Free Notice of Deposition - District Court of Arizona - Arizona

EXHIBIT A DEFINITIONS 1. "Any," "each," and "all" shall be read to be all inclusive, and to require the production of each and every document (as hereinafter defined) responsive to the particular request for production in which such term appears. 2. "And" and "or" and any other conjunctions or disjunctions used herein shall be read both conjunctively and disjunctively so as to require the production of all documents (as hereinafter defined) responsive to all or any part of each particular request for production in which any conjunction or disjunction appears. 3. The term "Document" and "Documents" are used in their broadest sense to include everything that is contemplated by Federal Rules of Civil Procedure 26 and 34 including, without limitation, electronic media or other tangible forms in which information is stored and includes all written or graphic matter of every kind and description, however produced or reproduced, whether draft of final, original or reproduction. The term "document" includes all copies of a document which contain any additional writing, underlining, notes, deletions, or any other markings or notations, or are otherwise not identical copies of the original. 4. The term "Verve, LLC" shall mean the limited liability company Verve, LLC, Raymond Galasso and/or Kevin Imes, individually and/or collectively. 5. The terms "You" or "Your" shall mean Thomas E. Anderson and/or Hunton & Williams. INSTRUCTIONS 1. Electronic records and computerized information must be prodced in an intelligible format or together 2. to you. In producing Documents, furnish all Documents known or available

3. File folders with tabs or labels identifying Documents called for by this Request must be produced intact with such Documents. 4. Documents attached to each other must not be separated

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5. The term "any and all Documents" means any and all Documents that might reasonably be located through a search of all locations reasonably likely to contain the Documents called for by this Request. 6. Should you seek to withhold any Document based on some limitation of discovery (including privilege), you must supply a list of the Documents for which limitation of discovery is claimed, indicating: a. The identity(ies) of each Document's author(s), writer(s), sender(s), or initiator(s) b. The identity(ies) of each Document's recipient(s), addressee(s), or party(ies) for whom it was intended c. The date of creation or transmittal indicated on each Document, or estimate of that date, indicated as such, if no date appears on the Document d. The general subject matter as described on each Document, or, if such description appears, then some other description sufficient to identify the Document; an e. The claimed ground(s) for limitation of discovery (e.g., "attorney-client privilege" or "work product privilege"). 7 The connectives "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the request all responses that might otherwise be construed to be outside its scope. 8. versa. 9. Should you deem the contents of any Document to be confidential, you shall so designate such Documents. The use of the singular form of any word includes the plural and vice

DOCUMENTS TO BE PRODUCED
1.

Any and all Documents exchanged between You and Verve, LLC. Any and all Documents exchanged between You or Verve, LLC on

2.

the one hand and Omron Corporation or Herbert Kerner on the other hand. 2. Any and all Documents received by Omron Corporation and/or You

from Verve, LLC.

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3.

Any and all Documents regarding or relating in any way to claims

for patent infringement involving or concerning U.S. Patent No. 5,012,077, U.S. Patent No. 4,678,895, and/or U.S. Patent No. 4,562,341. 5. Any and all Documents regarding or relating to any financial

agreements (informal or formal) between Omron Corporation and Verve, LLC. 6. Any and all Documents regarding bringing or initiating any lawsuit,

action, demand, complaint, or proceeding against Hypercom Corporation. 7. Any and all Documents demonstrating the existence of "probable

cause" or the lack thereof as that term was used in the ITC Proceeding pertaining to any claims asserted against Hypercom Corporation. 8. Any and all Documents exchanged between You, on the one hand,

and Raymond Galasso, Kevin Imes, Verve, LLC, and/or any attorney, agent, member, employee or independent contractor of Verve, LLC, on the other hand, regarding Omron Corporation and/or Herbert Kerner. 9. Any and all Documents exchanged between You, on the one hand,

and Raymond Galasso, Kevin Imes, Verve, LLC, and/or any attorney, agent, member, employee or independent contractor of Verve, LLC, on the other hand, regarding Hypercom Corporation.
1827457

Case 2:04-cv-00400-PGR

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Filed 04/28/2006

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