Free Summons Returned Executed - District Court of Delaware - Delaware

,` , , , Case 1 :07-cv-00782-JJF Document 8-2 Filed 12/06/2007 Page 1 of 2
rAO 440 (Rev. 8/Ol) Summons in a Civil Action
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
SUN MICROSYSTEMS, INC.,
Plaintiff,
V SUMMONS IN A CIVIL ACTION
VERSATA ENTERPRISES, INC., VERSATA _ _
SOFTWARE, INC., VERSATA DEVELOPMENT Case Number- 7 ~· ~; 3
GROUP, INC., VERSAT A COMPUTER
INDUSTRY SOLUTIONS, INC., VERSATA, INC.,
TRILOGY, INC., and NEXTANCE, INC.,
Defendants.
TOS (Name and address of Defendant)
VERSATA COMPUTER INDUSTRY SOLUTIONS, INC.
c/0 Capitol Services, Inc.
615 South DuPont Highway
Dover, DE 19901
YOU ARE HEREBY SUMMONED and required to serve on PLAlNTIFF’S ATTORNEYS (name and address)
Paul J. Lockwood Jeffrey G. Randall
Michael A. Barlow David W. Hansen
SKADDEN, ARPS, SLATE MEAGHER & FLOM LLP SKADDEN, ARPs, SLATE, MEAGHER & 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 alter 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 tiled with the Clerk ofthe Court within a reasonable period of time after service.
. , y , , , , tT*i`/ Zta?
CLERK DATE
(By) DEPUTY CLERK

é Case 1 :07-cv-00782-JJ F Document 8-2 Filed 12/06/2007 Page 2 of 2
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V AO88 {DE Rev. Ol/07) Subgoena in a Civil Case

PROOF OF SERVICE
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SERVED ON (PRINT NAME) MANNER OF SERVICE
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SERVED BY (PRINT NAME) TITLE \
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DECLARATION OF SERVER

ldcclarc under penalty ofpcrjury under the laws 0f the United States 0f America that the foregoing infomation contained
in the Proof of Service is true and correct.
EX€CL1I€d 011 I I 5 m ¤
ATE SIGNATURE OF SERVER
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ADDRESS OF SERVER
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Rule 45, Federal Rules of Civil Procedure, Subdivisions (0), (d), and (e), as amended on December 1, 2006:
(e) PR0TEcTt0N 0r Parzsows Sutzmcr 10 Sunvoemts. to or affected bythe subpoena, quash or modify the subpoena on ifthc pany in whose behalf
(I) A party or an atmmcy responsible forthc 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 mr expense on a person subject to that otherwise met without undue hardship and assures that thc person m whom the subpoena is
subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and addressed will be reasonably c01npcnsated.thecc»u¤1may order appearance or production only
impose upon the party or attomey in breach of this duty an appropriate sanction, which may upon specified conditions.
include. but is not limited to, lost earnings and a reasonable att0rney’s {ece
(2) (A) A person commanded to produce and permit inspection, copying. testing. or (d) DUTIES IN RESPOND1NG TO SUBPOENA.
sampling ofdesignatcd electronically stored inf0rmati0n.b00ks. papers. documents or tangible (1) (A) A person responding to a subpoena to produce dncuments shall produce them as
things. or inspection of premises need nm appear in person at the place of production or they arc keptinthe usual course ofbusiness or shall organize and label themm correspond with
inspection unless commanded to appear for deposition. hearing or trial. the categories in the demand.
(B) Subject tm paragraph (d)(2) ofthis rule. a person commanded to produce and permit (B) lfa subpoena does not specify the fonn or forms tbr producing electronically stored
inspection. copying. tcsting,0r sampling may. within 14 days after service ofthe subpoena or infommticn. at person responding to a subpoena must produce the informatmn in a form or
before the time specified for compliance ifsuch time is less than I4 days after service. serve forms in which the person ordinarily maintains it or in a tbrm 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 premises4 or to producing electronically stored (C) A person respnndingtc a subpoena need not produce the same electronically stored
information in the form or forms requested. lfulqiectiun ismadc, the party serving the subpoena information in more than one forml
shall not be entitled to inspect, copy. test. or sample the materials or inspect the prcmisesexcept (D) A person responding to a subpoena nccd not provide discovery of electronically
pursuant ta an order ofthe coun by which thc subpoena was issucdi lfobjectmn has been made. stored infomation from sources that the person idernihes as not reasonably accessible because
the pany serving the subpoena may. upon notice to the person commanded to produce, move of undue burden or cost. On motion to compel discovery 01*10 quash. the person hom whom
at any time for an order tu compel 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 tl pany or an officer ofa party from of undue burden or cost. lfthat showing is made. thc court may nonetheless order discovery
significant expense resulting from the inspection. copying. testing. or sampling commanded. irom such sources ifthe requesting party shows good cause. considering the limitations of Rule
(3) (A) On timely motion, the court by which a subpoena was issued shall quash orinodify 26(b)(2)(C). The court may specify conditions for the discovery.
the subpoena ifit (2) (A) When inlbnnatimn 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 triabpreparation materials. the claim shall be made expressly and
(ii) requires a person whois not a pany or an officer ofa pany to travel to a place shall be supported by a description ofthe nature ofthe documents. communications. or things
more than 100 miles from the place where that person resides, is employed or regularly transacts not produced that is sufficient tu enable the demanding party t0 contest the claim,
busincssin person. except that. sulqicctm the provisions 0fclause(c)t3)(B)(iii) ofthis rule. such (B) lf information is produced in response to :1 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 ofprotection as triakpreparation 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 nfprivileged or other protected matter and no exception or a party must promptly return, sequcster. or destroy the spectricd information and any copies it
waiver applies; or has and may not use or disclose thc information until the claim is rcsmlx ed. A receiving party
(iv) subjects a person to undue burden, may promptly present thc information tm the court under seal for a determination ofthe claim,
{B) lfa subpoena Ifthe receiving party disclosed the infornnatimi before being untitled, it must take reasonable
ti) requires disclosure nfa trade secret or other cmilldential research. development. steps to retrieve it. The person who produced thc iuiihrmation must preserve the inlhrmation
or commercial information, ur until the claim is nesnlvccl.
(ri) requires disclosure nf an nnrctained experts opinion or information not
describing specific events oroccurrcnces in dispute and resulting from the experts study made te) CONTEMPT. Failure of any person without adequate excuse tn vbcy a subpoena served upon
not at the request ofany party, nr that person may be deemed a contempt 0i` the court from which the subpoena issued. An
(iii) requires zt person who is not a party or an officer ofa partyto incur substantial adequate cause for failure to obey exists when a subpoena purports to require a nnnparty to
expense to travel more than l0() miles to attend trial. thc court may, to protect a person subject attend or produce at a place not within the limits provided by clause tin) of subparagraph
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Case 1:07-cv-00782-JJF

Document 8-2

Filed 12/06/2007

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Case 1:07-cv-00782-JJF

Document 8-2

Filed 12/06/2007

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