Declaration of Michael Pepson In Support of D-Link 

Systems’ Opposition to FTC’s Motion for Summary 

Judgment 

 Case No. 17-cv-00039-JD 

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CAUSE OF ACTION INSTITUTE 

JOHN J. VECCHIONE [admitted pro hac vice] [Lead Counsel] 

 john.vecchione@causeofaction.org 

MICHAEL D. PEPSON [admitted pro hac vice] 

Admitted only in Maryland. 

Practice limited to matters and proceedings before United States Courts and agencies. 

 michael.pepson@causeofaction.org 

JESSICA LEE THOMPSON [admitted pro hac vice] 

 jessica.thompson@causeofaction.org 

ASHLEY SALVINO [admitted pro hac vice] 

 ashley.salvino@causeofaction.org 

JOSHUA N. SCHOPF [admitted pro hac vice] 

 josh.schopf@causeofaction.org 

NICHOLE C. WILSON [admitted pro hac vice] 

 nichole.wilson@causeofaction.org 

KARA E. MCKENNA [admitted pro hac vice] 

 kara.mckenna@causeofaction.org 

CYNTHIA CRAWFORD [admitted pro hac vice] 

 cynthia.crawford@causeofaction.org 

1875 Eye Street N.W., Suite 800 

Washington, DC 20006 

Telephone: (202) 422-4332/Facsimile: (202) 330-5842 

Christine Yang (SBN 102048) 

 chrisyang@sjclawpc.com 

LAW OFFICES OF S.J. CHRISTINE YANG

17220 Newhope Street, Suites 101 &102 

Fountain Valley, CA 92708 

Telephone: 714.641.4022 

Facsimile: 714.641.2082 

Christopher Kao (SBN 237716) 

 christopher.kao@pillsburylaw.com 

Brock S. Weber (SBN 261383) 

 brock.weber@pillsburylaw.com 

PILLSBURY WINTHROP SHAW PITTMAN LLP 

Four Embarcadero Center, 22nd Floor 

San Francisco, CA 94111-5998 

Tel.: 415.983.1000 / Facsimile: 415.983.1200 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

v. 

D-LINK SYSTEMS, INC., 

Defendants. 

 Case No. 3:17-cv-00039-JD 

DECLARATION OF MICHAEL PEPSON IN 

SUPPORT OF DEFENDANT D-LINK 

SYSTEMS, INC.’S OPPOSITION TO 

PLAINTIFF FTC’S MOTION FOR SUMMARY 

JUDGMENT 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 
Declaration of Michael Pepson In Support of D-Link 

Systems’ Opposition to FTC’s Motion for Summary 

Judgment

1 Case No. 17-cv-00039-JD 

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DECLARATION OF MICHAEL PEPSON 

The undersigned declarant, Michael Pepson, states: 

1. I am an attorney at Cause of Action Institute, counsel for defendant D-Link Systems, 

Inc. The following facts are based on my own personal knowledge and, if called as a witness, I 

could and would testify competently thereto. 

2. Attached hereto as Exhibit 1 is a true and correct copy of excerpts from the 

Transcript of Deposition of Peter Tsai as FRCP 30(b)(6) Witness for D-Link Corporation 

(January 30, 2018). 

3. Attached hereto as Exhibit 2 is a true and correct copy of excerpts from the Transcript 

of Deposition of William Brown as FRCP 30(b)(6) Witness for D-Link Systems (April 26, 2018). 

4. Attached hereto as Exhibit 3 is a true and correct copy of excerpts from the Transcript 

of Deposition of William Brown (March 14, 2018). 

5. Attached hereto as Exhibit 4 is a true and correct copy of excerpts from the Transcript 

of Deposition of Daniel Hsu (January 31, 2018). 

6. Attached hereto as Exhibit 5 is a true and correct copy of excerpts from the Transcript 

of Deposition of A.J. Wang (December 6, 2017). 

7. Attached hereto as Exhibit 6 is a true and correct copy of excerpts from the Transcript 

of Deposition of Robert G. Schoshinski as FRCP 30(b)(6) Witness for Plaintiff Federal Trade 

Commission (“FTC”) (April 17, 2018). 

8. Attached hereto as Exhibit 7 is a true and correct copy of excerpts from the Transcript 

of Deposition of Mark Graff, an expert witness for Plaintiff FTC (August 9, 2018). 

9. Attached hereto as Exhibit 8 is a true and correct copy of excerpts from Plaintiff 

FTC’s Responses to DLS’s First Set of Requests for Admissions. 

10. Attached hereto as Exhibit 9 is a true and correct copy of excerpts from the Transcript 

of Deposition of Dr. Terrence Shimp, an expert witness for Plaintiff FTC (August 2, 2018). 

11. Attached hereto as Exhibit 10 is a true and correct copy of excerpts from the Civil 

Investigational Hearing William Brown, In Re D-Link Systems, Matter No. P954807 (July 29-31, 

2014). 
Declaration of Michael Pepson in Support of D-Link 

Systems’ Opposition to FTC Motion for Summary 

Judgment

2 Case No. 17-cv-00039-JD 

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12. Attached hereto as Exhibit 11 is a true and correct copy of excerpts from the 

Transcript of Deposition of Scott King as FRCP 30(b)(6) Witness for Rapid 7 (July 27, 2018). 

13. Attached hereto as Exhibit 12 is a true and correct copy of excerpts from the 

Transcript of Deposition of Jerome Radcliffe, an expert witness for Defendant DLS (August 23, 

2018). 

14. Attached hereto as Exhibit 13 is a true and correct copy of excerpts from the 

Transcript of Deposition of Patrick Schaumont, an expert witness for Defendant DLS (August 8, 

2018). 

15. Attached hereto as Exhibit 14 is a true and correct copy of excerpts from the 

Transcript of Deposition of Jamie E. Hine (October 1, 2018). 

16. Attached hereto as Exhibit 15 is a true and correct copy of excerpts from Plaintiff 

FTC’s Responses to DLS’ Second Set of Interrogatories. 

17. Attached hereto as Exhibit 16 is a true and correct copy of the July 27, 2018 Rebuttal 

Report of Mark G. Graff. 

18. Attached hereto as Exhibit 17 are true and correct excerpts from documents that 

Plaintiff FTC produced to DLS on or about September 28, 2018. 

19. Attached hereto as Exhibit 18 are true and correct copies of screenshots that I took of 

a video the FTC produced to DLS in native format on or about August 30, 2018 (F04-DKS0010892). 

20. Attached hereto as Exhibit 19 are true and correct copies of screenshots that I took of 

a video the FTC produced to DLS in native format on or about August 30, 2018 (F04-DKS0010893). 

I declare under penalty of perjury under the laws of the United States that the foregoing is 

true and correct. 

Executed this 5th day of October, 2018 at Washington, D.C. 

 /s/ Michael Pepson 

 MICHAEL PEPSON