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

Case 1:04-cv-00876-GMS

Document 144-2

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE TELCORDIA TECHNOLOGIES INC., Plaintiff/Counterclaim Defendant, v. CISCO SYSTEMS, INC., Defendant/Counterclaim Plaintiff. ) ) ) ) ) ) ) ) )

Civil Action No. 04-876 (GMS)

NOTICE OF SUBPOENA (STEVEN E. MINZER) PLEASE TAKE NOTICE THAT Defendant Cisco Systems, Inc. has served the attached subpoena on Steven M. Minzer.

MORRIS, NICHOLS, ARSHT & TUNNELL LLP /s/ Jack B. Blumenfeld (#1014) Jack B. Blumenfeld (#1014) Leslie A. Polizoti (#4299) 1201 North Market Street Wilmington, DE 19899-1347 (302) 658-9200 [email protected] Attorneys for Cisco Systems, Inc.

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OF COUNSEL: Matthew D. Powers Edward R. Reines Jessica L. Davis Sonal N. Mehta Thomas King WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 (650) 802-3000 Ryan Owens WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, NY 10153 (212) 310-8000 April 27, 2006

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United States District Court
DISTRICT OF
TELCORDIA TECHNOLOGIES, Inc. Plaintiff

NEW JERSEY

SUBPOENA IN A CIVIL CASE
CISCO SYSTEMS , INc. Defendant.
TO: CASE NUMBER: I

04- 876 (District of Delaware)

GMS

Steven E. Minzer
Lucent Technologies ,

Inc.

Whippany, NJ 07981 c/o Sasha Mayergoyz

Latham & Watkins

Sears Tower , Suite 5800 233 South Wacker Drive
Chicago, IL 60606

0 YOU ARE COMMANDED to appear in the United States District Court at the place , date , and time specified below to testify in the above case. PLACE OF TESTIMONY COURTROOM

D ATE AND TIME 0' YOU ARE COMMANDED to appear at the place, date , and time specified below to testify at the taking of a deposition in the above case. PLACE OF DEPOSITION DATE AND TIME

Wen, Gotshal & Manges LLP

PLACE

PREMISES
ATT NEYS FOR DEFENDANT CISCO SYSTEMS , INc.
Telephone: (650) 802- 3000

May 9, 2006 9:30 a. New York, NY 10153 0' 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): SEE A TT ACHMENT A DATE AND TIME Wen , Gotshal & Manges LLP May 5 , 2006 201 Redwood Shores Parkway 9:30 a. Redwood Shores, CA 94065
767 Fifth Avenue

YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. DATE AND TIME

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. Federal Rules of Civil Procedure. 30(b)(6). ISSUING OFFICER SIGNATURE AND TITLE (INDICATE DATE IF ATTORNEY FO LAINTIFF OR DEFENDANT) April 27, 2006

ISSUING OFFICER' S NAME , ADDRESS AND PHONE NUMBER

Sonal N. Mehta , Weil, Gotshal & Manges LLP, 201 Redwood Shores Parkway, Redwood Shores , California 94065;
(See Rule 45 , Federal Rules of Civil Procedure Parts C & D on Reverse) I If action is pending in district other than district of issuance , state district under case number.
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DATE

SERVED

April 27 , 2006

SERVED ON (PRINT NAME) Sasha Mayergoyz
SERVED BY (PRINT NAME) Sonal Mehta

PROOF OF SERVICE PLACE Latham & Watkins Sears Tower , Suite 5800 233 South Wacker Drive Chicago, IL 60606 MANNER OF SERVICE via email TITLE Associate

DECLARA TION OF SERVER

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and COlTect.

Executed on

12-"1-/

t?-

DATE

SIGNATURE OF SERVER

ADDRESS OF SERVER 201 Redwood Shores Parkway Redwood Shores, CA 94065
Rule 45 ,

Federal Rules of Civil Procedure , Parts C & D:

(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.
(I) A party or an attorney responsible for the issuance and service of a

that, subject to the provisions of clause (c)(3)(B)(iii) of this rule such a person may in order to attend trial be commanded to travel from any
such place within the state in which the trial is held , or

subpoena shall take reasonable steps to avoid imposing undue burden or
expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction , which may include , but
is not limited to, lost earnings and a reasonable attorney s fee.

(iii) requires disclosure of privileged or other protected matter
and no exception or waiver applies, or (iv) subjects a person to undue burden.

(B) If a subpoena
(i) requires disclosure of a trade secret or other

(2)(A) A person commanded to produce and permit inspection and copying
of designated books, papers ,

confidential

documents or tangible things, or inspection of

research , development , or commercial information, or
(ii) required disclosure of an unretained expert s opinion or

premises need not appear in person at the place of production or inspection unless commanded to appear for deposition , hearing or trial.

information not describing specific events or occurrences in dispute and
resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial , the court

(B) Subject

to paragraph (d)(2) of this rule , a person

commanded to

produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service , serve upon the party or attorney designated in the
the designated materials or of the premises. If objection is made , the party serving
or copying of any or all of

may, to protect a person subject to or affected by the subpoena , quash or
modify the subpoena or , if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions.
(d) DUTIES IN RESPONDING TO SUBPOENA.
(I) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand.

subpoena written objection to inspection

the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made , the party serving the subpoena may, upon notice to the person commanded to produce , move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded.
(3)(A) On timely motion , the court by which a subpoena was issued shall quash or modify the subpoena if it

(i) fails to allow reasonable time for compliance; (ii) requires a person who is not a party or an officer of a party

(2) When information subject to a subpoena is withheld on a claim that is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents , communications, or things not produced that is sufficient to enable

to travel to a place more than 100 miles from the place where that person
resides , is employed or regularly transacts business in person , except

the demanding party to contest the claim.

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TT A CHMENT

A
Defendant Cisco

Pursuant to Rule 45 of the Federal

Rules of Civil Procedure ,

Systems , Inc. hereby requests that Steven E. Minzer produce for inspection and copying the

documents described below.

INSTRUCTIONS

As used in these Requests , the singular shall include the plural , and the
past tense shall include the present tense , and vice versa; the words " and" and " " shall be both

conjunctive and disjunctive; the word " all" shall mean " any and all; " the word " including "
mean " including but not limited to " so as to be most inclusive.

shall

Documents produced in response to these requests should be produced as

they are kept in the usual course of business or should be organized and labeled to correspond
with the categories in the request.

If you contend that a portion of a document is subject to being withheld
under a claim of privilege or immunity from production or that a portion of a document is nonresponsive to the requests below , produce the entire document with any necessary redactions.

If any document is withheld under a claim of privilege or immunity from
production , separately identify each document for which such a privilege or immunity is claimed

with the following information:
(a)
(b)
(c)

the date of, or appearing on , the document;
the document's author;

the addressees of the document , if any;
the identity of each recipient of a copy of the document;
a description of the subject matter of the document;

(d)
(e)

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(g)

,"

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(f)

the pri vilege claimed; and

the basis on which the privilege is claimed.

If a document request is silent as to the time period for which a response is
sought , please respond by providing all information , regardless of time , through the date of your

response.

DEFINITIONS
As used herein
you " and " your" shall mean Steven E. Minzer.
Inc. , its predecessors and

Cisco " means Defendant Cisco Systems ,

successors , past and present parents , subsidiaries , divisions , affiliates , and other organizational or

operating units of any of the foregoing, and all past and present directors , officers , employees
agents , and representatives (including consultants and attorneys) of any of the foregoing.

Telcordia " means Plaintiff Telcordia Technologies , Inc. , its predecessors

and successors , including, but not limited to , Bell Communications Research , Inc. (" Bellcore
its past and present parents , subsidiaries , divisions , affiliates , and other organizational or

operating units of any of the foregoing, and all past and present directors , officers , employees
agents , and representatives (including consultants and attorneys) of any of the foregoing.

Patents- in- Suit " means US. Patent Nos. 4 893 306 , 4 835 763 , and RE

633 individually and collectively.

Related Patents " means any and all patents and patent applications
relating to the Patents in Suit ,

including any patents or patent applications (including but not

limited to all published , unpublished , pending, abandoned , divisional , continuation , continuation
in part

, or reissue applications) which share in whole or in part a common disclosure with the

Patents in Suit, including but not limited to US. Patent No. 5 260 978.

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, , "

"

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Document " shall be interpreted to the full extent permitted by the Federal
Rules of Civil Procedure and includes ,

without limitation ,

e-mail

, files stored on electronic

media ,

copies of letters ,

notes and records of telephone conversations , intra-corporate

communications ,
patents ,

minutes , bulletins , specifications , instructions , advertisements , literature

patent applications , specification sheets and diagrams , work assignments , reports
notes ,

memoranda , memoranda of conversations ,

notebooks ,

drafts , data sheets , work sheets

contracts and agreements , memoranda of agreements , assignments , licenses , sublicenses

opinions and reports of experts and consultants , books of account , orders , invoices , statements
bills ,
checks and vouchers , brochures , photographs , drawings , charts , catalogs , pamphlets

magazines , copies of magazines , decals , world- wide web and/or internet postings , trade letters

notices and announcements , and press releases; and all other printed , written , recorded , taped
electronic , graphic , computerized printout or other tangible materials of whatever kind known to

or in your possession , custody, or control. A draft or nonidentical copy is a separate document
within the meaning of this term.
As used herein

proceeding(s)" shall mean any litigation ,
request for

opposition

cancellation proceeding, mediation , arbitration , interference ,

reexamination

reexamination , reissue , or other judicial or administrative proceeding.

As used herein
conversation ,

communications(s)" shall

mean all discussions

negotiations , agreements , understandings , meetings , telephone conversations

letters , notes , memoranda , telegrams , advertisements or other
received from

forms

of information sent to or

any person or entity, whether oral , written or electronic.

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, "

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As used herein
referring to

relating to

shall mean pertaining to ,

concernIng,

, describing, discussing, reflecting, evidencing, constituting or resulting from the

matter specified.

SPECIFIC REQUESTS
REQUEST NO.

All documents and things relating to research into, development of,

efforts to

standardize or contributions to standards organizations relating to Asynchronous Transfer Mode
or ATM between 1980 and 1990.

REQUEST NO.

All documents and things relating

to research into ,

development of,

efforts to

standardize or contributions to standards organizations

relating to SONET between

1980 and

1990.

REQUEST NO.

All documents and things relating

to research into ,

development of , efforts to

standardize or contributions to standards organizations relating to SYNTRAN between 1980 and
1990.

REQUEST NO.

All documents and things relating

to research into ,

development of,

efforts to

standardize or contributions to standards organizations relating to A TM over SONET between
1980 and the present.

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REQUEST NO.

All documents and things relating

to research into ,

development of,

efforts to

standardize or contributions to standards organizations relating to the transmission of packetized
data over any synchronous transport between 1980 and the present.

REQUEST NO.

All documents and things relating to contributions by YOU or Bellcore to ANSI
Committee Tl. Dl.

REQUEST NO.

All documents and things relating to contributions by YOU or Bellcore to ANSI
Committee Tl.Xl.

REQUEST NO.

All documents and things relating to contributions by YOU or Bellcore to ANSI
Committee Tl.Sl.

REQUEST NO.
All documents and

things relating to individuals involved in the

research

development or standardization of ATM between 1980 and 1990.

REQUEST NO. 10
All documents and

things relating to individuals involved in the

research

development or standardization of SONET between 1980 and 1990.

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REQUEST NO. 11
All documents and

things relating to individuals involved in the

research

development or standardization of SYNTRAN between 1980 and 1990.

REQUEST NO. 12
All documents and

things relating to individuals involved in the

research

development or standardization of ATM over SONET between 1980 and the present.

REQUEST NO. 13
All documents and

things relating to individuals involved in the

research

development or standardization of the transmission of packetized data over any synchronous
transport between 1980 and the present.

REQUEST NO. 14

All documents and thing relating to the Next Generation Switch Symposium
Special Report SR- TSY- 000755 , Bell Communications Research ,
June 1987 ,
including

inter

alia all versions and drafts and documents relating to all contributors and recipients thereof.

REQUEST NO. 15
All documents and thing relating to the Preliminary Special Report on Broadband

ISDN Access ,
inter alia

SR- TSY- 000857 ,

Bell Communications Research , December 1987 ,

including

all versions and drafts and documents relating to all contributors and recipients

thereof.

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REQUEST NO. 16
All documents and thing relating to Bell

Communications Research Project

Numbers 423311

421306 422100 421301 423102 422202 and 421301 , including

inter alia

all documents , publications or reports produced , authored or created as pmi thereof.

REQUEST NO. 17

All documents and thing relating
including

to Bellcore

s Broadband ISDN Task Group

inter alia all documents , publications or repOlis produced , authored or created as part

thereof.

REQUEST NO. 18
All communications , including email communications between you and anyone at

Bell Communications Research or Telcordia concerning the subject matter or licensing of any of
the Patents- in- Suit.

REQUEST NO. 19
All communications , including email communications between you and anyone
outside of Bell

Communications Research or Telcordia concerning

the subject matter or

licensing of any of the Patents- in- Suit.

REQUEST NO. 20
All documents and things relating to Civil Action No. 98- 586 (D. Del.) between
Telcordia and Fore Systems , Inc. (also known as Marconi Communications , Inc. ), including all
documents that you provided to Telcordia or anyone else concerning that case.

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CERTIFICATE OF SERVICE I hereby certify that on April 27, 2006 I electronically filed the foregoing NOTICE OF SERVICE with the Clerk of the Court using CM/ECF, which will send notification of such filing to Steven J. Balick and John G. Day. I further certify that I caused to be served copies of the foregoing document on April 27, 2006 upon the following in the manner indicated: BY HAND John G. Day ASHBY & GEDDES 222 Delaware Avenue Wilmington, DE 19801 BY ELECTRONIC MAIL John Day ([email protected]) John Williamson ([email protected]) York Faulkner ([email protected]) Don Burley ([email protected]) BY FEDERAL EXPRESS Don O. Burley FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER 1300 I Street, N.W. Washington, DC 20005-3315

/s/ Jack B. Blumenfeld (#1014) MORRIS, NICHOLS, ARSHT & TUNNELL LLP 1201 North Market Street Wilmington, DE 19801 (302) 658-9200 [email protected]

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