New Pacer--SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
UNITED STATES DISTRICT COURT for the NORTHERN DISTRICT OF CALIFORNIA
HTC Corporation and HTC America, Inc.
Plaintiff
V.
Technology Properties Limited, Patriot Scientific Corporation and Alliacense Limited
Defendant
If the action is pending in another district, state where:
SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
To:
Dr. M. David May, 9 Eaton Crescent, Clifton, Bristol BS8 2EJ, United Kingdom do Cooley LLP, Kyl Chen, 3175 Hanover Street, Palo Alto, CA 94304 [g] Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a
deposition to be taken in this civil action. If you are an organization that is not a party in this case, you must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or those set forth in an attachment:
Place: Date and Time:
Farella Braun & Martel LLP November 15, 2010
235 Montgomery Street, 17 th Floor 9:30 a.m.
San Francisco, CA 94104
The deposition will be recorded by this method: Videographer and stenographer OProduction: You, or your representatives, must also bring with you to the deposition the following documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the material:
The provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule 45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are attached.
Date: October 29, 2010
CLERK OF COURT
Signature of Clerk or Deputy Clerk
The name, address, e-mail, and telephone number of the attorney representing (name of party) Technology Properties Limited and Alliacense Limited , who issues or requests this subpoena, are:
Eugene Y. Mar, Farella Braun & Martel LLP, 235 Montgomery Street, 17 th Floor, San Francisco, CA 94104
American LegaliNel, Mc.
Date: October 29, 2010
AO 88A (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action (Page 2)
[pre]Civil Action No. 5:08-cv-00882[/pre]ROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.) This subpoena for (name of Individual and title, if any) Dr. M. David May c/o Cooley LLP, Kyle Chen was received by me on (date) October 29, 2010 E I served the subpoena by delivei-ing a copy to the named individual as follows: Electronic Mail and US Mail to Dr. M. David May, 9 Eaton Crescent, Clifton, Bristol BS8 2EJ, United Kingdom, c/o Cooley LLP, Kyle Chen, 3175 Hanover Street, Palo Alto, CA 94304 on (date) October 29, 2010; or D I returned the subpoena unexecuted because Unless the subpoena was issued on behalf ot the United States, or one of its officers or agents, I have also tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of My fees are $ for travel and $ for services, for a total of $ 0.00 I declare under penalty of perjury that•this information is true.
Server's signature
Mindy Claros - Legal Secretary
Printed name and title
Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Server's address
Additional information regarding attempted service, etc:
Amnion LegalNet, Inc.
Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07)
(c) Protecting a Person Subject to a Subpoena.
(1) Avokling Undue Burden or Expense; Sanctions. A party or
attorney responsible for issuing and serving a subpoena must take
reasonable steps to avoid imposing undue burden or expense on a
person subject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction — which may include lost earnings and reasonable attorney's fees — on a party or attorney who fails to comply.
(2) Command to Produce Materials or Pernilt Inspection.
(A) Appearance Not Required A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspectioh unless also commanded to appear for a deposition, hearing, or trial.
(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises — or to producing electronically stored information in the form or fonns requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. Han objection is made, the following rules apply:
(i) At any time, on notice to the commanded person, the serving
party may move the issuing court for an order compelling production or inspection.
(ii) These acts may be required only as directed in the order, and
the order must protect a person who is neither a party nor a party's
officer from significant expense resulting from compliance.
(3) Quashing or Mody: Ping a Subpoena.
(A) When Required. On timely motion, the issuing court must
quash or modify a subpoena that:
(i) fails to allow a reasonable time to comply;
(ii) requires a person who is neither a party nor a party's officer to travel more than 100 miles from where that person resides, is employed, or regularly transacts business in person — except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held;
(iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by
a subpoena, the issuing court may, on motion, quash or modify the
subpoena if it requires:
(i) disclosing a trade secret or other confidential research,
development, or commercial information;
(ii) disclosing an unretained expert's opinion or information that
does not describe specific occurrences in dispute and results from
the expert's study that was not requested by a party; or
(iii) a person who is neither a party nor a party's officer to incur substantial expense to travel more than 100 miles to attend trial.
(C) Specifying Conditions as an Alternative. In the circumstances
described in Rule 45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under
specified conditions if the serving party:
(1) shows a substantial need for the testimony or material that
cannot be otherwise met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably
compensated.
(d) Duties in Responding to a Subpoena.
(1) Producing Documents or Electronically Stored Information.
These procedures apply to producing documents or electronically
stored information:
(A) Documents. A person responding to a subpoena to produce
documents must produce them as they are kept in the ordinary
course of business or must organize and label them to correspond to the categories in the demand.
(B)Form for Producing Electronically Stored Information Not
Specified If a subpoena does not specify a form for producing
electronically stored information, the person responding must
produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. (C)Electronically Stored Information Produced in Only One
Form. The person responding need not produce the same
electronically stored information in more than one form.
(D)Inaccessible Electronically Stored Information. The person
responding need not provide discovery of electronically stored
information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery. • (2) Claiming Privilege or Protection.
(A)Information Withheld. A person withholding subpoenaed
information under a claim that it is privileged or subject to
protection as trial-preparation material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld documents,
communications, or tangible things in a manner that, without
revealing information itself privileged or protected, will enable the parties to assess the claim. (B)Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trialpreparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a detennination of the claim. The person who produced the information must preserve the information until the claim is resolved.
(e) Contempt, The issuing court may hold in contempt a person
who, having been served, fails without adequate excuse to obey the
subpoena. A nonparty's failure to obey must be excused if the
subpoena purports to require the nonparty to attend or produce at a place outside the limits of Rule 45(c)(3)(A)(0).
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