Mirror Worlds, LLC v. Apple, Inc.

Filing 160

CLAIM CONSTRUCTION RESPONSE BRIEF re: #151 Mirror Worlds' Claim Construction Brief, filed by Apple Inc. (Attachments: #1 Decl. of Stefani C. Smith ISO Apple's Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(Smith, Stefani) Modified on 1/11/2010 (mll, ).

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Mirror Worlds, LLC v. Apple, Inc. Doc. 160 Att. 1 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 STEFANI C. SMITH IN SUPPORT OF APPLE INC.'S CLAIM CONSTRUCTION BRIEF RE MIRROR WORLDS' PATENTS I, Stefani C. Smith, declare as follows: 1. I am a member of the State Bar of California and an attorney 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 A is a true and correct copy of U.S. Patent No. 6,006,227, entitled "Document Stream Operating System," by Freeman et. al. Dockets.Justia.com 3. Attached hereto as Exhibit B 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. 4. Attached hereto as Exhibit C is a true and correct copy of `227 File History Amendment C, Paper 18, dated May 7, 1999. 5. Attached hereto as Exhibit D is a true and correct copy of `227 File History Preliminary Amendment B, Paper 13, dated October 16, 1998. 6. Attached hereto as Exhibit E is a true and correct copy of excerpts from the transcript of the deposition of John Levy, taken December 11, 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 excerpts from Random House Compact Unabridged Dictionary, Special Second Edition, 1996. 9. Attached hereto as Exhibit H is a true and correct copy of excerpts from Merriam Webster's Collegiate Dictionary, Tenth Edition, 1996. 10. Attached hereto as Exhibit I is a true and correct copy of Amendment in Response to First Office Action in Inter Partes Reexamination of U.S. Patent 6,725,427, dated October 28, 2009. 11. Attached hereto as Exhibit J is a true and correct copy of Maurice Mitchell Innov., L.P. v. Intel Corp., 2006 WL 3447632, at *2 (E.D. Tex. Nov. 22, 2006), aff'd, 2007 WL 2777968 (Fed. Cir. Sept. 24, 2007). 2 12. Attached hereto as Exhibit K is a true and correct copy of the transcript of excerpts from the deposition of David Gelernter, taken November 5, 2009. 13. Attached hereto as Exhibit L is a true and correct copy of the transcript of excerpts from the deposition of David Gelernter, taken June 18, 2009. Executed on this 9th day of January 2010 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. Respectfully submitted, /s/ Stefani C. Smith____________ 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) matthew.powers@weil.com steven.cherensky@weil.com sonal.mehta@weil.com stefani.smith@weil.com 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) ema@emafirm.com Attorneys for Defendant and Counterclaim Plaintiff Apple Inc. 3

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