PA Advisors, LLC v. Google Inc. et al

Filing 477

Proposed Pretrial Order (Joint Final Pre-Trial Order) by PA Advisors, LLC, Google Inc., Yahoo! Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Doan, Jennifer)

EXHIBIT 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PA ADVISORS, LLC, Plaintiff, v. GOOGLE INC., et al., Defendants. § § § § § § § § §

Civil Action No. 2:07-cv-480-RRR JURY TRIAL DEMANDED

nXn TECH, LLC'S WITNESS LIST nXn Tech, LLC (f/k/a PA Advisors, LLC) ("nXn") submits this witness list as Exhibit 1 to the parties' Joint Pretrial Order. I. Plaintiff's Witnesses nXn identifies the name and, if not previously provided, the address and telephone number of each witness it may present at trial other than solely for impeachment -- separately identifying those the party expects to present and those it may call if the need arises, during either the jury trial or any inequitable conduct bench trial. These identifications are based on information reasonably available to nXn at the present time. nXn reserves the right to

supplement or modify this list and reserves the right to designate testimony and/or call to testify any persons who are identified by either Defendant Yahoo or Defendant Google on their respective witness lists. Specifically, if any witness previously designated by either of the Defendants as "will call" does not appear live at trial, nXn reserves the right to designate deposition testimony at the time of trial for that witness.

1

II. Witnesses Plaintiff Expects to Present At Trial: 1 1. Lee Bradley Sheafe 2. Dr. V. Thomas Rhyne 3. Ilya Geller 2 4. Stephen L. Becker 5. Alan Gordon III. Witnesses Plaintiff May Present At Trial If the Need Arises as Live Witnesses or by Deposition At present, Plaintiff expects that it may call the following witnesses in person at trial or by video or stenographic deposition. Any exhibit discussed by the witness in the designated testimony is hereby incorporated by reference into nXn's Exhibit List and may be offered into evidence as the testimony is presented. 1. Sanjay Datta, 2. Patel Dev 3. Ivan Markman 4. Gabriel Mattera 5. Carlton Robinson 6. Charles Schulman 7. Luke Yeh
1

All of these witness may be contacted through counsel for the Plaintiff, specifically: (1) Mr. Marc Fenster/Russ, August & Kabat, 12424 Wilshire Blvd., 12th Floor, Los Angeles, CA 90025 [phone]; (2) Mr. David Pridham/ Law Office of David Pridham, 25 Linden Road, Barrington, Rhode Island 02806 Tel: [phone]; and/or (3) Andrew W. Spangler/Spangler Law, P.C., 104 E. Houston Street, Ste. 135 Marshall, Texas 75670 [phone].
2

Plaintiff anticipates at this time that it will call Mr. Geller as a witness at the time of trial. Plaintiff reserves the right to call Mr. Geller by deposition, however, if he is in fact not presented at trial. 2

8. Chauman Brewer 9. Edward Etkin 10. Bartholomew Furrow 11. Matthew Hall 12. Brian Horling 13. Michael Jahr 14. Ashvin Kannan 15. David Kolm 16. Ken Kronquist 17. Soren Riise 18. Ben Shahshahani 19. Zachary Zhang 20. Bahman Rabii Plaintiff also reserves the right to and may offer the video deposition testimony of any and/or all witnesses called by Defendants at trial for purposes of impeachment, including but not limited to offering or otherwise using any exhibit(s) referenced in such video deposition. This includes any witnesses called by Defendants at trial as live witnesses, as video-designated witnesses, or any other type of offer of testimony at trial.

3

Dated: March 1, 2010 APPROVED AS TO FORM AND SUBSTANCE: Marc A. Fenster CA Bar No. 181067 [e-mail] Alexander C.D. Giza CA Bar No. 212327 [e-mail] Andrew Weiss CA Bar No. 232974 [e-mail] Adam Hoffman CA Bar No. 218740 [e-mail] RUSS, AUGUST & KABAT 12424 Wilshire Blvd., 12th Floor Los Angeles, CA 90025 [phone] [phone] (fax) Andrew W. Spangler ­ Lead Attorney State Bar No. 24041960 SPANGLER LAW P.C. 104 E. Houston Street, Ste. 135 Marshall, Texas 75670 Telephone: [phone] Facsimile: [phone] [e-mail] David M. Pridham Rhode Island Bar No. 6625 LAW OFFICE OF DAVID PRIDHAM 25 Linden Road Barrington, Rhode Island 02806 Telephone: [phone] Facsimile: [phone] [e-mail]

4

Harold Kip Glasscock, Jr. State Bar No. 08011000 KIP GLASSCOCK ATTORNEY AT LAW 550 Fannin, Suite 1350 Beaumont, Texas 77701 Telephone: [phone] Facsimile: [phone] [e-mail] Patrick R. Anderson PATRICK R. ANDERSON PLLC 4225 Miller Rd, Bldg. B-9, Suite 358 Flint, MI 48507 [phone] [phone] (fax) [e-mail] John M. Bustamante Texas Bar No. 24040618 BUSTAMANTE, P.C. 54 Rainey Street, No. 721 Austin, Texas 78701 Tel. [phone] Fax [phone] Email:[e-mail] Elizabeth A. Wiley Texas State Bar No. 00788666 THE WILEY FIRM PC P.O. Box 303280 Austin, Texas 78703-3280 Telephone: [phone] Facsimile: [phone] Email: [e-mail]

5