Mirror Worlds, LLC v. Apple, Inc.

Filing 205

MOTION to Strike the Surprise Expert Reports of John Levy, Ph.D. on the Purported Invalidity and Non-Infringement of U.S. Patent No. 6,613,101 by Apple, Inc.. (Attachments: #1 Text of Proposed Order, #2 Declaration of Jeffrey G. Randall ISO Motion to Strike, #3 Exhibit A to Randall Declaration, #4 Exhibit B to Randall Declaration, #5 Exhibit C to Randall Declaration, #6 Exhibit D to Randall Declaration)(Randall, Jeffrey)

Mirror Worlds, LLC v. Apple, Inc.

D

Doc. 205 Att.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION MIRROR WORLDS, LLC, Plaint iff, v. APPLE INC., Defendant. APPLE INC., Counterclaim Plaintiff, v. MIRROR WORLDS, LLC, MIRROR WORLDS TECHNOLOGIES, INC., Counterclaim Defendants. JURY TRIAL DEMANDED Civil Action No. 6:08-cv-88 LED

DECLARATION OF JEFFREY G. RANDALL IN SUPPORT OF DEFENDANT AND COUNTERCLAIM PLAINTIFF APPLE INC.'S MOTION TO STRIKE THE SURPRISE EXPERT REPORTS OF JOHN LEVY, PH.D. ON THE PURPORTED INVALIDITY AND NON-INFRINGEMENT OF U.S. PATENT NO. 6,613,101

DECLARATION OF J. RANDALL IN SUPPORT OF APPLE'S MOTION TO STRIKE EXPERT REPORTS OF JOHN LEVY, PH.D.

Case No. 6:08­CV­88 LED ockets.Justia.com

I, Jeffrey G. Randall, hereby declare as follows: 1. I am a partner at the law firm of Paul, Hastings, Janofsky & Walker LLP, counsel

for Defendant and Counterclaim Plaintiff Apple Inc. The facts stated in this Declaration are true and correct of my own personal knowledge, and if called as a witness, I could and would competently testify thereto. 2. Attached hereto as Exhibit A is a true and correct copy of correspondence dated

August 27, 2009, from Sonal Mehta to Richard An and correspondence dated August 28, 2009, fro m Richard An to Sonal Mehta. 3. Attached hereto as Exhibit B is a true and correct copy of correspondence dated

May 16, 2010, from Kenneth Stein to Allan Soobert. 4. Attached hereto as Exhibit C is a true and correct copy of May 20, 2010 Expert

Report of John Levy, Ph.D., Regarding Invalidity of U.S. Patent No. 6,613,101. 5. Attached hereto as Exhibit D is a true and correct copy of the June 4, 2010 Expert

Report of John Levy, Ph.D., Regarding Non-Infringement. I declare under penalty of perjury that the foregoing is true and correct. Dated this 14th day of June, 2010.

/s/ Jeffrey G. Randall Jeffrey G. Randall

LEGAL_US_E # 88464961.1

DECLARATION OF J. RANDALL IN SUPPORT OF APPLE'S MOTION TO STRIKE EXPERT REPORTS OF JOHN LEVY, PH.D.

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Case No. 6:08­CV­88 LED