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

Case 1:07-cv—00680-IVIPT Document 73 Filed 06/27/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
INNOVATIVE PATENTS, L.L.C. and
FORCEFIELD, LLC, :
Plaintiffs,
v. Civil Action No. 07-680-MPT
BRAIN-PAD, INC.,
Defendant.
NOTICE OF SUBPOENA AD TESTIFICANDUM
TO: Charles J. Brown, III, Esquire
Archer & Greiner, P.C.
300 Delaware Avenue, Suite 1370
Wilmington DE 19801
PLEASE TAKE NOTICE that, pursuant to Rule 45 of the Federal Rules of Civil
_ Procedure, on June 27, 2008, the attached subpoena ad testyicandum was issued to Dr. Edward
D. Williams, 7700 Crittendent Street, Unit 33, Philadelphia, Pennsylvania 19118 commanding
him to appear for deposition upon oral examination. The deposition will take place before an
authorized court reporter, commencing at 10:00 a.m. on July 16, 2008 at Prickett, Jones &
Elliott, P.A., 1310 King Street, Wilmington, Delaware 19801, or at such other time and place as
agreed to bythe parties. The deposition shall continue from day to day until completed and shall
be transcribed and/or videotaped. You are invited to attend and cross-examine the witness.
20s6s.n37s209v1

Case 1:07-cv—00680-IVIPT Document 73 Filed 06/27/2008 Page 2 of 4
Date: June 27, 2008
PRICKETT, JONES & ELLIOTT, P.A.
By: /s/ J. Claygon Athey
Elizabeth M. McGeever (#2057)
OF COUNSEL: J. Clayton Athey (#4378)
1310 King Street, P.O. Box 1328
Joseph J. Fleischman Wilmington, DE 19899-1328
. William R. Robinson [email protected]
NORRIS McLAUGHLIN & MARCUS, [email protected]
P.A Ph: (302) 888-6500
P.O. Box 1018 Attorneys for Plaintwfs Innovative Patents,
Somerville, New Jersey 08876-1018 L.L. C., and Forcefielof LLC
Ph: (908) 722-0700
20368.l\373209vl
2

Case 1 :07-cv—00680-IVIPT Document 73 Filed 06/27/2008 Page 3 of 4
Issued by the
UNITED STATES DISTRICT COURT
District of Delaware
Innovative Patents, L.L.C. and
M .F<>f$=€f%€ Ld · LLC · . SUBPOENA IN A CIVIL CASE
Plaintiffs, v_
Brain-Pad, Inc. , I
‘ Defendant _ T; _ Case Number: 0 7-6 8 0 MPT
TO: Dr . Edward D . Williams
7700 Crittendent Street, Unit 33
Philadelphia PA 19118
I] 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 or TESTIMONY couRTRooM
l DATE AND TIME
Exit 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 or DEPOSITION Pfickett Jones & Elliott I P _ A _ I DATE AND TIME
1310 King Street, Wilmington, DE 19801 uly 16 , 2008 , 10 : O0 a.m.
e [I 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
I] YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
t¤ttEMIsEs ` DATE AND TIME
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 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 Rule of Civil Procedure 30(b)(6).
ISSUING OFFICER` SIGNATURE AND TITLE NDIcATE IF ATTORNEY FOR PLAINTIFF otz DEFENDANT) DATE
ag June 2 7 , 2 0 0 8
ISSUING or CER’S N E, ADDRESS ND 1>I-to BERJ · Clayton Athey I Prickett Jones
& Elliott , P .A. , 1310 King St. , Wilmington, DE 19801 , 302-888-65OO
(See`Federal Rule of Civil Procedure 45 (c), (cl), and (e), on next page)
' If action is pending in district other than district of issuance, state district under case number.

Case 1 :07-cv—00680- IVI PT Docu ment 73 Fr led 06/27/2008 Page 4 of 4
AO88 (Rev. 12/07) Subpoena in a Civil Qase (Page 2)

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 perj ury under the laws ofthe United States of America that the foregoing information contained
- in the Proof of Service rs true and correct.
Executed on
DATE SIGNATURE OF SERVER
ADDRESS OF SERVER
Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1, 2007:
(c) PROTECTING A PERSON SUBJECT T0 A SUBPOENA. (i) shows a substantial need for the testimony or material that cannotbe otherwise
(1) Avoiding Undue Burden or Expense; Sanctions. A party or attomey responsible for met without undue hardship; and
issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or (ii) ensures that the subpoenaed person will be reasonably compensated.
expense on a person subject to the subpoena. The issuing court must enforce this duty and
impose an appropriate sanction — which may include lost eamings and reasonable attomey's (d) DUTIES IN RESPONDING T0 A SUBPOENA.
fees —- on a party or attorney who fails to comply. (1) Producing Documents or Electronically Stored Infonnation. These procedures apply
(2) Command to Produce Materials or Permit Inspection. to producing documents or electronically stored information:
(A) Appearance Not Required. A person commanded to produce documents, (A) Documents. A person responding to a subpoena to produce documents must
electronically stored information, or tangible things, or to permit the inspection ofpremises, need produce them as they are kept in the ordinary course ofbusiness or must organize and label them
not appear in person at the place of production or inspection unless also commanded to appear to correspond to the categories in the demand.
for a deposition, hearing, or trial. (B) Form for Producing Electronically Stored Information Not Specified. If a
(B) Objections. A person commanded to produce documents or tangible things or to subpoena does not specify a form for producing electronically stored information, t.he person
permit inspection may serve on the party or attomey designated in the subpoena a written responding must produce it in a form or forrns in which it is ordinarily maintained or in a
objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting reasonably usable fonn or forms.
the premises —or to producing electronically stored infonnation in the fonn or forms requested. (C) Electronically Stored Information Produced in Only One Form. The person
The objection must be served before the earlier ofthe time specified for compliance or 14 days responding need not produce the same electronically stored infonnation in more than one form.
after the subpoena is served. lf an objection is made, the following rules apply: (D) Inaccessible Electronically Stored Information. The person responding need not
(i) At any time, on notice to the commanded person, the serving party may move provide discovery of electronically stored information from sources that the person identifies as
the issuing court for an order compelling production or inspection. not reasonably accessible because of undue burden or cost. On motion to compel discovery or
(ii) These acts may be required only as directed in the order, and the order must for a protective order, t.he person responding must show that the infomiation is not reasonably
protect a person who is neither a party nor a party‘s officer from significant expense resulting accessible because of undue burden or cost. Ifthat showing is made, the court may nonetheless
from compliance. order discovery from such sources if the requesting party shows good cause, considering the
(3) Quashing or Modifying a Subpoena. limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.
(A) When Required. On timely motion, the issuing court must quash or modify a (2) Claiming Privilege or Protection.
subpoena that: (A) Information Withheld. A person withholding subpoenaed information under a
(i) fails to allow a reasonable time to comply; claim that it is privileged or subject to protection as trial-preparation material must:
(ii) requires a person who is neither a party nor a party‘s officer to travel more (i) expressly make the claim; and
than 100 nriles from where that person resides, is employed, or regularly transacts business in (ii) describe the nature of the withheld documents, communications, or
person- except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend tangible things in a marmer that, without revealing infomration itselfprivileged or protected, will
a trial by traveling from any such place within the state where the trial is held; enable the parties to assess the claim.
(iii) requires disclosure ofprivileged or other protected matter, if no exception (B) Infomration Produced. If information produced in response to a subpoena is
or waiver applies; or subject to a claim ofprivilege or of protection as trial-preparation material, the person ma.king
(iv) subjects a person to undue burden. the claim may notify any party that received the infomration of the claim and the basis for it.
(B) When Permitted. To protect a person subject to or affected by a subpoena, the After being notified, a party must promptly retum, sequester, or destroy the specified
issuing court may, on motion, quash or modify the subpoena ifit requires: information and any copies it has; must not use or disclose the information until the claim is
(i) disclosing a trade secret or other confidential research, development, or resolved; must take reasonable steps to retrieve the information ifthe party disclosed it before
commercial information; being notified; and may promptly present the information to the court under seal for a
(ii) disclosing an unretained expert‘s opinion or information that does not determination of the claim. The person who produced the information must preserve the
describe specific occurrences in dispute and results from the expert's study that was not information until the claim is resolved.
requested by a party; or
(iii) a person who is neither a party nor a party‘s officer to incur substantial (e) CONTEMPT.
expense to travel more than 100 miles to attend trial The issuing court may hold in contempt a person who, having been served, fails without
(C) Specifying Conditions as an Alternative. ln the circumstances described in Rule adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the
45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or subpoena purports to require the nonparty to attend or produce at a place outside the limits of
production under specified conditions ifthe serving party: Rule 45(c)(3)(A)(ii).

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