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

Case 1:04-cv-00876-GMS

Document 167

Filed 05/23/2006

Page 1 of 10

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE TELCORDIA TECHNOLOGIES INC., Plaintiff/Counterclaim Defendant, ) ) ) ) ) ) ) ) ) ) )

v. CISCO SYSTEMS, INC., Defendant/Counterclaim Plaintiff.

Civil Action No. 04-876-GMS

NOTICE OF WITHDRAWAL OF SUBPOENA PLEASE TAKE NOTICE that Cisco Systems, Inc. hereby withdraws the attached subpoena directed to John F. Bailey. MORRIS, NICHOLS, ARSHT & TUNNELL LLP /s/ Leslie A. Polizoti Jack B. Blumenfeld (#1014) Leslie A. Polizoti (#4299) 1201 North Market Street Wilmington, DE 19899-1347 (302) 658-9200 [email protected] Attorneys for Cisco Systems, Inc. OF COUNSEL: Matthew D. Powers Edward R. Reines Jessica L. Davis Sonal N. Mehta Thomas King WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 (650) 802-3000 Ryan Owens WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, NY 10153 (212) 310-8000 May 23, 2006
.

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Case 1:04-cv-00876-GMS

Document 167
Issued by the

Filed 05/23/2006

Page 2 of 10

United States District Court
CENTRAL DISTRICT OF CALIFORNIA
TELCORDrA TECHNOLOGIES, Inc. Plaintiff
CISCO SYSTEMS, INC.

Defendant.

SUBPOENA IN A CIVIL CASE CASE NUMBER: 1 04- 876 GMS (District of Delaware)

TO: John F. Bailey
5940 Grey Rock Agoura Hills, CA 91301
D YOU ARE COMMANDED to appear in the United States District Court at the place , date, and time specified below to testify in the above case. COURTROOM

PLACE OF TESTIMONY

DATE AND TIME 0 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 DATE AND TIME
Latham & Watkins

PLACE
Latham & Watkins

633 West Fifth Street May 24 , 2006 Los Angeles , CA 900719:30 a. 0' YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects

, Suite 4000

2007

at the place , date , and time specified below (list documents or objects): SEE A TT ACHMENT A DA TE AND TIME
c/o Sean Pak

633 West Fifth Street, Suite 4000 Los Angeles, CA 90071- 2007

May 23, 2006 9:30 a.

PREMISES
~/$J~J3

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

Any organization not a party to this suit that is subpoenaed for the raking of a deposition shal1 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 DATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) May 18, 2006
ATTORNEYS FOR DEFENDANT CISCO SYSTEMS , INC ISSUING OFFICER' S NAME , ADDRESS AND PHONE NUMBER Sonal N. Mehta , Weil , Gotshal & Manges LLP , 201 Redwood Shores Parkway, Redwood Shores, California 94065; Telephone: (650) 802- 3000

(See Rule 45, Federal Rules of Civil Procedure Parts C & D on Reverse) j If action is pending in district other than district of issuance , state district under case number.

SV1 :\247656\OJ \5133C01 !. DOC\35826. 0048

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Document 167

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DATE
SERVED

PROOF OF SERVICE PLACE

SERVED ON (PRINT NAME)
SERVED BY (PRINT NAME)

MANNER OF SERVICE
TITLE

DECLARATION 01" 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

SIGN A

TORE

OF SERVER

ADDRESS OF SERVER

Rule 45. Federal Rules of Civil Procedure. Parts C & D:

(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.

that ,

subject to the provisions of clause (c)(3)(B)(iii) of

this rule,

such a person may in order to attend trial be commanded to travel from any

(1) A party or an attorney responsible for the issuance and service of a subpocna shall take reasonable steps to avoid imposing unduc burden or
expense on a person subject to that subpoena- The court on behalf of which the subpoena was issued shalt 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 a reasonable attorney s fcc.

such place witrjn the state in which the trial is held , or (iii) requires disclosure of privileged or other protected mattcr and no exception or waiver applies, or (iv) subjects a person to undue burden.

(B) If a subpoena
(i) requires disclosure of a tradc secret or other confidential

(2)(A) A person conunanded to produce and peffi1it inspection and copying
of designated books, papers ,

documents or tangible things. or inspection of

research. developmcnt. or commercial information. or
(ii) required disclosure of an unretained expert s opinion or information not dcscribing specific events or occurrences in dispute and

premises need not appear in person at the place of production or inspection
unless commanded to appear for deposition , hearing or trial.

(B) Subject to paragraph (d)(2) of this rule ,
subpoena written objection to inspection
designated materials or of

a person conunanded to

produce and permit inspection and copying may. within 14 days after service of the subpoena or before the time specified for compliance if such time is less
than 14 days after service, serve upon the party or attorney designated in the
or copying of any or all of the

resulting from the expert'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 , tile court may, to protect a 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 othcrwise

the premises. If objection is made , the party serving

the subpoena shall not be entitled to inspect and copy the materials or inspect the premiscs except pursuant to an order of the court by which the subpoena was issued. If objection has been made . the party serving the subpoena may, upon notice to the person commanded w produce . move at any time for an order to compel the 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 from the inspection and copying commanded.

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.

(d) DUnES IN RESPONDING TO SUBPOENA.
(I) A person responding to a subpoena to prodnce documents shall produce them as they arc kept in the usual course of business or shall organize and label them to correspond with the categories in the demand-

(3)(A) On timely motion. the court by which a subpoena was issued shall quash or modify the subpoena if it
(i) fails to anow reasonable time for compliance; (ii) rcquircs 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 , except

(2) When information subject to a subpoena is withheld on a claim that is privileged or subject to prOtcction ~s trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents , communications , or things not produced that is sufficient to enable the demanding party to contest the claim.

SV I :1247656\0 J \5B3CO J !. DOC\3582G. 0048

Case 1:04-cv-00876-GMS

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Document 167

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ATTACHMENT A
Pursuant to Rule 45 of the Federal Rules of Civil Procedure ,

Defendant Cisco

Systems , Inc. hereby requests that John F. Bailey produce
documents described below.

for inspection and copying the

INSTRUCTIONS

As used in these Requests , the singular shall include the plural , and the
past tense shall include the present tense , and vice versa; the words " and"
and "

" shall be both
shall

conjunctive and disjunctive; the word " all" shall mean " any and all; " the word " including "

mean "including but not limited to " so as to be most inclusive.
Documents produced in response to these requests should be produced as

they are kept in the usual course of business or should be organized and labeled to correspond
with the categories in the request.

If you contend that a portion of a document is subject to being withheld
under a claim of privilege or immunity from production or that a portion of a document is nODresponsive to the requests below , produce the entire document with any necessary redactions.

If any document is withheld under a claim of privilege or immunity from
production , separately identify each document for which such a privilege or immunity is claimed

with the following information:
(a)
(b)

the date of, or appearing on , the document;
the document s author;
the addressees of the document , if any;

(c)
(d)

the identity of each recipient of a copy of the document;
a description of the subject matter of the document;

(e)

SYJ;1247656\OJ\5B3COJ LDOC\.15826. 0048

(g)

,"

Case 1:04-cv-00876-GMS

Document 167

Filed 05/23/2006

Page 5 of 10

the privilege claimed; and

the basis on which the privilege is claimed.

If a document request is silent as to the time period for which a response is
sought , please respond by providing all information, regardless of time , through the date of your
response.

DEFINITIONS
As used herein
you " and " your" shall mean John F. Bailey.
Inc. , its predecessors and

Cisco " means Defendant Cisco Systems ,

successors , past and present parents , subsidiaries , divisions, affiliates , and other organizational or

operating units of any of the foregoing, and all past and present directors , officers , employees,
agents , and representatives (including consultants and attomeys) of any of the foregoing.
TeJcordia " means Plaintiff Telcordia Technologies , Inc. , its predecessors

and successors , including, but not limited to, Bell Communications Research, Inc. (" Bellcore

its past and present

parents , subsidiaries, divisions , affiliates , and other organizational or
officers ,

operating units of any of the foregoing, and all past and present directors,

employees

agents , and representatives (including consultants and attorneys) of any of the foregoing.
Patents- in- Suit" means US. Patent Nos. 4 893,306 , 4 835,763 , and RE
36, 633 individually and collectively.

Related Patents " means any and all patents and patent applications
relating to the Patents in Suit, including any patents or patent applications (including but not

limited to all published , unpublished, pending, abandoned , divisional , continuation , continuation
in part ,

or reissue applications) which share in whole or in part a common disclosure with the

Patents in Suit , including but not limited to U. S. Patent No. 5, 260 978.

SV J :\247656\0 II5133CO 1 !. DOC\35826.O048

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Case 1:04-cv-00876-GMS Document 167 Filed 05/23/2006 Page 6 of 10

Document " shall be interpreted to the full extent pennitted by the Federal
Rules of Civil Procedure and includes ,

without limitation , e-mail, files stored on electronic

media ,

copies of letters ,

notes and records of

telephone conversations, intra-corporate
advertisements, literature

communications ,

minutes , bulletins , specifications , instructions ,

patents ,

patent applications , specification sheets and diagrams

, work assignments, reports
data sheets ,

memoranda , memoranda of conversations,

notes ,

notebooks, drafts ,

work sheets

contracts and agreements , memoranda of agreements , assignments , licenses , sublicenses

opinions and reports of experts and consultants, books of account , orders, invoices , statements
bi11s , checks and vouchers , brochures, photographs, drawings , charts , catalogs , pamphlets

magazines , copies of magazines , decals, world-wide web and/or internet postings , trade letters,

notices and announcements , and press releases; and all other printed, written , recorded , taped
electronic , graphic , computerized printout or other tangible materials of whatever kind known to
or in your possession ,

custody, or control. A draft or nonidentical copy is a separate document

within the meaning of this tenD.
As used herein
cancellation proceeding, mediation

proceeding(s)" shall mean any litigation ,

opposition

arbitration, interference , request for reexamination

reexamination , reissue, or other judicial or administrative proceeding.

As used herein
conversation ,

communications(s)" shall mean all

discussions

negotiations, agreements , understandings, meetings , telephone conversations

letters, notes , memoranda , telegrams, advertisements or other fonDS of infonnation sent to
received from any person or entity, whether oral, written or electronic.

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As used herein
referring to

relating to

shall mean pertaining to, concerning,

, describing, discussing, reflecting, evidencing, constituting or resulting from the

matter specified.

SPECIFIC REQUESTS
REQUEST NO.
All documents and

things, including communications ,

relating to the scope

subject matter or licensing of any of the Patents- in- Suit.
REQUEST NO.

All documents and things, including communications, relating to any analysis of
the scope , subject matter or licen~ing of any of the Patents- in- Suit.
REQUEST NO.

All documents and things , including communications , relating to any meetings
relating to Telcordia s A TM technology, including but not limited to " ATM meetings.

REQUEST NO.

All documents and things, including communications , relating to any meetings
relating to Te1cordia s patents, including but not lirnited to the Patents-- in- Suit.

REQUEST NO.

All documents and things ,

including comrnunications , relating to Telcordia

participation in standards bodies or standards setting organizations.

REQUEST NO.
All documents and things relating to Te1cordia s participation in the ATM Forum.

REQUEST NO.
All documents and things relating to research into ,
development of,

eff0l1s to

standardize or contributions to standards organizations relating to Asynchronous Transfer Mode
or ATM.

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REQUEST NO.

All documents and things

relating to research into ,

development of ,

efforts to

standardize or contributions to standards organizations relating to SONET.
REQUEST NO.

All documents and things

relating to research into ,

development of,

efforts to

standardize or contributions to standards organizations relating to ATM over SONET.

REQUEST NO. 10

An documents and things relating to research into , development of, efforts to
standardize or contributions to standards organizations relating to the transmission of packetized
data over any synchronous transmission.
REQUEST

NO. 11

All docurnents and things relating to Civil Action No. 98- 586 (D. Del.) between
Telcordia and Fore Systems , Inc. (also known as Marconi Communications , Inc. ), including all
documents that you provided to Telcordia or anyone else concerning that case.

REQUEST NO. 12
All documents and things relating to Civil Action No. 04- 874 (D. Del.) between

Telcordia and AkateI , inc1uding all documents that you provided to Te1cordia or anyone else
concerning that case.

REQUEST NO. 13
All documents and things relating to Civil Action No. 04- 875 (D. Del.) between
Telcordia and Lucent Technologies ,

including all docurnents that you provided to TeJcordia or

anyone else concerning that case.

REQUEST NO. 14
All documents and things relating to Civil Action No. 04- 876
(D. Del.) between

Telcordia and Cisco Systems, including all documents that you provided to Telcordia or anyone
else concerning this case.

SVl:\247656\Ol\5B3COl !. DOC\35826. 0048

Case 1:04-cv-00876-GMS
IHT- l.:J- "':i~J~b
A!lOr/1B)' or Parry withaur

Document 167

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Page 9 of 10

11; 4tJ

FIRST LEGAL SF

415 626 4138 P. 02/02
Foi'

Anornvy.-

Co!jnU~e Only

SONAL N. MElITA, Bar #222086 WEIL, GOTSHALL & MANGES LLP 201 REDWOOD SHORES PARKWAY REDWOOD CITY , CA 94065 re~p/1al1.No: 650802-3000
Ref A/rorney fer: fnsgrr No or

f'HeNo,

DtfendMt , Cisto Systems , In~.
(II-1d Judicr,,! Bronc:h District (1I1d

3582648
Ceurr:

name afCOkrl,

United States District Court Central District Of California
Piainriff.' Defer1dant:

TELCORDIA TECHNOLOGIES, INC. CISCO SYSTEMS , INc.

PROOF OF SERVICE
SUBPOENA - CIVIL
1. A ( The lime of service I was at least

HC(lring~r~'

t)epr/Div:

CClse Number:

CASE Wed, Ma . 24 , 2006 9:30AM
18 years of age. and not a party to chis

04- 876 OMS

actio/'!.

2, I served copies of the

SUBPOENA IN A CIVIL CASE
JOHN F. BAILBY JOHN W , BAILEY
was

3.

G. Party serVed:
b,

r..:-

Person. served:
where the party

4,

Address

served:

5940 GREY ROCK AGOURA HILLS, CA 91301

5.

1 served the party:

a. by personal service. I personally delivered the doClJ.ments listed in item 2 to the party .or perron authoriZ~ to receive ~I::eM: ' I process for the party (1) on: Thu" May, ~8 this ThurSday, May 18 b. J received subpena/or service

, on: 2006 (2) at: 3;30PM
d. The

, 2006
Fee/or Service was:
registered Califoro.ia:proce$s server
(i)

' I,

.

- i",-

6. Witness fees

were offered or de.manded. and paid:
Served Papers:
Ro~ovorablc Coot Per ~J'1O33. 5(a)(4)(B)

7.

Person

Who

a. D. PECK

Fi~~t~~15~PP~rt: ~~~~S':
:::i::':

C, I am: (3)

' ti

Independent ConiractoI '
N().
I; ,

"""YOI!Nf.Y 5ERI/IC~S
(ii) Registration

1511 BEVERLY 8OVLEVARD L.c!O A~el~ , CA 90026

(Iii) County:

Ventura

':'! (213) 250.1111 , FAX (213) 250~1197

.-t8.

I decl~re under penalty ~fp~rjury under
A~,""'thhlth'f"'c...cu""",,dM"'"

the laws of

the

State of California

and

under

the

Dati;.:Fri , May. 19,

2006

Rule 98~. ?(a)&(b) H.C\' . July 1

Judicinl C()u~clJ FormSUBPOENA -CIVIL CASE
PROOF Of SERVICE

2.004

t/
(0

if the

UniJed States ot': -

t'1:-~K

b-

2882:n . .fonm8--wg, :l~~~2

Case 1:04-cv-00876-GMS

Document 167

Filed 05/23/2006

Page 10 of 10

CERTIFICATE OF SERVICE I certify that on May 23, 2006 I caused to be served copies of the foregoing document upon the following in the manner indicated:

BY HAND John G. Day ASHBY & GEDDES 222 Delaware Avenue Wilmington, DE 19801 BY ELECTRONIC MAIL John Day ([email protected]) John Williamson ([email protected]) York Faulkner ([email protected]) Don Burley ([email protected])

BY FEDERAL EXPRESS John F. Bailey 5940 Grey Rock Agoura Hills, CA 91301

/s/ Leslie A. Polizoti
_____________________________ Leslie A. Polizoti (#4299)