Polaris IP, LLC v. Google Inc. et al

Filing 578

MOTION to Continue Trial and for Additional Time for Trial by Google Inc.. (Attachments: # 1 Affidavit Declaration of M. Kammerud, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Text of Proposed Order)(Perlson, David)

Polaris IP, LLC v. Google Inc. et al

Doc. 578 Att. 3

EXHIBIT B

Dockets.Justia.com

EXHIBIT A I. DEFINITIONS 1. "PLAINTIFF," or "BRIGHT RESPONSE," shall mean plaintiff Bright Response, LLC, and its agents, officers, employees, representatives and attorneys, and any and all of its predecessor or successor companies, corporations or business entities. 2. "ANGOTTI," "YOU," or "YOUR" shall mean Anthony Angotti, named inventor of U.S. Patent No. 6,411,947. 3. "FRED COHEN," "JULIE HSU," "ROSANNA PICCOLO," and "AMY RICE" shall mean the other named inventors of U.S. Patent No. 6,411,947. 4. "DOCUMENT" or "DOCUMENTS" shall include all written, graphic or otherwise recorded material, including without limitation, microfilms or other film records or impressions, tape recordings or computer cards, floppy disks or printouts, any and all papers, photographs, films, recordings, memoranda, books, records, accounts, communications, letters, telegrams, correspondence, notes of meetings, notes of conversations, notes of telephone calls, inter-office memoranda or written communications of any nature, recordings of conversations either in writings or upon any mechanical or electrical recording devices, including electronic mail ("email"), notes, papers, reports, analyses, invoices, canceled checks or check stubs, receipts, minutes of meetings, time sheets, diaries, desk calendars, ledgers, schedules, licenses, financial statements, telephone bills, logs, and any differing versions of any of the foregoing, whether so denominated, formal, informal or otherwise, as well as copies of the foregoing which differ in any way, including by the addition of handwritten notations or other written or printed matter of any nature, from the original. The foregoing specifically includes information stored in a computer database and capable of being generated in documentary form, such as electronic mail. 5. "THING" as used herein means any physical object other than a "DOCUMENT." (a) "PERSON" refers to any individual, corporation, proprietorship,

association, joint venture, company, partnership or other business or legal entity, including governmental bodies and agencies.

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6. "REFLECT," "REFLECTING," "RELATE TO," "REFER TO," "RELATING TO," and "REFERRING TO" shall mean relating to referring to, concerning, mentioning, reflecting, pertaining to, evidencing, involving, describing, discussing, commenting on, embodying, responding to, supporting, contradicting, or constituting (in whole or in part), as the context makes appropriate. 7. The "`947 PATENT" shall mean U.S. Patent No. 6,411,947. 8. The term "RELATED PATENTS/APPLICATIONS" shall mean (1) any United States or foreign patent or patent application related to the `947 PATENT by way of subject matter or claimed priority date, (2) all parent, grandparent or earlier, divisional, continuation, continuation-in-part, provisional, reissue, reexamination, and foreign counterpart patents and applications of thereof, and/or (3) any patent or patent application filed by one of more of the same applicant(s) (or his or her assignees) that refers to any of (1) or (2) herein. 9. The singular form of words shall include the plural, and the plural shall include the singular. II. INSTRUCTIONS 1. If any portion of a DOCUMENT or THING is responsive to a request, the entire

DOCUMENT or THING shall be produced, redacting only privileged material if any. 2. YOU are to produce the original and each non-identical copy of each

DOCUMENT or THING requested herein that is in YOUR possession, custody or control. 3. DOCUMENTS produced pursuant to these requests shall be produced in the

original files and shall not be shuffled or otherwise rearranged. DOCUMENTS which were stapled, clipped, or otherwise fastened together shall be produced in that form. 4. THINGS produced pursuant to these requests shall be produced in their present

form and shall not be changed or modified in any way. 5. In the event that any DOCUMENT or THING called for by these requests or

subsequent requests is to be withheld on the basis of a claim of privilege or immunity from discovery, that DOCUMENT or THING is to be identified by stating:

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(a) (b) appendices; (c) (d) (e) immunity. 6.

the author(s), addressee(s) and any indicated or blind copyee(s); the DOCUMENT's or THING's date, number of pages and attachments or

the subject matter(s) of the document; the nature of the privilege or immunity asserted; and any additional facts upon which you would base your claim of privilege or

In the event that any DOCUMENT or THING called for by these requests or

subsequent requests has been destroyed or discarded, that DOCUMENT or THING is to be identified by stating: (a) (b) appendices; (c) (d) the DOCUMENT's or THING's subject matter; the date of destruction or discard, manner of destruction or discard, and the author(s), addressee(s) and any indicated or blind copyee(s); the DOCUMENT's or THING's date, number of pages and attachments or

reason for destruction or discard; (e) discard; and (f) whether any copies of the DOCUMENT or THING presently exist and, if the PERSONS who were authorized to carry out such destruction or

so, the name of the custodian of each copy. 6. These Requests shall be deemed continuing so as to require further and

supplemental production in accordance with the Federal Rules of Civil Procedure. III. REQUESTS FOR PRODUCTION 1. 2. A copy of YOUR most recent resume. All DOCUMENTS or THINGS that REFER or RELATE to the `947 PATENT or

any RELATED PATENTS/APPLICATIONS, including without limitation any DOCUMENTS that relate to the inventorship, prosecution, valuation, sale or assignment of the `947 PATENT or

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RELATED PATENTS/APPLICATIONS and including without limitation any opinions, analyses and/or investigations of infringement of such patents. 3. All DOCUMENTS or THINGS that REFER or RELATE to the priority claim

made in the '947 PATENT. 4. All DOCUMENTS or THINGS that REFER or RELATE to any attempts to

license or enforce the `947 PATENT, including any DOCUMENTS that RELATE to the following cases, and/or any other litigation concerning the '947 PATENT: A. B. C. D. Bright Response, LLC f/k/a Polaris IP, LLC v. Google, et al., Case No. 2:07-cv371 CE (E.D. Tex.) Polaris IP, LLC v. Sirius Satellite Radio, Inc., et al., Case No. 2:06-cv-103 TJW (E.D. Tex.) Polaris IP, LLC v. Oracle Corp. et al., Case No. 2:06-cv-179 TJW (E.D. Tex.) Polaris IP, LLC v. Art Technology Group, Inc., Case No. 2:07-cv-116 CE (E.D. Tex.)

5.

All DOCUMENTS or THINGS that REFER or RELATE to any compensation,

both monetary and/or non-monetary, that YOU, FRED COHEN, JULIE HSU, ROSANNA PICCOLO, AMY RICE, Brightware Inc., Silicon Valley Bank, Firepond Inc., Clear with Computers Inc., Clear with Computers LLC, Orion IP LLC, Circinus IP LLC, Polaris IP LLC, or BRIGHT RESPONSE LLC paid or received in connection with the assignment, license, sale, or transfer of any rights in or to the `947 PATENT or RELATED PATENTS/APPLICATIONS. 6. All prior art to the `947 PATENT, including publications, references, or THINGS

asserted by third parties to be prior art, or evaluated by YOU as potential prior art, including without limitation any references published in 1997 or prior, referring to the automatic processing of electronic communications, including the use of case base and/or rule base knowledge engines. 7. All DOCUMENTS of THINGS that REFER or RELATE to any transaction by,

between or amongst YOU, FRED COHEN, JULIE HSU, ROSANNA PICCOLO, AMY RICE,

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Brightware Inc., Silicon Valley Bank, Firepond Inc., Clear with Computers Inc., Clear with Computers LLC, Orion IP LLC, Circinus IP LLC, Polaris IP LLC, and/or BRIGHT RESPONSE LLC. 8. All DOCUMENTS or THINGS that REFER or RELATE to YOUR, FRED

COHEN's, JULIE HSU's, ROSANNA PICCOLO's, AMY RICE's, Brightware Inc's, Silicon Valley Bank's, Firepond Inc's, Clear with Computers Inc.'s, Clear with Computers LLC's, Orion IP LLC's, Circinus IP LLC's, Polaris IP LLC's, or BRIGHT RESPONSE LLC's attempts to market, promote, sell or license products, services or technology related to automatic processing of electronic communications, including the use of rule base and/or case base knowledge engines. 9. All DOCUMENTS or THINGS that REFER or RELATE to or identify the

conception and/or reduction to practice of any invention disclosed, described, or claimed in the `947 PATENT or RELATED PATENTS/APPLICATIONS, including, but not limited to, YOUR notebooks and research notes. 10. ALL DOCUMENTS or THINGS that REFER or RELATE to any research YOU

have done involving automatic processing of electronic communications, including the use of rule base and/or case base knowledge engines. 11. All DOCUMENTS or THINGS that REFER or RELATE to YOUR role in

inventing any of the purported inventions disclosed, described, or claimed in the `947 PATENT or RELATED PATENTS/APPLICATIONS. 12. All DOCUMENTS or THINGS that REFER or RELATE to the involvement that

anyone other than YOU, FRED COHEN, JULIE HSU, ROSANNA PICCOLO, or AMY RICE had in inventing any of the purported inventions disclosed, described, or claimed in the `947 PATENT or RELATED PATENTS/APPLICATIONS. 13. All DOCUMENTS or THINGS that REFER or RELATE to any communications

or correspondence between YOU and any other person or entity regarding the technology

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relating to purported inventions disclosed, described, or claimed in the `947 PATENT or RELATED PATENTS/APPLICATIONS. 14. All DOCUMENTS or THINGS that REFER or RELATE to YOUR employment,

affiliation, or work for Brightware Inc., Silicon Valley Bank, Firepond Inc., Clear with Computers Inc., Clear with Computers LLC, Orion IP LLC, Circinus IP LLC, Polaris IP LLC, or BRIGHT RESPONSE LLC. 15. All DOCUMENTS or THINGS that REFER or RELATE to Google's products

and services with respect to the automatic processing of electronic communications, including any investigations of Google's products and/or attempts to distinguish Google's products from any technology owned or promoted by YOU or FRED COHEN, JULIE HSU, ROSANNA PICCOLO, AMY RICE, Brightware Inc., Silicon Valley Bank, Firepond Inc., Clear with Computers Inc., Clear with Computers LLC, Orion IP LLC, Circinus IP LLC, Polaris IP LLC, or BRIGHT RESPONSE LLC. 16. All DOCUMENTS or THINGS that REFER or RELATE to AOL LLC or

America Online's products and services with respect to the automatic processing of electronic communications, including any investigations of AOL LLC or America Online's products and services and/or attempts to distinguish AOL LLC or America Online's products and services from any technology owned or promoted by YOU or FRED COHEN, JULIE HSU, ROSANNA PICCOLO, AMY RICE, Brightware Inc., Silicon Valley Bank, Firepond Inc., Clear with Computers Inc., Clear with Computers LLC, Orion IP LLC, Circinus IP LLC, Polaris IP LLC, or BRIGHT RESPONSE LLC. 17. All DOCUMENTS or THINGS that REFER or RELATE to Yahoo's products and

services with respect to the automatic processing of electronic communications, including any investigations of Yahoo's products and services and/or attempts to distinguish Yahoo's products and services from any technology owned or promoted by YOU or ANTHONY ANGOTTI, FRED COHEN, JULIE HSU, AMY RICE, Brightware Inc., Silicon Valley Bank, Firepond Inc.,

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Clear with Computers Inc., Clear with Computers LLC, Orion IP LLC, Circinus IP LLC, Polaris IP LLC, or BRIGHT RESPONSE LLC. 18. A copy of any source code or software that embodies or reflects any of the

inventions claimed in the '947 PATENT. 19. All DOCUMENTS or THINGS that REFER or RELATE to any sale or offer to

sell any purported inventions disclosed, described, or claimed in the `947 PATENT or RELATED PATENTS/APPLICATIONS. 20. All DOCUMENTS or THINGS that REFER or RELATE to any and all versions

of software marketed as EZ Reader and/or Art*Enterprise, including any similar and/or subsequent software marketed, sold, offered, or developed under any different names. 21. All DOCUMENTS or THINGS that REFER or RELATE to any sale or offer to

sell any and all versions of software marketed as EZ Reader and/or Art*Enterprise, including any similar and/or subsequent software marketed, sold, offered, or developed under any different names. 22. All DOCUMENTS or THINGS that REFER or RELATE to any communications

or correspondence between or among YOU, FRED COHEN, JULIE HSU, ROSANNA PICCOLO, AMY RICE, Brightware Inc., Silicon Valley Bank, Firepond Inc., Inference Corp., Clear with Computers Inc., Clear with Computers LLC, Orion IP LLC, Circinus IP LLC, Polaris IP LLC, BRIGHT RESPONSE LLC, Chase Manhattan Bank, or any other customer or potential customer regarding any and all versions of software marketed as EZ Reader and/or Art*Enterprise, including any similar and/or subsequent software marketed, sold, offered, or developed under any different names.

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