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. 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION MIRROR WORLDS, LLC, Plaintiff, v. APPLE INC., Defendant. APPLE INC., Counterclaim Plaintiff, v. MIRROR WORLDS LLC, MIRROR WORLDS TECHNOLOGIES, INC., Counterclaim Defendants. DECLARATION OF SONAL N. MEHTA IN SUPPORT OF APPLE INC.'S OPPOSITION TO MIRROR WORLDS, LLC'S MOTION TO DISMISS APPLE, INC.'S INEQUITABLE CONDUCT DEFENSES AND COUNTERCLAIMS I, Sonal N. Mehta, declare as follows: 1. I am a member of the State Bar of California and an associate of the law Civil Action No. 6:08-CV-88 LED JURY TRIAL DEMANDED

firm of Weil, Gotshal & Manges LLP, counsel of record for Apple, Inc. in this case. I have personal knowledge of the facts stated in this Declaration and, if called upon as a witness, could and would testify competently thereto. 2. Attached hereto as Exhibit 1 is a true and correct copy of Exhibits 13A-

13D to Defendant's Invalidity Contentions dated November 3, 2008.

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3.

Attached hereto as Exhibit 2 is a true and correct copy of Exhibits 13A-

13D to Defendant's [Proposed] Amended Invalidity Contentions dated May 11, 2009 4. Attached hereto as Exhibit 3 is a true and correct copy of Request for Ex

Parte Reexamination of U.S. Patent 6,006,227 dated April 23, 2009. 5. . Attached hereto as Exhibit 4 is a true and correct copy of Request for Ex

Parte Reexamination of U.S. Patent 6,638,313 dated April 23, 2009. 6. Attached hereto as Exhibit 5 is a true and correct copy of Request for

Inter Partes Reexamination of U.S. Patent 6,725,427 dated April 23, 2009. 7. Attached hereto as Exhibit 6 is a true and correct copy of Request for

Inter Partes Reexamination of U.S. Patent 6,768,999 dated April 23, 2009. 8. Attached hereto as Exhibit 7 is a true and correct copy of Order Granting

Request for Ex Parte Reexamination of U.S. Patent 6,006,227 dated June 1, 2009. 9. Attached hereto as Exhibit 8 is a true and correct copy of Order Granting

Request Ex Parte Reexamination of U.S. Patent 6,638,313 dated June 2, 2009. 10. Attached hereto as Exhibit 9 is a true and correct copy of Order Granting

Request Inter Partes Reexamination of U.S. Patent 6,725,427 dated July 1, 2009. 11. Attached hereto as Exhibit 10 is a true and correct copy of Order Granting

Request Inter Partes Reexamination of U.S. Patent 6,768,999 dated May 22, 2009. 12. Attached hereto as Exhibit 11 is a true and correct copy of Office Action

for U.S. Patent 6,725,427 dated September 28,2009. 13. Attached hereto as Exhibit 12 is a true and correct copy of Office Action

for U.S. Patent 6,768,999 dated May 22, 2009.

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14.

Attached hereto as Exhibit 13 is a true and correct copy of Apple Inc.'s

[Proposed] Third Amended Answer, Affirmative Defenses and Counterclaims. 15. Attached hereto as Exhibit 14 is a true and correct copy of excerpts from

Christopher Hatchell's February 5, 2009 deposition transcript. 16. Attached hereto as Exhibit 15 is a true and correct copy of the redline to

Apple Inc.'s Third Amended Answer, Affirmative Defenses and Counterclaims. Executed on this 16th day of October at Redwood Shores, California. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Dated: October 16, 2009 Respectfully submitted, /s/ Sonal N. Mehta____________ Matthew D. Powers Lead Attorney Steven S. Cherensky Sonal N. Mehta (Pro Hac Vice) Stefani C. Smith (Pro Hac Vice) WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 650-802-3000 (phone) 650-802-3100 (fax) [e-mail] [e-mail] [e-mail] [e-mail] Eric M. Albritton Texas State Bar No. 00790215 ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 [phone] (phone) [phone] (fax) [e-mail] Attorneys for Defendant Apple Inc.

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was filed electronically in compliance with Local Rule CV-5 on this 16th day of October, 2009. As of this date, all counsel of record have consented to electronic service and are being served with a copy of this document through the Court's CM/ECF system under Local Rule CV-5(a)(3)(A). /s/ Sonal N. Mehta Sonal N. Mehta

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