Free Subpoena Returned Executed - District Court of Delaware - Delaware

Case 1 :04-cv-00360-JJF Document 79-2 Filed O1/24/2006 Page 1 of 2
Attachment A to Subpoena to Trilegiant Corporation
DElilNi't`IGNS AND INSTRUCTIONS
The following definitions are applicable to terrns used in this Subpoena:
A. "The '870 Patent" shall mean U.S. Patent No. 5,774,870 entitled "§nlly Integrated,
On-Line Interactive Frequency and Award Redemption Program."
B. "The *-412 Patent" shall mean U.S. Patent No. 6,099,412 entitted "Fully Integrated,
On~Line Interactive Frequency and Award Redemption Program."
C. "The `{)l2 Patent" shall rnean U.S. Ratent No. 6,578,012 entitled "Fully lntegrated,
Or1—»i.ine Interactive Frequency and Award Redemption Progran1."
D. "Triiegiant Corporation" means that certain Delaware Corporation, No. 375l 5l6,
and any predecessor or successor.
E. The term "person" refers to natural persons, organizations, firms, corporations,
and other legal entities, and the acts "of“ a person are defined to include the acts of directors,
officers, owners, members, employees, agents, or attorneys acting on the person’s behalf.
F. The term "document“ has the meaning prescribed in Rule 34, Fed. R. Civ. P., and
includes the original and every nomidentical copy or reproduction in the possession, custody, or
control of plaintiff or known to plaintiff even though not actually in the possession of plaintiff.
The tenn "docurnent" includes computer tiles stored in electronic fonn, including without
limitation e-mail, as well as other data compilations.
G. The terms "and" and "or" shall be construed conjunctively and disjunctiveiy so as
to have the broadest possible meaning.
H. Where appropriate, the singular fonn of a word shall be interpreted in the plurai,
and vice versa, to have the broadest possible meaning.
I. "Patents" shall mean the ’S7t>, '·¢il2 and ’Ol2 Patents.

Case 1:04-cv-00360-JJF Document 79-2 Filed O1/24/2006 Page 2 of 2
PRODUCTION REQUESTS
E. All documents that mfr, relate 3:0, 01* evidence "lriiagiant (j01·p0rati0n's appraisal
0r valuation 0f the 'S70, *412 and ’Ol2 Patents made prior to December 7, 2002.
2. Such documents as cviécncc or disclose ail consideration paid cy given by
Trilegiant Corporation to obtain ownership 0f thc ‘870, '412, and ‘O12 Patents.
3. Such documents as evidence or disciosa ai] consideration received by Trilcgiant
Corporation for assigning thc: '87(L '412, and *012 Patents to TrilcgiamtLc>ya1ty Sciuticms, Inc.
4. All documents I.i1d{1'€3‘f€·‘i', [clam: lu ur cvidcncc thc Uu1T<::n{, estimated, f0¤:€C£1Si€C€ Of
projected value of the ‘870, '4i2, and ‘O}2 Patents or any license: granted for such Patents.
5. Such documents as cvidcncc 01* disclose (zz) 1c:vcuu·.: zcucivcd by Tsilcsgizxrxt
Corporation from making, using 01· sailing any product 0;: service embodying thc invcmi0n(s) of
thc 'S”/O, '4l2, zmd 'OEZ Patents; and (b) thc names of each customer purchasing from Triicgiani
Corporation any product or scwicc cmbociying thc izwcmi011(s) cfihc 'E370, *412, amd 'G12 Patents
and thc terms 0f each such Sak:.
6. Such documents as evidence or disclosc thc idcntity of thc liccnsco, thc royalty
mic, and thc terms of each license gmntcci by Trilcgizmi Corporation for the Patents.
7. Such documents as evidence or disclose, the royaity rcvcnucs rcccivcd by
"friicgiant Corporation from each licensee 0f the Patents.
8. In connection with Trilegiant C0rp01·ati0n's disposition by assignment of thc:
Patents in January, 2004, all documents that refer, relate t0, 0r evidence (.2) thc value 0f the
Patents before: or after assignment; (b) transfer pricing of the Egatcntsg (c) depreciation and
amortization nf the Patents by Trilagiant Corporation; (d) the depreciation in dollars attributable
to the Patents and recorded on the books 0f'I“ri1egizmt Corporation for the period of its ownership
of the Patents; (ci) the-: amortization schedule used to calculate thc depreciation in subparagraph
{G), above; (4:) the depreciation nmmmts attributable to the Patents reporteci by Trilegizmt
Corporation on its corporate income tax rcmm(s) for the period 0f its ownership of the Patents,
and, if'I“1·i1egiant Corporation Hics its rctums on a consolidated basis, thc depreciation amounts
attributable to the Patents reported for inciuszimn in the ccmsnéidatad mmm,

Case 1:04-cv-00360-JJF

Document 79-2

Filed 01/24/2006

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Case 1:04-cv-00360-JJF

Document 79-2

Filed 01/24/2006

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