{AO 440 (Rev. 8/01) Summons in 21 Civil Action
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
SUN MICROSYSTEMS, INC.,
Plaintiff]
V SUMMONS IN A CIVIL ACTION
VERSATA ENTERPRISES, INC., VERSATA _
SOFTWARE, 1NC., VERSATA DEVELOPMENT Cass N““‘b€*· , ( __ p
GROUP, INC., VERSATA COMPUTER Q if { éé ¤1i .
INDUSTRY SOLUTIONS, INC., VERSATA, INC.,
TRILOGY, INC., and NEXTANCE, INC.,
Defendants.
TOZ (Name and address of Defendant)
VERSATA DEVELOPMENT GROUP, INC.
c/o Capitol Services, Inc.
9 East Loockerrnan Street, Suite 214
Dover, DE 19901
YOU ARE HEREBY SUMMONED and required to serve on PLAINTIFF’S ATTORNEYS (name and address)
Paul J. Lockwood Jeffrey G. Randall
Michael A. Barlow David W. Hansen
SKADDEN, ARr>s, 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 420) 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.
, p W7 3 0 ZBIII
EETEE T. DAL-L@
CLERK DATE
kguvx 0
(By) DEPUTY CLERK
. Case 1 :07-cv-00782-JJ F Document 7 Ftled 12/06/2007 Page 2 of 2
AO88 (DE Rev, Ol/07) Subgoena in a Civil Case
PROOF OF SERVICE
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DECLARATION OF SERVER
I declare under penalty of perjury under the laws 0f the United States 01"America that the foregoing infomation contained
in the Proof 0f Sewice is true and correct.
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Executed on i t ~ L! ‘ V`}
DATE Sl T E F SER ER ·
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ADDRESS OF SERVER
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Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (cl), and (e), as amended on December l, 2006:
(c) PRO't’Et"Il(»N OF PERSONS SUB.IEt`T TO SUBPOENAS. to or aftected by the subpoena. quash or modify the subpoena or. ifthe party in whose behalf
(1)/X party or an attorney 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 behalf of which the subpoena was issued shall enforce this duty and addressed will be reasonably compensated, the court may order appearance or production only
impose upon the party or attorney in breach of this duty an appropriate sanction. which may upon specilied conditions.
include, but is not limited to, lost earnings and a reasonable attorneys fee.
(2) (A) A person commanded to produce and permit inspection. copying, testing. or (d) l)UTtEslN RESPONDING TO SUBPOEN/t,
sampling ofdesignated electronically stored information. books. papers. documents or tangible (l)(A) A person responding to :1 subpoena to produce documents shall produce them as
things, or inspection of premises need not appear in person at the place of production or theyare kept inthe usualcourse ofbusiness or shall organize and label themto correspond with
inspection unless commanded to appear for deposition. hearing or trial. the categories tn the demand.
(B) Subject to paragraph (d)(2) ofthis rule, a person commanded to produce and permit (B) Ifa subpoena does not specify the fomi or fomis for producing electronically stored
inspection. copying. testing. or sampling may. within 14 days aher service ofthe subpoena or informatinnc a person responding to a subpoena tnust produce the infonnation in a form or
before the time specified for compliance ifsuch time is less than I4 days aher 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 same electronically stored
information in the form or forms requested, lfobiection ismade. the party servingtlie subpoena information in more than one lorm.
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 vt hieh the subpoena was issued. lfobjection has been made, stored tnfortnation from sources that the person identifies as not reasonably accessible because
Ill€ [)2]l'Iy S€T\’lDg Ih€ Sl1lJp00l'l€\ Illily, UPON notice tothe [JETSOH COlYll'I\3l’td€d to |7TO(lUCC. IHOVC of UlldL\€ bl.ll'd€I'l Of COSI. OI'! l'IlOIlOf\ to €()lTl|')€l dlSCOV€I'y Of to qU2\Sh. IhE p€I'SOl'l fl’(>Il'I Wh0I\1
at any time for an order to 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 a party or an ofhcer ofa party from ol` undue burden or cost. lf that showing is made. the coun may nonetheless order discovery
signiticant expense resulting from the inspection. copying, testing. or sampling commanded. from such sources ilthe requesting party shows good cause. considering the limitations 0fRule
(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 il` 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 triahpreparation materials. the claim shall be made expressly and
(ii) requires a person who is not a party or an ofticer ofa pany to travel to a place shall be supported by a description ofthe nature ofthe documents, communications, or things
morethan l00tniles fromthe plaecwhcre that person resides, is employed or regularlytransacts not produced that is suflicient to enable the demanding party to contest the claim.
business in persortexcept that.suhiect tothe provisions ofclause (e)(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 afprotection 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 and the basis for itu After being notified.
(iii) requires disclosure of privileged or other protected matter and no exception or a party must promptly return. sequester. or destroy the specified infonnation and any copies it
waiver applies; or has and may not use or disclose the information until the claim is resolved. A receiving pany
(it ) subjects a person to undue burden. may promptly present the information to the court under seal lor a determination ofthe claim.
(B) lfa subpoena Ifthe receiving party disclosed the information before being notified. it must take reasonable
(i) requires disclosure ol`a trade secret or other conlidential research. development. steps to retrieve it. The person who produced the information must preserve the information
or commercial irtforrnation. or until the claim ts resolved.
(ii) requires disclosure of an unretained expert’s opinion or information not
describing specific events or occurrences in dispute and resulting from the expert`s stud) made tc) L`ON'I`kMI’1, Failure ofany person without adequate excuse to obey a subpoena served upon
not at the request ofany party. or that person may be deemed a contempt ofthe court from which the subpoena issued. /\n
(ni) requires at pei son who is not a party or an otlicer ofa partyto incur substantial adequate cause for failure to obey exists when a subpoena purports to require a nonparty to
expense to travel more than 100 miles to attend trial, the court may, to protect a person subiect attend or produce at a place not within the limits provided by clause (ii) of subparagraph
Case 1:07-cv-00782-JJF
Document 7
Filed 12/06/2007
Page 1 of 2
Case 1:07-cv-00782-JJF
Document 7
Filed 12/06/2007
Page 2 of 2
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