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

Case 1 :04-cv—00875—Gl\/IS Document 176 Filed 05/23/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
TELCORDIA TECHNOLOGIES INC., )
)
Plaintiff, ) Civil Action No. 04-875-GMS
1
v. )
)
LUCENT TECHNOLOGIES INC., )
)
Defendant. )

NOTICE OF WITHDRAWAL OF SUBPOENA
PLEASE TAKE NOTICE that Lucent Technologies Inc. hereby withdraws the
attached subpoena directed to Rodney Boehm.
Younc CoNAwAY STARGATT & TAYLOR, LLP
/lj?/L;
John W. Shaw (No. 3362)
Monte T. Squire (No. 4764)
The Brandywine Building, 17th Floor
1000 West Street
Wilmington, DE 19801
(302) 571-6600
msquire@ycsz. com
Attorneys for Lucent Technologies Inc.
Dated: May 23, 2006

Case 1 :04-cv—00875—G MS Document 176 Filed 05/23/2006 Page 2 of 4
Issued by the
UNITED STATES Dtsrnrcr COURT
NORTHERN · DISTRICT OF Texas
TELCORDIA TECHNOLOGIES, INC. SUBPOENA IN A CIVIL CASE
V.
LUCENT TECHNOLOGIES INC. Case Numbers! CA NO. 04-875-GMS
(PENDING IN U.S. DISTRICT COURT OF DELAWARE)
TO:
Rodney Boehm
Fujitsu
2801 Telecom Parkway
Richardson, Texas 75082
El 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.
PLACE OF TESTIMONY COURTROOM
(THE METHOD OF RECORDATION WILL BE BY STENOGRAPHIC MEANS
AND/OR VIDEO TAPE OR DVD)
DATE AND TLME
X 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 _ I DATE AND TIME
Renaissance Dallas Richardson Hotel, 900 E. Lookout Dr., Richardson, Texas 75082 5/25/2006 9:00 a.m.
D YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at
the place, date, and time specified below (list documents or objects):
PLACE I DATE AND TIME _
E1 YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PLACE i DATE AND DME
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or mmaging agents, or
other persons who consert to testify on its behali and may setforth, for each person designated, the matters on which the person will testify. Federal Rules of Civil
Procedure, 30(b)(6). _
ISSUIN OFFI ER‘s st NATURE AND TITLE (INDICATE IF ATTORNEY POR PLATNTTPP OR DEPENDANT) DATE AND TTME
5/3/2006 9:30 a.rn.
(Attorney for Defendant Lucent Technologies Inc.)
1ssUtNCt ot=PtCER*s NAME ADDRESS AND PHONE NUMBERS
Monte T. Squire
Young Conaway Stargatt & Taylor, LLP; The Brandywine Building 1000 West Street, 17m Floor, Wilmington, DE 19801
(302) 571-6600
(See Rule 45, Federal Rules or”CivilProcedure, Parts C & D)
'lf action is pending in district other than district of issuance, state district under case number.

Case 1 :04-cv—00875—G MS Document 176 Filed 05/23/2006 Page 3 of 4
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 ofthe United States of America that the foregoing infomation
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. trial be commanded to travel from any such place within the state in which
the trial is held, or
(I) A party or an attomey responsible for the issuance and service of a .
subpoena shall take reasonable steps to avoid imposing undue burden or expense (iii) requires disclosure of
on a person subject to that subpoena. The court on behalf of which the subpoena privileged or other protectedmatter and no exception or waiver applies, or
was issued shall enforce this duty and impose upon the party or attorney in breach (iv) subjects a person to undue
of this duty an appropriate sanction which may include, but is not limited to, lost burden,
earnings and reasonable attomey's foe. '
(H) If a subpoena
(2) (A) A person commanded to produce and permit inspection and copying
of designated books, papers, documents or tangible things, or inspection of (i) requires disclosure of a trade
premises need not appear in person at the place of production or inspection unless secret or other condential research, development, or commercial
commanded to appear for deposition, hearing or trial. information, or
(ii) requires disclosure of an
(B) Subject to paragraph (d) (2) of this rule, a person commended to unretained expert’s opinion or infonnation not describing specific events or
produce and permit inspection and copying may, within 14 days after service of occurrences in dispute and resulting from the expert‘s study made not at the
subpoena or before the time specified for compliance if such time is less than I4 request of any party, or
days alter service, serve upon the party or attomey designated in the subpoena (iii) requires a person who is not a
written objection to inspection or copying of any or all ofthe designated materials party or an otiicer of a party to incur substantial expense to travel more than
or ofthe premises. lf objection is made, the party serving the subpoena shall not 100 miles to attend trial, the court may, to protect a person subject to or
be entitled to inspect and copy materials or inspect the premises except pursuant a5ected by the subpoena, quash or modity the subpoena, or, if the party in
to an order ofthe court by which the subpoena was issued. If objection has been who behalf the subpoena is issued shows a substantial need for the testimony
made, the party serving the subpoena may, upon notice to the person commanded or material that cannot be otherwise met without undue hardship and assures
to produce, move at any time for an order to compel the production. Such an that the person to whom the subpoena is addressed will be reasonably
order to comply production shall protect any person who is not a party or an compensated, the court may order appearance or production only upon
ofiieer of a party from significant expense resulting from the inspection and specified conditions.
copying commanded.
(d) DUTIES IN RESPONDING TO SUBPOENA,
(3) (A) On timely motion, the court by which a subpoena was issued shall
quash or modify the subpoenaifit (I) A person responding to a subpoena to produce documents
shall produce them as they are kept in the usual course of business or shall
(i) fails to allow reasonable time for compliance, organize and label them to correspond with the categories in the demand.
Gi) requires a person who is not a party or en oliicer of a
party to travel to aplace more than l00 miles from the place where tha person (2) When irtformation subject to a subpoena is withheld on a claim that it is
resides, is employed or regularly transacts business in person, except that, subject privileged or sulject to protection as trial preparation materials, the claim
to the provisions of clause (c) (3) (B) (iii) of this rule, such a person may in order shall be made expressly and shall be supported by a description ofthe nature
to attend ofthe documents, communications, or things notproduced that is sutiicient
to enable the demarding party to contestthe claim.

Case 1:04-cv—00875—Gl\/IS Document 176 Filed 05/23/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I, Monte T. Squire, hereby certify that on May 23, 2006, a true and correct copy of the
foregoing document was electronically tiled with the Clerk of the Court using CM/ECF, which will send
notification that such tiling is available for viewing and downloading to the following counsel of record:
Steven J. Balick, Esquire
sbalic/c@as/zby—geddes.com
Ashby & Geddes
222 Delaware Avenue
P.O. Box 1150
Wilmington, DE 19899
1 further certify that I caused a copy of the foregoing document to be served by
hand delivery on the above·1isted counsel of record and on the following non—registered participants in the
manner indicated:
BY FEDERAL EXPRESS & E-MAIL
Donald R. Dunner, Esquire
010/1.dZliZiZ€l'@ff/Zilégdll.COIN
Finnegan, Henderson, Farabow, Garrett, & Dunner, LLP
901 New York Ave., N.W.
Washington, DC 20001
York M. Faulkner, Esquire
yor/rfau//me1·@fimzega1z. com
Finnegan, Henderson, Farabow, Garrett, & Dunner, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
YOUNG CONAWAY STARGATT & TAYLOR, LLP
fiJt\ /(/H
John W. Shaw (No. 3362)
js/1aw@ycst. com
Monté T. Squire (No. 4764)
msquire@ycsz‘.c0m
The Brandywine Building
1000 West Street, 17'h Floor
Wilmington, Delaware 19899-0391
(302) 571-6600
Attorneys far Lucent T ec/mologies [nc.
DB0l:l852643.l 0572241004