Opinion
Case No. C 10-00475 PJH
10-12-2011
TV INTERACTIVE DATA CORPORATION, a California Corporation, Plaintiff, v. SONY CORPORATION; SONY COMPUTER ENTERTAINMENT INC.; SONY COMPUTER ENTERTAINMENT AMERICA, INC.; SONY CORPORATION OF AMERICA; SONY ELECTRONICS, INC.; SAMSUNG ELECTRONICS CO., LTD.; SAMSUNG ELECTRONICS AMERICA, INC.; ROYAL PHILIPS ELECTRONICS N. v. ; PHILIPS ELECTRONICS NORTH AMERICA CORPORATION; TOSHIBA CORPORATION; TOSHIBA AMERICA, INC.; TOSHIBA AMERICA CONSUMER PRODUCTS, L.L.C.; VICTOR COMPANY OF JAPAN, LTD.; JVC AMERICAS CORP.; LG ELECTRONICS, INC.; LG ELECTRONICS U.S.A., INC.; ZENITH ELECTRONICS LLC; PIONEER CORPORATION; PIONEER ELECTRONICS (USA) INC.; SHARP CORPORATION; SHARP ELECTRONICS CORPORATION; FUNAI ELECTRIC CO., LTD.; FUNAI CORPORATION, INC.; D&M HOLDINGS INC.; D&M HOLDINGS US, INC.; AND DENON ELECTRONICS (USA), LLC, Defendants.
FOR PLAINTIFF TV INTERACTIVE DATA CORP. ROBINS, KAPLAN, MILLER & CIRESI, L.L.P. Sang Young A. Brodie (pro hac vice) Richard M. Martinez (pro hac vice) Trevor J. Foster (pro hac vice) Victor C. Chan (pro hac vice) FOR DEFENDANT FUNAI ELECTRIC CO., LTD. AND INDIVIDUAL DEPONENTS: BAKER & HOSTETLER, LLP Kevin W. Kirsch David A. Mancino John F. Bennett
STIPULATION AND [PROPOSED] AMENDED ORDER/COMMISSION FOR DEPOSITIONS TO BE TAKEN IN JAPAN
DEPONENT: FUNAI ELECTRIC CO., LTD. AND INDIVIDUALS
JOINT STIPULATION
Beginning on or about October 17, 2011, TV Interactive Data Corp. ("TVI") will begin depositions of certain witnesses from Funai Electric Co. Ltd. ("Funai") at the U.S. Consulate in Osaka-Kobe. TVI and Funai hereby submit and jointly stipulate to the following Proposed Amended Order/Commission for Depositions to be Taken in Japan.
The following Proposed Amended Order/Commission for Depositions to be Taken in Japan differs from the Order/Commission for Depositions to be Taken in Japan signed by Magistrate Judge Lloyd on August 31, 2011, in the following ways:
(1) The Proposed Amended Order/Commission includes an additional check interpreter in section 2: Akiko Hirashima;FOR PLAINTIFF TV INTERACTIVE DATA CORP.
(2) The Proposed Amended Order/Commission includes the full name of the individual previously identified as "Mr. Onishi" in sections 1 and 2: Kazuaki Onishi; and
(3) The Proposed Amended Order/Commission adds Mr. Kanji Imanishi as a deponent.
ROBINS, KAPLAN, MILLER & CIRESI, L.L.P.
Sang Young A. Brodie (pro hac vice)
Richard M. Martinez (pro hac vice)
Trevor J. Foster (pro hac vice)
Victor C. Chan (pro hac vice)
FOR DEFENDANT FUNAI ELECTRIC CO., LTD. AND INDIVIDUAL DEPONENTS:
BAKER & HOSTETLER, LLP
Kevin W. Kirsch
David A. Mancino
John F. Bennett
I, Kevin W. Kirsch, am the ECF user whose User ID and Password are being utilized in the electronic filing of the STIPULATION AND [PROPOSED] AMENDED ORDER/COMMISSION FOR DEPOSITIONS TO BE TAKEN IN JAPAN. Pursuant to the Northern District of California's General Order 45(X)(B), I attest that concurrence in the filing has been obtained from Sang Young A. Brodie.
Kevin W. Kirsch [PROPOSED] AMENDED ORDER/COMMISSION FOR DEPOSITIONS TO BE TAKEN IN JAPAN
TO: ANY CONSUL OR VICE CONSUL OF THE UNITED STATES OF AMERICA AT OSAKA-KOBE, JAPAN
Upon the application of Complainant TV Interactive Data Corporation ("TVI"), in TVI Data Corp. v. Sony Corp., et al., Inv. No. 10-00475, before the U.S. District Court for the Northern District of California, and pursuant to Article 17 of the United States - Japan Consular Convention,
IT IS ORDERED THAT the depositions on notice of the following witnesses may be taken at the U.S. Consulate in Osaka-Kobe, Japan, on one or more dates during the period from on or about October 17, 2011, at 8:30 a.m. to on or about November 10, 2011 at 4:00 p.m. as follows, and that any documentary exhibits in connection therewith be marked:
1. Fed. R. Civ. P., Rule 30(b)(6) deposition of Funai Electric Co., Ltd.Potential witnesses for the Fed. R. Civ. P., Rule 30(b)(6) deposition of Funai Electric Co. include, at the discretion of Funai Electric Co., any combination of one or more of the following:
Funai Electric Co., Ltd.
7-7-1 Nakagaito, DaitoCity
Osaka 574-0013, Japan
Goro Seki
Kazuyuki Fujiwara
Yoshikazu Fujita
Makato Takemoto
Shigeru Yokota
Yoichi Kanazawa
Kozo Wada
Tadashi Shimoguchi
Tsuyoshi Kamitani
Hideo Saito
Hiroki Nakamura
Jun Tateishi
Kazuaki Onishi
2. Fed. R. Civ. P., Rule 30(b)(1) depositions of individuals Potential witnesses for depositions under Fed. R. Civ. P., Rule 30(b)(1) include:
Goro Seki
Kazuyuki Fujiwara
Yoshikazu Fujita
Shinji Seki
Makato Takemoto
Shigeru Yokota
Yoichi Kanazawa
Kozo Wada
Tadashi Shimoguchi
Tsuyoshi Kamitani
Hideo Saito
Hiroki Nakamura
Jun Tateishi
Kazuaki Onishi
Kanji Imanishi
Counsel for Defendant Funai Electric Co. who will participate in said depositions are Kevin W. Kirsch, David A. Mancino, and John F. Bennett. In addition, William Mangioni-Smith may attend on behalf of Funai Electric Co.
Members of Funai Electric Co.'s Intellectual Property Group that may attend the depositions include Hisao Tatsumi, Goro Seki, Hiroki Nakamura, and Takafumi Ishii.
Check interpreters that may be attending the depositions include:
Yoshiyuki Onishi
Christopher Field
Asami Isomichi
Mia Matsumura
Junko Sumida
Toyu Yazaki
Ellen Shang Travis
Akiko Hirashima
Counsel for TVI who will participate in said depositions are Richard M. Martinez, Sang Young A. Brodie, Trevor J. Foster, and Victor C. Chan. In addition, James Tornes and Andrew Wolfe may attend on behalf of TVI.
Jared Taylor will act as interpreter.
The proceedings will be recorded by Christopher Sheppard Hanlon, Lee Anthony Bowry, Peter Wai Kwong Au, Jeffrey Marc Menton, Randell Buckler, Deborah Marshall, Jodi Harmon, Lawrence Paul Nelson, Melanie Louise Giamarco, Tracey LoCastro and/or Randi Birnhak with American Realtime Court Reporters & Videographers. Please cause the testimony of said witnesses to be recorded by video and reduced to writing; the depositions to be signed by said witnesses; said deposition testimony to be annexed to your Commission and closed under your seal; and the return of these materials to this Court with all convenient speed. WITNESS, the Honorable Phyllis J. Hamilton, United States District Judge of the United States District Court, Northern District of California, this 12th day of October 2011.
Honorable Phyllis J. Hamilton
United States District Court
Northern District of California
Oakland Courthouse, Courtroom 3 - 3rd Floor
1301 Clay Street,
Oakland, CA 94612
I hereby certify that the signature above is that of the Honorable Phyllis J. Hamilton, United States District Judge of the United States District Court, Northern District of California. _______________ Clerk of the Court. By: _______________ Deputy Clerk: _______________ Seal:
CERTIFICATE OF SERVICE
I declare that I am employed with the law firm of Baker & Hostetler LLP, whose address is 312 Walnut Street, Suite 3200, Cincinnati, Ohio 45202. I am not a party to the within cause, and I am over the age of eighteen years.
I further declare that on October 7, 2011, I served the following:
STIPULATION AND [PROPOSED] AMENDED ORDER/COMMISSION FOR DEPOSITIONS TO BE TAKEN IN JAPAN
[×] BY ELECTRONIC SERVICE by electronically mailing a true and correct copy through Baker & Hostetler LLP's electronic mail system to the e-mail addresses set forth below per agreement of the parties in accordance with Fed. R. Civ. P. 5(b).
Robert E. McBride
Email: rmcbride@mayerbrown.com
Mayer Brown LLP
1999 K Street, NW
Washington, DC 20006-1101
Sten Anker Jensen
Email: sjensen@orrick.com
Orrick Herrington & Sutcliffe LLP
1152 15th St. NW
Washington, DC 20005
Steven J. Routh
Email: srouth@orrick.com
Orrick, Herrington & Sutcliffe LLP
1152 15th Street, NW
Washington, DC 20005
[] BY MAIL by placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with the firm's practice of collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in Cincinnati, Ohio, in sealed envelopes with postage fully prepaid.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 7, 2011, in Cincinnati, Ohio.
John F. Bennett