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

Case 1:07-cv—00680-IVIPT Document 72 Filed 06/23/2008 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, H\lC.,
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
I Procedure, on June 23, 2008, the attached subpoena ad testyicandum was issued to Dr. Edward
D. Williams, 1432 E. Washington Lane, Philadelphia, Permsylvania 19138 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 by the 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.
2os6s.1\s72609v1

( Case 1:07-ev—00680-IVIPT Document 72 Filed 06/23/2008 Page 2 of 4
Date: June 23, 2008
PRICKETT, JONES & ELLIOTT, P.A.
By: /s/ J. Clayton 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 Plaintwfv Innovative Patents,
Somerville, New Jersey 08876-1018 L.L. C., and F orcejielaf LLC
Ph: (908) 722-0700
20368.l\372609vl
2

Case 1 :07-cv—00680-l\/I PT Document 72 Filed 06/23/2008 Page 3 of 4
'§éO88 Subggegg ig a ggivi gggée
Issued by the
UNITED STATES DISTRICT COURT
FGF the District of Delaware
Innovative Patents, L.L.C. and Forcefield, LLC,
` Plaintiffs, SUBPOENA IN A CIVIL CASE
V.
Brain-Pad Inc.
' ’ C N b :1 -
Defgndant. &$€ um BT 07 680 l\/IPT
TO; Dr. Edward D. Williams
1432 E. Washington Lane
Philadelphia PA 19138
[I YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to
testify inthe above ease.
PLACE or TESTIMONY counnzooivi
DATE AND TIME
[H YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition
in the above ease.
PLACE or DEPO SITION DATE AND TIME
Prickett Jones & Elliott, P.A., 1310 King Street, Wilmington DE 19801 July 16, 2008, 10:00 a_m_
, I] YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
PLACE 1 DATE AND TIME
[l YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES `DATE AND TI1\/IE
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. F edcral Rule of Civil Procedure 30(b)(6).
issu1Ne omc T s SIGNATURE · » ·. 'l`l'fLE (1ND1cATE IF ATTORNEY FO DEFENDANT) DATE
’ E { time ze, 2008
ISSUING ° HCEKS AME·· DRESS """` HONE NUMBER J. Clayton Athey, Prickett Jones & Elliott, P.A.
1310 King Street, Wilmington, Delaware 19801, 302-888-6500
(See Federal Rule of Civil Procedure 45 (e), (d), and (e), onnext page)
l Ifactiou is pending in district other than district of issuance, state district under case number.

Case 1 :07-cv—00680- IVI PT Docu ment 72 Fi led 06/23/2008 Page 4 of 4
AQ88 (Bev, Z/OZ) Sggjgggjjg jjj a Qvj Case Q Eggc 2)

PROOF OF SERVICE

DATE PLACE
SERVED

SERVED ON (PRINT NAME) l\/IANN ER OF SERVICE

SERVED EY (PRINT NAME) TITLE

DECLARATION OF SERVER
I declare under penalty of perjury under the laws ofthe United States of America that the fore gomg information contained
in the Proof of Service 1S 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 TO A SUBPOENA. (i) shows a substantial need for the testimony or material that cannot be otherwise
(l) Avoiding lfndue Burden or Expense; Sanctions. A party or attomey responsible for met without undue hardship; and
issuing and sewing 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 inust enforce this duty and
impose an appropriate sanction — which may include lost eamings and reasonable attomey's (d) DUTIES IN RESPONDING TO A SUBPOENA.
fees — on a party or attomey who fails to comply. (I) Producing Documents or Electronically Stored Information. These procedures apply
(2) Command to Produce Materials or Permit Inspection. to producing documents or electronically stored infonnatiort
(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 of premises, need produce them as they are kept in the ordinary course of business or must organize and la bel 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. (D) 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 smred information, the person
pennit inspection may serve on the party or attomey designated in the subpoena a written responding must produce it in a fonn or forms 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 form or forms.
the premises — or to producing electronically stored infonnation inthe fonn orfonns requested (C) Electronically Stored Information Produced in Only One Form. The person
The objection must be served before the earlier of the time specified for compliance or 14 days responding need not produce the same electronically stored infomiationin more than one form.
after the subpoena is served. If 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 maymove 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, the person responding must show that the information 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 If that 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 Subpocna. limitations of Rulo 26(b)(2)(C). The court may specify conditions for thc discovery.
(A) When Required. On timely motion, the issuing court must quash or modify a (2) Claiming Privilege or Protection.
subpoena than (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 partys officer to travel more (i) expressly make the claim; and
than 100 miles from where that person resides, is employed, or regularly transacis business in (ii) describe the nature ofthe withheld documents, communicatiom, or
pcrson— cxccpt that, subject to Rulc 45(c)(3j(B)(iii), thc pcrson may bc commanded to attcnd tangible things inamanncr that, withoutrcvcaling information itself privilcgcd or protcctcd, will
a trial hy traveling from any such place within the state where the trial is held; enable the parties to assess the claim.
(iii) requires disclosure of privileged or odrer protected matter, if no exception (B) Infonnation Produced. If information produced in response to a subpoena is
or waiver applies; or subject to a claim of privilege or of protection as trial-preparation materiaL the person making
(iv) subjects a person to undue burden the claim may notify any party that received the infomiation of the claim and the basis for it
(B) When Pemiitted. To protect a person subject to or affected by a subpoena, the After being notihed, a party must promptly return, sequester, or destroy the specified
issuing court may, cn motion, quash or modify thc subpocnn if it requires: information and any copios it has; must notusc or disclosc thc infomintion until thc cloim is
(i) disclosing a trade secret or other confidential research, development, or resolved; musttake reasonable steps to retrieve the information ifthe party disclosed if before
commercial information; being notified; and may promptly present the infonnation 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 infonnation must preserve the
describe specific occurrences in dispute and results from the experts study that was not infonnation until the claim is resolved.
requested by a party; or
(iii) n person who is ncithcr u party nor ri party's officer to incur substantial (e) CONTEMP1'.
expense to travel more than l00 miles to attend trial The issuing court may hold in contempt a person who, having been served, fails without
(C) Specifying Conditions as anAltemat:ive. In the circumstances described in Rule adequate excuse to obey the subpoena. A n¤nparty’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 limiu of
production under specified conditions if the serv ing party: Rule 45(c)(3)(A)(ii).

Case 1:07-cv-00680-MPT

Document 72

Filed 06/23/2008

Page 1 of 4

Case 1:07-cv-00680-MPT

Document 72

Filed 06/23/2008

Page 2 of 4

Case 1:07-cv-00680-MPT

Document 72

Filed 06/23/2008

Page 3 of 4

Case 1:07-cv-00680-MPT

Document 72

Filed 06/23/2008

Page 4 of 4