Northeastern University et al v. Google, Inc.,

Filing 47

MOTION to Compel 30(b)(6) DEPOSITION TESTIMONY FROM JARG CORPORATION AND NORTHEASTERN UNIVERSITY by Google, Inc.,. (Attachments: # 1 Exhibit A - Boston Globe article, # 2 Exhibit B - Reuters article, # 3 Exhibit C - Amended Notice of Deposition to Jarg, # 4 Exhibit D - Amended Notice of Deposition to NU, # 5 Exhibit E - Jarg Objs to Google 30b6 Not, # 6 Exhibit F - NU Objs to Google 30b6 Not, # 7 Exhibit G - NU and Jarg Initial Disclosures, # 8 Exhibit H - Order Denying MyMail Mot for PO and Granting AOL Mot to Compel, # 9 Exhibit I - Amended Docket Control Order, # 10 Exhibit J - Jarg Notice of Disclosures, # 11 Exhibit K - D195 Order Re Mass Eng v Ergotron, # 12 Exhibit L - Pirri Depo Transcript, # 13 Exhibit M - Belanger Depo Transcript, # 14 Text of Proposed Order Order Granting Motion to Compel)(Wolff, Jason)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION NORTHEASTERN UNIVERSITY and JARG CORPORATION Plaintiffs, v. GOOGLE, INC. Defendant.

6 6 6 6 6 Case No. 2:07-CV-486-CE 6 6 DEMAND FOR JURY TRIAL 6 6 6

NORTHEASTERN UNIVERSITY AND JARG CORPORATION'S INITIAL DISCLOSURES Pursuant to Rule 26(a)(l) of the Federal Rules of Civil Procedure, Plaintiffs Northeastern University and Jarg Corporation (collectively, "Plaintiffs") make the following disclosures based upon information presently available to Plaintiffs. Plaintiffs reserve the right to supplement, revise, correct, or otherwise amend this Initial Disclosure, to assert additional claims and theories that they later develops, andlor to produce additional information during the course of discovery, as provided by the Federal Rules of Civil Procedure, and to rely on such information as evidence in this action. By making these disclosures, Plaintiffs do not waive any applicable privilege, work product protection, or other objection, and reserve the right to object to. the production or admissibility of any information included in the categories below. A. The following persons are likely to have discoverable information that Plaintiffs may use to support its claims Based upon Plaintiffs' investigation thus far, Plaintiffs presently believe the following individuals and businesses are likely to have discoverable information that Plaintiffs may use to support their claims, unless solely for the purposes of impeachment. Plaintiffs believe that other, currently unknown, individuals may have discoverable information and specifically reserve the

right to identify additional witnesses as discovery proceeds. By indicating the general subject matter of information these individuals may posses, Plaintiffs do not make any concession, agreement, admission, or waiver of any ultimate deterpination of relevance or admissibility of particular information for any purpose, nor do Plaintiffs waive attorney-client privilege or work-product immunity or any other privilege or immunity. Plaintiffs are in no way limiting their right to call any individuals or businesses listed to testifl concerning other subjects. All current and former Northeastern and Jarg employees should be contacted through Plaintiffs' attorneys of record. Name Ken Baclawski Contact Information Contact through Plaintiffs' counsel Subiect(s) Has knowledge of the subject matter of the patent in suit. Has knowledge of the conception and reduction to practice of the invention. Michael Belanger Anthony N. Pirri Luiz Andre Barroso Contact through Plaintiffs' counsel Contact through Plaintiffs' counsel Google Inc. 1600 Amphitheatre Parkway Mountain View, CA 94043 Google Inc. 1600 Amphitheatre Parkway Mountain View, CA 94043 Google Inc. 1600 Arnphitheatre Parkway Mountain View, CA 94043 Has knowledge of the licensing of the patent in suit. Has knowledge of the licensing of the patent in suit. Knowledge of the accused systems Knowledge of the accused systems Knowledge of the accused systems

JeffjreyDean

Urs Holzle

B. The following is a description, by category and location, of documents,
electronically stored information and tangible things not already produced that are in the possession, custody or control of Plaintiffs and that Plaintiffs may use to support their claims or defenses.

Plaintiffs provide the following listing without concession, agreement, admission, or waiver of any ultimate determination of relevance or admissibility of particular information for any purpose, and without waiver of attorney-client privilege or work-product immunity or any other privilege or immunity. Plaintiffs also reserve the right to identify additional documents, electronically stored information, and tangible things throughout discovery.

General Description

Location

Additional documents relating to the licensing Jarg Corp. of the patent in suit and commercialization 330 Bear Hill Road Waltham MA, 02541 efforts

C. The following is a computation and description, by category, of damages claimed by Plaintiffs.

Plaintiffs intend to seek damages adequate to compensate for infringement of their patent by the defendant. Those damages are in no event less than a reasonable royalty together with interest and costs as fixed by the Court. The total damages and costs are unknown at the present time.
D. The following is a description of any insurance agreement under which a person carrying on an insurance business may be liable to satisfy part of or all of a judgment.

Plaintiffs are unaware of any insurance agreements under which a person engaging in an insurance business may be liable either to satisfy all or part of a judgment or to indemnify or reimburse for payments made to satisfy the judgment.

Dated: October 10,2008

Respecthlly submitted, IS/ Michael Valek William B. Dawson (Tx Bar No. 05603600) VINSON & ELKINS L.L.P. 3700 Trammel Crow Center 3001 Ross Avenue Dallas, Texas 75201-2975 Tel: [phone] Fax: [phone] David B. Weaver (TX Bar No. 00798576) Christopher V. Ryan (TX Bar No. 24037412) Michael Valek (TX Bar No.24044028) R. Floyd Walker (TX Bar No. 24044751) Stephen C. Stout (TX Bar No. 24060672) VINSON & ELKINS L.L.P. 2801 Via Fortuna, Suite 100 Austin, Texas 78746 Tel: [phone] Fax: [phone] E-mail: [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] Otis W Carroll, Jr. Collin Maloney IRELAND CARROLL & KELLEY 6101 S Broadway, Suite 500 Tyler, TX 75703 Tel: [phone] Fax: [phone] Email: [e-mail] Franklin Jones, Jr. JONES & JONES, INC. P.C. 201 W Houston St., PO Drawer 1249 Marshall, TX 75671-1249 Tel: [phone] Fax: [phone] Email: maizieh@,millerfirm.com ATTORNEYS FOR NORTHEASTERN UNIVERSITY AND JARG CORPORATION

CERTIFICATE OF SERVICE

The undersigned hereby certifies that the foregoing this document was served on all counsel of record on October 10,2008 in the manner indicated below. Michael E. Jones POTTER MINTON A Professional Corporation 110 N. College, Suite 500 Tyler, Texas 75702 Tel: [phone] Fax: [phone] mikeionesG?potterminton.com Shelley Kay Mack 500 Argue110 Street, Suite 500 Redwood City, CA 94063 Tel: [phone] Fax: [phone] mack@,fr.com Ruffin B. Cordell FISH & RICHARDSON P.C. 1425 K Street, N.W., 1IthFloor Washington, DC 20005-3500 Telephone: [phone] Facsimile: (202) 783-233 1 cordell@,fr.com Jason W. Wolff Fish & Richardson, P.C. 12390 El Carnino Real San Diego, California 92130 Tel: [phone] Fax: [phone] wolffG?fr.com Hand-delivery Facsimile Electronically via e-mail U.S. Mail U.S. CertifiedMail Federal Express

Hand-delivery Facsimile Electronically via e-mail U.S. Mail U.S. Certified Mail o Federal Express Hand-delivery Facsimile Electronically via e-mail U.S. Mail U.S. Certified Mail Federal Express Hand-delivery Facsimile Electronically via e-mail U.S. Mail U.S. Certified Mail Federal Express

IS/ Michael Valek