Mirror Worlds, LLC v. Apple, Inc.

Filing 135

RESPONSE in Opposition re #132 SEALED MOTION to Dismiss Apple's Inequitable Conduct Defenses and Counterclaims filed by Apple, Inc.. (Attachments: #1 Text of Proposed Order, #2 Affidavit of Sonal N. Mehta, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15)(Mehta, Sonal)

Mirror Worlds, LLC v. Apple, Inc.

Doc. 135 Att. 16

EXHIBIT 14

Dockets.Justia.com

Page 1 UNITED STATES DISTRICT COURT for the EASTERN DISTRICT OF TEXAS TYLER DIVISION CIVIL ACTION NO. 6:08-CV-88 LED - - - - - - - - - - - - - - - -X MIRROR WORLDS, LLC, Plaintiff, vs. APPLE INC., Defendant. - - - - - - - - - - - - - - - -X

DEPOSITION The videotaped deposition of CHRISTOPHER HATCHELL was taken pursuant to Notice at the offices of Yale University Office of the Vice President and General Counsel, 2 Whitney Avenue, 6th Floor, New Haven, Connecticut, before Viktoria V. Stockmal, RMR, CRR, license #00251, a Notary Public in and for the State of Connecticut, on Thursday, February 5, 2009 at 9:10 a.m.

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Christopher Hatchell office in the period of the late 1980s to the mid 1990s? and they came to the business office, would there be someone standing or sitting in the business office to help them? MR. AN: Objection. Form. A As best I can recall, yes. Q If someone came to the main -- I'm sorry. If someone came to the business office during the late 1980s to the mid 1990s? and talked to somebody who was staffed in that office and asked to see what technical reports had been published by the computer science department, would they be given that information? A I don't know. Q Are you aware of any limitation on showing or telling visitors about what technical reports have been published by the computer science department during the period of the late 1980s to the mid 1990s? MR. AN: Objection. Form. A What do you mean by limitation? Q I'll ask it a different way. Were there any restrictions on telling visitors in the computer science department what technical reports had been published as of the late 1980s or 1990s? MR. AN: Same objection.

Christopher Hatchell A I don't know. Q But you can't think of a reason why they wouldn't be? MR. AN: Objection. Form. A I really don't know the answer to that question. Q I'll ask it a slightly different way. I think I get what the confusion is. A Yes, yes. Q Are you aware of any reason why somebody visiting with the computer science department in the mid 1980s to the -- Strike that. Are you aware of any reason why someone visiting the computer science department in the late 1980s to the mid 1990s? wouldn't be told what technical reports had been published by the department if they were requesting that information? MR. AN: Objection. Form. A I'm not aware. Q In fact it was true that in the mid -- in the late 1980s to the mid 1990s? technical reports were available to people who requested them, right? MR. AN: Objection. Form. A Yes.

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Christopher Hatchell A Not that I know of. Q So you sitting here today, you're not aware of any reason why a visitor to the computer science department in the late 1980s to the mid 1990s? who requested information about what technical reports had been published wouldn't be told what technical reports had been published? MR. AN: Objection. Form. A I'm sorry -Q I'll ask it again. A Can you make that a little bit more succinct? Q That was a long question. A Please. Q And we have to be careful not to talk over each other, too. A I'm sorry. Q It's all right. I do the same thing. But I'll ask the question again. Sitting here today, can you think of any reason why a visitor to the computer science department from the late 1980s to the mid 1990s? who is requesting information about technical reports wouldn't be told what technical reports had been published by the computer science department?

Christopher Hatchell Q And so it would also be true that in that period, if someone was requesting information about what technical reports were available for request, they would also be told that information? MR. AN: Objection. Form. A From -- I'm sorry, would you please repeat that? Because -Q Sure. Don't apologize. We have to get the record clear. A Right. Q So if you ever need clarification. Don't hesitate to ask. I'll restate the question. You just said that it was true that in the late 1980s to the mid 1990s? technical reports were available for distribution to people who requested them? A Yes. Q And as a corollary to that, it would also be true that if someone was requesting information about what technical reports were available, that that information would also be made available to them? MR. AN: Objection. Form. A Well if it were addressed -- the question were addressed to me about the technical reports that were under my control, yes.

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Christopher Hatchell bottom Yale University Department of Computer Science? A Yes. Q And there's a window above that that has the title and the authors, the technical report number and the date; correct? A Yes. Q Is this the binding that you were talking about for technical reports during your testimony this morning? MR. AN: Objection. Form. A Yes. Q So when you would submit a technical report for copy to the Science Park copy center, it would come back with a binding that appears as the first page of Hatchell Exhibit 3? MR. AN: Objection. Form. A Yes. Q Now you also mentioned this morning that the title, authors, technical report number and date that appear here through the window on the cover page are the same as the information that would be marked in the binder of technical report bibliography; is that right? A Yes. Q So the date that's listed here on the front page of Hatchell Exhibit 3 would be the date that you

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Christopher Hatchell with the subpoena issued to you in this case? A Yes. Q And did you provide any folders containing distributions of technical reports relating to the Lifestreams project to your counsel for production in this case? A Yes. (Deposition Exhibit 4 was marked for identification: Copies of requests for Lifestreams technical reports, YALE 415 to 424.) BY MS. MEHTA: Q I'm going to hand you what's been marked as Hatchell Exhibit 4. If you could take a look at that and let me know when you're ready. A Okay. Q Can you tell me what Exhibit 4 is? A Yes. These are copies of requests for Lifestreams technical reports. Q And on the front page it says Lifestreams TR-1076; do you see that? MR. AN: Objection. Form.
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Christopher Hatchell assigned to the technical report in the binder; is that correct? A Yes. Q And that would also be the date at which time you were provided the technical report by the author? A Yes. Q And that would also be the date within a week of which the technical report would be available for distribution to someone who requested it; is that correct? MR. AN: Could I have that question read back, please? (Whereby, the pertinent question was read.) MR. AN: Objection. Form. A Yes. Q You mentioned earlier today, Mr. Hatchell, that you had inside file cabinets outside of your office, folders for each technical report relating to the Linda Group where you maintained records of copies of technical reports that were distributed; correct? MR. AN: Objection. Form. A Yes. Q Did you search for those folders in conjunction

Christopher Hatchell A Yes. But I think that's 1096. Q Ah, thank you for that clarification. It's a little hard to read that. Okay, so is this exhibit, Exhibit 4, records of distributions of technical report 1096? A Only to these three people on this page. This is not a cover page for the rest of them. Q Okay. And for the other document -- or the e-mails that are identified here in Hatchell Exhibit 4, those would be for different Lifestreams technical reports? A Yes. Q You mentioned earlier that you maintain a different folder for each of the technical reports for your distribution records -- Let me restate that. You mentioned earlier that you would maintain a different folder for the distribution records for each technical report; do you recall that? A Yes. Q How many folders do you have for technical reports relating to Lifestreams? A I don't know. Q When you searched for documents in your two file cabinets, how many folders did you find that

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Christopher Hatchell MR. AN: Hold on a second. Just to speed this along, I'll agree to let him answer that question if you agree that it will not constitute a waiver of any attorney-client privilege. MS. MEHTA: That's fine. For that question. A Okay, may I have the question again, please? (Whereby, the pertinent question was read.) A Not that I recall. Q Now the next sentence says: The list containing bibliographic information about the technical report from which the technical report number was determined is kept in a locked file in the Office of Computer Science at Yale University. Do you see that? A Yes. Q What is the list containing bibliographic information about the technical report that's referred to in that sentence? A I assume it's the binder that we were talking about. Q And it says -- Do you know for a fact that this is referring to the binder? A I don't know for a fact, no.
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Christopher Hatchell A Yes, it is not accurate. Q And you never told anyone that they should tell the patent office that the list containing bibliographic information about the technical report was kept in a locked file in the Office of Computer Science? A To the best of my knowledge, I did not. Q And it wasn't true? MR. AN: Wait. Hold on. Objection. Form. Go ahead, you can answer the question. A And -Q The question was? And it's not true that the list containing bibliographic information about the technical report is kept in a locked file in the Office of Computer Science? A No. If they are referring to -- If this references to the loose leaf binder, no. Q When we were speaking before lunch about -Actually let me ask you one more question about that last exhibit which is Hatchell Exhibit No. 10. Had you ever seen that before today? A I don't believe so, no. Q We were talking before lunch about Dr. Gelernter.
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Christopher Hatchell Q But that's your assumption? A That is my assumption. Q Now the binder is not kept in a locked file in the Office of Computer Science at Yale University, is it? MR. AN: Objection. Form. A No, it is not. Q Are you aware of any list containing bibliographic information about the technical report that is kept in a locked file in the Office of Computer Science at Yale University? MR. AN: I'm sorry, can you repeat that question? (Whereby, the pertinent question was read.) A No, I'm not. Q So as far as you know, the last sentence here: Further, the list containing the bibliographic information about the technical report from which the technical report number was determined is kept in a locked file in the Office of Computer Science at Yale University. As far as your knowledge goes, that statement is not accurate? MR. AN: Objection. Form.

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Christopher Hatchell A Yes. Q And you mentioned that he's on a leave of absence right now. A Yes. Q Sabbatical. Do you know why he's on sabbatical right now? A I don't. Q Do you know where he is? A No. Q You said that you spoke with him earlier this year? MR. AN: Objection. Form. A Yes. Q What did you talk about? A He gave me -- He was in briefly to his office and gave me some papers he had graded from his course last term that the papers -- that the students from that course would come by my office to pick up. Q Did you talk about anything else? A No. Q Did you talk about his sabbatical? A No. Q You mentioned earlier today that one of your responsibilities as senior administrative assistant, and

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HATCHELL EXHIBITS FOR IDENTIFICATION Exhibit Description Page Line 9 Assignment, YALE000001 163 18 10 Information disclosure statement, 190 22 227 CFH 384 11 Inventors agreement for 229 11 distribution of patent income, YALE966 EXHIBITS RETAINED BY THE COURT REPORTER

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CERTIFICATE STATE OF CONNECTICUT ) ) SS NEWTOWN COUNTY OF FAIRFIELD ) I, VIKTORIA V. STOCKMAL, a Notary Public duly commissioned and qualified in and for the county of New Haven, State of Connecticut, do hereby certify that pursuant to the notice of deposition, the said witness came before me at the aforementioned time and place and was duly sworn by me to testify to the truth and nothing but the truth of his knowledge touching and concerning the matters in controversy in this cause; and his testimony reduced to writing under my supervision; and that the deposition is a true record of the testimony given by the witness. I further certify that I am neither attorney of nor counsel for, nor related to or employed by any of the parties to the action in which this deposition is taken, and further that I am not a relative or employee of any attorney or counsel employed by the parties thereto, or financially interested in the action. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal this 16th day of February, 2009. ______________________________________ VIKTORIA V. STOCKMAL, RMR, CRR Notary Public CSR License #00251 My commission expires October, 2010.

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