Anda di halaman 1dari 6

EXHIBIT Q

Case: 3:11-cv-00727-bbc Document #: 49-17 Filed: 08/06/12 Page 1 of 6


- 1 -
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

ESSOCIATE, INC.,

Plaintiff,

v.

AZOOGLE.COM, INC., and EPIC MEDIA
GROUP, INC.,

Defendants.


CASE NO. 3:11-cv-00727-bbc


NOTICE OF VIDEOTAPED ORAL EXAMINATION
PURSUANT TO FRCP 30(B)(6)

To: Defendants Azoogle.com, Inc. and Epic Media Group, Inc.
And to: Godfrey & Kahn, S.C. and K&L Gates LLP, their counsel of record
PLEASE TAKE NOTE that under FRCP 30(b)(6), Plaintiff Essociate will take
the deposition of an authorized representative of EPIC MEDIA GROUP, INC. before a
Notary Public at the offices of Toby Feldman, Inc., NY Court Reporter Service, 1 Penn
Plaza, Suite 4510, New York, NY, 10119 commencing at 11:00 a.m. on J uly 6, 2012.
This oral examination will be recorded by audio, audiovisual, and stenographic means.
This oral examination will be subject to continuance or adjournment from time to time or
place to place until completed.
Pursuant to FRCP 30(b)(6), EPIC MEDIA GROUP, INC. is required to designate
one or more representatives to testify as to the matters listed in Exhibit A attached hereto.




Case: 3:11-cv-00727-bbc Document #: 49-17 Filed: 08/06/12 Page 2 of 6
- 2 -


Dated J une 5, 2012. Respectfully Submitted,

NEWMAN DU WORS LLP


/s/ Derek Linke
Derek A. Newman
Derek Linke
J ohn Du Wors
1201 Third Avenue, Suite 1600
Seattle, WA 98101
Telephone: (206) 274-2800
Facsimile: (206) 274-2801
derek@newmanlaw.com
linke@newmanlaw.com
john@newmanlaw.com

Attorneys for Plaintiff Essociate, Inc.



Case: 3:11-cv-00727-bbc Document #: 49-17 Filed: 08/06/12 Page 3 of 6
EXHIBIT A
TO DEPOSITION NOTICE TO EPIC MEDIA GROUP, INC.

I. DEFINED TERMS
The following terms have the meanings ascribed to them below:
1. The terms You and Your refer to Defendant EPIC MEDIA GROUP,
INC. and its officers, agents, employees, predecessors in interest, successors, assigns,
subsidiaries, parents, affiliates, and other entities under common control.
2. The term Epic Network means Your online affiliate marketing network
located at <http://www.epicadvertising.com>and previously at
<http://www.azoogle.com>and all versions thereof.
3. The term 660 Patent means U.S. Patent No. 6,804,660.
II. SUBJECTS OF TESTIMONY
1. The conception, reduction to practice, creation, design, development,
manufacture, modification, engineering, implementation, commercial deployment,
maintenance, monetization, business planning, testing, and operation of each embodiment
of the Epic Network.
2. All merchants whose campaigns, offers, and/or ads have been or are
available to publishers in the Epic Network.
3. All campaigns, offers, and/or ads which have been or are available to
publishers in the Epic Network.
4. Tracking functionalities associated with or used by the Epic Network.
5. Your affirmative defenses to Essociates claims in this lawsuit.
6. Your counterclaims in this lawsuit.
Case: 3:11-cv-00727-bbc Document #: 49-17 Filed: 08/06/12 Page 4 of 6
7. Any alleged prior art for the 660 Patent that You contend was offered for
sale, sold, or in public use prior to May 1, 2000.
8. Any publications that You contend are prior art for the 660 Patent and
were published or otherwise disclosed prior to May 1, 2000.
9. All patents or patent applications relating to the Epic Network.
10. All searches or search opinions provided to You relating to whether the
Epic Network infringed the patents of any party, including without limitation Essociate.
11. All allegations made by You against any other party that the other partys
product infringed any patents owned or controlled by You.
12. All searches performed or conducted by You relating to the patentability
of the Epic Network, or any component thereof, and any opinions rendered as a result
thereof.
13. All inquiries, proposals, quotations, contracts, and agreements relating to
the Epic Network.
14. Licenses to which You are a party for technology in the general field of
the 660 Patent, i.e. online affiliate marketing.
15. Financial information relating to You, including the sales and profitability
of You and the Epic Network; income statements; profit and loss statements; balance
sheets; cash flow statements; accounting records; accounting notes; ledgers; periodic
reports (e.g. monthly, quarterly, and annual financial statements and reports); financial
summaries; planning reports; tax returns; financial projections; fund raising solicitations;
distributions, salaries, or other monies paid to officers, directors, or shareholders;
Case: 3:11-cv-00727-bbc Document #: 49-17 Filed: 08/06/12 Page 5 of 6
prospectuses; private placement memoranda; forward looking statements; cost estimates;
and projections or forecasts.
16. Documents and electronically stored information produced by You in
response to Plaintiff Essociate, Inc.s First Set of Requests for Production of Documents
and Electronically Stored Information to Defendant EPIC MEDIA GROUP, INC.
Pursuant to Fed. R. Civ. P. 34, including, without limitation: 1) the process You
undertook to identify and locate those documents and electronically stored information,
2) information about the creation, origination, maintenance, and distribution of those
documents and electronically stored information, and 3) all persons with personal
knowledge of the creation, origination, maintenance, and distribution of those documents
and electronically stored information.
17. Your written responses to Essociates discovery requests in this lawsuit.
Case: 3:11-cv-00727-bbc Document #: 49-17 Filed: 08/06/12 Page 6 of 6

Anda mungkin juga menyukai