infringement case tiled in the
Northern Bistrict of California, and any arbitrations between Illurnina and Applera.
2. The term "pleadings” means any submission to the court, either the
Superior Court, the Federal District Court, or any appellate court, or arbitration panel in
the Litigation, as well as any written discovery exchanged between the parties to the
Litigation, including but not limited to document requests and responses, interrogatories
and responses, and requests for admission and responses.
3. The term "transcripts” means any recordation of testimony, whether in
court or in deposition, or hearings in the Litigation.
4. The term "Applera" means Applera Corp. and its affiliates, parents,
predecessors, successors, assigns, subsidiaries, servants, employees, ofticers, directors,
agents, representatives, investigators, attorneys and all other persons and entities
representing or acting on its behalf.

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5. The term "Illumina" means lllumina, lnc. and its aftiliates, parents,
predecessors, successors, assigns, subsidiaries, servants, employees, officers, directors,
agents, representatives, investigators, attorneys and all other persons and entities
representing or acting on its behalf.
6. This request covers all documents in the possession, custody or control of
the responding party or the custody and control of his directors, officers, employees,
agents, attorneys or representatives of any kind wherever those documents are located.
7. The connectives "and" and “or" as used herein shall he construed
conjunctively or disjunctively as necessary to bring within the scope of the discovery
request all responses that might otherwise he construed to be outside of its scope.
S. Any word written in the singular shall he construed as plural or vice»versa
when necessary to facilitate, or bring within its scope ali responses that might otherwise
be construed to be outside of its scope.
9. To the extent that the documents requested herein are not produced as they
are kept in the usual course of business, then as to each document produced, indicate the
numher or numbers ofthe requests below to which the document is responsive.
l0. The use of the present tense includes the past tense, and the use of the past
tense includes the present tense, so as to be inclusive of any documents which otherwise
may be excluded from production.
ll. lf any document requested herein is withheld pursuant to any objection
based upon privilege, identify each document for which the privitege is claimed and state:
a. the type of document (letter, report, memoranda, etc.), including
any title or identifying number thereon;

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b. Its date of origin or preparation;
c. The name of its author or originator;
d. The name of its addressee(s), if any;
e. A brief summary of its substance; and
f. A factual and legal basis upon which a privilege is claimed
sufficient to permit the Court to adjudicate the validity of the
claim.
12. If any document requested to be produced herein was in your possession,
custody or control, but has since been disposed of, lost, discarded, destroyed, or
otherwise has become unavailable within four (4) years of the date of this request, please
identify which documents were destroyed and state further the identity of the person who
ordered them destroyed andthe reason for their destruction.
DOCUMENTS AND THINGS TO BE PRODUCED
l. All pleadings tiled or served in the Litigation.
2. All transcripts of depositions in the Litigation.
3. All transcripts of hearings inthe Litigation.