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WRITTEN REQUEST FOR TELEPHONIC 

CONFERENCE

CASE NO. 08-CV-02912 JSW MEJ 

3872856_1.DOC 

RON E. SHULMAN, State Bar No. 178263 

rshulman@wsgr.com 

JULIE M. HOLLOWAY, State Bar No. 196942 

jholloway@wsgr.com 

S. MICHAEL SONG, State Bar No. 198656 

msong@wsgr.com 

TUNG-ON KONG, State Bar No. 205871 

tkong@wsgr.com 

WILSON SONSINI GOODRICH & ROSATI 

Professional Corporation 

650 Page Mill Road 

Palo Alto, CA 94304-1050 

Telephone: (650) 493-9300 

Facsimile: (650) 565-5100 

 

M. CRAIG TYLER, Pro Hac Vice 

ctyler@wsgr.com 

WILSON SONSINI GOODRICH & ROSATI 

Professional Corporation 

900 South Capital of Texas Highway 

Las Cimas IV, Fifth Floor 

Austin, Texas 78746-5546 

Telephone: (512) 338-5400 

Facsimile: (512) 338-5499 

Attorneys for Plaintiff 

NUANCE COMMUNICATIONS, INC. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

NUANCE COMMUNICATIONS, INC., 

Plaintiff, 

v. 

ABBYY SOFTWARE HOUSE, et al., 

 Defendants. 

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Case No.: 3:08-cv-02912 JSW MEJ 

WRITTEN REQUEST FOR A 

TELEPHONIC CONFERENCE OR 

ALTERNATIVE PROCEDURE TO 

SATISFY THE COURT’S MEET 

AND CONFER REQUIREMENT 

PURSUANT TO PARAGRAPH 3 OF 

THE DISCOVERY STANDING 

ORDER 

Before: Hon. Maria-Elena James 

 Chief Magistrate Judge 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

GRANTED

Judge Maria-Elena James

Case 3:08-cv-02912-JSW Document 167 Filed 01/21/10 Page 1 of 3
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WRITTEN REQUEST FOR TELEPHONIC 

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CASE NO. 08-CV-02912 JSW MEJ 

-1- 3872856_1.DOC 

Nuance Communications, Inc. (“Nuance”) respectfully requests a telephonic conference 

for the purpose of enforcing the Court’s December 21, 2009 order to meet and confer, or for the 

Court to fashion an alternative procedure, pursuant to Paragraph 3 of the Discovery Standing 

Order. 

On December 21, 2009, the Court granted the substantive request of Nuance’s motion for 

letters rogatory. The Court also noted that, “However, as to the procedural mechanism for 

production that Plaintiff requests, the Court agrees with Defendant that the motion fails to 

provide the necessary safeguards for the protection of the confidentiality of the information 

sought. Accordingly, the Court hereby ORDERS the parties to meet and confer, and thereafter 

file a stipulated protective order for the undersigned’s consideration regarding production of the 

requested materials.” The next day, in compliance with the Court’s order, Nuance sent ABBYY 

USA a draft of the protective order and offered to meet and confer on the following days. See 

Song Decl. ¶ 2. 

However, ABBYY USA continues to delay the meet and confer process and evades 

providing comments on Nuance’s draft protective order or proposing any protective measures or 

a draft protective order of its own. See Song Decl. ¶¶ 3-6 & Exs. A-B. Further, to the extent 

ABBYY USA has any concerns about the transfer of source code and technical information from 

its foreign affiliates ABBYY Production LLC and ABBYY Software, Ltd. to this Court through 

the usual procedures, Nuance proposed that ABBYY USA’s foreign affiliates may transfer those 

items directly to ABBYY USA. ABBYY USA has not given any reasons why this proposal is 

insufficient nor offered its own. 

Accordingly, Nuance requests that the Court enter an order requiring ABBYY USA to 

provide all comments to the draft protective order by Monday, January 25, 2010, so that any 

disagreements may be narrowed down and presented to the Court in a joint letter by Thursday, 

January 28, 2010. In the event the parties agree, a stipulated protective order is to be filed with 

the Court by January 28, 2010. 

Nuance further requests that the order require ABBYY USA to state its reasons as to why 

ABBYY USA may not receive technical documents and source code directly from its parent 

January 27, 2010 February 2, 2010 February 2, 2010

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CASE NO. 08-CV-02912 JSW MEJ 

-2- 3872856_1.DOC 

corporation ABBYY Software, Ltd. and its affiliate ABBYY Production LLC and present its 

own proposal. 

Dated: January 19, 2010 WILSON SONSINI GOODRICH & ROSATI 

 Professional Corporation 

 By: /s/ S. Michael Song 

 S. Michael Song 

WILSON SONSINI GOODRICH & ROSATI 

Professional Corporation 

650 Page Mill Road 

Palo Alto, California 94304-1050 

Telephone: (650) 493-9300 

Facsimile: (650) 493-6811 

 Attorneys for Plaintiff 

NUANCE COMMUNICATIONS, INC. 

Case 3:08-cv-02912-JSW Document 167 Filed 01/21/10 Page 3 of 3