Case 1:23-cv-00278-MN Document 63 Filed 03/07/24 Page 1 of 47 PageID #: 1337
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 23-278-MN
`
`JURY TRIAL DEMANDED
`
`)))))))))
`
`
`
`PAYRANGE INC.,
`
`Plaintiff,
`
`v.
`
`CSC SERVICEWORKS, INC.,
`
`Defendant.
`
`NOTICE OF SUBPOENAS TO BRIGHTAI
`
`PLEASE TAKE NOTICE that, pursuant to Rules 30 and 45 of the Federal Rules of Civil
`
`Procedure, Plaintiff PayRange, Inc. will serve subpoenas to testify at a deposition and to produce
`
`documents upon BrightAI Corporation, copies of which are attached as Exhibits 1 and 2.
`
`Respectfully submitted,
`POTTER ANDERSON & CORROON LLP
`
`By: /s/ Bindu A. Palapura
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Andrew M. Moshos (#6685)
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`amoshos@potteranderson.com
`
`Attorneys for Plaintiff PayRange Inc.
`
`OF COUNSEL:
`
`James C. Yoon
`Ryan R. Smith
`Christopher D. Mays
`Alexander Miller
`WILSON SONSINI GOODRICH & ROSATI
`Professional Corporation
`650 Page Mill Road
`Palo Alto, CA 94304-1050
`Tel: (650) 493-9300
`
`Jamie Y. Otto
`WILSON SONSINI GOODRICH & ROSATI
`Professional Corporation
`953 East Third Street, Suite 100
`Los Angeles, CA 90013
`Tel: (323) 210-2900
`
`Dated: March 7, 2024
` 11366878 / 23372.00001
`
`

`

`Case 1:23-cv-00278-MN Document 63 Filed 03/07/24 Page 2 of 47 PageID #: 1338
`Case 1:23-cv-00278-MN Document 63 Filed 03/07/24 Page 2 of 47 PagelD #: 1338
`
`EXHIBIT 1
`
`

`

`Case 1:23-cv-00278-MN Document 63 Filed 03/07/24 Page 3 of 47 PageID #: 1339
`
`AO 88A (Rev. 12/20) Subpoena to Testify at a Deposition in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`__________ District of __________
`District of Delaware
`
`Civil Action No.
`
`23-278-MN
`
`))))))
`
`PAYRANGE INC.
`Plaintiff
`v.
`CSC SERVICEWORKS, INC.
`Defendant
`
`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
`
`To:
`
`BRIGHTAI CORPORATION c/o Corporation Service Company, 251 Little Falls Dr., Wilmington, DE 19808
`(Name of person to whom this subpoena is directed)
`
`’ 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, you must promptly confer in good faith with the
`party serving this subpoena about the following matters, or those set forth in an attachment, and you must designate one
`or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf about
`these matters:
`See Attachment A.
`
`Place:
`
`Wilson Sonsini Goodrich & Rosati, 222 Delaware Ave.,
`Suite 800, Wilmington, DE 19801
`
`Date and Time:
`
`04/05/2024 9:00 am
`
`The deposition will be recorded by this method:
`
`Stenographically and by video
`
`’ Production: You, or your representatives, must also bring with you to the deposition the following documents,
`electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the
`material:
`See Attachment A.
`
`The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`
`Date:
`
`3/07/2024
`
`CLERK OF COURT
`
`Signature of Clerk or Deputy Clerk
`
`OR
`
`/s/ Ryan R. Smith
`Attorney’s signature
`
`PayRange Inc.
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`, who issues or requests this subpoena, are:
`Ryan R. Smith, Wilson Sonsini Goodrich & Rosati, 650 Page Mill Road, Palo Alto, CA 94304 rsmith@wsgr.com; (650)
`493-9300
`
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things before
`trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to
`whom it is directed. Fed. R. Civ. P. 45(a)(4).
`
`

`

`Case 1:23-cv-00278-MN Document 63 Filed 03/07/24 Page 4 of 47 PageID #: 1340
`
`AO 88A (Rev. 12/20) Subpoena to Testify at a Deposition in a Civil Action (Page 2)
`
`Civil Action No.
`
`23-278-MN
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, if any)
`.
`
`on (date)
`
`’ I served the subpoena by delivering a copy to the named individual as follows:
`
`’ I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the 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.
`
`Date:
`
`Additional information regarding attempted service, etc.:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`

`

`Case 1:23-cv-00278-MN Document 63 Filed 03/07/24 Page 5 of 47 PageID #: 1341
`
`AO 88A (Rev. 12/20) Subpoena to Testify at a Deposition in a Civil Action (Page 3)
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`(i) disclosing a trade secret or other confidential research, development,
`or commercial information; or
`(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.
`(C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
`(i) 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.
`
`(c) Place of Compliance.
`
`(1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
`(A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
`(B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
`(i) is a party or a party’s officer; or
`(ii) is commanded to attend a trial and would not incur substantial
`expense.
`
`(2) For Other Discovery. A subpoena may command:
`(A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
`(B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
`(1) Avoiding 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 court for the district where compliance is required 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 Permit 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 inspection 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 forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
`(i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required 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 Modifying a Subpoena.
`
`(A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
`
`(i) fails to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
`(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 court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`
`(e) 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
`trial-preparation 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 under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`

`

`Case 1:23-cv-00278-MN Document 63 Filed 03/07/24 Page 6 of 47 PageID #: 1342
`
`ATTACHMENT A
`
`The following definitions are applicable to the Deposition Topics and Document
`
`Requests below:
`
`DEFINITIONS
`
`1.
`
`The term “PayRange” means PayRange Inc., the plaintiff identified in the above
`
`matter, including its predecessors and successors, subsidiaries and related companies, and its
`
`present and former officers, directors, employees, agents, representatives, consultants, attorneys,
`
`accountants, and others acting or purporting to act on its behalf.
`
`2.
`
`The term “CSC” means CSC ServiceWorks, Inc., the defendant in the above-
`
`entitled matter, including its predecessors and successors, subsidiaries and related companies,
`
`and its present and former officers, directors, employees, agents, representatives, consultants,
`
`attorneys, accountants, and others acting or purporting to act on its behalf.
`
`3.
`
`The terms “you,” “your,” and “BrightAI,” mean BrightAI Corporation, including
`
`its predecessors and successors, subsidiaries and related companies, and its present and former
`
`officers, directors, employees, agents, representatives, consultants, attorneys, accountants, and
`
`others acting or purporting to act on its behalf.
`
`4.
`
`The term “Asserted Patents” collectively refers to the following: United States
`
`Patent Nos. 8,856,045 (the “’045 Patent”); 10,438,208 (“the ’208 Patent”); 10,891,608 (“the ’608
`
`Patent”); and 11,481,772 (“the ’772 Patent”).
`
`5.
`
`The term “Accused Products” or “CSC Go” mean CSC Go, including at least all
`
`supporting software, computer systems, and/or servers providing functionality accused of
`
`infringing one or more claims of the Asserted Patents, including facilitation cashless transactions
`
`

`

`Case 1:23-cv-00278-MN Document 63 Filed 03/07/24 Page 7 of 47 PageID #: 1343
`
`for purchase of at least one product or service by a user from a payment accepting unit, e.g., a
`
`laundry machine or vending machine.
`
`6.
`
`The term “document” means any document or thing as defined in Rule 34(a) of
`
`the Federal Rules of Civil Procedure and “writing and recording” as defined in Rule 1001(1) of
`
`the Federal Rule of Evidence, including without limitation electronic documents and information
`
`in any form in which it may exist.
`
`7.
`
`The term “person” means, unless otherwise specified, any natural person, firm,
`
`entity, company, corporation, partnership, trust, proprietorship, association, joint venture,
`
`government or government agency or other form of business organization or arrangement of
`
`every nature and type, and its agents and employees.
`
`8.
`
`9.
`
`Use of the singular also includes the plural and vice-versa.
`
`The terms “and” and “or” should be understood either disjunctively or
`
`conjunctively as necessary to bring within the scope of any request all information that might
`
`otherwise be construed to be outside of its scope.
`
`“Any” and “all” should be understood to include “each and every.”
`
`“Damages Period” means the period commencing on March 15, 2017 through the
`
`10.
`
`11.
`
`present.
`
`12.
`
`Each request contemplates production of all documents in their entirety. If only a
`
`portion of a document is responsive to one or more requests, the document shall be produced in
`
`its entirety.
`
`13.
`
`To the extent you assert that a document contains information that should be
`
`protected from disclosure (based on the attorney-client privilege, work product doctrine, or
`
`another protection) and non-privileged information, the non-privileged portions of the document
`
`

`

`Case 1:23-cv-00278-MN Document 63 Filed 03/07/24 Page 8 of 47 PageID #: 1344
`
`must be produced. For each document, indicate the portion of the document withheld by
`
`stamping the words “MATERIAL REDACTED [AS [BASIS FOR PROTECTION]]” on the
`
`document in an appropriate location that does not obscure the remaining text.
`
`DEPOSITION TOPICS
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`The nature, functionality, design, structure, and/or operation of each version of the
`Accused Product.
`
`The authenticity, structure, and organization of source code for the Accused Product,
`including the mobile app, server code, and firmware for hardware installed in laundry
`machines.
`
`Research and development of the Accused Product, including any review of competitive
`offerings.
`
`Information, instructions or directions provided to CSC relating to or regarding the
`design, function, operation, performance, manufacture, use, sale, offer for sale,
`distribution or importation of the Accused Product.
`
`Testing or demonstrating of the Accused Product during the Damages Period.
`
`Payments obtained by you (or to be paid to you) for the Accused Product during the
`Damages Period.
`
`Marketing, advertising, publicity and promotion of the Accused Products.
`
`Your negotiations and contracts with CSC regarding the Accused Product.
`
`Your awareness or knowledge of PayRange and its patents.
`
`10.
`
`The subject-matter of documents produced by BrightAI in response to the Document
`Subpoena.
`
`DOCUMENT REQUESTS
`
`1.
`
`2.
`
`Documents sufficient to describe, in whole or in part, the nature, functionality, design,
`structure, and/or operation of each version of the Accused Product.
`
`Representative versions of source code for the Accused Product, including the mobile
`app, server code, and firmware for laundry machine readers. Please provide the source
`code in its native format with appropriate source code review tools.
`
`

`

`Case 1:23-cv-00278-MN Document 63 Filed 03/07/24 Page 9 of 47 PageID #: 1345
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`Documents sufficient to show the research and development of the Accused Product,
`including but not limited to slides, white board images, video or audio teleconference
`recordings, memoranda, reports, design review meeting notes or minutes, and laboratory
`notebooks.
`
`All agreements relating to the development, deployment or operation of the Accused
`Product.
`
`Documents sufficient to identify any information, instructions or directions provided to
`CSC relating to or regarding the design, function, operation, performance, manufacture,
`use, sale, offer for sale, distribution or importation of the Accused Product.
`
`Documents sufficient to identify every instance of testing or demonstrating of the
`Accused Product during the Damages Period.
`
`Documents sufficient to identify any payments obtained by you (or to be paid to you) for
`the Accused Product during the Damages Period.
`
`Documents sufficient to show the marketing, advertising, publicity and promotion of any
`Accused Products.
`
`Documents sufficient to show your negotiations and contracts with CSC regarding the
`Accused Product.
`
`10.
`
`All communications with CSC regarding PayRange, its patents, or the Accused Product.
`
`

`

`Case 1:23-cv-00278-MN Document 63 Filed 03/07/24 Page 10 of 47 PageID #: 1346
`Case 1:23-cv-00278-MN Document 63 Filed 03/07/24 Page 10 of 47 PagelD #: 1346
`
`EXHIBIT 2
`
`

`

`Case 1:23-cv-00278-MN Document 63 Filed 03/07/24 Page 11 of 47 PageID #: 1347
`
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`__________ District of __________
`District of Delaware
`
`Civil Action No.
`
`23-278-MN
`
`))))))
`
`PAYRANGE INC.
`
`Plaintiff
`v.
`CSC SERVICEWORKS, INC.
`
`Defendant
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`
`To:
`
`BRIGHTAI CORPORATION c/o Corporation Service Company, 251 Little Falls Dr., Wilmington, DE 19808
`
`(Name of person to whom this subpoena is directed)
`’ Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
`material:
`See Schedule A, attached hereto.
`
`Place:
`
`Wilson Sonsini Goodrich & Rosati, 222 Delaware Ave.,
`Suite 800, Wilmington, DE 19801
`
`Date and Time:
`
`04/05/2024 9:00 am
`
`’ Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
`other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
`may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
`
`Place:
`
`Date and Time:
`
`The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`03/07/2024
`
`Date:
`
`CLERK OF COURT
`
`Signature of Clerk or Deputy Clerk
`
`OR
`
`/s/ Ryan R. Smith
`Attorney’s signature
`
`PayRange Inc.
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`, who issues or requests this subpoena, are:
`Ryan R. Smith, Wilson Sonsini Goodrich & Rosati, 650 Page Mill Road, Palo Alto, CA 94304 rsmith@wsgr.com; (650)
`493-9300
`
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things or the
`inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before
`it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
`
`

`

`Case 1:23-cv-00278-MN Document 63 Filed 03/07/24 Page 12 of 47 PageID #: 1348
`
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
`
`Civil Action No.
`
`23-278-MN
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, if any)
`.
`
`on (date)
`
`’ I served the subpoena by delivering a copy to the named person as follows:
`
`’ I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the 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.
`
`Date:
`
`Additional information regarding attempted service, etc.:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`

`

`Case 1:23-cv-00278-MN Document 63 Filed 03/07/24 Page 13 of 47 PageID #: 1349
`
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
`
`(c) Place of Compliance.
`
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`(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.
`(C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
`(i) 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.
`
` (1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
` (A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
` (B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
` (i) is a party or a party’s officer; or
` (ii) is commanded to attend a trial and would not incur substantial
`expense.
`
` (2) For Other Discovery. A subpoena may command:
` (A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
` (B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
` (1) Avoiding 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 court for the district where compliance is required 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 Permit 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 inspection 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 forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
`(i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required 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 Modifying a Subpoena.
`(A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
` (i) fails to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
`(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 court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`(i) disclosing a trade secret or other confidential research,
`development, or commercial information; or
`
`(e) 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
`trial-preparation 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 under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`

`

`Case 1:23-cv-00278-MN Document 63 Filed 03/07/24 Page 14 of 47 PageID #: 1350
`
`ATTACHMENT A
`
`The following definitions are applicable to the Deposition Topics and Document
`
`Requests below:
`
`DEFINITIONS
`
`1.
`
`The term “PayRange” means PayRange Inc., the plaintiff identified in the above
`
`matter, including its predecessors and successors, subsidiaries and related companies, and its
`
`present and former officers, directors, employees, agents, representatives, consultants, attorneys,
`
`accountants, and others acting or purporting to act on its behalf.
`
`2.
`
`The term “CSC” means CSC ServiceWorks, Inc., the defendant in the above-
`
`entitled matter, including its predecessors and successors, subsidiaries and related companies,
`
`and its present and former officers, directors, employees, agents, representatives, consultants,
`
`attorneys, accountants, and others acting or purporting to act on its behalf.
`
`3.
`
`The terms “you,” “your,” and “BrightAI,” mean BrightAI Corporation, including
`
`its predecessors and successors, subsidiaries and related companies, and its present and former
`
`officers, directors, employees, agents, representatives, consultants, attorneys, accountants, and
`
`others acting or purporting to act on its behalf.
`
`4.
`
`The term “Asserted Patents” collectively refers to the following: United States
`
`Patent Nos. 8,856,045 (the “’045 Patent”); 10,438,208 (“the ’208 Patent”); 10,891,608 (“the ’608
`
`Patent”); and 11,481,772 (“the ’772 Patent”).
`
`5.
`
`The term “Accused Products” or “CSC Go” mean CSC Go, including at least all
`
`supporting software, computer systems, and/or servers providing functionality accused of
`
`infringing one or more claims of the Asserted Patents, including facilitation cashless transactions
`
`

`

`Case 1:23-cv-00278-MN Document 63 Filed 03/07/24 Page 15 of 47 PageID #: 1351
`
`for purchase of at least one product or service by a user from a payment accepting unit, e.g., a
`
`laundry machine or vending machine.
`
`6.
`
`The term “document” means any document or thing as defined in Rule 34(a) of
`
`the Federal Rules of Civil Procedure and “writing and recording” as defined in Rule 1001(1) of
`
`the Federal Rule of Evidence, inclu