SUBPOENA DUCES TECUM

SUBPOENA

DUCES

TECUM

Issued

Pursuant

to

Rule

3.34(b),

16

C.F.R.

Ej

3.34(b)(1997)

1.

TO

The

'PBN

Company

Three

Ehbarcadero

Center

San

Francisco,

California

94111

Attention:

Legal

Depaxhnmt

2.

FROM

UNITED

STATES

OF

AMERICA

FEDERAL TRADE

COMMISSION

I

This subpoena.requires you

to

produce and permit inspection and copying

of

designated books, documents

{as

defined in Rule

3.34(b)),

or tangible things

-

or

to

permit

inspection

of

premises

-

at

the date and time

specified

in Item

5,

at

the

request

of

Counsel

listed

in

Item

9,

in the proceeding

described

in Item

6,

3.

PLACE

OF

PRODUCTION OR INSPECTION

I

4.

MATERIAL WILL

BE

PRODUCED TO

8.

ADMlNlSTRATlVE'LAW JUDGE

'

Federal

Trade

Carmission

6oo

Avaw,

Nw

NJ-6264

March

31,

2003

Federal

Trade

Comnission

Attention:

Joh

Roberti,

Esq

Washington,

Dc

20580

9.

COUNSEL REQUESTING SUBPOENA

9:30

AM

6.

SUBJECT

OF

PROCEEDING

DATE

ISSUED

?IAR

6

2003

In

the

Matter

of

Union

Oil

Company

of

California,

Docket

No.

9305

SECRETARYS

SIGNATURE

7.

MATERIAL

TO

BE

PRODUCED

See

attached

Specifications,

Definitions,

and

Instructions

I

'GENERAL

INSTRUCTIONS

APPEARANCE

The delivery

of

this

subpoena

to

you by any method

prescribed

by

the

Comrnission's Rules

of

Practice

is

legal service and may subject you

to

a

penalty

imposed by law

for

failure

to comply.

MOTION

TO

LIMIT

OR

QUASH

The

Commission's Rules

of

Mgctice require that any

motion to limit

or

quash this subpoena

be

filed

within

the

earlier

of

IO

days after service

or

the time for

compliance. The original and ten copies

of

the

petition

must

be

filed

with the Secretary

of

the Federal Trade

Commission, accompanied

by

an affidavit

of

service

of

the

document upon counsel listed in Item

9,

and upon

all

other

parties

prescribed by the Rules

of

Practice.

TRAVEL

EXPENSES

The Commission's Rules

of

Practice require

that

fees

and

mileage be paid by the party that

requested

your

appearance. You should

present

your claim

to

counsel

listed

in Item

9

for

payment.

If

you are permanently or

temporarily living somewhere other than

the

address

on

this

subpoena and

it

would require excessive travel

for

you

to

appear, you must get prior approval

from

counsel

listed

in Item

9.

a.

This subpoena

does

not

require

approval

by

OM6

under

the Paperwork Reduction Act

of

1980.

FK

Form

70-8

(rev.

1\97)

SUBPOENA

DUCES

TECUM

ISSUED

ON

BEHALF

OF

COMPLAINT

COUNSEL

IN

UNION

OIL

COMPANY

OF

CALIFORNIA,

INC.

FTC

Docket

No.

9305

A.

SPECIFICATIONS

F&

the period

of

time in which

you

had

any

relationship

with

or performed

any

services

for

UnocaI, organizational charts for your organization as

a

whole

and

organizational

.

chhrts

and personnel directories for each business unit,

group,

division, and affiliated

company

of

your

organization that had

any

consulting or other relationship with,

or

performed services for,

Unocal.

2,

Documents sufficient to identify the name and position

of

each employee that had any

communications with, or performed

any

work for

or

on behalf

of,

Unocal.*

3.

4.

5.

6,

7,

11

All

documents relating

to

any agreement or contract between

your

company and Unocal.

All

documents relating to your

company’s

duties, retention, or

work

for

or

on

behalf

of

Unocal.

All

documents reIating to the Unocal Patents, including

but

not

limited

to

memos, press

releases,

drafts

and

notes.

AlI

documents relating

20

Unocal and

RFG,

including

but

not limited to

memos,

press

releases,

drafts

and notes concerning Unocal

and

WG.

All

documents relating

to

Unocal and

CARB,

including but not limited

to

memos, press

relpases, drafts and

notes.

All

documents relating

to

Unocal and the

EPA,

including but not limited to

memos,

press

releases,

drafts

and notes.

All

documents prepared

by,

or received

from,

Unocal

relating to:

(z)

RFG;

(b)

CARB;

(c)

EYA;

(d) the Unocal Patents;

or

(e) the licensing

of

Unocal intellectual property.

All

documents prepared for, or

sent

to,

Unocal relating to:

(a)

RFG;

(b)

CAIu3;

(c)

EPA;

(dj

the Unocal

Pateas;

or

(e)

the licensing

of

Unocal intellectual property.

All

documents prepared

in

connection with

your

work

with

Unocal relating

to:

(a)

RFG;

(b)

CARB;

(c)

EPA;

(d)

the

Unocal

Patents; or (e)

the

licensing

of

Unocal

intellectual

property.

12.

All

documents relating to

any

communication with

any

Unocal employee, consultant or

agent relating to: (a)

RFG;

(b)

CARl3;

(c)

EPA;

(d)

the

Unocal Patents;

os

(e)

the

licensing

of

Unocal intellectual property.

3.

AU

documents relating to any Unocal licensing agreement relating to the Unocal Patents.

14.

All

documeiits relating

to

any

communication with

any

government

official

relating to

RFG

or the Unocal Patents.

15

All documents relating to

any

policy relating

to

the retention or destruction

of

documents.

16.

All

documents relating to the retention or destruction

of

any

documents called

for

by this

Subpoena, including but not limited

to

any

communications with Unocal and/or anyone

representing Unocal relating to the retention or destruction

of

documents.

B.

INSTRUCTIONS

1

2.

Unless modified

by

agreement with the

staff

of

the Federal Trade Commission, each

specification of

this

Subpoena requires

a

complete search

of

“the company’’

as

defined

in

Paragraph

“A”

of

the

Defmitions below.

Unless otherwise specified, each

of

the specifications calls for documents

and

information dated, generated, received, or

in

effect after January

1,

1988,

This

Subpoena

shall

be deemed continuing

in

nature

so

as

to require production

of

all documents

responsive

to

any

specification included in

this

Subpoena produced or obtained by the

company up to

thirty

calendar days prior to the date

of

the company’s

kll

compliance

with this Subpoena.

If

there are no documents responsive to

any

particular specification,

so

state in

your

response.

3.

If

the company withholds

any

responsive document or

masks

or redacts

any

portion

of

any

responsive document based on a claim of

privilege,

you

must

assert

all

such

claims

of

privilege

or

the

like

on

or before the date set

for

the subpoena return. In’addition,

you

must

provide the Commission with

a

log

describing the privilege claim

and

all facts

supporting the claim (“Privilege Log”).

For

each withheld, masked, or redacted

document, the Privilege

Log

shall list the following:

(a)

author(s);

(b)

date; (c)

addressee(s);

(d)

all

recipients

of

the

original and

any

copies, including

’‘cc:”

and ‘‘bcc:”

reeipients;

(e)

a

description

of

the subject matter;

(0

a description identifying

each

attachment to the document;

(g)

the page length of the document;

(h)

the basis for the

privilege (e.g., attorney-client or work product);

and

(i) for redacted documents, the

document control number. Additionally, for each document withheld under a claim that

it

constitutes or contains attorney

work

product, the Privilege

Log

shall list:

6)

whether

the document was prepared in anticipation

of

litigation or for

trial,

(k)

the related parties,

(1)

case number,

(m)

complaint filing date, and

(n)

court name. For each person listed

as

an

author, addressee or other recipient, state the

full

name, title, and ernpIoyer

or

firm,

denoting

all

attorneys with

an

asterisk. The description

of

the

subject matter shall

describe the nature

of

each document

in

a

manner that, though not revealing information

itself privileged, provides sufficiently detaiIed information to enable

the

Commission

to

assess the applicability

of

the

privilege claimed.

4,

Documents provided

shall

be complete and, unless privileged, unredacted,

and

submitted

as

found in the

company's

files (e.g., documents

that

in

their

original

condition were

stapled, clipped or otherwise fastened together

shall

be produced

in

such

form).

Those

documents written

in

a

language other than

English

are

to

be translated into English;

submit the foreign language document, with the English translation attached thereto.

5.

In

lieu

of

original hard-copy documents

or

electronically stored documents, the company

may

submit legible copies. However,

if

the

coloring

of

any document communicates any

substantive information, the company must submit

the

original

document

or

a

like-

colored photocopy. The company may submit photocopies (with color photocopies

where necessary

to

interpret the document), in lieu

of

original documents, provided that

such copies are accompanied by

an

affidavit

of

an

officer

of

the company stating that

the

copjes are true, correct

and

complete copies

of

the

original

documents.

6.

For specifications marked with

an

asterisk

(*),

the

company

may

submit

either responsive

documents

or

an

affidavit executed by

an

officer

of

the

company

that contains the

requested information,

as

well

as

the

specific source(s)

of

the information.

7,

Mark

each page

with

corporate identification and consecutive document control numbers,

Number

each

box and

mark

each box

with

the name(s)

of

the person(s) whose files are

contained

in

that

box.

Documents shall be submitted

in

sturdy cartons

and

not larger

than

1.5

cubic feet.

8.

Responsive docummts from

each

person's

files shall be produced together,

in

file

folders

or

with other enclosures that segregate the person's fdes by specification number.

If

a

document

is

responsive to

more

than

one

specification,

produce

the document

in

response

to the specification to which

it

is

primarily responsive.

9,

The

official

of

your

company responsible for preparing the subpoena return

shall

appear

with the 'documents

on

the return date. However,

you

may comply with

this

subpoena by

making

full

return

of

all

documents or exhibits specified

in

the

subpoena to complaint

counsel

at

the following

address:

John

Roberti, Federal Trade Commission,

601

New

JerSey

Avenue,

N.W.,

Room

6221,

Washington,

DC

20580,

C.

DEFINITIONS

A

The terms “you,”

”your,”

and

”your

company” refer to The

PBN

Company andor the

entity identified in

box

number

1

on

the front page

of

this

Subpoena,

its

domestic

and

foreign parents, predecessors, successors, divisions, subsidiaries, affiliates, partnerships

and

joint ventures,

and

the directors, officers, trustees, employees, attorneys, agents,

consultants and representatives of the foregoing.

B.

The term “relating to” means,

in

whole or

in

part:

addressing, analyzing, concerning,

constituting, containing, commenting on, discussing, describing, identifying, referring

to,

reflecting, reporting

on,

stating, dealing with, or

in

any

way pertaining

to.

C,

The term “document”

means

the complete original or a

true,

correct and complete copy

of

any

non-identical copies

of

any

written or graphic matter,

no

matter

how

produced,

recorded, stored or reproduced, including,

but

not limited to,

any

writing, letter, envelope,

telegram, meeting minute, memorandum, statement, affidavit, declaration, book, record,

survey, map, study, handwritten note, working paper, chart, index tabulation, graph, tape,

data sheet, data processing card, printout, microfilm, index, computer readable media or

other electronically stored data, appointment

book,

diary, diary entry, calendar, desk pad,

telqphone message slip. note

of

interview

or

communication or any other data

compilation

in

your possession, custody or control, including

all

drafts

of

such

documents. “Document”

also

includes

every

writing, drawing,

graph,

chart, photograph,

phono

record,

tape

and

other data compilations

from

which

infomation

can

be

obtained,

translated, if necessary, by

you

through detection devices into reasonably usable

form,

and

includes all

drafts

and all copies

of

every such writing or record that

contain

any

commentary, notes

or

marking whatsoever not appearing

on

the

original.

D. The use

of

the

singular

shall

be deemed

to

include the plural

and

vice versa.

The

terms

“and”

and

“of’

shall be interpreted liberally

as

conjunctive, disjunctive or both,

depending

on

the context,

so

as

to

have

their

broadest meaning. Whenever necessary

to

bring within

the

scope

of

a

request

dl

the documents that might otherwise

be

construed

to

be

outside

its

scope, the use

of

a

verb in any tense shall be construed

as

the use of the

verb

in

all

other tenses.

The

term

”all”

includes

any

and

vice versa.

E,

The

term

“documents

sufficient

to

show”

means

documents that

are

necessary

and

sufficient

to

provide

the

specified information.

F.

The

term

“communication” means

any

exchange, transfer,

or

dissemination

of

information, regardless

of

the means

by

which it

is

accomplished.

’

G.

The term “Unocal” means

Union

Oil

Company

of

California,

Inc., Unocal Corporation,

their domes tiend foreign parents, predecessors, successors, divisions, and wholly

&.

partially owned subsidiaries, affiliates, partnerships and joint ventures,

and

all

directors,

officers, employees, consultants, agents

and

representatives

of

the foregoing.

H.

The term

“RFG’

means

reformulated gasoline including,

but

not limited to: (a)

CARB

Phase

II

Reformulated Gasoline;

(b)

all

other Phase

II

RFG,

including

EPA

Phase

II

RFG;

and

(c) reformulated gasoline that complies with

any

CARB

or

EPA

regulations

(including Phase

I

and Phase

III

regulations).

This

term

also

encompasses

all

technologies and technical features related to

any

RFG

that complies

with

CARB

or

EPA

regulations.

I.

The term

“Unocal

Patents”

means

any

patent, patent application, continuation application

or

divisiond application relating

to

RFG.

This

term specifically includes,

but

is

not

limited to, United States Patent

Nos.:

(a)

5,288,393;

(b)

5,593,567;

(c)

5,653,866;

(d)

5,837,126;

and

(e)

6,030,521.

3.

The term

“CARB”

means the California

Air

Resources Board, its predecessors,

successors, parents

or

affiliates; including the Board,

its

Commissioners, Executive

Officers, officers, committees, ad-hoc comkttees, task forces, working

groups,

agents,

staff, or employees.

K.

The

term

“EPA”

means

the United States Environmental Protection Agency, its

predecessors, successors, parents or affrliates, including

its

Administrator,

Boards,

Commissions, officers, committees, ad-hoc committees,

task

forces,

working

groups,

agents,

staff,

or employees.