Motorola Mobility, Inc. v. Microsoft Corporation

Filing 190

MOTION for Specially Set Trial Date by Microsoft Corporation. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Text of Proposed Order)(Miner, Curtis)

Exhibit B

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.l:10-CIV-24063-MORENO

MOTOROLA MOBILITY, INC.,
Plaintiff,
vs.
MICROSOFT CORPORATION,
Defendant.

)
)
)
)
) JURY TRIAL DEMANDED
)
)
)
)
)

----------------------------~)
RULE 26(a)(1) SECOND AMENDED AND UPDATED DISCLOSURES OF
MICROSOFT CORPORATION
Defendant Microsoft Corporation ("Microsoft") provides the following amended and
updated disclosures pursuant to Rule 26(a)(1). Microsoft submits these disclosures based on its
present state of knowledge and belief based on information now reasonably available to
Microsoft. Discovery or other investigations in the future may reveal or disclose additional
information. Microsoft expressly reserves the right to supplement and/or modify the disclosures
under Rule 26( e) either formally or informally through the normal course of discovery (e.g., by
producing documents, responding to interrogatories, or producing witnesses at depositions).
I.

Individuals Likely to Have Discoverable Information that Microsoft May Use to
Support Its Claims or Defenses.
Based on the allegations presented in Motorola Mobility, Inc.'s ("Motorola") Complaint and

the current status of Microsoft's investigation, Microsoft believes that the following individuals are
likely to have discoverable information that Microsoft may use to support its claims or defenses in
this action. Microsoft anticipates that other individuals currently unknown may also have

discoverable information and specifically reserves the right to identify additional witnesses as
discovery proceeds.
In the following tables, Microsoft provides the last known address and telephone number for
each former employee for which it has located such information. All communications with
Microsoft's current employees should be made only through counsel for Microsoft in this action. In
addition, because Microsoft's former employees may be in possession of attorney-client privileged
information and/or attorney work product and may be represented by counsel, Motorola should
contact the undersigned counsel before attempting to communicate directly with any of Microsoft's
former employees.
This disclosure is submitted with the understanding and belief that, at all times, a variance
may exist in the level of knowledge and information held by potential witnesses identified for a
subject matter area. It also may be learned, as discovery proceeds and issues in this action unfold,
that one or more individuals may be more knowledgeable about relevant facts and issues than other
individuals. For example, Microsoft expects to identify individuals potentially having knowledge of
prior art patents, uses, publications, inventions, or other activities, and will supplement this
disclosure as appropriate. By indicating the general subject matters as to which Microsoft now
believes that a given individual may be knowledgeable, Microsoft is in no way limiting its right to
call that individual to testify at trial or at deposition concerning other subjects.
In addition to the individuals identified below, Microsoft incorporates by reference any other
individual who is identified in Motorola's Rule 26(a) disclosures or is deposed.

2

Name

SJlbje~ts; qfLilf~J¥~iQis~o~~ra6Ie

Address 1Telephone No.
.

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.

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••

Michael Bamea

Willowdale, Ontario
Canada
(telephone unknown)

Senaka Balasuriya

63 West Fountainhead Dr.
#209 Westmont, IL 60067
(telephone unknown)

Charles Edward
Batey, Jr.

7182 Charleston Point Dr.
Lake Worth, FL 33467
(telephone unknown)

R. Louis Breeden

Motorola, Inc.
Intellectual Property Dept
5401 North Beach Street,
MS E230
Fort Worth, TX 76137
[phone]
Motorola, Inc.
1303 East Algonquin Road
Schaumburg, IL 60196
[phone]
11870 SE 4th PI. #1002
Bellevue, W A 98005
[phone]
Motorola, Inc.
Law Department
600 North US Highway 4
5 Libertyville, IL 60048
[phone]
Motorola, Inc.
Intellectual Property
Department
1303 East Algonquin Road
Schaumburg, IL 60196
[phone]

Kevin A. Buford

Susanne Alysia
Clark Cazzanti
(former employee)
Sylvia Chen

Daniel C. Crilly

3

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Prior art, alleged conception and alleged
reduction to practice of, prosecution of,
alleged ownership of, and products, if any,
allegedly embodying U.S. Patent No.
5,502,839; Motorola's business and
products.
Prior art, alleged conception and alleged
reduction to practice of, prosecution of,
alleged ownership of, and products, if any,
allegedly embodying U.S. Patent No.
6,757,544; Motorola's business and
products.
Prior art, alleged conception and alleged
reduction to practice of, prosecution of,
alleged ownership of, and products, if any,
allegedly embodying U.S. Patent No.
5,784,001; Motorola's business and
products.
Prosecution of U.S. Patent No. 6,272,333.

Prosecution of U.S. Patent No. 5,764,899.

Conception and reduction to practice of
U.S. Patent No. 6,897,853.
Prosecution of U.S. Patent No. 6,983,370.

Prosecution of U.S. Patent No. 6,408,176.

Address, Telephone ~o.

Name

iliiSitbjectsof I;JlielyJ)is4.loyetpable
", ':

""II''''
,/1

Ryan Edward
Cukierman (former
employee)
Walter L. Davis

Joan Deluca

Randi L Dulaney

Eric Thomas Eaton

,:"

"",:

16149 Redmond Way
PMB #237
Redmond, W A 98052
[phone]
7580 East Farm, Road
182 Rogersville, MO 65742
(telephone unknown)
550 S.W. 6th Avenue
Boca Raton, FL 33486
(telephone unknown)

Motorola, Inc. Intellectual
Property Section Law
Department 8000 West
Sunrise Blvd Ft.
Lauderdale, FL 33322
[phone]
3198 Medinah Circle
Lake Worth, FL 33467
(telephone unknown)

Gene Eggleston

1303 Mink Trail
Cary, IL 60013
(telephone unknown)

John Friend

275 Galli Drive
Los Altos, CA 94022
[phone]

Kelly A. Gardner

Motorola, Inc.
Intellectual Property
Department
1500 Gateway Boulevard
Boynton Beach, FL 33426
[phone]

4

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Informafion.

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Conception and reduction to practice of
U.S. Patent No. 6,897,853.

Prior art to U.S. Patent No. 6,272,333.

Prior art, alleged conception and alleged
reduction to practice of, prosecution of,
alleged ownership of, and products, if any,
allegedly embodying U.S. Patent No.
5,784,001; Motorola's business and
products.
Prosecution of U.S. Patent No. 6,983,370.

Prior art, alleged conception and alleged
reduction to practice of, prosecution of,
alleged ownership of, and products, if any,
allegedly embodying U.S. Patent No.
6,983,370; Motorola's business and
products.
Prior art, alleged conception and alleged
reduction to practice of, prosecution of,
alleged ownership of, and products, if any,
allegedly embodying U.S. Patent No.
5,764,899; Motorola's business and
products.
Prior art, prosecution of U.S. Patent No.
5,764,899.
Prosecution of U.S. Patent No. 5,784,00l.

Name

Address, Tel~phoneNo.
,:'

/

......

Subj~cts of~ikdy])isco'Ve91ble

.
..

.~nformation.

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. :>: ..::
>.,
Prior art to U.S. Patent No. 6,272,333.

::: .\

Gary W. Grube

2 Ridgecroft Lane
Barrington, IL 60010
(telephone unknown)

Mitch Hansen

241 Foxmoor
Fox River Grove, IL 60021
(telephone unknown)

David Jeffery
Hayes

7544 Wentworth Drive
Lake Worth, FL 33467
(telephone unknown)

Steven Horowitz
(former employee)

1898 Robles Ranch Rd
Los Altos, CA 94024
[phone]

Terri S. Hughes

Motorola, Inc.
1303 East Algonquin Road
Schaumburg, IL 60196
[phone]
2244 W LK Sammamish
PkwyNE
Redmond, Washington,
98052
[phone]
Motorola, Inc.
Intellectual Property
Department 1303 East
Algonquin Road
Schaumburg, IL 60196
[phone]
One Microsoft Way,
Redmond, WA 98052,
[phone]

Prosecution of U.S. Patent No. 5,764,899.

One Microsoft Way,
Redmond, WA 98052,
[phone]

Conception and reduction to practice of
U.S. Patent Nos. 6,791,536 and 6,897,853.

Marieke Iwema
(Watson) (former
employee)

Jeffrey K. Jacobs

Ro bert Jarrett

David F. Jones

5

Prior art, alleged conception and alleged
reduction to practice of, prosecution of,
alleged ownership of, and products, if any,
allegedly embodying U.S. Patent No.
5,764,899; Motorola's business and
products.
Prior art, alleged conception and alleged
reduction to practice of, prosecution of,
alleged ownership of, and products, if any,
allegedly embodying U.S. Patent No.
6,983,370; Motorola's business and
products.
Conception and reduction to practice of
U.S. Patent No. 6,785,901.

Conception and reduction to practice of
U.S. Patent No. 6,897,853.

Prosecution of U.S. Patent No. 6,408,176.

Conception and reduction to practice of
U.S. Patent No. 6,897,853.

..

Name

Address,~~lephoneN,oi

'.'

~:Ubje~~sofLi~~IyDis.~verable· . :
:;::<:::lnforniation.~
.•...

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<:.\:.1

:

Leroy Keely
(former employee)

Frank C. Kolnick

210 Gabarda Way
Protola Valley, California,
94028
[phone]
33 Nymark Avenue,
Willowdale, Ontario
Canada M2J 2G8
(telephone unknown)

Douglas Kraul

7 Hovey Street
Gloucester, MA 01930
(telephone unknown)

David Ladd

5905 Springside
Downers Grove, IL 60516
(telephone unknown)

Shawn Domenic
Loveland

One Microsoft Way,
Redmond, WA 98052,
[phone]

Charlton E. Lui
(former employee)

13700 Marina Pointe Dr.
Suite 1423
Marina Del Ray, California,
90292
(telephone unknown)
ObIon, Spivak, McClelland,
Maier & Neustadt, LLP
1940 Duke Street
Alexandria, VA 22314
[phone]

Scott A McKeown

6

Conception and reduction to practice of
U.S. Patent Nos. 6,791,536 and 6,897,853.

Prior art, alleged conception and alleged
reduction to practice of, prosecution of,
alleged ownership of, and products, if any,
allegedly embodying U.S. Patent No.
5,502,839; Motorola's business and
products.
Prior art, alleged conception and alleged
reduction to practice of, prosecution of,
alleged ownership of, and products, if any,
allegedly embodying U.S. Patent No.
5,784,001; Motorola's business and
products; prior art to U.S. Patent No.
6,272,333.
Prior art, alleged conception and alleged
reduction to practice of, prosecution of,
alleged ownership of, and products, if any,
allegedly embodying U.S. Patent No.
6,757,544; Motorola's business and
products.
Conception and reduction to practice of
U.S. Patent Nos. 7,024,214 and 7,493,130.
Conception and reduction to practice of
U.S. Patent No. 6,897,853.

Prosecution of U.S. Patent No. 5,764,899.

Name

\:Addr~~~~ r~leplioite N()i

"SuM~tts'

,,!,\:'t: ':

,"

Jonathan P. Meyer

Von Alan Mock

':

Motorola, Inc.
Intellectual Property
Department
1303 East Algonquin Road
Schaumburg, IL 60196
(telephone unknown)
8114 Rose Marie Circle
Boynton Beach, FL 33437
(telephone unknown)

Motorola, Inc

Motorola, Inc.
1303 East Algonquin Road
Schaumburg, IL 60196
(telephone unknown)

Motorola, Inc.

Motorola, Inc.
Intellectual Property
Department 1500 Gateway
Boulevard Boynton Beach,
FL 33426
(telephone unknown)
Motorola, Inc.
Intellectual Property
Dept 5401 North Beach
Street, MS E230 Fort
Worth, TX 76137
(telephone unknown)
Motorola, Inc.
Law Department
600 North US Highway 45
Libertyville, IL 60048
(telephone unknown)
4250 East Camelback Road,
Suite 300K
Phoenix, AZ 85018
(telephone unknown)
Motorola, Inc.
Intellectual Property
Department P.O. Box 10219
Scottsdale, AZ 85271
[phone]

Motorola, Inc.

Motorola, Inc.

Motorola Inc.,
Microcomputer
Division
Harold C. McGurk
IV

0'

LtKely'])is~overable

'Jnfonnatloh.

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Prosecution of U.S. Patent No. 5,764,899
and 6,408,176.

Prior art, alleged conception and alleged
reduction to practice of, prosecution of,
alleged ownership of, and products, if any,
allegedly embodying U.S. Patent No.
6,983,370; Motorola's business and
products.
Prosecution of U.S. Patent Nos. 5,502,839,
5,764,899 and 6,408,176.

Prosecution of U.S. Patent No. 5,784,001.

Prosecution of U.S. Patent No. 6,272,333.

Prosecution of U.S. Patent Nos. 6,757,544
and 6,983,370.

Prosecution of U.S. Patent No. 5,502,839.

Prosecution of U.S. Patent No. 5,502,839.

Name

Eric Nelson

One Microsoft Way,
Redmond, WA 98052,
[phone]

Conception and reduction to practice of
U.S. Patent No. 7,383,460.
'

Walter W. Nielsen

Motorola Inc.,
Microcomputer Division
4250 East Camelback Road,
Suite 300K
Phoenix, AZ 85018
[phone]
1940 Duke Street
Alexandria, VA 22314
(703)-413-3000

Prior art, alleged conception and alleged
reduction to practice of, prosecution of,
alleged ownership of, and products, if any,
allegedly embodying U.S. Patent No.
5,502,839; Motorola's business and
products.
Prosecution of U.S. Patent No. 5,764,899.

S. Kevin Pickens

Motorola, Inc.
Intellectual Property
Department
P.O. Box 10219
Scottsdale, AZ 85271
(602) 441 -4207

Prosecution of U.S. Patent No. 5,502,839.

Peter Potrebic
(former employee)

378 Kortum Canyon
Calistoga, California, 94515
[phone]

Conception and reduction to practice of
U.S. Patent No. 6,897,904.

Jayanthi Rangarajan

222 E Pearson St.
Chicago, IL 60611
(telephone unknown)

Vincent J. Rauner

Motorola Inc.,
Microcomputer Division
4250 East Camelback Road,
Suite 300K
Phoenix, AZ 85018
(telephone unknown)
702 Silk Oak Lane
Crystal Lake, IL 60014
(telephone unknown)

Prior art, alleged conception and alleged
reduction to practice of, prosecution of,
alleged ownership of, and products, if any,
allegedly embodying U.S. Patent No.
6,757,544; Motorola's business and
products.
Prosecution of U.S. Patent No. 5,502,839.

ObIon, Spivak,
McClelland, Maier
& Neustadt, LLP

Anthony Rzany

8

Prior art, alleged conception and alleged
reduction to practice of, prosecution of,
alleged ownership of, and products, if any,
allegedly embodying U.S. Patent No.
5,764,899; Motorola's business and
products.

Name

Anthony J. Sarli, Jr.

Address; Telephone N6.'

"""~i~'

Sllbjects ofLikely;lii~eoverable
Jnf()rmation.
~

""

""

""

Motorola, Inc.
1303 East Algonquin Road
Schaumburg, IL 60196
[phone]
One Microsoft Way,
Redmond, WA 98052,
[phone]

Prosecution of U.S. Patent No. 5,764,899.

Dwight Randall
Smith

2132 Brownstone Court
Grapevine, TX 76051
(telephone unknown)

Geoffrey Smith
(former employee)

572 Franklin St.
Mountain View, California,
94041
[phone]
1828A 25 tn Ave.
Seattle, Washington, 98122
(telephone unknown)

Prior art, alleged conception and alleged
reduction to practice of, prosecution of,
alleged ownership of, and products, if any,
allegedly embodying U.S. Patent No.
6,272,333; Motorola's business and
products.
Conception and reduction to practice of
U.S. Patent No. 6,897,904.

Bruce J. Sherwin,
Jr.

David Switzer
(former employee)

Conception and reduction to practice of
U.S. Patent No. 7,383,460.

Conception and reduction to practice of
U.S. Patent No. 6,791,536.

Michael Hincheung Tsang
(former employee)

15818 SE45 tn pl.
Bellevue, W A 98006
[phone]

Conception and reduction to practice of
U.S. Patent No. 6,791,536.

Curtis Tuckey

1217 W. Arthur Ave
Chicago, IL 60626
(telephone unknown)

Kamala D. Urs

861 Tallgrass Drive
Bartlett, IL 60103
(telephone unknown)

Randall S. Vaas

Motorola, Inc.
Law Department
600 North US Highway 45
Libertyville, IL 60048
[phone]

Prior art, alleged conception and alleged
reduction to practice of, prosecution of,
alleged ownership of, and products, if any,
allegedly embodying U.S. Patent No.
6,757,544; Motorola's business and
products.
Prior art, alleged conception and alleged
reduction to practice of, prosecution of,
alleged ownership of, and products, if any,
allegedly embodying U.S. Patent No.
6,408,176; Motorola's business and
products.
Prosecution of U.S. Patent No. 6,757,544.

9

William Hong
Vong

One Microsoft Way,
Redmond, WA 98052,
[phone]

Conception and reduction to practice of
U.S. Patent No. 6,791,536.

Hisashi D.
Watanabe

Motorola, Inc.
Law Department
600 North US Highway 45
Libertyville, IL 60048
[phone]
Toronto, Ontario
Canada M6K lA9
(telephone unknown)

Prosecution of U.S. Patent Nos. 5,764,899
and 6,757,544.

Bernhard P.
Weisshaar

J. RayWood

Jeff Yaksick
(former employee)

Michael Zazzara

Motorola, Inc.
1303 East Algonquin Road
Schaumburg, IL 60196
[phone]
434 Bayview Ave
Sunnyvale, California,
94085
[phone]
Motorola, Inc.
IP Law Department
1500 Gateway Boulevard
Boynton Beach, FL 33426
[phone]

Prior art, alleged conception and alleged
reduction to practice of, prosecution of,
alleged ownership of, and products, if any,
allegedly embodying U.S. Patent No.
5,502,839; Motorola's business and
products.
Prosecution of U.S. Patent No. 5,764,899.

Conception and reduction to practice of
U.S. Patent No. 6,785,901.

Prosecution of U.S. Patent No. 5,784,001.

In addition, Microsoft believes that the following additional individuals are likely to have
discoverable information that Microsoft may use to support its claims or defenses in this action:

Name

Rob Aldinger

Fil Alleva

Address, Telephon~ No..
One Microsoft Way
Redmond, W A 98052
[phone]
One Microsoft Way
Redmond, WA 98052
[phone]

Subjects.ofLiIiel~ Disc~vera~]eInf~pliati()n~

Technical aspects of Windows Phone 7 and
Silverlight Mobile.
Technical aspects of Microsoft's speech engine.

10

Na.m. e

Addres~tTeIephoDe

No ..•

·Subje~ts'iofLikeIYDlScove..al)le~Dfarihat!()D.···
./

Marcus Ash

Carl W. Bell

Joe Binz

Greg Bolles

Carl Brandt

Neil Briskman

Todd Brix

Glen Copping

Adam Czeisler

Adrian Dragomir

Stephanie
Ferguson
Abolade
Gbadegesin
Sam George

,...

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..,.,. >
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,,'"

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One Microsoft Way
Technical aspects of Bing Maps on Windows
Phone 7.
Redmond, WA 98052
[phone]
Prior art to U.S. Patent No. 5,764,899.
Baylor University
One Bear Place #97148
Waco, Texas 76798
One Microsoft Way
Financial reporting of Exchange, Exchange
ActiveSync, Lync and Unified Messaging.
Redmond, W A 98052
[phone]
One Microsoft Way
Technical aspects of Exchange and Exchange
ActiveSync.
Redmond, WA 98052
[phone]
One Microsoft Way
Licenses to the Microsoft patents in suit.
Redmond, WA 98052
[phone]
Pricing of Motorola smartphones and mobile
Motorola, Inc.
600 North US Highway 4 devices.
5 Libertyville, IL 60048
[phone]
Marketing, sales, and product management of
One Microsoft Way
Redmond, WA 98052
Windows Marketplace.
[phone]
One Microsoft Way
Redmond, WA 98052
[phone]
One Microsoft Way
Redmond, W A 98052
[phone]
One Microsoft Way
Redmond, WA 98052
[phone]
One Microsoft Way
Redmond, WA 98052
[phone]
One Microsoft Way
Redmond, W A 98052
[phone]
One Microsoft Way
Redmond, WA 98052
[phone]

Financial reporting of Windows Mobile, which
includes Windows Mobile 6.5 and Windows
Phone 7.
Technical aspects of Windows Live Messenger.

Technical aspects of Microsoft's implementation
of the' 214 and '130 patents issued to Shawn
Domenic Loveland.
Business planning and product management of
Windows Phone 7.
Technical aspects of Windows Marketplace.

Technical aspects of Windows Presentation
Foundation and Silverlight.

11

Name

Address;lelephone NQ!

h,. .
".

Anuj Gosalia

Kirk Gregerson

Kathryn Griffith

Amit Gupta

Ed Hott

Harish Jayanti

Kevin Keith

Z.K. Kong

Aidan Marcuss

Chris Matson

Dharmesh Mehta

John Mulgrew

Tanya Moore

".

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Subj~~ts of Lik~lyDiseov~nlble lhf~I',D}.~tiQn.
;':.

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One Microsoft Way
Redmond, WA 98052
[phone]
One Microsoft Way
Redmond, W A 98052
[phone]
Price Waterhouse
Coopers
1420 Fifth Avenue
Suite 1900
Seattle, WA 98101
One Microsoft Way
Redmond, WA 98052
[phone]
One Microsoft Way
Redmond, W A 98052
[phone]
One Microsoft Way
Redmond, WA 98052
[phone]
One Microsoft Way
Redmond, W A 98052
[phone]
One Microsoft Way
Redmond, WA 98052
[phone]
One Microsoft Way
Redmond, W A 98052
[phone]
One Microsoft Way
Redmond, WA 98052
[phone]
One Microsoft Way
Redmond, W A 98052
[phone]
One Microsoft Way
Redmond, W A 98052
[phone]
One Microsoft Way
Redmond, W A 98052
[phone]

··· ... ·,.,.i

'.

. i.. ,i ii .... : ..

.

Technical aspects of Direct2D.

Marketing, sales and product management of
Lync and Unified Messaging.
Financial information relating to the Microsoft
accused products.

Technical aspects of Lync.

Discussions and negotiations with third parties
regarding licensing and implementation of the
Microsoft Exchange protocol.
Technical aspects of Bing Maps.

Windows Mobile marketing

Technical aspects of Exchange.

Marketing, sales, and product management of
Windows 7.
Windows Phone 7 and Windows Mobile 6.5
OEM agreements.
Marketing of Windows Live Messenger.

Licenses to the Microsoft patents in suit.

Licenses to the Microsoft patents in suit.

12

:

Address, T~Jepfione No. '. ~uJ>jects o~tiKelyJjis~pver~blelnformation.

Name

"Ii

'.

Julia White

Michael Wilson

Liangxiao Zhu

y

One Microsoft Way
Redmond, W A 98052
[phone]
One Microsoft Way
Redmond, W A 98052
[phone]
One Microsoft Way
Redmond, W A 98052
[phone]

iii~

..c.':

.

,

Marketing, sales, and product management of
Exchange and Exchange ActiveSync.
Technical aspects of Exchange relating to
Unified Messaging.
Technical Aspects of Windows Phone 7.

Other individuals not specifically known to Microsoft at this time may possess relevant
information, particularly information related to the non-infringement, unenforceability and/or
invalidity of the Motorola patents-in-suit and the infringement of the Microsoft patents-in-suit.
Such individuals may include, but are not limited to: (a) authors of prior art publications and
patents relevant to the subject matter ofthe Motorola patents-in-suit; (b) individuals h\lving
knowledge of any prior art use, sale, offer for sale, or invention relevant to the subject matter of
the Motorola patents-in-suit; (c) individuals having knowledge of the level of ordinary skill in
the art to which the alleged inventions of the Motorola patents-in-suit pertain; (d) individuals
having knowledge of any license to the Motorola patents-in-suit, any offer to license the
Motorola patents-in-suit, or any refusal to license the Motorola patents-in-suit; (e) individuals
having knowledge of the circumstances or manner in which the alleged inventions are disclosed
in the Motorola patents-in-suit; (f) individuals having knowledge of the alleged inventorship,
ownership or rights in the Motorola patents-in-suit and/or the subject matter of the Motorola
patent-in-suit; (g) individuals affiliated with the law firms involved in the prosecution of the
Motorola patents-in-suit; (h) individuals having knowledge of the operation and development of

13

Microsoft's accused products, and (i) individuals having knowledge of Motorola's infringement
of Microsoft's patents-in-suit.

II.

Documents, Data Compilations, or Tangible Things in the Possession, Custody, or
Control of Microsoft That Microsoft May Use to Support Its Claims or Defenses.
Given the information currently known and reasonably available to Microsoft, and

without waiving any objections as to any applicable privileges or protections, confidentiality, or
the admissibility at trial of any documents identified herein, and expressly reserving the right to
rely on additional categories of documents, data compilations, and tangible things and to
supplement this initial disclosure as appropriate, Microsoft discloses, without limitation, the
following categories (with corresponding locations) of documents, data compilations, and
tangible things that are in its possession, custody, or control and may be used to support
Microsoft's claims or defenses:
• Documents relating to prior art to the Motorola patents-in-suit (offices of
Microsoft's outside counsel in Chicago, Illinois);
• Documents relating to the design and operation of Microsoft's accused products
(Redmond, Washington and offices of Microsoft's outside counsel in Chicago,
Illinois);
• Documents relating to financial data pertaining to Microsoft's accused products
(Redmond, Washington and offices of Microsoft's outside counsel in Chicago,
Illinois);
• Publicly available documents related to the prosecution of the Motorola patentsin-suit (offices of Microsoft's outside counsel in Chicago, Illinois);
• Documents relating to the Affirmative Defenses set forth in Defendant
Microsoft Corporation's Answer and Counterclaims to Plaintiffs Complaint for
Patent Infringement (Redmond, Washington and offices of Microsoft's outside
counsel in Chicago, Illinois);
• Documents relating to Microsoft's Counterclaims set forth in Defendant
Microsoft Corporation's Answer and Counterclaims to Plaintiffs Complaint for
Patent Infringement (Redmond, Washington and offices of Microsoft's outside
counsel in Chicago, Illinois);

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• Documents relating to the prosecution of the Microsoft patents-in-suit (offices of
Microsoft's outside counsel in Chicago, Illinois); and
• Documents relating to infringement and validity of the Microsoft patents-in-suit
(offices of Microsoft's outside counsel in Chicago, Illinois).

III.

Computation of Any Category of Damages Claimed by the Disclosing Party.
Microsoft is entitled to recover damages for Motorola's infringement of the Microsoft

patents-in-suit, including pre-judgment and post-judgment interest. Motorola's infringing
activities have caused and will continue to cause Microsoft irreparable harm unless the
infringement is enjoined by this Court. In addition, Microsoft intends to seek its expenses, costs,
attorneys' fees, and any other relief as the Court deems just and proper.

IV.

Any Insurance Agreement Under Which Any Person Carrying On the Business of
Insurance May Be Liable To Satisfy Part or All of a Judgment.
Responsive documents are available for inspection and copying at the Chicago offices of

Microsoft's counsel.
DATED this 23 rd day of June, 2011.

SIDLEY AUSTIN LLP
David T. Pritikin
Richard A. Cederoth
Douglas 1. Lewis
John W. McBride
Erin E. Kelly
One South Dearborn
Chicago, IL 60603
Tel. [phone]
Brian R. Nester
1501 K Street NW
Washington, DC 20005
Tel. [phone]

15

COLSON HICKS EIDSON
Roberto Martinez, Esq.
Curtis Miner, Esq.
255 Alhambra Circle, Penthouse
Coral Gables, Florida 33134
Tel. [phone]
Fax. [phone]

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 1:10-CIV-24063-MORENO

MOTOROLA MOBILITY, INC.,
Plaintiff,
VS.

MICROSOFT CORPORAnON,
Defendant.

)
)
)
)

) JURY TRIAL DEMANDED
)
)
)
)
)

----------------------------)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 23 rd day of June, 2011, a true copy of the foregoing
document was served upon the following counsel of record in the ~die ~

Erin E. Kelly

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SERVICE LIST

Motorola Mobility, Inc. v. Microsoft Corp., Case No.1: 10-cv-24063-Moreno

By Electronic Mail:
Edward M. Mullins
Hal M. Lucas
ASTIGARRAGA DAVIS
701 Brickell Avenue, 16th Floor
Miami, FL 33131
Tel.: [phone]
Steven Pepe
Jesse J. Jenner
Leslie M. Spencer
ROPES & GRAY LLP
1211 Avenue of the Americas
New York, NY 10036-8704
Tel.: [phone]
Norman H. Beamer
Mark D. Rowland
Gabrielle E. Higgins
ROPES & GRAY LLP
1900 University Avenue, 6th Floor
East Palo Alto, CA 94303-2284
Tel.: [phone]
Kevin J. Post
Megan F. Raymond
ROPES & GRAY LLP
One Metro Center
700 12th Street NW, Suite 900
Washington, DC 20005-3948
Tel.: [phone]
Counsel for Plaintiff Motorola Mobility, Inc

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