Mirror Worlds, LLC v. Apple, Inc.

Filing 156

MOTION for Partial Summary Judgment of Invalidity for Indefiniteness Under U.S.C. Section 112 paragraph 2 by Apple, Inc.. (Attachments: #1 Text of Proposed Order, #2 Affidavit Declaration of Sonal N. Mehta, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit lH, #11 Exhibit I)(Cherensky, Steven)

Mirror Worlds, LLC v. Apple, Inc.

Doc. 156 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 MOTION FOR PARTIAL SUMMARY JUDGMENT OF INVALIDITY FOR INDEFINITENESS UNDER 35 U.S.C. § 112 ¶ 2 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.

Dockets.Justia.com

2.

Attached hereto as Exhibit A is a true and correct copy of Fargo

Electronics, Inc. v. Iris Ltd., Inc., No. 04-1017 (JRT/FLN), 2005 WL 3241851 (D.Minn. Nov. 30, 2005). 3. Attached hereto as Exhibit B is a true and correct copy of Maurice

Mitchell Innovations, L.P. v. Intel Corporation., No. 2:04-CV-450, 2006 WL 3447632 (E.D.Tex. Nov. 22, 2006). 4. Attached hereto as Exhibit C is a true and correct copy of Maurice

Mitchell Innovations, L.P. v. Intel Corporation., No. 2007-1108, 249 Fed.Appx. 184, 2007 WL 2777968 (C.A.Fed. Sep. 24, 2007). 5. Attached hereto as Exhibit D is a true and correct copy of excerpts from

the transcript of the deposition of John Levy, taken December 11, 2009. 6. Attached hereto as Exhibit E is a true and correct copy of the Declaration

of John Levy, Ph.D. Regarding Claim Construction, dated November 27, 2009. 7. Attached hereto as Exhibit F is a true and correct copy of the Expert Nos. 6,006,227; 6,638,313;

Report of Dr. Feiner re: Claim Construction of U.S. Patent 6,725,427; 6,768,999. 8.

Attached hereto as Exhibit G is a true and correct copy of the

Memorandum Opinion and Order from i4i Ltd. Partnership v. Microsoft Corp., No. 6:07CV113, (E.D. Tex.), dated April 10, 2008. 9. Attached hereto as Exhibit H is a true and correct copy of U.S. Patent No.

6,006,227, entitled "Document Stream Operating System," by Freeman et. al.

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10.

Attached hereto as Exhibit I is a true and correct copy of U.S. Patent No.

6,725,427, entitled "Document Stream Operating System with Document Organizing and Display Facilities," by Freeman et. al. Executed on this 22nd day of December 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: December 22, 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 903-757-8449 (phone) 903-758-7397 (fax) [e-mail] Attorneys for Defendant Apple Inc.

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