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PATRICK PREMO (CSB No. 184915) ppremo@fenwick.com DAN KO OBUHANYCH (CSB No. 255160) dobuhanych@fenwick.com FENWICK & WEST LLP Silicon Valley Center 801 California Street Mountain View, CA 94041 Telephone: 650.988.8500 Facsimile: 650.938.5200 MICHAEL A. F ARB STEIN (CSB No.1 07030) maf@farbstein.com F ARB STEIN & BLACKMAN, APC 411 Borel Avenue, Suite 425 San Mateo, CA 94402 Telephone: 650.554.6200 Facsimile: 650.554.6240 Attorneys for Defendants ENSUANT, INC ., PUNEET ARORA, BASANTH GOWDA and NELSON PETRACEK SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA TIDCO SOFTWARE, INC., a Delaware Corporation, Plaintiff, v. ENSUANT, INC., a California Corporation, PUNEET ARORA, an Individual, NELSON PETRACEK, an Individual, BASANTH GOWDA, an Individual, and DOES 1 through 100, inclusive, Defendants, Second Amend. Compo Filed: July 25,2011 AND RELATED CROSS-COMPLAINT Case No.: 1- 10-CV-174346

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REPLY DECLARATION OF PATRICK PREMO IN SUPPORT OF DEFENDANTS AND CROSS-COMPLAINANTS' MOTION TO COMPEL THE DEPOSITION OF VIVEK RANADIvE
Date: Time: Dept.: Judge:

October 7,2011 9:00 a.m. 11 EricaR. Yew

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REPLY DEC LARA TJON OF P. PREMO ISO D EFTS' MOTION TO COMPEL TH E D EPOSITION OF VIVEK RANADIVE CASE No.: 1- lO-CV-174346

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EXHIBIT A FILED UNDER SEAL

EXHIBIT B

EXHIBIT B FILED UNDER SEAL

EXHIBIT C

EXHIBIT C FILED UNDER SEAL

EXHIBIT D

EXHIBIT D FILED UNDER SEAL

EXHIBIT E

EXHIBIT E FILED UNDER SEAL

EXHIBIT F

EXHIBIT F FILED UNDER SEAL

EXHIBIT G

EXHIBIT G FILED UNDER SEAL

EXHIBIT H

From: Patrick Premo Sent: Tuesday, September 27, 2011 5:36 PM To: 'Overend, William' Cc: Bonachea, Luisa M.; Shin, Sue; Shanahan, Cristi; Dan Ko Obuhanych Subject: Ensuant's Discovery Disputes Bill: Today we discussed the fact that we would be meeting and confer on all depositions to come up with a mutually convenient schedule. It's not just Macy's depositions. However, you are correct that the Macy's depositions will not be going forward on the original dates noticed for them. Next, I was surprised to learn for the first time today that TIBCO has apparently not collected or produced documents since its initial collection last October 2010. Defendants have propounded new discovery so additional steps to collect should have been undertaken. Please confirm what steps have been undertaken to preserve the electronically stored information and paper files. In addition, please explain why nearly one year's worth of communications and other data has not been produced. It's highly relevant to the cross-complaint. Moreover, why TIBCO waited until after the preliminary injunction briefing was completed and ruled upon to produce the evidence that it had collected months earlier. Finally, I am particularly disturbed to learn for the first time that TIBCO did not take necessary steps to preserve one of the most important pieces of evidence in the case, namely Mr. Arora's TIBCO-issued laptop that TIBCO apparently repurposed months before launching an aggressive lawsuit. The only evidence of alleged misappropriation of produce source code is that laptop, and now you're saying it's been compromised. These issues are very issues, which I would like to raise with the Court along with the other scheduling issues we have. Plaintiff's proposed schedule was to run depositions up until the Friday before the November 14 trial date. There are now expert depositions that need to be scheduled. Clearly, that is not a workable solution. I propose that we jointly call the court tomorrow morning. -Patrick Patrick Premo Partner, Litigation Group (650) 335-7963 (650) 938-5200 ppremo@fenwick.com -----Original Message----From: Overend, William [mailto:WOverend@ReedSmith.com] Sent: Tuesday, September 27, 2011 5:18 PM To: Patrick Premo Cc: Bonachea, Luisa M.; Shin, Sue; Shanahan, Cristi Subject: Pat:

This will confirm our telephone conversation today, during which you stated that the Macy's depositions currently set for Oct. 3 and 4 will not be going forward on those dates. Please meet and confer with me before rescheduling those depositions. Thanks, Bill *** This E-mail, along with any attachments, is considered confidential and may well be legally privileged. If you have received it in error, you are on notice of its status. Please notify us immediately by reply email and then delete this message from your system. Please do not copy it or use it for any purposes, or disclose its contents to any other person. Thank you for your cooperation. *** To ensure compliance with Treasury Department regulations, we inform you that, unless otherwise indicated in writing, any U.S. Federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or applicable state and local provisions or (2) promoting, marketing or recommending to another party any tax-related matters addressed herein. Disclaimer Version RS.US.1.01.03 pdc1