ESN LLC v. Cisco Systems, Inc. et al

Filing 123

Second MOTION to Compel Response to Cisco's Seventh Interrogatory by Cisco Systems, Inc., Cisco-Linksys LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Errata G, # 8 Exhibit H, # 9 Exhibit I, # 10 Text of Proposed Order)(Smith, Kevin)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION

ESN, LLC, Plaintiff,
V.

CIVIL ACTION NO. 5:08-CV-20-DF

JURY TRIAL DEMANDED
CISCO SYSTEMS, INC. and CISCO-LINKSYS, LLC,

Defendants.
DEFENDANTS' SECOND SET OF INTERROGATORIES TO PLAINTIFF PLEASE TAKE NOTICE that, pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, Defendants Cisco Systems, Inc. and/or Cisco-Linksys, LLC (collectively "Cisco") hereby requests that Plaintiff ESN, LLC ("Plaintiff' or "ESN") answer under oath the following interrogatory within thirty (30) days after service.

DEFINITIONS AND INSTRUCTIONS A. "Cisco" or "Defendant" shall mean and refer to Defendant Cisco Systems, Inc.

and Cisco-Linksys, LLC, and their officers, directors, employees, agents, associates, parents, subsidiaries, affiliates, predecessors, successors, and other persons or entities acting for or on their behalf or at their direction.
B. "ESN," "Plaintiff," "you," or "your" shall mean and refer to Plaintiff ESN, LLC

and its officers, directors, employees, agents, attorneys, associates, parents, subsidiaries, affiliates, predecessors, successors, and other persons or entities acting for or on its behalf or at its direction. C. The terms "person" and "persons" shall mean and refer to any natural person,

corporation, company, partnership, association, or any other legal or fictitious entity.

D.

The terms "document" and "documents" shall have the same meaning as the term

"writing" as defined in Federal Rule of Evidence 1001, and shall include within its meaning, by way of example and not limitation, any and all papers, electronic mail, videotapes or video recordings, audio tapes or audio recordings, photographs, films, x-rays, 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 writing or by means of any mechanical or electrical recording devices, 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 the foregoing whether denominated formal, informal or otherwise, as well as copies of the foregoing which differ in any way, including handwritten notations or other written or printed matter of any nature from the original. The foregoing specifically includes electronic mail and other information stored in a computer database and capable of being generated in documentary form, whether such documents are presently in documentary form or not. E. "Communication" shall mean, without limitation, the exchange or transmission of

words, ideas, or information from one or more persons to another person or persons, whether accomplished person to person, by telephone, in writing, via facsimile, via electronic mail, or through any other medium, and shall include but is not limited to discussions, conversations, negotiations, conferences, meetings, speeches, memoranda, letters, correspondence, notes, and statements or questions. F. The terms "any" and "all" shall each mean and include the other; the terms "and"

and "or" shall each mean and include the other; and the singular form of any word and the plural form of the word shall each mean and include the other. G. The " `519 Patent" shall mean and refer to U.S. Patent No. 7,283,519, and all

applications, continuations, continuations-in-part, divisionals, reexaminations, or reissues thereof and all foreign applications and patents which claim the same subject matter.

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H. 1.

The term "including" shall mean including without limitation. The term "identify," when used in an interrogatory requesting that you "identify"

or "state the identity" of a person, means to state that person's full name, last known address, and telephone number, and in the case of a natural person, his/her employer, job title, and job description. J. The term "identify," when used in an interrogatory requesting that you "identify"

or "state the identity" of a document, means to provide a description of the document including the type of document, its location, its author and its subject matter. K. If you contend that you are not required to provide certain communications or

other information called for by these interrogatories on the grounds of a privilege or protection that you are not prepared to waive, pursuant to Federal Rule of Civil Procedure 26(b)(5), provide and identify the following: (i) all persons making or receiving the privileged or protected communication, document or other information; (ii) the steps taken to ensure the confidentiality of the communication, including affirmation that no unauthorized persons have received the communication, document or other information; (iii) (iv) L. the date of the communication, document or other information; and the subject matter of the communication, document or other information.

When an interrogatory requests that you provide information, you are required to

supply all information known by or available to you or your officers, directors, employees, agents, attorneys, associates, parents, subsidiaries, affiliates, predecessors, successors, and other persons or entities acting for or on your behalf or at your direction. If you cannot completely answer the interrogatory after making diligent efforts to do so, please so state. Then describe in detail all efforts made to answer the interrogatory; identify every person involved in such efforts; and state the additional information you need, if any, to respond completely to the interrogatory. A You shall be obligated to supplement your responses to the requests for

production below at such times and to the extent required by Federal Rule of Civil Procedure 26(e).

INTERROGATORIES INTERROGATORY NO. 7: State and describe in detail how the written description and any drawing ( s) of ESN's Provisional Application No. 60 /283,888 support the subject matter claimed in the '519 Patent, including : ( i) the specific identification of any and all disclosures(s) in the provisional
application for each element of each claim in the '519 Patent; and (ii) the specific identification of any and all disclosures(s) in the provisional application that enable a person skilled in the art to which the invention pertains to make and use the invention.

Dated : June 10, 2008

Respectfully submitted,

By:

/s/ Kevin A. Smith

MCKOOL SMITH P.C. SAM BAXTER Texas Bar No. 01938000 [e-mail] 104 E. Houston St., Suite 300 P.O. Box 0 Marshall , Texas 75670 Telephone [phone] Facsimile: [phone]
GARRET W. CHAMBERS Texas State Bar No. 00792160 [e-mail] 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone : [phone] Facsimile : [phone]

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QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP
CHARLES K. VERHOEVEN LEAD COUNSEL Cal. Bar No. 170151 [e-mail] KATHERINE H. BENNETT katherinebennett @ quinnemanuel.com Cal Bar. No. 250175 KEVIN A. SMITH Cal. Bar No. 250814 kevinsmith @ quinnemanuel.com 50 California St., 22nd Floor San Francisco, CA 94111 Telephone : [phone] Facsimile : [phone] VICTORIA F. MAROULIS Cal. Bar No. 202603 (admitted in E.D. Tex.) [e-mail] SAYURI K. SHARPER Cal. Bar No. 232331 [e-mail] 555 Twin Dolphin Dr., Suite 560 Redwood Shores, California 94065 Telephone: [phone]

Facsimile: [phone]

Attorneys for Defendants Cisco Systems, Inc. and Cisco -Linksys, LLC

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CERTIFICATE OF SERVICE I hereby certify that on the date this proof of service is signed below, I served the foregoing: DEFENDANTS' SECOND SET OF INTERROGATORIES TO PLAINTIFF
by email and U.S. Mail, addressed as follows: George P McAndrews Gerald C Willis, Jr Peter J McAndrews Paul McAndrews Thomas J Wimbiscus Matthew N Allison McAndrews Held & Malloy 500 W Madison Street Suite 3400

Chicago, IL 60661
Eric M. Albritton Attorney at Law PO Box 2649 Longview, TX 75606 Thomas John Ward, Jr Ward & Smith Law Firm P O Box 1231

Longview , TX 75606-1231

DATED: June 10, 2008

/ s/ Matthew D. Cannon Matthew D. Cannon