Free Summons Returned Executed - District Court of Delaware - Delaware

·, ( Case 1 :07-cv-00782-JJF Document 9 Filed 12/06/2007 Page 1 of 2
AO 440 (Rev. 8/Ol) Summons in zi Civil Action
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
SUN MICROSYSTEMS, INC.,
Plaintiff,
V SUMMONS IN A CIVIL ACTION
VERSATA ENTERPRISES, INC., VERSATA _ ‘· Q T -
SOFTWARE, INC., VERSATA DEVELOPMENT Case Number- I `
GROUP, INC., VERSATA COMPUTER
INDUSTRY SOLUTIONS, INC., VERSATA, INC.,
TRILOGY, INC., and NEXTANCE, INC.,
Defendants.
TO: (Name and address of Defendant)
VERSATA, INC.
c/o Capitol Services, Inc.
615 South DuPont Highway
Dover, DE 19901
YOU ARE HEREBY SUMMONED and I€qui1`€d to S€I`V€ OH PLAINTIFIPS ATTORNEYS (name and address)
Paul J. Lockwood Jeffrey G. Randall
Michael A. Barlow David W. Hansen
SKADDEN, ARPS, SLATE MEACIIER & FLOM LLP SKADDEN, ARPS, SLATE, MEAGIIER & FLoM LLP
One Rodney Square 525 University Avenue, Suite 1100
P.O. Box 636 Palo Alto, California 94301
Wilmington, DE 19899 Telephone: (650) 470-4500
(302) 651-3000
an answer to the complaint which is served on you with this summons, within twenty (20) days after service of
this summons on you, exclusive of the date of service. If you fail to do so, judgment by default will be taken
against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action
must be filed with the Clerk of the Court within a reasonable period of time after Service.
. . _, Will 0 ZH]?
PETER DALIEQ
CLERK DATE
kjgium DKAA/;\
(By) DEPUTY CLERK


Case 1 :07-cv-00782-JJ F Document 9 Filed 12/06/2007 Page 2 of 2


PROOF OF SERVICE
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DECLARATION OF SERVER

I declare under penalty of perjury under the laws ofthe United States of America that the foregoing information contained
in the Proof of Service is true and correct.
Executed on bh Q Q ‘ '_`\·
DATE SIG TURE OF SERVER
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A DRESS OF SERVER
Orca/are lifter

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1, 2006;
(c) PROTECTION OF PERSONS SUB.tEt`T TO SUBPOENAS. to or affected by the subpoena. quash or modify the subpoena or. ifthe party in whose behalf
(I) A pany or an attomey responsible for the issuance and service ofa subpoena shall take the subpoena is issued shows a substantial need for the testimony or material that cannot be
reasonable steps to avoid imposing undue burden or expense on a person subject to that otherwise met without undue hardship and assures that the person to whom the subpoena is
subpoena. The court on behalfof which the subpoena was issued shall enforce this duty and addressed will be reasonably compensated. the court may order appearance or production only
itnpose upon the party or attorney in breach of this duty an appropriate sanction. which may upon specified conditions.
include. brit is not limited to, lost earnings and a reasonable attorney‘s fee.
(2) (A) A person commanded to produce and pennit inspection, copying. testing. or (d) DUTIES IN RESPONDING T0 SUBPOENA.
sampling ofdesignated electronically stored information, books. papers. documents or tangible (I) (A) A person responding to a subpoena to produce documents shall produce them as
things. or inspection of premises need not appear in person at the place of production or they are keptinthe usual course ofbusiness or shall organize and label thernto correspond with
inspection unless commanded to appear for deposition, hearing or trial. the categories in the demand.
(B) Subject to paragraph (d)(2) ofthis rule. a person commanded to produce and permit (B) lfa subpoena does not specify the form or forms for producing electronically stored
inspection. copying. testing. or sampling may. within 14 days after service ofthe subpoena or information. a person responding to a subpoena must produce the information in a form or
before the time specified for compliance if such time is less than 14 days atier service. serve forms in which the person ordinarily maintains it or in a form or forms that are reasonably
upon the party or attorney designated in the subpoena written objection to producing any or all usable.
ofthe designated materials or inspection ofthe premises -— or to producing electronically stored (C) A person responding to a subpoena need not produce the satire electronically stored
information in the form or forms requested. lfobjection is made. the party serving the subpoena information in tnore than one fonn.
shall not be entitled to inspect. copy, test. or sample the materials or inspect the premises except (D) A person responding to a subpoena need not provide discovery of electronically
pursuant to an order ofthe court by which the subpoena was issued. lfobjection has been made. stored infonnation from sources that the person identities as not reasonably accessible because
the party serving the subpoena may. upon notice to the person commanded to produce. move of undue burden or cost. Orr motion to compel discovery or to quash. the person from whom
at any time for an order to cornpcl the production. inspection. copying. testing. or sampling. discovery is sought must show that the information sought is not reasonably accessible because
Such an order to compel shall protect any person who is not a party or an officer ofa party from of undue burden or cost. lf that showing is made. the court may nonetheless order discovery
significant expense resulting from the inspection. copying, testing. or sampling commanded. from such sources ifthe requesting party shows good cause. considering the limitations ofRule
(3) (A) On timely motion. the court by which a subpoena was issued shall quash or modify 26(b)(2)(C). The court may specify conditions for the discovery.
the subpoena if it (2) (A) When information subject to a subpoena is withheld on a claim that it is privileged
(i) fails to allow reasonable time for compliance; or subject to protection as trial·preparation materials. the claim shall be made expressly and
(ii) requires a person who is not a party or an officer ofa party to travel to a place shall be supported by a description ofthe nature ofthe documents. communications. or things
more than 100 miles from the placewhere that person resides.is employed or regularlytransacts not produced that is sufficient to enable the demanding party to contest the claim.
business in person, except that. subject to the provisions ofclause(c)(3)(B)(iii) ofthis rule. such (B) lf information is produced in response to a subpoena that is subject to a claim of
a person may in order to attend trial be commanded to travel from any such place within the privilege or ofprotcction as trial-preparation material. the person making the claim may notify
state in which the trial is held; any party that received the information ofthe claim andthe basis for it. After being notified.
(iii) requires disclosure of privileged or other protected matter and no exception or a party must promptly return. sequestcr. or destroy the specified information and any copies it
waiver applies; or has and may not use or disclose the information until the claim is rcsolxcd. A receiving party
(iv) subjects a person to undue burdcn. may promptly present the information to thc court under seal for a determination ofthe claim.
(B) lfa subpoena Ifthe receiving party disclosed the information before being notified. it rnrrst take reasonable
(i) requires disclosure ofa trade secret or other confidential research. development. steps to retrieve it. The person who produced the information rrrust preserve the information
or commercial information. or until the claim is resolved.
(ii) requires disclosure of an unretaincd experts opinion or infonnation not
describing specific events or occurrences in dispute and resulting from the cxpert`s study made (e) (`ONTEl\1PT. Failure ofany person without adequate excuse to obey a subpoena served upon
not at the request ofany party. or that pcrson may be deemed a contempt of the court frotn which tlte subpoena issued. An
(iii) requires a person who is not a party or an officer ot`a party to incur substantial adequate cause for failure to obey exists when a subpoena purports to require a nonparty to
expense totravel more than IUI) miles to attend trial.the court may. to protect a person subject attend or produce at a place not witltitr thc limits provided by clause (ii) of subparagraph
<¢><3>tA>.

Case 1:07-cv-00782-JJF

Document 9

Filed 12/06/2007

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Case 1:07-cv-00782-JJF

Document 9

Filed 12/06/2007

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