Function Media, L.L.C. v. Google, Inc. et al

Filing 120

MOTION for Protective Order to Preclude Depositions by Google, Inc.. (Attachments: # 1 Affidavit in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Text of Proposed Order)(Anderson, Carl)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION FUNCTION MEDIA, L.L.C. Plaintiffs, vs. GOGGLE, INC. AND YAHOO, INC. Defendants. § § § § § § § § §

Civil Action No. 2007-CV-279

PLAINTIFF'S INITIAL DISCLOSURES

Pursuant to Rule 26 of the Federal Rules of Civil Procedure and the Docket Control Order, Plaintiff Function Media, L.L.C. ("Function Media") makes the following initial disclosures: (A) Correct Names of Parties

The case caption contains the correct names of the parties to this lawsuit. (B) Potential Parties

At this time, Function Media is unaware of any potential parties that need to be added to this lawsuit. (C) Legal Theories and Factual Bases of Claims or Defenses

Function Media sues under the Patent Act for infringement of several Function Media patents, as more particularly set forth in its Infringement Contentions, previously served in this case under this Court's Local Patent Rule 3-1.

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(D) Persons with Knowledge Topics Named co-inventor on all patents-in-suit. Has knowledge of topics relevant to the patents-in-suit, including conception and reduction to practice, best mode, enablement, inventorship, prior art, prosecution, alleged inequitable conduct, and offers (if any) to license the patentsin-suit. Also has knowledge of corporate matters relating to _________________________ _____________________________ Function Media. do Susman Godfrey, L.L.P. Named co-inventor on all Lucinda Stone patents-in-suit. Has 1000 Louisiana, Suite 5100 Houston, TX 77002 knowledge of topics relevant [phone] to the patents-in-suit, including conception and reduction to practice, best mode, enablement, inventorship, prior art, prosecution, alleged inequitable conduct, and offers (if any) to license the patentsin-suit. Also has knowledge of corporate matters relating to _________________________ _____________________________ Function Media. Shoaib Mohammed Hasan Shoaib Mohammed Hasan Programmer. Has knowledge 8111 Sycamore Drive of topics relevant to the Irving, TX 75063 patents-in-suit, including the [phone] Virtual Cities software and information related to diligence and reduction to _____________________________ _________________________________ practice. Robert A. Cote, Esq. Robert A. Cote, Esq. Attorney. Has knowledge, McKool Smith much of which is privileged, 399 Park Avenue, Suite 3200 of topics relevant to the New York NY 10022 patents-in-suit, including [phone] prosecution of the '025 and '059 patents, prior art, and _________________________ _____________________________ alleged inequitable conduct. Henry Croskell, Esq. Henry Croskell, Esq. Patent prosecution attorney. 7714 Village Trail Drive Has knowledge, much of __________________________ Dallas, TX 75254 which is privileged, of topics Name Michael Dean Contact Information do Susman Godfrey, L.L.P. 1000 Louisiana, Suite 5100 Houston, TX 77002 [phone] -2823 127v 1/0 10020

Name

Contact Information [phone]

Topics relevant to the patents-in-suit, including prosecution of the patents-in-suit and alleged inequitable conduct.

Attorney. Has knowledge, much of which is privileged, of topics relevant to the '045 patent, including efforts to license the '045 patent and communications with Yahoo! __________________________ ______________________________ regarding same. Former law partner of Michael James Brock, Esq. James Brock, Esq. Morrissey. Former SVP, CEO, Attributor 1775 Woodside Road, Suite 100, Communications & Consumer Services at Yahoo. Has Redwood City, CA 94061 knowledge of topics relevant to the '045 patent, including efforts to license the '045 patent and communications __________________________ ______________________________ regarding same. Attorney. Has knowledge, Thomas E. Schatzel, Esq. Thomas E. Schatzel, Esq. much of which is privileged, 16400 Lark Avenue, Suite 240 of topics related to the '045 Los Gatos, CA 95032 patent, including information [phone] related to diligence and _______________________________ reduction to practice. Attorney. Has knowledge, Kenneth S. Roberts, Esq. Kenneth S. Roberts, Esq. much of which is privileged, Orrick of topics relevant to the 4 Park Plaza, Suite 1600 patents-in-suit, including Irvine, CA 92614-2558 prosecution of the '025 and [phone] '059 patents, prior art, and __________________________ ______________________________ alleged inequitable conduct. Inventor. Has knowledge of Arnold Behrman Arnold Behrman Nat'l Sales Manager the Mason patent, including communications with Kenneth 301 Pleasant Valley Road Morganville, NJ 07751 Roberts regarding same. [phone] Michael A. Morrissey, Esq. Michael A. Morrissey, Esq. NovaTech Law PLLC 11921 Freedom Dr., Suite 550 Reston, VA 20190 [phone] Erik Ahroon Patent acquirer. Has Business Development Manager knowledge of attempts to Acacia Research Corp. acquire the '025 patent. 500 Newport Center Dr., 7th Fl. Newport Beach, CA 92660 _________________________ [phone] ___________________________ -3823 127v1/010020

Acacia Research Corp.

(E)

Indemnity and Insurance Agreements

Function Media has no relevant indemnity or insurance agreements. (F) Settlement Agreements

Function Media is unaware of any relevant settlement agreements. (G) Statement of Any Party to the Litigation

At present, Function Media is unaware of any discoverable statements of any party to this litigation. DATED: March 24, 2008 R pectfully submitted, 4 , Max L. 1'ribble, Jr. State Bar No. 20213950 Email: mtribblesusmangodfrey.com SUSMAN GODFREY LLP 1000 Louisiana, Suite 5100 Houston, Texas, 77002 Telephone: [phone] Facsimile: [phone] Lead Attorney for Plaintiffs OF COUNSEL: Joseph S. Grinstein State Bar No. 24002188 Email: jgrinsteinsusmangodfrey.com SUSMAN GODFREY L.L.P. 1000 Louisiana Street, Suite 5100 Houston, Texas 77002-5096 Telephone: [phone] Fax: [phone] Nicholas F. Daum State Bar No. 236155 Email: ndaumsusmangodfrey.com SUSMAN GODFREY L.L.P. 1901 Avenue of the Stars Suite 950 Los Angeles, CA 90067 Telephone: [phone] Fax: [phone] 127v 1/0 10020

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CERTIFICATE OF SERVICE I hereby certify that, on March 24, 2008, I e-mailed the foregoing document to counsel of record for Google and Yahoo.

S. Grinstein

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