Software Rights Archive, LLC v. Google Inc. et al

Filing 271

MOTION to Compel Defendants to Disclose Their Noninfringement Contentions by Software Rights Archive, LLC. (Attachments: # 1 Affidavit, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Text of Proposed Order)(Kaplan, Lee)

EXHIBITS

MORRISON

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FOERSTER

425 M A R K E T S T R E E T SAN F R A N Q S C O

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V i a E l e c t r o n i c Mail Victor G. Hardy DiNovo Price Ellwanger & Hardy LLP 7000 N. MoPac Expressway, Suite 350 Austin, Texas 78731 Re: Software Rights Archive, L L C v. Google Inc., e t al., No.
07~CV-511

(E.D. Tex.)

D e a r Victor: Thank you for your letter o f July 8, 2009 concerning Defendants' Invalidity Contentions. I write o n b e h a l f o f all defendants. O u r March 27, 2009 letter addressed many o f the points you raise in your most recent letter. Among other things, it explained why Defendants' contentions a r e adequate under Saffran. F o r y o u r convenience, that letter is attached. A s we noted in our prior letter, in the spirit o f cooperation, we are willing to re-review our Invalidity Contentions and amend them to provide greater specificity, as appropriate. Before doing so, however, we repeat our prior request that SRA first amend its Infringement Contentions to identify specifically how each and every one o f the accused products and services allegedly infringes. We again refer you to the March 27th letter for greater detail on why S R A ' s infringement contentions are inadequate and why S R A ' s amendment o f its own contentions will assist our ability to amend our contentions. With respect to source code for prior art systems, Defendants' investigation and discovery is ongoing and Defendants will provide such source code as it becomes available. Defendants note that they have yet to receive source code for the alleged systems and products disclosed by Libertech, S i t e f f e c h and Site Technologies, Inc. Moreover, these systems a r e relevant to D e f e n d a n t s ' Invalidity Contentions. In the meantime, with respect to the articles mentioned o n page four o f your letter, please see Defendants' production at DEF001202-211, DEF001220-243 and DEF000412-435, which were produced to you.

5f-2712035

MORRISON

I FOERSTER

Victor G. Hardy July 16, 2009 Page Two A s a l w a y s , p l e a s e l e t us k n o w i f y o u w o u l d like t o further d i s c u s s t h e s e issues b y t e l e p h o n e . Sincerely,

/ s / R e b e c c a S n a v e l y Saelao
Rebecca Snavely Saelao

5f-2712035