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, LLC Plaintiff, § § § § § § § § §

Civil Action No. 2007-CV-279

GOOGLE INC. AND YAHOO!, INC. Defendants.

JURY TRIAL DEMANDED

PLAINTIFF'S FIRST AMENDED RULE 26 DISCLOSURES

Plaintiff Function Media, LLC ("Function Media") serves the following First Amended Rule 26 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. (D) Persons with Knowledge Contact Information Michael Dean c/o Susman Godfrey, L.L.P. 1000 Louisiana, Suite 5100 Houston, TX 77002 [phone] Topics Named co-inventor on all patents-in-suit. Has knowledge of topics relevant to the patents-in-suit, including conception and

Name Michael Dean

Topics 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. Named co-inventor on all Lucinda Stone Lucinda Stone patents-in-suit. Has do Susman Godfrey, L.L.P. knowledge of topics relevant 1000 Louisiana, Suite 5100 to the patents-in-suit, Houston, TX 77002 including conception and [phone] 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. Programmer. Has knowledge Shoaib Mohammed Hasan Shoaib Mohammed Hasan of topics relevant to the patents-in-suit, including the do Susman Godfrey, L.L.P. Virtual Cities software and 1000 Louisiana, Suite 5100 information related to Houston, TX 77002 diligence and reduction to [phone] ___________________________ _______________________________ practice. Attorney. Has knowledge, Robert A. Cote, Esq. Robert A. Cote, Esq. much of which is privileged, McKool Smith of topics relevant to the 399 Park Avenue, Suite 3200 patents-in-suit, including New York NY 10022 prosecution of the '025 and [phone] '059 patents, prior art, and __________________________ ______________________________ alleged inequitable conduct. Patent prosecution attorney. Henry Croskell, Esq. Henry Croskell, Esq. Has knowledge, much of which is privileged, of topics do Susman Godfrey, L.L.P. relevant to the patents-in-suit, 1000 Louisiana, Suite 5100 including prosecution of the Houston, TX 77002 patents-in-suit and alleged [phone] inequitable conduct. Name Contact Information Michael A. Morrissey, Esq. Michael A. Morrissey, Esq. _______________________ NovaTech Law PLLC -2Attorney. Has knowledge, much of which is privileged,

Topics 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 the Mason patent, including Nat'l Sales Manager communications with Kenneth 301 Pleasant Valley Road Roberts regarding same. Morganville, NJ 07751 [phone] Name Contact Information 11921 Freedom Dr., Suite 550 Reston, VA 20190 [phone] Patent acquirer. Has Erik Ahroon Business Development Manager knowledge of attempts to acquire the '025 patent. Acacia Research Corp. 500 Newport Center Dr., 7th Fl. Newport Beach, CA 92660 ___________________________ _________________________ [phone] Patent acquirer. Has Intellectual Ventures Intellectual Ventures knowledge of attempts to PMB 502 acquire the patents-in-suit. 227 Bellevue Way Bellevue, WA 98004-5721 [phone] Acacia Research Corp. Jered Burke Jered Burke ________________________ do Susman Godfrey, L.L.P. -3Computer programmer. Has knowledge of Dean and

Topics Stone's efforts to investigate infringement of their inventions. Business owner; founder and former owner of BBonline.com . May have knowledge of efforts by Lucinda Stone in January 2000 to market the inventions disclosed in the '045 _____________________________ _________________________________ specification. Contact Information 1000 Louisiana, Suite 5100 Houston, TX 77002 ________________________ [phone] Randy Fought Randy Fought do Small Biz Big Web Madison, TN [phone] randysmallbizbigweb.com Name (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: January 9, 2009 Respectfully submitted,

44YI· Max L. Tribble, Jr.

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State Bar No. 20213950 Email: mtribblesusmangodfrey.com SUSMAN GODFREY LLP 1000 Louisiana, Suite 5100 Houston, Texas, 77002 Telephone: [phone] Facsimile: [phone]
Lead Attorney for Plaint ffs

OF COUNSEL: Joseph S. Grinstein State Bar No. 24002188 Email: jgrinsteinsusmangodfrey.com SUSMAN GODFREY L.L.P. -4-

1000 Louisiana Street, Suite 5100 Houston, Texas 77002-5 096 Telephone: [phone] Fax: [phone]

CERTIFICATE OF SERVICE I hereby certify that, on January 9, 2009, I e-mailed the foregoing document to counsel of record for Google and Yahoo.

Jemy J. randon

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