AO 440 (Rev. 8/01) Summons in a Civil Action
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
SUN MICROSYSTEMS, INC.,
Pl ' t'ff,
V ml sU1v1MoNs IN A CIVIL ACTION
VERSATA ENTERPRISES, INC., VERSATA _
SOFTWARE, TNC., VERSATA DEVELOPMENT Cm N“mb“· —— ,», .;.. ... Q ig,
GROUP, INC., VERSATA COMPUTER ` °
INDUSTRY SOLUTIONS, INC., VERSATA, INC.,
TRILOGY, INC., and NEXTAN CE, INC.,
Defendants.
TOC (Name and address of Defendant)
VERSATA SOFTWARE, INC.
c/o Capitol Services, Inc.
9 East Loockerman Street, Suite 214
Dover, DE 19901
YOU ARE HEREBY SUMMONED and I'€qui1‘€d to SGYVC 011 PLAINTIFF’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 stunmons, 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.
lYC/ 3 0 ZUU?
li. DAi.l..iE®·
CLERK DATE
(By) DEPUTY CLERK
t Case 1 :07-cv-00782-JJ F Document 6 Filed 12/06/2007 Page 2 of 2
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AO88 {DE Rev, OI/07) Subpgena in 21 Civil Case
PROOF OF SERVICE
DATE PLACE . __
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SERVED BY (PRINT NAME) TITLE —
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DECLARATION OF SERVER
I declare under penalty of perjury under the laws ofthe United States 0fAme1ica that the foregoing information contained
in the Proof of Service is true and correct.
Executed on I l 5 [[*2 -
ATE S1 ATURE 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:
(c)PROTEL‘T10N or Petzsows Suuiecr TO Suevoemxs. to or affected by the subpoena, quash or modify the subpoena or. ifthe pany in whose behalf
{1) A 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 ofthis duty an appropriate sanction. which may upon specified conditions,
include, but is not limited to, lost earnings and a reasonable attorney’s fee.
(2) (A) A person commanded to produce and permit inspection. copying. testing. or (d) DUTIESIN RESPONDlNG TO SUBPOENA.
sampling ofdesignated electronically stored int`0rmation.bo0ks. papers. documents or tangible (1) (A) A person responding to a subpoena to produce documents shall produce thetn as
things. or inspection ot` premises need not appear in person at the place of production or they are kept inthe usual course ofbusiness or shall organize and label themto correspond with
inspection unless cmnmandcd to appear lor 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 fonn 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 infonnation in a tbrm or
before the time specified for compliance it` such time is less than 14 days after 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, lfobjection is made. the party servingthe subpoena information in more than one form.
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. lfolqiection has been made. stored information from sources that the person identities as not reasonably accessible because
\l]€ paffy S€f\'lI'\g {lll? Slll)p0€l'I£l 1118)/. I.l|')OH notice tothe [JCISOII C(`ll'l7Ill£\H(.l€d to pf()lll\C€. l`ll0\'€ of Ufldlle l3Ul'(l€h OF COSI. OI] IT]Otl0D to compel (llSCO\'€Yy Of to ql1ZiSh. tl'l€ [)ETSOI’l i`l'0I`t1 \\'hO|Tl
at any time for an order to compel the production. inspection. copying, testing, or sampling. discovery is sought must show thatthe information sought is not reasonably accessible because
Such an order to compel shall protect any person whois not a party or an officer ofa party from of undue burden or cost. lfthat 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 ot`Ru]e
(3) (A) On timely motion. the court by which a subpoena was issued shall quash orniodity 26(b)(2)(C). The coun 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) tails 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 HDI a party or an officer ot`a 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 orregularlytransacts not produced that is sufficient to enable the demanding party to contest the claim.
business in person. except that. subjecttothe provisions ofcIause(c)(3)tB)(iii) ofthis rule. such (B) lfinfortnation 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 thc privilege or ofprotection as triakpreparation material. the person making the claitn may notify
state tn which the trial is held; any party that received the information ofthe claitn and the basis for it. After being notified.
(iii) requires disclosure ofprivileged or other protected matter and no exception or a party must promptly return, sequester. or destroy the speciticd infonnation and any copies it
waiver applies; or has and may not use or disclose the information until the claim is resolved. A receiving party
(iv) sulqiccts a person to undue burden. may promptly present the information tothe court under seal for a determination ofthe claim.
(B) lfa subpoena lfthc receiving pany disclosed the information before being notined. it must take reasonable
(1) requires disclosure ofa truclc secret or other conlidential rcscarclts developrncntt steps to retrieve it. The person who produced the information must preserve the information
or commercial information. or until the claim is resolved.
(it) requires disclosure ol` an unretaincd expcrt's opinion or inlbrtnation not
describing specific events or occurrences in disputc and resulting from the experts study made (c) (`ONTLMPT, Failure ofany person without adequate excuse to ohey a subpoena served upon
not at thc request ofany party. or that person may be deemed a contempt ofthe court from which the subpoena issued. An
(iii) requires a person who is not a party or an ofticer ol`a party to incur substantial adequate cause for failure to obey exists when a subpoena purports to require :1 nonpany to
expense to travel more than 100 miles to attcndtrial.thc coun may, to protect a person subject attend or produce at a place not within the limits proxided by clause (ii) of subparagraph
t¢l<3><»\>·
Case 1:07-cv-00782-JJF
Document 6
Filed 12/06/2007
Page 1 of 2
Case 1:07-cv-00782-JJF
Document 6
Filed 12/06/2007
Page 2 of 2
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