Heartland Recreational Vehicles LLC v. Forest River Inc

Filing 82

MOTION for Extension of Time to File Opposition to Expert by Defendant Forest River Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Fountain, Ryan)

Heartland Recreational Vehicles LLC v. Forest River Inc

Doc. 82 Att. 3

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10 Q. Is there any other file that Barnes & Thornburg maintains related to the prosecution of that provisional application, or the utility application? A. What do you mean relates to? Q. Well, is there any other file that deals with the topic of the prosecution of those -- of those two applications? MR. LADUE: When you say any other, you mean besides what was produced? BY MR. IRMSCHER: 11 Q. Yeah, right, besides what is here. I'm just trying to ask you if that is the complete set of materials that Barnes & Thornburg maintains in its records with respect to the prosecution of this -- of the, what ultimately became the 650 patent? A. You know, why I'm getting confused, there are like bills and accounting things. That's not in there, and I'm sure those exist somewhere. Q. Okay. So that was your problem with the question related to? A. Right.

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---------------90 Q. Any old diary sheets, the physical, tangible ones. A. There would be books from years ago. Q. And these books would be bound and compiled according to the attorney involved, right? A. Right. Q. So if we wanted to get the diary sheets as you had for writing these patent applications, presumably they're somewhere in this building, right? A. That I do not know. Q. If you wanted to know, how would you find out? A. I would probably find out from accounting. Q. And who in accounting? A. I would probably start with Pam Brown and find out. 91 1 2 Q. Is Pam Brown in this building? A. No.

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Dockets.Justia.com

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Q. Do you know of any reason why those diary sheets were not turned over in this case? A. They were not asked for. Q. They relate to the patent applications, don't they? A. They relate to the client. Q. They also relate to the patent applications, don't they? MR. LADUE: Objection, vague. THE WITNESS: Don't know what you mean by relate. BY MR. FOUNTAIN: Q. The time sheets would be a record of the work you did with regard to these patent applications, wouldn't they? A. It would be a record of the time spent, yes. Q. And a description of what you did in that period of time, right? A. Correct. Q. And that work was done with regard to these patent applications, right? A. Correct. Q. So they would in fact relate to these patent applications, wouldn't they? 92

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A. From that line of thinking, yes. Q. Okay. So from that line of thinking, do you know of any reason why those time sheets were not turned over to us? A. No.

-------------180 12 BY MR. FOUNTAIN: 13 Q. Okay. Well, I asked you before about the -- before 14 about the billing statements, about your diaries, and 15 I think those are relevant and related to the patent 16 applications. And until I receive those, um, I'm not 17 going to be able to conclude my questioning of you. 18 But at this point, I will pass it back to Dave, if he 19 has anything he would like to follow up with at this 20 point. Otherwise, we will seek to get those 21 documents and ask to talk to you again. 22 A. Okay. You can talk to John about that. 23 MR. LADUE: Whatever. I just -- send the

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subpoena my way. MR. FOUNTAIN: I think it was covered by the 181

1 existing subpoena. 2 MR. LADUE: I don't know. If you want -3 MR. FOUNTAIN: You want another one? 4 MR. LADUE: -- something specific, I think 5 it's a good idea. 6 MR. FOUNTAIN: All right. 7 REDIRECT EXAMINATION 8 BY MR. IRMSCHER: