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Avago Technologies U.S. Inc. v. Iptronics Inc.

United States District Court, N.D. California, San Jose Division

August 5, 2015

AVAGO TECHNOLOGIES U.S. INC., AVAGO TECHNOLOGIES GENERAL IP (SINGAPORE) PTE. LTD., AVAGO TECHNOLOGIES TRADING LTD., AND AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LTD., Plaintiffs,
v.
IPTRONICS INC., MELLANOX TECHNOLOGIES DENMARK APS, MELLANOX TECHNOLOGIES, INC., and MELLANOX TECHNOLOGIES, LTD., Defendants.

Shawn E. McDonald, FOLEY & LARDNER LLP, Palo Alto, CA, Nancy L. Stagg, Ary Chang, Wendy W. Cheung, Steven M. Millendorf, FOLEY & LARDNER LLP, San Diego, CA, John C. Vetter (Admitted Pro Hac Vice), FOLEY & LARDNER LLP FOLEY & LARDNER LLP, Miami, FL, Richard S. Florsheim (Admitted Pro Hac Vice), FOLEY & LARDNER LLP, Milwaukee, WI, Attorneys for Plaintiffs, AVAGO TECHNOLOGIES U.S. INC., AVAGO TECHNOLOGIES GENERAL IP (SINGAPORE) PTE. LTD., AVAGO TECHNOLOGIES TRADING LTD., AND AVAGO TECHNOLOGIES INTERNATIONAL SALES PTE. LTD.

SUPPLEMENTAL REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS

PAUL S. GREWAL, Magistrate Judge.

1. Sender

2. Central Authority of the Requested State

3. Person to Whom the Executed Request is to be Returned

4. Specification of the Date by Which the Requesting Authority Requires Receipt of the Response to the Letter Request

As soon as reasonably practicable.

IN CONFORMITY WITH ARTICLE 3 OF THE CONVENTION, THE UNDERSIGNED APPLICANT HAS THE HONOR TO SUBMIT THE FOLLOWING SUPPLEMENTAL REQUEST:

5. a. Requesting Judicial Authority (Art. 3(a))

b. To the Competent Authority of (Art. 3(a))

The Central Authority of France

c. Name of the Case and Any Identifying Number

Avago Technologies Fiber IP (Singapore) Pte. Ltd., et al. v. IPtronics, Inc. and IPtronics A/S; Case Number 5:10-CV-02863 EJD (PSG), United States District Court for the Northern District of California.

6. Clarification of Initial Letter of Request

On July 21, 2015, the Court granted Avago's Application for Request for International Judicial Assistance (the "Application") (Dkt. No. 636) and executed Avago's Letter Request to the Central Authority of France. The undersigned Judicial Authority has been informed that, on or about July 28, 2015, the Central Authority indicated that it would prefer that the Judicial Authority nominate a specific commissioner for appointment to preside over the taking of evidence in France pursuant to the Letter Request. Accordingly, the undersigned Judicial Authority hereby nominates the following person for the position of commissioner in the above-cited case:

Ms. Sylvie Mandel, Conseiller honoraire at the Cour de cassation [French Supreme Court] Residing at: 47 rue Saint Andre des Arts Paris 75007 Telephone: 嵵흝痗嵵

In this capacity, Ms. Sylvie Mandel would have broad powers to undertake the measures that have previously been defined under the conditions set forth in points 10 to 17 of the letter rogatory dated of the 21 July 2015; no changes are made to any of the other points.

The examination will take place at the offices of Herbert Smith Freehills Paris - 66 avenue Marceau Paris 75008.


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