Motorola Mobility, Inc. v. Microsoft Corporation

Filing 129

MOTION in Limine Nos. 1-9 and Brief in Support Thereof by Motorola Mobility, Inc.. (Attachments: #1 Affidavit, #2 Exhibit A to Affidavit in Support, #3 Exhibit B to Affidavit in Support, #4 Exhibit C to Affidavit in Support, #5 Exhibit D to Affidavit in Support, #6 Exhibit E to Affidavit in Support, #7 Exhibit F to Affidavit in Support, #8 Exhibit G to Affidavit in Support, #9 Exhibit H to Affidavit in Support, #10 Exhibit I to Affidavit in Support, #11 Exhibit J to Affidavit in Support, #12 Exhibit K to Affidavit in Support, #13 Exhibit L to Affidavit in Support, #14 Exhibit M to Affidavit in Support)(Mullins, Edward)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 1:10-24063-CIV-MORENO
MOTOROLA MOBILITY, INC.,
Plaintiff / Counterclaim Defendant,
v.
MICROSOFT CORPORATION,
Defendant / Counterclaim Plaintiff.

/

DECLARATION OF R. ANDREW SCHWENTKER IN SUPPORT OF
MOTOROLA MOBILITY, INC.’S MOTIONS IN LIMINE

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1.

I am an attorney at the law firm of Ropes & Gray LLP, counsel to Motorola

Mobility, Inc. (“Motorola”), Plaintiff and Counterclaim-Defendant in this action, and am a member
in good standing of the bars of the State of New York and the District of Columbia.
2.

I submit this declaration in support of Motorola Mobility, Inc.’s Motions in Limine. I

have personal knowledge of the statements made in this declaration.
3.

Attached as Exhibit A is a true and correct copy of e-mail correspondence between

counsel for Motorola and counsel for Microsoft Corporation on and between the dates of May 6,
2011 and July 7, 2011.
4.

I have been informed that Microsoft has deposed fourteen current Motorola

employees.
5.

Attached as Exhibit B is a true and correct copy of Motorola’s Updated Proposed

Claim Constructions for the Patents-in-Suit, dated June 3, 2011.
6.

Attached as Exhibit C is a true and correct copy of Defendant Microsoft

Corporation’s Disclosure of Proposed Claim Constructions, dated June 3, 2011.
7.

Attached as Exhibit D is a true and correct copy of selected pages from Motorola

Mobility, Inc.’s First Set of Interrogatories (Nos. 1-15) to Defendant Microsoft Corporation, dated
January 21, 2011.
8.

Attached as Exhibit E is a true and correct copy of Defendant/Counter-Claimant

Microsoft Corporation’s Preliminary Infringement Contentions, dated April 15, 2011 (“Microsoft’s
Infringement Contentions”).
9.

Attached as Exhibit F is a true and correct copy of Microsoft’s infringement

contentions for U.S. Patent No. 6,791,536, served with Microsoft’s Infringement Contentions on
April 15, 2011.

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10.

Attached as Exhibit G is a true and correct copy of Microsoft’s infringement

contentions for U.S. Patent No. 6,897,853, served with Microsoft’s Infringement Contentions on
April 15, 2011.
11.

Attached as Exhibit H is a true and correct copy of Microsoft’s infringement

contentions for U.S. Patent No. 7,024,214, served with Microsoft’s Infringement Contentions on
April 15, 2011.
12.

Attached as Exhibit I is a true and correct copy of Microsoft’s infringement

contentions for U.S. Patent No. 7,493,130, served with Microsoft’s Infringement Contentions on
April 15, 2011.
13.

Attached as Exhibit J is a true and correct copy of Microsoft’s infringement

contentions for U.S. Patent No. 7,383,460, served with Microsoft’s Infringement Contentions on
April 15, 2011.
14.

Attached as Exhibit K is a true and correct copy of Microsoft’s infringement

contentions for U.S. Patent No. 6,897,904, served with Microsoft’s Infringement Contentions on
April 15, 2011.
15.

Attached as Exhibit L is a true and correct copy of Microsoft’s infringement

contentions for U.S. Patent No. 6,785,901, served with Microsoft’s Infringement Contentions on
April 15, 2011.
16.

Attached as Exhibit M is a true and correct copy of selected pages from Defendant

Microsoft Corporation’s Supplemental Objections and Responses to Plaintiff Motorola Mobility,
Inc.’s First Set of Interrogatories (Nos. 4-6, 9-10 and 15), dated April 28, 2011.
17.

I have been informed that Motorola made the source code for all but one of the

accused products available for Microsoft’s inspection by May 18, 2011 (source code for certain
products was available prior to that date). I have also been informed that the source code for the

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