Leader Technologies Inc. v. Facebook Inc.

Filing 177

Letter to The Honorable Joseph J. Farnan, Jr. from Steven L. Caponi, counsel for Defendant Facebook, Inc. regarding Order of December 3, 2009 requiring parties to submit proposals regarding representative claims - re Oral Order, 176 Letter. (Attachments: # 1 Exhibit Email string between the parties re claims)(Caponi, Steven)

Page 1 of 3

Clark, Patti
From:

Hannah, James [[e-mail]]

Sent:

Thursday, December 03, 2009 9:17 PM

To:

Keefe, Heidi; Andre, Paul

Cc:

Caponi, Steven L.; 'Stackel, Mary Ellen'; Weinstein, Mark; Clark, Patti; Norberg, Jeffrey; Preston,
Thomas; 'Rovner, Philip A.'; Kobialka, Lisa; Kastens, Kristopher; Keyes, Melissa

Subject: RE: Farnan Order 12/3
Heidi,
We disagree with your characterizations. Accordingly, we will file our proposal with the Court tomorrow.
James

From: Keefe, Heidi [mailto:[e-mail]]
Sent: Thursday, December 03, 2009 3:40 PM
To: Hannah, James; Andre, Paul
Cc: 'Steven Caponi'; 'Stackel, Mary Ellen'; Weinstein, Mark; 'Patti Clark'; Norberg, Jeffrey; 'Thomas
Preston'; 'Rovner, Philip A.'; Kobialka, Lisa; Kastens, Kristopher; Keyes, Melissa
Subject: RE: Farnan Order 12/3
James and Paul:
We think Judge Farnan's order is very clear and asks us to try to come to an agreed representative set of
claims. He does not put a limitation on it in any way, and does not allow for a reservation of rights.
Again, we propose 2 independent and 4 dependent claims (for a total of 6) as being more than sufficient for
the case, and should allow us to greatly reduce the number of terms which require construction.
Since you are the plaintiff, please tell us which claims you are choosing to see if we can at least agree on
this portion of what the judge asked us to do. As we have to respond to the Court by 9am California time
tomorrow morning, please let us know your selections no later than 6pm tonight. We will then review and
get back to you as soon as possible.
Heidi

From: Hannah, James [mailto:[e-mail]]
Sent: Thursday, December 03, 2009 3:06 PM
To: Keefe, Heidi; Andre, Paul
Cc: 'Steven Caponi'; 'Stackel, Mary Ellen'; Weinstein, Mark; 'Patti Clark'; Norberg, Jeffrey; 'Thomas
Preston'; 'Rovner, Philip A.'; Kobialka, Lisa; Kastens, Kristopher; Keyes, Melissa
Subject: RE: Farnan Order 12/3
Heidi,
Paul is out of the office and ask me to respond on his behalf. I also spoke with Jeff about this issue a few
moments ago. To reiterate, Leader's position has not changed. Leader is willing to select a set of
representative claims for claim construction. Leader is also willing to limit the amount of claim terms to a
reasonable number, such as 10 terms. However, Leader is not willing to limit the number of asserted
claims for trial at this time.

12/4/2009

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Please let me know if you have any questions.
James

From: Keefe, Heidi [mailto:[e-mail]]
Sent: Thursday, December 03, 2009 2:26 PM
To: Andre, Paul; Hannah, James
Cc: 'Steven Caponi'; 'Stackel, Mary Ellen'; Weinstein, Mark; 'Patti Clark'; Norberg, Jeffrey; 'Thomas
Preston'; 'Rovner, Philip A.'; Kobialka, Lisa; Kastens, Kristopher; Keyes, Melissa
Subject: Farnan Order 12/3
Dear Paul:
As you are no doubt aware, this morning Judge Farnan ordered the parties to agree to a set of
representative claims, or if we can't agree, to submit our proposals by tomorrow morning.
We think it would be in the interests of both parties to come to an agreement on representative
claims so as to avoid further court involvement on this issue. Accordingly, as we have done before,
Facebook proposes that LTI select two independent claims, and four dependent claims (i.e., two
from each independent claim), from the '761 patent. We believe this number will greatly streamline
the claim construction and other remaining proceedings in this case.
Please call me this afternoon so we can discuss before tomorrow's deadline.
Heidi
Heidi Keefe
Cooley Godward Kronish LLP • Five Palo Alto Square
3000 El Camino Real • Palo Alto, CA 94306-2155
Direct: [phone] • Fax: [phone]
Email: [e-mail] • www.cooley.com

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taxpayer for the purpose of avoiding tax penalties under the Internal Revenue Code or (ii) for promoting, marketing or recommending to
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12/4/2009