Free Motion to Compel - District Court of Delaware - Delaware

Case 1:08-mc-00063-JJF

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UNITED STATES DISTRICT COURT DISTRICT OF DELA WARE
DigaComm, LLC,
) )

Plaintiff,
v.

Vehicle Safety & Compliance, LLC,
Pittco Capital Parners, L.P., Pittco Capital Parners II, L.P.,

Andrew Seamons, l.R. "Pitt" Hyde,
Defendants.

) ) ) ) ) ) ) ) )
) )

Civil Action No.

Honorable

PETITION FOR A RULE TO SHOW CAUSE TO FISH & RICHARDSON P.e.
In support of its petition for a rule to show cause, DigaComm, LLC ("DigaComm") states
as follows:
1. This action arses from a subpoena issued by DigaComm to Fish & Richardson

P.C.

2. DigaComm is the plaintiff in an action against the Defendants currently pending

before the Honorable George Lindberg in the Northern District of Ilinois. In addition,
DigaComm is the claimant in an arbitration against an affiliate of the Defendants pending in the

State of Delaware. Discovery in the two proceedings has been conducted on a consolidated
basis.
3. DigaComm has alleged claims against the Defendants for fraud, tortious

interference with contract, and unjust enrichment. Its claims arse from its actions as a broker

acting on behalf of Vehicle IP, LLC ("VIP"), a Delaware limited liabilty company affiiated
with the Defendants. DigaComm alleges that it faciltated a joint venture between General

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Electric and VIP (the "GE Deal") designed to exploit patents held by VIP. After the GE Deal
had closed, DigaComm was denied its compensation by VIP and Defendants.
4. In connection with the prosecution of its claims, DigaComm issued a subpoena

from this Court to Fish & Richardson, P.C. ("Fish"). A copy of the subpoena to Fish is attached
as Exhibit 1 to this petition.
5. Fish is an important source of discoverable information. Fish is important

because, among other reasons, it served as counsel for VIP in connection with the GE DeaL. It

thus likely has discoverable information relating to that deal, which is the center of the litigation.

In addition, prior to VIP's and Defendants' decision to pursue the GE Deal, they had been engaged in extensive negotiations with Fish regarding potential a transaction to exploit the

patents by way of a contingent fee agreement. Fish is thus a likely repository of discoverable
information relating to the validity and value of VIP's patents.
6. It is important to note that Fish also serves as litigation co-counsel to VIP in the

arbitration proceeding. Cognizant of this dual role, DigaComm structured its subpoena so that it

excluded documents in Fish's litigation fie. (Ex. 1 at p. 4, Instruction 2.) This was done to
comply with Rule 45(c)(1).
7. Prior to issuing the subpoena in question, counsel for DigaComm sought the

voluntary compliance of Fish. On February 21, 2008, counsel for DigaComm requested by
letter, sent via email and Federal Express, that Fish's litigation

parner state whether Fish would

voluntarily accept service of

DigaComm's requests for documents.

8. Counsel for Fish ignored the request for voluntary compliance.

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9. As a result, DigaComm issued the subpoena to Fish on February 26,2008. The

subpoena was served on Fish's registered agent on February 29, 2008. The subpoena was
returnable on March 18, 2008.
10. Fish ignored the subpoena.

11. Even though Local Rule 7.1.1 may not apply in the case of a subpoena that is

ignored by the recipient, as a sign of good faith and out of an abundance of caution, DigaComm

has taken additional steps to secure voluntary compliance and which meet the requirements of

Local Rule 7.1.1. On Sunday, March 23, 2008, counsel for DigaComm sent, by email.afinal
request for compliance by Fish to Cathy L. Reese and Brian Rostocki, the Fish litigation

attorneys working on the arbitration and federal litigation. Counsel for DigaComm spoke with
Mr. Rostocki and was referred to John Steele, another Fish attorney.
12. Counsel for DigaComm spoke with Mr. Steele briefly on Monday, March 24. Mr.

Steele stated that he needed a day to figure out what happened and promised to call the next day.
No one from Fish called on Tuesday, March 25. Counsel for DigaComm sent an email to Mr.

Steele that same day and received no response.
13. Counsel for DigaComm sent another email to Mr. Steele on Wednesday, March

26, and again, received no response.
14. Counsel for DigaComm sent yet another email to Mr. Steele on Thursday, March

27. Mr. Steele responded, stating that Fish was stil looking and that he would call the next day.
No one from Fish called on Friday, March 28 or subsequently. Thus, as of March 31, more than
a week after its final attempt to secure voluntary compliance, DigaComm has received no

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explanation for Fish's noncompliance, no promise of immediate compliance, nor any other
substantive response relating to the subpoena.
15. DigaComm is required by the Court in which its case is pending to vigorously

pursue discovery. Judge Lindberg of the Northern District of Ilinois is the presiding judge in
this matter. Judge Lindberg requires that all discovery be completed within four months of the

Defendants' answer date. In addition, Judge Lindberg's standing order admonishes paries that

"Motions to compel are encouraged. The Court wil not accommodate paries who fail to
complete discovery because they were lulled into complacency by their opponent's unmet
promises."
16. DigaComm requests that a rule to show cause issue from this Court. DigaComm

requests a finding that (a) Fish is in contempt of the court order embodied in the subpoena served upon it; (b) Fish has waived any objections it might have under Rule 45(d); (c) that Fish must immediately produce document responsive to DigaComm's subpoena; and (d) Fish should pay
DigaComm's costs and attorneys fees in connection with the enforcement of the subpoena.

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CONCLUSION

WHEREFORE, DigaComm requests that the Court enter a Rule to Show Cause to Fish
and, upon a finding that good cause does not exist, entered the relief requested herein.

Dated: March 31, 2008

KIKLAND & ELLIS LLP
Reed S. Oslan, P.c.

Stephen C. Hackney Matthew E. Nirider 200 East Randolph Drive Chicago, Ilinois 60601 (312) 861-2000
and

PACHUSKI STANG ZIEHL & JONES LLP
ra Davis Jones (Bar No. 2436) es E. O'Neil (Bar No. 4042) Timothy Cairns (Bar No. 4228) 919 North Market Street, 1ih Floor P. O. Box 8705 Wilmington, DE 19899-8705
Telephone: (302) 652-4100
Facsimile: (302)-652-4400

Co-Counsel for the Debtors and Debtors in Possession

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EXHIBIT 1

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l-A088 (OF. Rev 01/07) Suhnnena in a Civil Case

Issued by the

UNITED STATES DISTRICT COURT
DISTRICT OF DELAWAR
DigaComm, LLC

SUBPOENA IN A CI CASE
i 08 C 338 (N.D. Case Number:

V.
Vehicle Safety and Compliance, LLC, et al.
II.)

TO: Fish & Richardson P.C., The Corporation Trust Company,
DE 19801

Corporation Trust Center, 1209 Orange Street, Wilmington,

o YOU AR COMMED to appear in the United States Distrct cour at the place, date, and tie specified below to
testify in the above case.
PLACE OF TESTIONY

o YOU AR COMMED to appear at the place, date, and tie specifed below to testif at the takg of a deposition
in the above case.
PLACE OF DEPOSIïION I DATE

r~
DATE AN

TIM

AN TI
the following documents or objects at the

(i YOU AR COMMANED to produce and permt inspection and copyig of

place, date, and tie specified below (list documents or objects):

See Attachment A

PLACE

919 N. Market Street, 17th Floor, Wilmington, DE 19899

DATE AN TIM

3/18/2008 10:00 am

~~ I~AN~
~orney for Plaintiff DigComm, LLC
ISSUING OFFICER'S NAME, ADDRE AN PHONE NUMBER

o YOU AR COMMED to peimt inspection of the following premies at the date and tie specified below.

Any organizaion not a par to this suit that is subpoened for the tag of a deposition shall designate one or more offcers,

direcors, or managíng agents, or other persons who consent to testfy on its behalf, and may set forth, for each person designted, the Civil Procedure, 30(b)(6). matters on which the person will testify. Federal Rules of
; SIGNATU AN TITLE (INICATE IF ATTORNY FOR PLATIF OR DEFENAN DATE

2/26/2008

Mattew E. Nirider, Kirkland & Ellis LLP, 200 E. Randolph Drive, Chicago, IL 60601

(312) 861-2000
(s.. Rul.4S, Fed.ral Rules of

Civil Prour, SubdivisioDs (c), (d). aid (e), OD nex page)

i If action is pending in distct other than distrct of issuace, slate distrct under cae numbe.

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A088 mE Rev 01107) Subnona in a Civil ('.a.e

i-?S 2125

PROOF OF SERVICE
DATE!,.-.f!
PLACE

SERVED

ctti Tn (b.
2/29/08 at 2:00 1M

12) Ot st., Wi IE 198
MAR OF SERVICE

SERVED ON (pRIT NAM IT" L£

F. & R:, p .c.
SERVE BY (pRIT

~ l: Sa Ia~l;;, M: 19 duy ai to ac se

NAM)

.Làl'
I declare under penalty ofpeijur under the laws of

P. ~
DECLARTION OF SERVER
the United States of America that

TITLE

the foregoing inonnation contaed

in the Prof of Service is tre and correct.

Executed on

3/3/08
DATE

mG~
(d) DiESIN REPOING TOSlPOEN.
the caiegones in the demd.

HATFIELD PR.OCESS SERVICE

ADDRE OF SERvh'w::.llatfisf$16SSSS. SSR')

1669 Jefferson Kansas City, MO 64108
th pa in whoe be

Rule 45, Fedeil Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1, 2006:
(c) PROlEON OF PRRS SUBcrTO SUBPOEN. 10 or affec by the subpo.. quih or mo the subpoe or, if

th (i) A par or.. attomey RSponible for ÎSand seiice ofasubpoena .hall tae the subpo i. is.ued shows a substati Deed for the tetiODY or maer thi canol be reaonble steps to avoid imosin undue buieD or exene on a pe.D subject to thaI otherise met without undue hadsp an asur that th pers 10 whom the subpo is
subpoe. The cour OD belf of which the subpoena was issued sban CDforce ths dut and addressed win beiconably compns, the cou may orer appece orpruc1OI only

impo UPOD the par or altmey in breach of this duly an appropriie sacton, which may UPOD spedfied codiioll
include, bui is DOl lied to,

lost eags and arcaoDable attorney's fee.
(i) (A) A p..on respondig to a subpena 10 produce documents sban produce th as
they ar kept in the u.ua coe business or shan orgaize Sld label diem to correspoDd with of

(2) (A) A per commed 10 produce and pcii iopcon, copyig, testig, or
saplig of designted electca stored inormtion, books, pap, doclltsortagi"le

thgs, or inOD of premes need DOt app in person al the plac of pructioD or
inspecton unles commded to apar for depositin, hearg or trL
and (B) SubJeclopaagrph (d)(2)ofthisrule, a peroDcommded to prouce penni inpecD, copyig, tetig, or sapling lOy, within 14 das a1 serce of subpen or the beor the ti sped for complice if su tie is les than 14 days afer servce, se

inormon, a pe responding to a subpo mu produce the inrmtioD in a form or foRD in which the pen ordinarly maintas it or in a form or foRD th ar reanably

(B) Ifasubpoendoesnotsp.cif the fomorformsforproducig elecoiicy stored

designate mateorinoD ofthepremses-ortoproncingelecnIcalystod ma thparscg th subpoeia shnotbe entied to inec copy, les or sale thmaal or inctthe premi.. except
of the informationinthfomiorfomireueled. IfobJeion is

upon the par or atomey designated in the subpoea wñtten objection to produg any or all

usble.
(C) A peresding to asubpoenaDeed notproduce th sa elecca sto
inomliD ii more ib ODe form

putoan orofth cobywhich th. subp was ised. IfobjeconhlSlimae,
the par scg th subp ma, up noti to the p..OD coded to prouce, move

(D) A 1'.. reondig to a subp ii ii prvide divei of elecly stoed inormti frm sourthttheperD idti as iilreonly acsible bec..
of

al any ti for an order to compel th prow:ou inpeon, copyig. testg, or salig.
Sucb an order tocompel sha prte anypeon who is Dota paroran offceofa par

signif cxe..e reg frm th. inspction, copyig, testig, or samlig commed

fr

disve is sougbtmus shw thltlelnfblin sogb is DolrC8blyacceible bec of undue burde or cot. If showi is mae, the co may DOthless ord diver thi
frm

unue buen or cot. On moliD to compe diser or to quash the pern fr whom
such sour ifthereqesparshows good ca, coider thelitioDS ofRule

the subpo if it (i) fail 10 anow reonable ti for complice

(3) (A) On tielymooD, the cobywhich a subpoena was i.sued.ha quab ormodif

26(b)(2)(C). The conn may spüy conditons for the dive.
(2) (A) WJ iiformtioasubjec 10 a subpoa is withld on a cl th ilis pred or subjec to proecoa as trrcpaon maenals lbe alai sh be made expressly an shall be suprt by a decron oflbe Dalu of the documts communications, or thgs

(ii) reui. a persD who is not a pa or an offcer of a par to trv.1 10 a place
morcthan IOOmifr thplacewherthaipeDresides. is employed buines inpeon, excepltht,subJetotheproviioDS of claus (cX3)()(ii)ofthisnie,such

or regulalyirllts

Dot produced thi is suent to enble the demdig par to coles the ala

a peron may in order to atnd ir be commed 10 trvel from an snch place wit the stat. in whi the tr is held;
(üi) requir diclos ofpriiled or other protectd matter

prige orofprteou as tr-prartioi mari th peamag the cJ ma DOti
any par th reived th inormtion of

(B) Ifinfortin is produce ii reoii to a subpoDa tht is subje to a cl of
th claim and the bais for it A1 bein DOti

an J1 exon or

a par mul pro re, seques, or destoy i1e spfi informD and any copie ii
his an may DOl.. or dislos the informD imti th cla is ..olved. A reivi par may protly prest th inorti to th conn wide seal fora detrmatOD of If th recivg par disclosed th inormtioJl before beig DOti it mu ta reonable

waiver applies; or

(iv) subject a pers 10 undue bur.
(B) Ifa subpoa

the cla

or coJIercÎal informon. or

(i) reuies dislosureofa trd. seet or other confdentire, devlopment,
(ii) re disclosor of an untaed expert's OpinOl or inormtiD DOl

steps to retreve it The per who prouced die inormtioD mul pree the inormtion
unti the claim is reolved
any pen withut adeuate e.cie 10 obe a subpoeaseed upon (e) CoPI. Fii of th persn iny be deeed a coDtempt of the conn fr which the subpoen isued Au

desriing spc evenls orocwren in dispute Dot at th requcs of an par, or

Sld resultig frm the exps stdy made

to (üi) requir a pe who is not a par or an offer ofa pa in substatial

adequate cause for falur 10 obe exis w1i a subpoena purt to reuire a nonpar to
(c)(3)(A).

exse to trvel moe than 100 miles 10 attend ir, th cou may, to prote a pe.D sujecl

attend or produce at a pla iil with the liits prded by cla (ú) or subparph

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RETURN OF SERVICE

UNITED STATES DISTRICT COURT District of Delaware
Case Number: 08C338

Plaintif/Petitioner:
DIGACOMM, LLC

vs. DefendanURespondent
VEHICLE SAFETY AND COMPLIANCE, LLC, et al.
For: Caroline P. Lippert KIRKLAND & ELLIS, LLP
Received by Hatfeld Process Service on the 28th day

of February, 2008 at 10:00 am to be served on Fish & Richardson,

P.C.~ Registered Agent: The Corporation Trost Company, 1209 North Orange Street, Wilmington, DE 19801. I.

u:llel rà , do hereby affrm that on the ~ day of R: . 20m. at -i:...,

executed service by delivering a tre copy of the Subpoena in a Civil Case with Attachment A in accordance wih stte statutes in the manner marked below:

as . M: 1l for the above-named entity.
( ) RECORDS as forCUSTODIANabove-named entity. the SERVICE: By servng

()lREGISTERED J,GENT SERVICE: By serving 'S: Ia~la

as

() CORPORATE SERVICE: By serving

for the above-named enti.

( ) OTHER SERVICE: As described in the Comments below.

( ) NON SERVICE: For the reason detailed in the Comments below.

COMMENTS:

I certfy that I have no interest in the above action, am of legal age and have proper authorit in the jurisdiction in which this service was made.

PROCESS SERVER # rm ~ (00 #s in IE)
Appointed in accordance

~-l .-with State Sttutes

Hatfeld Process Service

ww.Hatfeldprocess.Com
1669 Jefferson

Kansas City, MO 64108
(816) 842-9800 Our Job Serial Number: 2008002125
Copyrght ~ 1992-2006 Datase Seiv. Inc. . Pro Serets Toolbox V6.1b

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ATTACHMNT A
SUBPOENA DUCES TECUM

DEFITIONS
1. ''Docmnent'' mean ever wrting or record of every tye and description,

includig letters, correspondence, calendars, diares, memorada, tapes, electronic data or
storage, stenographic or handwrtten notes, studies, publications, books, pamphlets, pictures,
films, voice recordigs, reports, fiancial statements, applications, emails, tests, and includes all

copies of every wrtig or record when the copy is not identical to the original.
2. Requests for communcations or correspondence with legal entities shall extend to

communcations with employees, offcers, directors, members, preferred interest holders,
shareholders, or agents of

the legal entity in question.

3. "DigaComm" shall mean PlaitiffDigaComm, LLC, Peter Smith, and/or Jonathan

Tunck.
4. "Fish & Richardson," "you," or "your" shall mean Fish & Richardson, P.C. and

any parers, members, shareholders, associates, staf agents, consultants, employees,
representatives, and any other person(s) who are, or were, acting under your control or at your

direction. These tenn shall also include business organations (includig, but not limted to
cOIporations, professional corprations, parerships, limted parerships, lited liability ,

companes, limited liability parerships, and unicorprated associations) or trsts that you
control or that are controlled, diectly or indiectly, by entities that you control.

5. "VIP" shall mean Vehicle IP, LLC and any

agents, consultats, employees,

representatives, member, offcers, directors, and any otherperson(s) (including, but not limited
to, Bradley Larschan, Ericka Wojack, J. Raymond Bilbao, and Andrew Seamons) who are, or

were, acting under its control or at its diection. These terms shall also include business

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organzations (including, but not limted to corporations, parerships, lited parerships,

limited liabilty companes, limted liabilty parerships, and wicorporated associations)
and/or trsts that it controls or that are controlled, directly or indiectly, by entities that it

controls.

6. "VSAC" shall mean Vehicle Safety and Compliance, LLC and any agents,
consultants, employees, representatives, offcers, diectors, members, preferred interest holders
(including, but not limited to, Pittco Capital Parers, LP and Pittco Capita Parers II, LP), and

any other person(s) who are, or were, acting under its control or at its diection. These terms

shall also include business organations (includig, but not limted to corporations, parerships,
limited parerships, liited liability companes, limited liability parerships, and

wicorporated associations) and/or trsts that it controls or that are controlled, diectly or

indirectly, by entities that it controls.

7. "GE" shal mean General Electrc Co. and any subsidiares, (including, but not
limited to, the GE Intellectual Property Licensing division or subsidiar, whichever the case may

be), afliates, consultants agents, employees, (includig, but not limited to, Jimy Goo, Michael
Petracci, and Jim DiGeorgio) representatives, officers, diectors, members, and any other

person(s) or entities who are, or were, actig under your control or at your direction. These
terms shall also include business organations (includig, but not lited to corporations,

parerhips, lited parerships, limited liabilty companes, liited liabilty parerships, and
uncorporated associations) and/or trsts that it controls or that are controlled, directly

or

indirectly, by entities that it contrls.
8. "GE SPE" shall mean the entity that acquired a portolio of patents from VI as
par of the GE DeaL.

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9. "GE Deal" shall mea the transaction involving GE and VIP in which VI

contrbuted a portfolio of patents to the GE SPE.
10. "VI Patent Portolio" shall mean those patents contrbuted by VIP to the GE
SPE, and shall include, but not be liited to, U.S. Patent-Nos. 6,405,033; 6,301,480; 6,295,449;

6,240,295; 6,167,255; 6,148,202; 6,018,657; 6,009,:nO; 5,983,108; 5,966,658; 5,918,172;
5,884,221; 5,832,394; 5,826,195; 5,771,455; 5,734,981; 5,699,275; 5,652,707; 5,544,225;
5,539,810; 5,519,621; 5,513,111; 5,398,190; 5,299,132; and/or 5,155,689.

11. '"Economic Interest" shall mean a right, claim, legal share, membership unt,

preferred interest, or other thg of value.

12. "Monetize," "Monetzation," or "Monetizg," with respect to the VIP Patent
Portfolio, shall mean any proposed or actual syndication efforts, any proposed or actual

licensing
litigation, or other

efforts, any proposed or actual cross-licensing efforts, any proposed or actual

proposed or actual efforts to obtai a thg of

value relatig to the VIP Patent Portfolio.

13. "Complait" shall mean DigaComm's First Amended Complaint in ths action.

14. The connectives "and" and "or" shall be consted either disjunctively or
conjunctively as necessar to brig within the scope of the discover requests al responses that

might otherwise be construed to be outside of its scope.

15. Ai used herein, "referrg," "regarding," "relatig," "relates," or "respecting,"
any given subject matter means, in addition to the plai meang of

those words, respondig to,

describing, analyzing, embodyig, assessing, discussing, identifyng, or otherwse referrng
directly or indiectly to, in any way, the paricular subject matter identified.
16. The singuar form of a noun or pronoun includes the plural form, and the plural

form includes the singular.

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INSTRUCTIONS
1. Subject to hitrction No.2 below, with respect to any documents or information

witheld on a claim of attorney/client privilege, attorney work product privilege, or any

other

privilege, provide the author(s), the recipient(s), the date of

the commwications, and an express

statement ofthe privilege that describes the natue ofthe documents, cornwications, or thgs
not produced or disclosed in a maner that will enable DigaComm to assess the applicability of
the privilege or protection.
2. DigaComm understands that Fish & Richardson also serves as litigation counel

in the above-captioned matter. These requests should not be constred to include Fish &
Richardson's litigation files relating to ths matter. Thus, DigaComm does not expect Fish &
Richardson to log privileged communcations or attorney work-product that are located in its

litigation files for ths matter.
3. These requests are continuing in natue. Supplemental responses are required if

you obtain fuer inormation after your responses.

DOCUMNT REQUESTS
REQUEST NO.1: All documents relatig to the acquisition of the patents that constitute the VIP Patent Portolio, includig, but not limited to, communications with employees of the seller, notes, analyses or projections of curent or futue value.

RESPONSE TO REQUEST NO.1:

REOUEST NO.2: Al documents relating to the GE Deal, including, but not limted to email, corrspondence, draft, closing sets, negotiations, exhbits, budgets, side agreements, approvals,
and/or memoranda.

RESPONSE TO REQUEST NO.2:

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REQUEST NO.3: All documents relatig to DigaComm.

RESPONSE TO REOUEST NO.3:

REQUEST NO.4: All documents relating to Jo1m HalL.

RESPONSE TO REOUEST NO.4:

REQUEST NO.5: All correspondence or other communcations to or from GE relating to the GE SPE or the VI Patent Portolio.

RESPONSE TO REQUEST NO.5:

REQUEST NO.6: All documents relatig to Fundamental Wireless, LLC.

RESPONSE TO REOUEST NO.6:

REQUEST NO.7: All documents relatig to the validity of

the VIP Patent Portfolio, including,

but not lited to, patent fie histories, patent books, opinion letters, notes, analyses, and/or

clais chars.

RESPONSE TO REQUEST NO.7:

REQUEST NO.8: All estiates, projections, appraisal reports, valuation analyses, budgets, market studies, next-best-alterative analyses, design-aromid analyses, studies, reports, and/or any other documents relatig to the curent or futue value of the VIP Patent Portolio or the GE SPE.

RESPONSE TO REQUEST NO.8:

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REOUEST NO.9: All correspondence or other communcations between you and any thd
pares, auditors, accountats, ta professionals, and/or governent authorities, includig the Internal Revenue Service, relatig to the curent or futu value of the VIP Patent Portfolio, the

GE SPE, and/or Economic Interests in VI or VSAC.

RESPONSE TO REOUEST NO.9:

REQUEST NO. 10: All documents relating to effort to Monetize the VIP Patent Portolio, includig, but not limted to, thrd-par communcations, thd-pary solicitations, thd-par investments, third-par negotiations, private placement memorada marketing materials, licening memoranda, presentations, demands, suits, contemplated suits, analyses, budgets,
projections, clais chars, decks, and/or other estimates of curent, futue, and/or potential

revenue.

RESPONSE TO REOUEST NO. 10:

REOUEST NO. 11: All coiporate documents relatig to the GE SPE, including, but not lited
to, meetig miutes, member consents, LLC operatig agreements, membership agreements,

corporate resolutions, fairness opinons, private placement memoranda, shareholder agrements,
parership agreements, by-laws, and/or aricles of orgaiation.

RESPONSE TO REOUEST NO. 11:

REOUEST NO. 12: All corporate documents relatig to Fundamental Wireless, LLC,
includig, but not lited to, meetig miutes, member consents, LLC operatig agreements,

membership agreements, corporate resolutions, faiess opinons, private placement memoranda, shareholder agreements, parership agreements, by-laws, and/or aricles of organtion.
RESPONSE TO REQUEST NO. 12:

6

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REQUEST NO. 13: Al documents relating to efforts to Monetie any VIP patents prior to the GE Deal, includig, but not limited to, discussions or negotiations between you and VIP and/or
VSAC.

RESPONSE TO REQUEST NO. 13:

REQUEST NO. 14: All documents relating to SightSound Technologies or its transaction with GE and/or DigaComm.

RESPONSE TO REQUEST NO. 14:

REOUEST NO. 15: All documents relating to any internal GE process involvig the decision to approve the GE Deal, includig, but not limited to, due diligence documents, analyses, report, reommendations, decks, memoranda, and/or decisions.

RESPONSE TO REOUEST NO. 15:

REQUEST NO. 16: Any opinon letters regardig any of

the VI patents.

RESPONSE TO REQUEST NO. 16:

REQUEST NO. 17: Al documents relatig to any Economic hiterest you have in the GE SPE or the VI Patent Portolio.

RESPONSE TO REQUEST NO. 17:

REOUEST NO. 18: All documents relating to any Economic Interest you have in Fundamenta Wireless, LLC.
RESPONSE TO REQUEST NO. 18:

7

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UNTED STATES DISTRICT COURT
DISTRICT OF DELA WARE
DigaComm, LLC,
)

Plaintiff,
v.

) ) )
)

Civil Action No.

Honorable

Vehic1e Safety & Compliance, LLC,
Pittco Capital Parners, L.P.,

) )
)

Pittco Capital Partners II, L.P., Andrew Seamons, J.R. "Pitt" Hyde,
Defendants.

)
)

) ) )

ORDER TO SHOW CAUSE

Fish & Richardson P.c. ("Fish") is hereby ordered to show cause within 3 days of the
date of this order why it should not be held in contempt in light of its failure to respond to the
subpoena issued out of this Court on February 26, 2008.
IT is SO ORDERED this _ day of

,2008.

Honorable United States District Judge

6

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Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF DELA WARE
DigaComm, LLC,
) ) )

Plaintiff,
v.

Civil Action No.

) )
)

Honorable

Vehic1e Safety & Compliance, LLC,
Pittco Capital Parners, L.P., Pittco Capital Parners II, L.P.,

) )
)

Andrew Seamons, J.R. "Pitt" Hyde,
Defendants.

) ) ) )

CERTIFICA TE OF SERVICE
March 2008, I caused a

I, James E. O'Neil, hereby certify that on the 31st day of

copy of the following document(s) to be served in the manner indicated on the individuals on the
attached service list:

Petition For A Rule To Show Cause To Fish & Richardson P.C

&J~, ~Neil

Case 1:08-mc-00063-JJF

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Via email and Overni2:ht Mail Joseph L. Fogel John Z. Lee Kellye L. Fabian Freeborn & Peters LLP 311 S. Wacker Dr., Suite 3000 Chicago, IL 60606
Via email and Hand Deliverv Fish & Richardson P.C. The Corporation Trust Company
1209 Orange Street

Wilmington, DE 19801
Via email and Hand Deliverv Cathy L. Reese Brian M. RostockI Fish & Richardson, P.C. P.O. Box 1114 Wilmington, DE 19899-1114

8