Mirror Worlds, LLC v. Apple, Inc.

Filing 251

RESPONSE in Opposition re #229 MOTION for Summary Judgment OF INVALIDITY OF US PATENT NO. 6,613,101 filed by Apple, Inc.. (Attachments: #1 Text of Proposed Order, #2 Declaration of Steven K. Feiner Ph.D., #3 Exhibit 1 to Declaration of Steven K. Feiner Ph.D., #4 Declaration of Jeffrey G. Randall in Opposition to Motion for Summary Judgment, #5 Exhibit 1 to Randall Declaration, #6 Exhibit 2 to Randall Declaration, #7 Exhibit 3 to Randall Declaration, #8 Exhibit 4 to Randall Declaration, #9 Exhibit 5 to Randall Declaration, #10 Exhibit 6 to Randall Declaration, #11 Exhibit 7 to Randall Declaration, #12 Exhibit 8 to Randall Declaration, #13 Exhibit 9 to Randall Declaration, #14 Exhibit 10 to Randall Declaration, #15 Exhibit 11 to Randall Declaration, #16 Exhibit 12 to Randall Declaration)(Randall, Jeffrey)

Mirror Worlds, LLC v. Apple, Inc.

Doc. 251 Att. 4

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.

Civil Action No. 6:08-cv-88 LED

JURY TRIAL DEMANDED

DECLARATION OF JEFFREY G. RANDALL IN SUPPORT OF APPLE INC.'S OPPOSITION TO MIRROR WORLDS TECHNOLOGIES INC.'S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY OR U.S. PATENT NO. 6,613,101

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. ("Apple"). 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.

-1Dockets.Justia.com

2.

Attached hereto as Exhibit 1 is a true and correct copy of excerpts from Mirror

Worlds Technologies, Inc.'s Responsive Claim Construction Brief on U.S. Patent No. 6,613,101, filed January 9, 2010 (Docket No. 161). 3. Attached hereto as Exhibit 2 is a true and correct copy of Apple Inc.'s Reply

Claim Construction Brief on U.S. Patent No. 6,613,101 (the "Piles" Patent), filed January 18, 2010 (Docket No. 164). 4. Attached hereto as Exhibit 3 is a true and correct copy of Appeal Brief in Support

of Appellants' Appeal to the Board of Patent Appeals and Interferences from the prosecution history for U.S. Patent No. 6,243,724, and bearing production numbers APMW0025579 ­ APMW0025636. 5. 6,613,101 B2. 6. Attached hereto as Exhibit 5 is a true and correct copy of Apple Inc.'s Opening Attached hereto as Exhibit 4 is a true and correct copy of U.S. Patent No.

Claim Construction Brief on U.S. Patent No. 6,613,101 (the "Piles" Patent), filed December 7, 2009 (Docket No. 150). 7. Attached hereto as Exhibit 6 is a true and correct copy of excerpts from the

prosecution history for U.S. Patent No. 6,243,724, bearing production numbers APMW0025565 ­ APMW0025566. 8. Attached hereto as Exhibit 7 is a true and correct copy of U.S. Patent

No. 5,287,448, bearing production numbers APMW0013192 ­ APMW0013202. 9. Attached hereto as Exhibit 8 is a true and correct copy of U.S. Patent

No. 5,060,135, bearing production numbers APMW0001020 ­ APMW0001048.

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10.

Attached hereto as Exhibit 9 is a true and correct copy of a Response to Office

Action from the prosecution history for U.S. Patent No. 6,243,724, bearing production numbers APMW0025487 ­ APMW0025491. 11. Attached hereto as Exhibit 10 is a true and correct copy of excerpts from the

prosecution history for U.S. Patent No. 6,243,724, bearing production numbers APMW0025709 ­ APMW0025710. 12. Attached hereto as Exhibit 11 is a true and correct copy of the Expert Report of

John Levy, Ph.D. Regarding Invalidity of U.S. Patent No. 6,613,101, dated May 20, 2010. 13. Attached hereto as Exhibit 12 is a true and correct copy of excerpts from the

Expert Report of John Levy, Ph.D. Regarding Validity, dated June 4, 2010. I declare under penalty of perjury that the foregoing is true and correct. Dated this 22nd day of July, 2010. /s/ Jeffrey G. Randall Jeffrey G. Randall

LEGAL_US_E # 88972725

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