From:
`To:
`Cc:
`Subject:
`Date:
`Attachments:
`
`Day, Evan S. (SDO)
`Coulson, Chris (CCoulson@kenyon.com); Ulrich, Clifford (CUlrich@Kenyon.com); Zachary, Michael
`Ng, Chun (SEA); Bernstein, Matthew C. (SDO); *Perkins-Service-MSFT-Bradium-IPR
`Bradium Technologies v Microsoft
`Monday, February 27, 2017 9:19:00 PM
`2017 02 13 Letter from C Coulson to E Day re Bradium-Microsoft IPRs.pdf
`2017 02 09 Letter from c coulson to C Ng re IPR2016-00448.pdf
`
`Counsel,
`
` I
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` write in regard to Bradium’s request for a deposition of Yonatan Lavi. Microsoft has communicated
`Bradium’s request to Mr. Lavi. Mr. Lavi states he is seriously concerned about retaliation by Mr. Levanon
`(an owner of Bradium) if Mr. Lavi were to willingly provide testimony. We believe these concerns are not
`unfounded given Bradium already threatened Mr. Lavi (see, e.g. your letters of February 9, 2017 and
`February 13, 2017) (attached). Regardless, Mr. Lavi said he will not sit for a deposition unless compelled
`to do so (in which case he will cooperate with any process that he receives).
`
`In view of Mr. Lavi’s reluctance to testify, Microsoft proposes that the parties jointly seek authorization
`from the Board to submit a Letter of Request to the Israel Central Authority designated under the Hague
`Convention on the Taking of Evidence Abroad in Civil or Commercial Matters. Our understanding is that
`Israel is generally cooperative with Hague Convention requests and complies quickly; however, as we
`have previously indicated, Microsoft is also willing to stipulate or move the Board to adjust any due dates
`that may be necessary. Additionally, Microsoft is willing to reimburse Bradium for the reasonable travel
`costs incurred by the attorney taking the deposition on behalf of Bradium. I note that Microsoft previously
`offered to take the deposition of Mr. Levanon in Tel Aviv.
`
`Please advise regarding Bradium’s position on this proposal so that the parties can contact the Board.
`
`Best regards,
`Evan
`
`Evan Day | Perkins Coie LLP
`11988 El Camino Real Suite 350
`San Diego, CA 92130-2594
`D. +1.858.720.5743
`F. +1.858.720.5799
`E. EDay@perkinscoie.com
` 
`
`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-00449
`
`

`

`
`
`Chris J Coulson
`Direct 212.908.6409
`ccoulson@kenyon.com
`
`Andrews Kurth Kenyon LLP
`One Broadway
`New York, NY 10004-1007
`212.425.7200
`Fax 212.425.5288
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`February 9, 2017
`
`By Email to CNg@perkinscoie.com and Counsel of Record for IPR2016-00448
`
`Chun M. Ng, Esq.
`Perkins Coie LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101-3099
`
`
`
`
`Re: Microsoft Corp. v. Bradium Technologies LLC, Inter Partes Review Proceeding
`IPR2016-00448 (United States Patent 7,908,343) Exhibit 10107
`
`Counsel:
`
`I write on behalf of Bradium Technologies LLC and Mr. Isaac Levanon regarding Exhibit 1017,
`“Declaration of Yonatan Lavi,” which Petitioner Microsoft publicly filed in Inter Partes Review
`Proceeding IPR2016-00448 (United States Patent 7,908,343).
`
`Our preliminary review1 of Exhibit 1017 indicates that Mr. Lavi’s declaration reveals
`confidential corporate information regarding which we understand Mr. Lavi is subject to
`confidentiality obligations based on his employment with GACentral.com, 3DVU, Ltd., and
`3DVU, Inc., which Mr. Lavi refers to collectively as “3DVU”.
`
`To allow us to complete an investigation of this issue and reduce, to the extent possible at this
`point, any prejudice, I write to request that Microsoft Corporation (“Microsoft”) immediately
`request that Exhibit 1017 be sealed and that the public version of the declaration be expunged.
`
`We further ask that Microsoft, Perkins Coie LLP and Mr. Lavi preserve all documents, including
`e-mail communications, letters, draft declarations, and agreements regarding Microsoft’s contact
`with Mr. Lavi that may have resulted in his publicly revealing 3DVU’s confidential corporate
`information without notice or consent.
`
`It is unclear based on Microsoft’s reply and Mr. Lavi’s declaration whether Perkins Coie LLP is
`representing Mr. Lavi personally, or whether Perkins Coie LLP is representing only Microsoft.
`However, as you have clearly been working closely with Mr. Lavi, we ask that you immediately
`
`1 Although the declaration appears to have been executed on January 31, 2017, we received no
`notice of the declaration or its contents prior to its public filing by Microsoft, which were sent to
`counsel of record at 9:44 p.m. Eastern on Monday, February 6, 2017.
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`NY01 4341208 v1
`ANDREWS KURTH KENYON LLP
`Austin Beijing Dallas Dubai Houston London New York Research Triangle Park Silicon Valley The Woodlands Washington, DC
`
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`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-00449
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`

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`Chun M. Ng, Esq.
`February 9, 2017
`Page 2
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`forward this correspondence to Mr. Lavi so that he is aware of the need to preserve, and not
`destroy, relevant documents. Please confirm that you have done this at your earliest opportunity.
`
`Regarding deposition, Bradium requests that Mr. Lavi be made available for deposition in the
`United States at our New York office at One Broadway, New York, New York, 10004 on March
`2, 2017. See 37 C.F.R. 42.53; Square, Inc. v. REM Holdings 3, LLC, Case No. IPR2014-00312,
`Paper 37 (PTAB, Dec. 9, 2014) (Order) (declarant residing outside of the United States required
`to travel to the United States for deposition). Although we will endeavor to complete Mr. Lavi’s
`deposition within a single day, Mr. Lavi should remain available in New York on Friday, March
`3, 2017 because, given the volume and nature of the materials in Mr. Lavi’s 31-page declaration
`(which includes six exhibits that total 40 pages), there is a significant chance that his deposition
`will need to continue on Friday, March 3.
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`
`
`Very truly yours,
`
`/s/ Chris J. Coulson
`
`Chris J. Coulson
`
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`NY01 4341208 v1
`
`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-00449
`
`

`

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`
`
`February 13, 2017
`
`One Broadway
`New York, NY 10004-1007
`+1.212.425.7200 Phone
`+1.212.425.5288 Fax
`andrewskurthkenyon.com
`
`Chris Coulson
`+1.212.908.6409 Phone
`ccoulson@kenyon.com
`
`By Email to EDay@perkinscoie.com and Counsel of Record in IPR2016-00448
`
`
`
`
`Evan S. Day, Esq.
`Perkins Coie LLP
`11988 El Camino Real, Suite 350
`San Diego, CA 92130-2594
`
`
`
`Re: Microsoft Corp. v. Bradium Technologies LLC, Inter Partes Review Proceeding
`IPR2016-00448 (United States Patent 7,908,343) and IPR2016-00449 (United
`States Patent 8,924,506) Exhibit 1017
`
`Counsel:
`I write on behalf of Bradium Technologies LLC and Mr. Isaac Levanon regarding Exhibit 1017,1
`“Declaration of Yonatan Lavi,” which Petitioner Microsoft publicly filed in Inter Partes Review
`Proceeding IPR2016-00448 (United States Patent 7,908,343) and, following my February 9, 2016
`letter, again filed publicly in IPR2016-00449 (United States Patent 8,924,506).
`
` I
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` renew my request that Microsoft file this exhibit under seal. In addition to confidential
`information that Mr. Lavi obtained via his employment with 3DVU entities, Exhibit 1017 also
`contains DENSO confidential information at Paragraphs 20 and 22. Microsoft has in its
`possession a copy of the DENSO license agreement, which is Exhibit 2029, which was filed under
`seal and served on Microsoft in the IPR proceedings in November 2016.
`
`Also, I have not received a response to the following questions raised in my February 9 letter:
`• Does Perkins Coie LLP represent Mr. Lavi?
`• Will Petitioner Microsoft make Mr. Lavi available for deposition in the United States at
`our New York office at One Broadway, New York, New York, 10004 on March 2, 2017,
`and will Mr. Lavi remain available on March 3 if needed?
`
`
`Also, please confirm, as requested in my February 9 letter, that Perkins Coie LLP and Microsoft
`will retain and not destroy any and all communications, including drafts, exchanged with Mr. Lavi.
`Please also advise whether you have communicated with Mr. Lavi the request to retain all
`documents.
`
`
`
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`1 As you responded to my February 9, 2017 letter directed to Mr. Ng., I direct this letter to you
`for your convenience.
`
`
`ANDREWS KURTH KENYON LLP
`Austin Beijing Dallas Dubai Houston London New York Research Triangle Park Silicon Valley The Woodlands Washington, DC
`NYC:378464.1
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`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-00449
`
`

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`February 13, 2017
`Page 2
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`I would appreciate your response to the above at your earliest convenience.
`
`
`Very truly yours,
`
`/s/ Chris J. Coulson
`
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`Chris J. Coulson
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`NYC:378464.1
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`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-00449
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