Free Letter - District Court of California - California

Case 5:07-cv-04507-JF

Document 104-2

Filed 07/03/2008

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1 ROBERT J. YORIO (SBN 93178) [email protected] 2 COLBY B. SPRINGER (SBN 214868) [email protected] 3 CHRISTINE S. WATSON (SBN 218006) [email protected] 4 CARR & FERRELL LLP 2200 Geng Road 5 Palo Alto, California 94303 Telephone: (650) 812-3400 6 Facsimile: (650) 812-3444 7 Attorneys for Plaintiff ACTICON TECHNOLOGIES LLC 8 9 10 11 12 13 ACTICON TECHNOLOGIES LLC, 14 15 v. Plaintiff, REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY RE C-ONE TECHNOLOGY CORPORATION) JURY TRIAL DEMANDED CASE NO. C 07-4507 JF (HRL) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

16 PRETEC ELECTRONICS CORPORATION, a dissolved California corporation; PTI GLOBAL, 17 INC., a California corporation; C-ONE TECHNOLOGY CORPORATION, a foreign 18 corporation; CHIU FENG CHEN, an individual; GORDON YU, an individual; TOMMY HO, an 19 individual; ROBERT WU, an individual; GRACE YU, an individual; KUEI LU, an 20 individual; and DOES 1 through 20, 21 22 23 Defendants.

The United States District Court for the Northern District of California presents its

24 compliments to the Appropriate Authority of Taiwan, and requests international assistance to effect 25 Service of Process to be used in a civil proceeding before this Court in the above captioned matter. 26 27 I. REQUEST

This Court requests the assistance described herein as necessary in the interests of justice.

28 The assistance requested is that the Appropriate Judicial Authority of Taiwan effect Service of
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1 Process of the Summons in a Civil Case, the First Amended Complaint, and the Certified 2 Translations of these documents on the below named business entity, a named defendant in this 3 action: 4 5 C-One Technology Corporation B1, No. 57, Dong Guang Road Hsin-Chu Taiwan

6 The Appropriate Judicial Authority of Taiwan is requested to serve the documents listed above by 7 personal service into the hands of a director, managing agent or other person authorized to accept 8 service, or in a manner of service consistent with the law of Taiwan. 9 10 II. FACTS OF THIS CASE

Plaintiff Acticon Technologies LLC ("Acticon") brings this patent infringement case

11 against multiple defendants, including C-One Technology Corporation ("C-One"). C-One is a 12 manufacturer of electronic connectors in Taiwan. Acticon alleges that C-One manufactured, 13 exported into the United States, offered for sale, sold and/or distributed to Defendant Pretec 14 Electronics Corporation ("Pretec") and Defendant PTI Global, Inc. ("PTI Global") various 15 electronic connectors that embody the technology of the Patents-in-Suit which then were sold, 16 offered for sale and/or distributed by Pretec and PTI Global. Acticon further alleges that 17 Defendants Pretec, PTI Global, C-One and the individual defendants in the case conspired to and 18 did fraudulently transfer Pretec's assets to C-One and/or PTI Global with the intent to hinder, delay 19 or defraud Acticon in pursuing its claims against Pretec from a previous lawsuit. As a result, 20 Acticon alleges that it has been damaged by the wrongful transfer of assets, which prevents Acticon 21 from collecting monies due to Acticon by Pretec in the previous lawsuit. Acticon is requesting 22 treble damages, costs and attorneys' fees. 23 24 III. RECIPROCITY

The United States District Court for the Northern District of California is willing to provide

25 similar assistance to the judicial authorities of Taiwan. 26 27 IV. REIMBURSEMENT FOR COSTS

The United States Court for the Northern District of California is willing to ensure

28 reimbursement to the judicial authorities of Taiwan for costs incurred in executing its letter
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Case 5:07-cv-04507-JF

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1 rogatory. If the cost of executing this Court's letter rogatory exceeds $500.00, the judicial 2 authorities of Taiwan are requested to contact the following counsel for Acticon: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Robert J. Yorio (CSBN 93178; [email protected]) Colby B. Springer (CSBN 214868; [email protected]) Christine S. Watson (CSBN 218006; [email protected]) Carr & Ferrell LLP 2200 Geng Road Palo Alto, California 94303 Telephone: (650) 812-3400 Facsimile: (650) 812-3444

Dated: July ___, 2008 The Honorable Jeremy Fogel United States District Court 280 South First Street San Jose, California 95113 United States of America

[COURT SEAL]

-3Request for International Judicial Assistance ­ Letter Rogatory (Case No. C 07-4507 JF (HRL))