A0 8233 (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civii Action
`
`UNITED STATES DISTRICT COURT
`for the
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`Northern District of California
`
`,_‘
`
`n
`
`REFERENC_E__3flUBLISIflNG, INC.
`Plaintlfi”
`V.
`
`_
`
`SYIVIANTEC CORPORATION; GLOBALSCAPE
`
`lNC.; COMMON TIME H\IC.; COMMON TIME
`LTD.; NATIVE INSTRUMENTS GMBI-I
`(FORMERLY KNOWN AS NATIVE
`INSTRUMENTS SOFTWARE SYNTHESIS
`
`GMBH); NATIVE INSTRUMENTS NORTH
`AMERICA, INC; STARDOCK SYSTEMS INC.;
`VALVE LLC; ELECTRONIC ARTS, lNC.; NERO
`AG; NERO INC.; QUICKOFFICE, INC.; and
`iéfiflfimmc-M
`Defwdam
`
`‘-./\./\-—/‘-—/\-—/\_/
`
`Civil Action No.
`
`MISC
`
`(If the action is pending in another district, state where:
`
`____"EastemmEffi§fC1sI1$1ct of w_Texas (2:ll-cv-
`
`)
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`
`To: Apple Inc.
`1 Infinite Loop, Cupertino, California 95014
`
`E Production.‘ YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the
`material:
`
`Please see Exhibit A, which is the document rider.
`
`Places
`
`
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`Jill F. Kopeikin, OCA"I:aw'lPartners LLP
`1891 Landings Drive, Mountain View, California
`94043, gor__s_uch mutually convenient time__a_nd place
`
`
`
`Date and Time:
`6/5/2012 9:00 AM
`
`C Inspection ofPremises: YOU ARE COMMANDED to permit entry onto the designated premises, iand, 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:
`
`I
`
`‘DateandTIIIIBI
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`-
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`I
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`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:
`
`5/22/2012_g__W
`
`CLERK OF COURT
`- HATES
`
`*“730@4aSe No. IPR20l3-00080
`10703843709
`Case No. IPR20l3-00081
`
`
`
`Achates Ex. 2003
`
`
`
`

`
`A0 8233 (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civii Action
`
`
`UNITED STATES DISTRICT COURT
`for the
`
`Northern District of California
`
`._‘
`
`AC!-I_A}"§.S REFERENCE PUBLISHING, INC.
`Plaintlfi"
`v.
`
`_
`
`SYMANTEC CORPORATION; GLOBALSCAPE
`
`INC; COMMON TIME H\IC.; COMMON TIME
`LTD.; NATIVE INSTRUMENTS GMBH
`(FORMERLY KNOWN AS NATIVE
`INSTRUMENTS SOFTWARE SYNTHESIS
`
`GMBH); NATIVE INSTRUMENTS NORTH
`AMERICA, I-NC.; STARDOCK SYSTEMS INC.;
`VALVE LLC; ELECTRONIC ARTS, lNC.', NERO
`AG; NERO INC.; QUICKOFFICE, INC; and
`SOLAEVVINDS INC.
`
`‘-./\./\-—/‘-—/\-—/\_/
`
`Civil Action No.
`
`MISC
`
`(If the action is pending in another district, state where:
`
`D9f”"’“"“
`
`Eastern
`mm
`
`District of w__TexaS (2:ll-cv-
`00294-CE)
`
`)
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`
`To: Apple Inc.
`1 Infinite Loop, Cupertino, California 95014
`
`E Production.‘ YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the
`material:
`
`Please see Exhibit A, which is the document rider.
`
`Plarcmeil
`
`
`
`Jill F. Kopeikin, ('3C‘}'i"i;'s;Ii$i'ii5'airtners LLP
`1891 Landings Drive, Mountain View, California
`94043, gorusuch mutually convenient time__a_nd place
`
`
`
`Date and Time:
`
`6/5/2012 9:00 AM
`
`C Inspection ofPremises: YOU ARE COMMANDED to permit entry onto the designated premises, iand, 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:
`
`I
`
`‘DateandTIIIIBI
`
`l
`
`I
`
`
`
`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:
`
`5/22/2012_g__W
`
`CLERK OF COURT
`
`#1780564 vl
`l07088~73709
`
` _
`
`Achates Ex. 2003, p. 2
`
`

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`
`
`Signature ofwaerk or Deputy
`
`Mjtlttorney ‘.9 Signature
`
`7 A
`
`chates Reference
`
`The name, address, e-mail, and telephone number of the attorney representing (name ofparty)
`
`Publishing__,___lnc.
`
`, who issues or requests this subpoena, are:
`Jill F. Kopeikin, GCA Law Partners LLP, 1891 Landings Drive, Mountain View, CA 94043, jkopeikin@gcalaw.com,
`(650)428~3900
`
`
`A0 2383 (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
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`Civil Action No.
`
`(This section should not befiled with the court unless required by Fed. R. Civ. P. 45.)
`
`PROOF OF SERVICE
`
`This subpoena for (name ofindividual and title, ifcmy)
`
`was received by me on (date)
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`l: I served the subpoena by delivering a copy to the named person as follows:
`
`l: I returned the subpoena unexecuted because:
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, 1 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 33
`
`
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Server's signature
`
`Printed name and title
`
`Server ’s address
`
`Additional information regarding attempted service, etc:
`
`#1780564 vl
`107088-73709
`
`Achates Ex. 2003, p. 3
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`

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`____._._....__,.._,...,,..........,.........,,_,....,.,.,._........,..,..r........,..,.,_,..__,..,.,...w..,._...,...___..._..._.__...._._....__...__..,..._.._.............._r,_._._...,......,......,-..-.........._..._......._.....-_r...l:..;...z.=..mp-m‘ur.xr.;a.a_...lA.-¢m:u~ ..................,...._,_,_._._......._,.
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`A0 8813 (Rev. 06/09) Subpoena to Produce Documents, Inlbrmation, or Objects or to Permit Inspection of Fremiscs in a Civil Action(Page 3)
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`Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07)
`
`(:1) Protecting a Person Subject to a Subpoena.’
`(1) Avoiding Undue Burden or Expense; Sanctions. A_ party or
`attorney responsible for issuing and sewing 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 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.
`(8) 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 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) Quos-hing or Modifying rr 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 }00 miles from where that person resides, is
`,
`employed, or regularly transacts business in person —— except that,
`subject to Rule 4S(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 occunenccs 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 aparty’s officer to incur
`substantial expense to travel more than 100 miles to attend trial.
`(C) Specifying Conditions as an Alternators. In the circumstances
`described in Rule ti-5(c)(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
`(Ii) 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 Irformariorr Produced in Only One
`Form. The person responding need not produce the same
`electronically stored information in more than one form.
`(D) Inocoessible 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 ofundue 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 ol'Rule 26(b)(2)(C). The
`court may specify conditions for the discovery.
`#1780564 vl
`107088-73709
`
`Achates Ex. 2003, p. 4
`
`

`
`(Z) Claiming Privilege or Protection.
`(A) Irgformariorr 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,
`comrnunications, 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 triai~
`preparation material, foe person making the claim may notify any
`party that received the information of the claim and the basis for it.
`Alter 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 determination 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)(ii).
`
`..;...r....__...__.__...._..-.._,._.,,,..__..____,.‘.,,.,...:::._,.._r.._.,,.1-...l..;.-.u-...—.-..=w.—mmm,_,=ug.».
`
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`lii
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`#1780564 vi
`307088-73709
`
`Achates Ex. 2003, p. 5
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`

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`
`
`
`EXHIBIT A: DOCUMENT RIDER
`
`DEFINITIONS AND INSTRUCTIONS
`
`“Apple” means Apple Inc., its predecessors and successors, and its present
`1.
`and former officers, directors, employees, agents, representatives, or anyone acting on its
`behalf.
`
`“Communication” means any oral or written utterance, notation, depiction,
`2.
`or statement of any nature whatsoever or any other means of transfer or conveyance of
`information, including, but not limited to, correspondence, personal conversations,
`telephone calls, dialogues, discussions, interviews, meetings, consultations, telegrams,
`telexes, cables, rnemoranda, c mails, agreements, and other verbal and nonverbal
`understandings.
`
`“Document” or “documents” includes any document or thing as defined in
`3.
`Rule 34(a) ofthe Federal Rule of Civil Procedure and “Writing and recording” as defined
`in Rule 1001(1) of the Federal Rule of Evidence and further including, without limitation,
`the following items, whether printed or recorded, filmed, electronic, digital, stored in a
`data processing system or other electronic, optical or magnetic format, or reproduced by
`any process, or written or produced by hand, and whether claimed to be privileged
`against discovery on any ground, and whether an original, master, copy or draft, namely:
`agreements, communications, including intra company communications and
`correspondence, cablegrams, electronic mail including all back up copies thereofi
`radiograms and telegrams, notes and meruoranda, summaries, minutes and records of
`telephone conversations; meetings and conferences, including lists of persons attending
`meetings or conferences; summaries and records of personal conversations or interviews;
`books, manuals, publication and diaries; laboratory and engineering reports and
`notebooks; charts; plans, sketches and drawings; photographs; reports and/or summaries
`of investigations and/or surveys; opinions and reports of consultants; opinions of counsel;
`reports and summaries of negotiations; brochures; pamphlets, catalogs and catalog sheets;
`advertisements, including storybook andfor scripts for television and radio commercials;
`circulars, trade letters; press publicity and trade and product releases; drafts of original or
`preliminary notes on, and marginal comments appearing on, any document; other reports
`and records; and any other information containing paper, writing or physical thing. This
`definition of the term “document” or “documents” includes such documents whether or
`not a particular document is privileged or within your possession, custody or control.
`
`any individual,
`limitation,
`“Person” or “persons” means, without
`4.
`association, company, partnership,
`trust, corporation, entity,
`firm, proprietorship,
`association, joint venture, government or government agency, organization or any legal
`entity, whether foreign or domestic.
`
`“Quicl<0ffice” means QuickOffice, Inc., its predecessors and successors,
`5.
`and its present and former oflicers, directors, employees, agents, representatives, or
`anyone acting on its behalf.
`
`#178057] V1
`1 07083-73709
`
`Achates Ex. 2003, p. 6
`
`

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`“QuickOffice software” means all products developed by QuickOffice and
`6.
`sold or licensed through the Mac App Store.
`
`The terms “relate” or “relating to” mean concerning, discussing,
`7.
`analyzing, serving as a basis for supporting or in any other way bearing upon or
`illuminating the subject matter into which inquiry is made and are meant to include.
`
`The term “Thing” refers to any tangible object other than a document, and
`8.
`embraces objects of every kind and nature including, without
`limitation, samples,
`prototypes, models, specimens, and any other physical object.
`
`In the event that any information responsive is alleged to be privileged
`9.
`and/or work product, or otherwise subject
`to withholding, you shall provide all
`information as required pursuant to the local and applicable federal rules, and,
`in
`addition, the following infonnation:
`
`Z~'11.U.0i~'-U?’
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`QT”
`
`H.
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`Date of the communication or document;
`Persons present at the time the commuriication occurred;
`General subject matter of the communication or document;
`Identity of the author of the document or communication;
`Identity of each person to whom the communication or document
`was addressed and each person who received it;
`Identity of the current custodian of the document;
`The grounds on which the document or communication is
`withheld; and
`Identity of the particular discovery requests to which the withheld
`information is responsive.
`
`10.
`
`The terms “all” and “each” includes both “each” and “every.”
`
`11.
`
`The use of the singular form of any word includes the plural, and vice
`
`vcrsa.
`
`shall be construed disjunctively or
`or
`The terms “and” as well as
`12.
`conjunctively as necessary in order to bring within the scope of the request all responses
`which otherwise might be construed to be outside its scope.
`
`cc
`
`1)
`
`“You”, “Your”, and all forms thereof means any present or former parent,
`13.
`subsidiary, department, division, subdivision, branch, affiliate or other related company,
`and it includes any of your present or former officer, director, agent, employee or
`representative and any other person acting on your behalf.
`
`
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`'1
`i
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`#1780571 vl
`107088-73709
`
`Achates Ex. 2003, p. 7_
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`l l l 55 1 1 i3i
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`il
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`REQUESTS FOR PRODUCTION OF DOCUMENTS
`
`1. Beginning in 2005, documents sufficient to show App1e’s sale or license to third parties
`of QuickOfiice software including the dates, quantities, prices and part numbers of the products
`licensed.
`
`2. Documents sufficient to show the amounts paid to QuickOffice for sale or license of
`QuickOffice software through the Mac App Store and the method for calculating same from
`2005 to present.
`
`3. Documents describing the license and distribution process for the QuickOffice software.
`
`4. Documents describing the operation of the digital rights management technology used in
`conjunction with the license of the Quick0ft‘1ce software.
`
`5. Documents describing the installation and updates of QuickOffice sottware on an end-
`user device including identification of the information exchanged between the end-user device
`and your servers.
`
`6. Documents describing any encryption or decryption used in the communication, delivery,
`andfor installation of Quicl<Office software on an end-user device.
`
`7. Documents describing the encryption and decryption of any data structures stored on an
`end~user device and relating in any way to the downloading, installation, operation or updating
`of Quick0ffice software.
`
`8. Documents showing any agreement with QuickOffice regarding the application of digital
`rights management technology to QuickOffice software from 2005 to present.
`
`9. Documents showing any agreement with QuickOflice to indemnify Quicl<Office irom
`2005 to present for patent infringement.
`
`10. Documents identifying when Quick0ff1ce made you aware of its litigation with Achates
`Reference Publishing, inc.
`
`1 1. Documents describing the databases or other electronic storage of information related to
`the distribution of Quickoffice software or applications, updates to applications, and the rights of
`end users to receive QuickO1”:fice software via Apple’s application store.
`
`12. Documents describing the electronic, communication, computing and data processing
`processes initiated with an end user requesting a download of a QuickOffice application onto an
`Apple device and terminating with the successful installation of the application onto the device.
`
`#3730571 vl
`107088-7370?
`
`Achates Ex. 2003, p. 8