Exhibit 3 

Case: 1:11-cv-09308 Document #: 572-3 Filed: 02/15/13 Page 1 of 24 PageID #:19918
Case: 1:11-cv-09308 Document #: 572-3 Filed: 02/15/13 Page 2 of 24 PageID #:19919
AO 88B (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2) 

Civil Action No. 1 :11-cv-09308, MDL No. 2303 

PROOF 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) 

was received by me on (date) 

0 I served the subpoena by delivering a copy to the named person as follows: 

on (date) --------------------------------------------------- ----------------

0 I returned the subpoena unexecuted because: 

; 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 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: 

Server's signature 

Printed name and title 

Server's address 

Additional information regarding attempted service, etc: 

Case: 1:11-cv-09308 Document #: 572-3 Filed: 02/15/13 Page 3 of 24 PageID #:19920
AO 88B (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3) 

Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07) 

(c) Protecting a Person Subject to a Subpoena. 

(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 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. 

(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 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 Modifying 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: 

(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. 

(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 fonn. 

(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 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). 

Case: 1:11-cv-09308 Document #: 572-3 Filed: 02/15/13 Page 4 of 24 PageID #:19921
SCHEDULE A 

DEFINITIONS AND INSTRUCTIONS 

1. For purposes of this subpoena, "patents-in-suit" refers to the patents-in-suit in the 

above-referenced action, including without limitation U.S. Patent Nos. 7,916,747; 7,873,343; 

7,710,907; 7,548,553; 7,536,167; 7,535,921; 7,457,646; 7,386,002; 7,013,138; 6,714,559; 

6,697,415; 6,665,536; 6,374,311; 5,940,771; 5,844,893; 5,740,366; 5,546,397; 5,295,154; 

5,428,636; 5,504, 746; 6,826, 165; 7,1 07,052; 7, 710,935 and "related patents or patent 

applications" means any U.S. or foreign patent or patent application that stems from or claims 

priority to the patents-in-suit including, but not limited, to U.S. Patent Nos. 5,673,031; 

6,046,992; 7,483,391; 7,552,246; 7,558,557; 7,826,818, 7,856,003 and 7,917,145. 

2. "Listed inventors" refers to any ofthe listed inventors on any of the patents-insuit or related patents or patent applications, including, but not limited to, Charles D. Gollnick, 

Mary L. Detweiler, Ronald E. Luse, GaryN. Spiess, John G. Pavek, Guy J. West, Marvin L. 

Sojka, Amos D. Young, James D. Cnossen, Keith K. Cargin, Jr., Robert G. Geers, Richard C. 

Arensdorf, Arvin D. Danielson, Ronald L. Mahany, and Robert C. Meier. 

3. "Assignee" or "assignees" refers to any current or former alleged assignee of the 

patents-in-suit or any related patents or patent applications, and their subsidiaries, officers, 

employees, agents, or attorneys. 

4. "Intermec" refers to Intermec, Inc. and any of its past, current or future 

subsidiaries or affiliated companies, including, but not limited to, Intermec IP and Intermec 

Technologies. 

Case: 1:11-cv-09308 Document #: 572-3 Filed: 02/15/13 Page 5 of 24 PageID #:19922
REQUESTS FOR PRODUCTION OF DOCUMENTS 

1. All documents and materials that refer or relate to the patents-in-suit or to any 

related patents or patent applications, including without limitation communications referring 

or relating to the patents-in-suit or to any related patents or patent applications. 

2. All documents and materials referring or relating to any litigation or other 

proceeding involving the patents-in-suit or any related patents or patent applications, 

including but not limited to all pleadings, motions, exhibits, orders, depositions or other 

testimony, hearing transcripts, written discovery responses or initial disclosures, document 

productions, expert reports, correspondence, settlement agreements, license agreements, 

covenants, consent decrees, or any other materials from prior litigations, including without 

limitation, Innovatio IP Ventures, LLC, Patent Litigation ( 1: 11-cv-09308) (multi-district 

litigation and constituent actions), Agere Systems v. Broadcom Corporation (2:03-cv-03138-

BMS) (E.D.Pa), Broadcom Corporation v. Qualcomm (3:05-cv-01392-B-BLM, S.D.Ca.), 

Broadcom Corporation v. Qualcomm (Inv. No. 337-TA-543, International Trade 

Commission), Broadcom Corporation v. Qualcomm (8:05-cv-00467-JVS-RNB, C.D. Ca.); 

and STMicroelectronics, Inc. v. Broadcom Corporation (4:02-cv-00362-RAS) (E.D.Tex). 

3. All documents and materials referring or relating to the licensing or attempted 

licensing of the patents-in-suit or any related patents or patent applications, including but not 

limited to all documents and materials constituting, referring to or relating to any license, 

proposed license, covenant not to sue, settlement, or resolution of any litigation (actual or 

potential) involving the patents-in-suit or any related patents or patent applications. 

2 

Case: 1:11-cv-09308 Document #: 572-3 Filed: 02/15/13 Page 6 of 24 PageID #:19923
4. All communications referring or relating to the licensing or attempted licensing of 

the patents-in-suit or any related patents or patent applications, including but not limited to 

all communications with actual or potential licensees. 

5. All documents and materials referring or relating to the ownership of or rights in 

the patents-in-suit or any related patents or patent applications, including but not limited to 

all documents and materials constituting, referring to or relating to any license, proposed 

license, assignment, proposed assignment, sale, offer for sale, auction, bid, covenant not to 

sue, right of first refusal, settlement, consent decree, judgment, or other resolution of any 

litigation (actual or potential) involving the patents-in-suit or any related patents or patent 

applications, or any other actual or proposed transfer or extension of rights in or to the 

patents-in-suit or any related patents or patent applications. 

6. All communications between you and any entity referring or relating to any of the 

patents in suit, any related patents or patent applications, or any litigations involving the 

patents in suit or any related patents or patent applications. 

7. All communications between you and any assignee, including but not limited to 

Broadcom Corporation, Intermec, Norand Corporation, Innovatio IP Ventures, LLC or 

Innovatio Management LLC ("lnnovatio"), or any of their respective shareholders, officers, 

employees, members, representatives, and/or managers. 

8. All documents and materials relating to Broadcom Corporation's or Innovatio's ' 

purchase of the patents-in-suit or related patents or patent applications ±rom Intermec, 

including but not limited to communications between Broadcom Corporation and Intermec 

and Innovatio and any of their attorneys or representatives, documents relating to valuation 

of the patents-in-suit or related patents or patent applications, drafts and final versions of any 

3 

Case: 1:11-cv-09308 Document #: 572-3 Filed: 02/15/13 Page 7 of 24 PageID #:19924
letters of intent, term sheets, purchase agreements, security interest agreements, licenses, and 

any schedules, disclosures, attachments, addendums or amendments thereto, and 

communications with third parties. 

9. All documents relating to Broadcom Corporation's, Intermec's, or Norand 

Corporation's decision to sell, offer to sell, assign, or otherwise transfer ownership of the 

patents-in-suit or related patents or patent applications to any third-party, including but not 

limited to Innovatio or Noel Whitley. 

10. All documents relating to any request to Broadcom Corporation to purchase or 

otherwise acquire ownership of the patents-in-suit or related patents or patent applications 

including but not limited to any request from Noel Whitley or Innovatio. 

11. Documents sufficient to show all money or other remuneration paid or owed to 

Broadcom Corporation by Noel Whitley, Innovatio, or any third party by reason of 

Innovatio's acquisition or assertion of the patents-in-suit or related patents or patent 

applications. 

12. All documents, communications and materials referring or relating to any entity 

involved in the licensing of the patents in suit or related patents, including but not limited to 

Innovatio IP Ventures LLC, Innovatio Management LLC, McAndrews, Held & Malloy, Ltd., 

Niro, Haller & Niro, Bluemont IP Partners LLC, Huntington Venture Partners, LLC, Lunar 

Investments, LLC, WDHM LLC (formerly CVJ Street, LLC), Broadcom Corporation, 

Dispute Resolution Corporation, VI CIS C<;msulting LLC, Dowell Baker or any of their 

officers, employees, or agents, including but not limited to Matt McAndrews, Robert 

Berman, Samik Bhattacharyya, Jennifer Lim, Eric Ogawa, or Anthony Dowell in connection 

4 

Case: 1:11-cv-09308 Document #: 572-3 Filed: 02/15/13 Page 8 of 24 PageID #:19925
with Innovatio, Noel Whitley, Norand, Intermec, the patents-in-suit, or related patents and 

patent applications. 

13. All documents and materials referring or relating to any strategies, plans, or 

expectations (whether of the assignees, the inventors, licensing counsel, or otherwise) with 

respect to the subject matter disclosed or claimed by the patents-in-suit or by any related 

patents or patent applications, including without limitation any plans to commercialize, sell, 

license, or otherwise derive business or revenues from the patents-in-suit or from any related 

patents or patent applications, and also including without limitation any efforts to obtain 

investments, funding, income, or revenue relating in any way to the subject matter of the 

patents-in-suit. 

14. All documents and materials referring or relating to the potential value, if any, of 

the patents-in-suit or any related patents or patent applications, including documents referring 

to any license, proposed license, assignment, proposed assignment, sale, offer for sale, 

auction, bid, covenant not to sue, right of first refusal, settlement, consent decree, judgment, 

or other resolution of any litigation (actual or potential) involving the patents-in-suit or any 

related patents or patent applications, or any other actual or proposed transfer or extension of 

rights in or to the patents-in-suit or any related patents or patent applications. 

15. All documents, communications and materials referring or relating to fair, 

reasonable, and non-discriminatory (RAND or FRAND) terms or conditions in connection 

with the patents-in-suit, or related patents and patent applications. 

16. All documents, communications and materials referring or relating to the IEEE in 

connection with the patents-in-suit, or related patents and patent applications. 

5 

Case: 1:11-cv-09308 Document #: 572-3 Filed: 02/15/13 Page 9 of 24 PageID #:19926
17. All documents, communications and materials referring or relating to the whether 

the patents-in-suit or related patents and patent applications are "essential" to practicing any 

technical standard, including but not limited to IEEE 802.11. 

18. All documents and materials comprising, referring or relating to potential or 

actual prior art to the patents-in-suit or to any related patents or patent applications, even if 

you dispute that the material constitutes or discloses prior art, including but not limited to art 

cited during prosecution of the patents-in-suit, art cited during the prosecution of any related 

patents or patent applications, and art disclosed by any parties (including in any litigation 

involving the patents-in-suit or in licensing discussions), and any searches for prior art and 

the results of those searches. 

19. All documents and materials that concern whether the alleged invention(s) of the 

patents-in-suit or any related patents or patent applications are obvious under 35 U.S.C. § 

103. 

20. All documents and materials referring or relating to the design, development, sale, 

offer for sale, disclosure, or public use of the subject matter ofthe patents-in-suit or any 

related patents or patent applications, including without limitation sales, offers for sale and/or 

disclosures at any trade shows, and also including all documents and materials referring or 

relating to any products that have been licensed or for which a covenant not to sue has been 

extended under the patents-in-suit or under any related patents or patent applications. 

21. All documents and materials that constitute, refer to or relate to the conception of 

the alleged invention(s) of the patents-in-suit or any related patents or patent applications, the 

best mode of practicing such alleged invention(s), any actual or constructive reduction to 

practice of such alleged invention(s), and any improvements to such alleged invention(s), 

6 

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including but not limited to inventor records, notebooks, physical embodiments of all or part 

of such alleged invention( s ), and all devices, apparatus or software purchased or built by the 

inventors for the purpose of researching, developing, or reducing to practice such alleged 

invention(s), and any documents contended to corroborate conception or reduction to 

practice. 

22. All documents and materials that refer or relate to the inventorship, patentability, 

validity or invalidity, enforceability or unenforceability, or infringement or non-infringement 

(whether direct, contributory or by inducement) of any patent-in-suit or any related patents or 

patent applications, including without limitation, any contention by any person, including 

without limitation any named inventor, expert, consultant, prosecuting counsel, prior art 

search firm, or any other person, that any of the patents-in-suit or any related patent or patent 

application is invalid, unenforceable or not infringed. 

23. All documents and materials referring or relating to any opinions, evaluations, 

advice, or analyses concerning the validity or invalidity, enforceability or unenforceability, 

infringement or non-infringement, or scope of the claims ofthe patents-in-suit or of any 

related patents or patent applications, and all documents reviewed in the formation of such 

opinions, evaluations, advice, or analyses. 

24. All documents and materials referring or relating to when the listed inventors, the 

assignees, their counsel or representatives, or anyone subject to the duty of candor before the 

USPTO learned of any potential or actual prior art to the patents-in-suit or to any related 

patents or patent applications. 

25. All documents and materials referring or relating to the preparation, filing, or 

prosecution of the patents-in-suit or any related patents or patent applications, including but 

7 

Case: 1:11-cv-09308 Document #: 572-3 Filed: 02/15/13 Page 11 of 24 PageID #:19928
·• 

not limited to invention disclosure information, technical descriptions, prior art, publications, 

non-identical drafts of patent applications, prosecution file histories ofthe patents-in-suit, 

prosecution file histories of related patents or patent applications, and any communications 

with any agent, attorney, firm, foreign patent office, or the USPTO. 

26. All communications between Broadcom Corporation and Noel Whitley relating to 

Innovatio, the patents in suit or any related patents or pending applications. 

27. All documents and materials relating to Noel Whitley. 

28. All documents and materials reflecting your composition, ownership, operation, 

and any subsidiary or parent entities including but not limited to an identification of all past 

and present shareholders, directors, officers, employees, the positions, titles and interests of 

those individuals, and the relationship between any entities. 

29. All documents and materials referring or relating to any interest, financial or 

otherwise, that you or any of your officers, directors, principals, employees, or agents has, 

had, or planned or contemplated having in Innovatio IP Ventures LLC, Innovatio 

Management LLC, or the intellectual property of either, including without limitation any of 

the Patents-in-Suit or any Related Patents or Patent Applications. 

30. All documents and materials referring or relating to all money or other 

renumeration paid or owed to any person or entity by Noel Whitley, Innovatio IP Ventures 

LLC, Innovatio Management LLC, or any third party by any reason related to any of the 

Patents-in-Suit or any Related Patents or Patent Applications. 

31. All documents, materials, and communications referring to or relating to any 

agreements, covenants, payments, invoices, and/or retention letters regarding the Patents-inSuit or related patents or patent applications. 

8 

·• 

Case: 1:11-cv-09308 Document #: 572-3 Filed: 02/15/13 Page 12 of 24 PageID #:19929
32. A copy of all tax returns filed for the years 2006 to the present. 

33. A copy of all phone bills for the years 2006 to the present. 

9 

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AO 88A (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action (Page 2) 

Civil Action No. 1 :11-cv-09308, MDL No. 2303 

PROOF 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) 

was received by me on (date) 

0 I served the subpoena by delivering a copy to the named individual as follows: 

on (date) 

0 I returned the subpoena unexecuted because: 

; 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 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: 

Server's signature 

Printed name and title 

Server's address 

Additional information regarding attempted service, etc: 

Case: 1:11-cv-09308 Document #: 572-3 Filed: 02/15/13 Page 15 of 24 PageID #:19932
AO 88A (Rev. 06/09) Subpoena to TestifY at a Deposition in a Civil Action (Page 3) 

Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07) 

(c) Protecting a Person Subject to a Subpoena. 

(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 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. 

(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 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 Modifying 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 I 00 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 I 00 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: 

(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. 

(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 fonn. 

(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 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). 

Case: 1:11-cv-09308 Document #: 572-3 Filed: 02/15/13 Page 16 of 24 PageID #:19933
SCHEDULE A 

DEFINITIONS AND INSTRUCTIONS 

1. For purposes of this subpoena, "patents-in-suit" refers to the patents-in-suit in the 

above-referenced action, including without limitation U.S. Patent Nos. 7,916,747; 7,873,343; 

7,710,907; 7,548,553; 7,536,167; 7,535,921; 7,457,646; 7,386,002; 7,013,138; 6,714,559; 

6,697,415; 6,665,536; 6,374,311; 5,940,771; 5,844,893; 5,740,366; 5,546,397; 5,295,154; 

5,428,636; 5,504,746; 6,826,165; 7,107,052; 7,710,935 and "related patents or patent 

applications" means any U.S. or foreign patent or patent application that stems from or claims 

priority to the patents-in-suit including, but not limited, to U.S. Patent Nos. 5,673,031; 

6,046,992; 7,483,391; 7,552,246; 7,558,557; 7,826,818, 7,856,003 and 7,917,145. 

2. "Listed inventors" refers to any of the listed inventors on any of the patents-insuit or related patents or patent applications, including, but not limited to, Charles D. Gollnick, 

Mary L. Detweiler, Ronald E. Luse, Gary N. Spiess, John G. Pavek, Guy J. West, Marvin L. 

Sojka, Amos D. Young, James D. Cnossen, Keith K. Cargin, Jr., Robert G. Geers, Richard C. 

Arensdorf, Arvin D. Danielson, Ronald L. Mahany, and Robert C. Meier. 

3. "Assignee" or "assignees" refers to any current or former alleged assignee of the 

patents-in-suit or any related patents or patent applications, and their subsidiaries, officers, 

employees, agents, or attorneys. 

4. "Intermec" refers to Intermec, Inc. and any of its past, current or future 

subsidiaries or affiliated companies, including, but not limited to, Intermec IP and Intermec 

Technologies. 

Case: 1:11-cv-09308 Document #: 572-3 Filed: 02/15/13 Page 17 of 24 PageID #:19934
TOPICS FOR DEPOSITION 

1. The patents-in-suit and any related patents or patent applications, including 

without limitation communications referring or relating to the patents-in-suit or to any related 

patents or patent applications. 

2. Any litigation or other proceeding involving the patents-in-suit or any related 

patents or patent applications, including but not limited to your knowledge of all pleadings, 

motions, exhibits, orders, depositions or other testimony, hearing transcripts, written 

discovery responses or initial disclosures, document productions, expert reports, 

correspondence, settlement agreements, license agreements, consent decrees, or any other 

materials from prior litigations, including without limitation, Innovatio IP Ventures, LLC, 

Patent Litigation (1: 11-cv-09308) (multi-district litigation and constituent actions), Agere 

Systems v. Broadcom Corporation (2:03-cv-03138-BMS) (E.D.Pa), Broadcom Corporation 

v. Qualcomm (3:05-cv-01392-B-BLM, S.D.Ca.), Broadcom Corporation v. Qualcomm (Inv. 

No. 337-TA-543, International Trade Commission), Broadcom Corporation v. Qualcomm 

(8:05-cv-00467-JVS-RNB, C.D. Ca.); and STMicroelectronics, Inc. v. Broadcom 

Corporation (4:02-cv-00362-RAS) (E.D.Tex). 

3. The licensing or attempted licensing of the patents-in-suit or any related patents or 

patent applications, including but not limited to any license, proposed license, covenant not 

to sue, settlement, or resolution of any litigation (actual or potential) involving the patents-insuit or any related patents or patent applications. 

4. All communications referring or relating to the licensing or attempted licensing of 

the patents-in-suit or any related patents or patent applications, including but not limited to 

all communications with actual or potential licensees. 

2 

... ... 

Case: 1:11-cv-09308 Document #: 572-3 Filed: 02/15/13 Page 18 of 24 PageID #:19935
5. The ownership of or rights in the patents-in-suit or any related patents or patent 

applications, including but not limited to any license, proposed license, assignment, proposed 

assignment, sale, offer for sale, auction, bid, covenant not to sue, right of first refusal, 

settlement, consent decree, judgment, or other resolution of any litigation (actual or potential) 

involving the patents-in-suit or any related patents or patent applications, or any other actual 

or proposed transfer or extension of rights in or to the patents-in-suit or any related patents or 

patent applications. 

6. All communications between you and any entity referring or relating to any of the 

patents in suit, any related patents or patent applications, or any litigations involving the 

patents in suit or any related patents or patent applications. 

7. All communications between you and any assignee, including but not limited to 

Broadcom Corporation, Intermec, Norand Corporation, Innovatio IP Ventures, LLC or 

Innovatio Management LLC ("lnnovatio"), or any of their respective shareholders, officers, 

employees, members, representatives, and/or managers. 

8. Broadcom Corporation's or Innovatio's purchase of the patents-in-suit or related 

patents or patent applications from Intermec, including but not limited to communications 

between Broadcom Corporation and lntermec and Innovatio and any of their attorneys or 

representatives, documents relating to valuation of the patents-in-suit or related patents or 

patent applications, drafts and final versions of any letters of intent, term sheets, purchase 

agreements, security interest agreements, licenses, and any schedules, disclosures, 

attachments, addendums or amendments thereto, and communications with third parties. 

9. Broadcom Corporation's, Intermec's, or Norand Corporation's decision to sell, 

offer to sell, assign, or otherwise transfer ownership of the patents-in-suit or related patents 

3 

Case: 1:11-cv-09308 Document #: 572-3 Filed: 02/15/13 Page 19 of 24 PageID #:19936
or patent applications to any third-party, including but not limited to Innovatio or Noel 

Whitley. 

10. Any request to Broadcom Corporation to purchase or otherwise acquire 

ownership of the patents-in-suit or related patents or patent applications including but not 

limited to any request from Noel Whitley or Innovatio. 

11. Money or other remuneration paid or owed to Broadcom Corporation by Noel 

Whitley, Innovatio, or any third party by reason oflnnovatio's acquisition or assertion of the 

patents-in-suit or related patents or patent applications. 

12. All documents, communications and materials referring or relating to any entity 

involved in the licensing of the patents in suit or related patents, including but not limited to 

Innovatio IP Ventures LLC, Innovatio Management LLC, McAndrews, Held & Malloy, Ltd., 

Niro, Haller & Niro, Bluemont IP Partners LLC, Huntington Venture Partners, LLC, Lunar 

Investments, LLC, WDHM LLC (formerly CVJ Street, LLC), Broadcom Corporation, 

Dispute Resolution Corporation, VICIS Consulting LLC, Dowell Baker or any of their 

officers, employees, or agents, including but not limited to Matt McAndrews, Robert 

Berman, Samik Bhattacharyya, Jennifer Lim, Eric Ogawa, or Anthony Dowell in connection 

with Innovatio, Noel Whitley, Norand, Intermec, the patents-in-suit, or related patents and 

patent applications. 

13. Any strategies, plans, or expectations (whether of the assignees, the inventors, 

licensing counsel, or otherwise) with respect to the subject matter disclosed or claimed by the 

patents-in-suit or by any related patents or patent applications, including without limitation 

any plans to commercialize, sell, license, or otherwise derive business or revenues from the 

patents-in-suit or from any related patents or patent applications, and also including without 

4 

Case: 1:11-cv-09308 Document #: 572-3 Filed: 02/15/13 Page 20 of 24 PageID #:19937
limitation any efforts to obtain investments, funding, income, or revenue relating in any way 

to the subject matter of the patents-in-suit. 

14. The potential value, if any, of the patents-in-suit or any related patents or patent 

applications, including any potential value communicated, discussed, or agreed upon in 

connection with any license, proposed license, assignment, proposed assignment, sale, offer 

for sale, auction, bid, covenant not to sue, right of first refusal, settlement, consent decree, 

judgment, or other resolution of any litigation (actual or potential) involving the patents-insuit or any related patents or patent applications, or any other actual or proposed transfer or 

extension of rights in or to the patents-in-suit or any related patents or patent applications. 

15. Analysis of the fair, reasonable, and non-discriminatory (RAND or FRAND) 

terms or conditions in connection with the patents-in-suit, or related patents and patent 

applications. 

16. Communications referring or relating to the IEEE in connection with the patentsin-suit, or related patents and patent applications. 

17. All documents, communications and materials referring or relating to the whether 

the patents-in-suit or related patents and patent applications are "essential" to practicing any 

technical standard, including but not limited to IEEE 802.11. 

18. Potential or actual prior art to the patents-in-suit or to any related patents or patent 

applications, even if you dispute that the material constitutes or discloses prior art, including 

but not limited to art cited during prosecution of the patents-in-suit, art cited during the 

prosecution of any related patents or patent applications, and art disclosed by any parties 

(including in any litigation involving the patents-in-suit or in licensing discussions), and any 

searches for prior art and the results of those searches. 

5 

Case: 1:11-cv-09308 Document #: 572-3 Filed: 02/15/13 Page 21 of 24 PageID #:19938
·• 

19. Whether the alleged invention(s) of the patents-in-suit or any related patents or 

patent applications are obvious under 35 U.S.C. § 103. 

20. The desjgn, development, sale, offer for sale, disclosure, or public use of the 

subject matter of the patents-in-suit or any related patents or patent applications, including 

without limitation sales, offers for sale and/or disclosures at any trade shows, and also 

including all documents and materials referring or relating to any products that have been 

licensed or for which a covenant not to sue has been extended under the patents-in-suit or 

under any related patents or patent applications. 

21. The conception of the alleged invention(s) of the patents-in-suit or any related 

patents or patent applications, the best mode of practicing such alleged invention(s), any 

actual or constructive reduction to practice of such alleged invention(s), and any 

improvements to such alleged invention(s), including but not limited to inventor records, 

notebooks, physical embodiments of all or part of such alleged invention(s), and all devices, 

apparatus or software purchased or built by the inventors for the purpose of researching, 

developing, or reducing to practice such alleged invention(s), and any documents contended 

to corroborate conception or reduction to practice. 

22. The inventorship, patentability, validity or invalidity, enforceability or 

unenforceability, or infringement or non-infringement (whether direct, contributory or by 

inducement) of any patent-in-suit or any related patents or patent applications, including 

without limitation, any contention by any person, including without limitation any named 

inventor, expert, consultant, prosecuting counsel, prior art search firm, or any other person, 

that any of the patents-in-suit or any related patent or patent application is invalid, 

unenforceable or not infringed. 

6 

·• 

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23. Any opinions, evaluations, advice, or analyses concerning the validity or 

invalidity, enforceability or unenforceability, infringement or non-infringement, or scope of 

the claims of the patents-in-suit or of any related patents or patent applications, and all 

documents reviewed in the formation of such opinions, evaluations, advice, or analyses. 

24. When the listed inventors, the assignees, their counsel or representatives, or 

anyone subject to the duty of candor before the USPTO learned of any potential or actual 

prior art to the patents-in-suit or to any related patents or patent applications. 

25. The preparation, filing, or prosecution of the patents-in-suit or any related patents 

or patent applications, including but not limited to invention disclosure information, technical 

descriptions, prior art, publications, non-identical drafts of patent applications, prosecution 

file histories of the patents-in-suit, prosecution file histories of related patents or patent 

applications, and any communications with any agent, attorney, firm, foreign patent office, or 

theUSPTO. 

26. All communications between Broadcom Corporation and Noel Whitley relating to 

Innovatio, the patents in suit or any related patents or pending applications. 

27. All communications, documents, and materials referring or relating to Noel 

Whitley. 

28. Your composition, ownership, operation, and any subsidiary or parent entities 

including but not limited to an identification of all past and present shareholders, directors, 

officers, employees, the positions, titles and interests of those individuals, and the 

relationship between any entities. 

29. Any interest, financial or otherwise, that you or any of your officers, directors, 

principals, employees, or agents has, had, or planned or contemplated having in Innovatio IP 

7 

Case: 1:11-cv-09308 Document #: 572-3 Filed: 02/15/13 Page 23 of 24 PageID #:19940
Ventures LLC, Innovatio Management LLC, or the intellectual property of either, including 

without limitation any of the Patents-in-Suit or any Related Patents or Patent Applications. 

30. Money or other renumeration paid or owed to any person or entity by Noel 

Whitley, Innovatio IP Ventures LLC, Innovatio Management LLC, or any third party by any 

reason related to any of the Patents-in-Suit or any Related Patents or Patent Applications. 

31. Any agreements, covenants, payments, invoices, and/or retention letters regarding 

the Patents-in-Suit or related patents or patent applications. 

32. All tax returns filed for the years 2006 to the present. 

33. All phone bills for the years 2006 to the present. 

8 

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Case: 1:11-cv-09308 Document #: 572-3 Filed: 02/15/13 Page 24 of 24 PageID #:19941