Mirror Worlds, LLC v. Apple, Inc.

Filing 309

MOTION To Limit the Number of Asserted Claims by Apple, Inc.. (Attachments: # 1 Affidavit of Jeffrey G. Randall, # 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 Text of Proposed Order)(Randall, Jeffrey)

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Mirror Worlds, LLC v. Apple, Inc. Doc. 309 Att. 7 EXHIBIT F Dockets.Justia.com Page 1 of 7 Moore, Kim From: Sent: To: Cc: Soobert, Allan M. Monday, August 02, 2010 4:01 PM Solo, Alex MW_v_Apple; Mirror Worlds Subject: RE: Mirror Worlds v. Apple: Withdrawal of Pending Motions Alex, Thanks for your email. With respect to your comments on the Joint Motion for Leave to Amend The Parties' Invalidity Contentions and to Withdraw Related Motions (Docket Nos. 196, 200, 205 and 215), we generally concur with your stated understanding, with the following clarifications. On point 1), the parties have agreed that there is good cause to amend their respective invalidity contentions and add the new prior art, not merely that it is timely. While Apple is willing to discuss limiting the specific prior art references that it will ultimately assert at trial, it is difficult to have that discussion in the abstract, without knowing what claims Mirror Worlds will ultimately assert at trial. Apple therefore reserves its right to move the Court to limit the number of claims that Mirror Worlds may assert at trial, if Mirror Worlds does not reasonably limit its asserted claims. On point 2), we note that this is a new issue that was not part of the parties' agreement. Nevertheless, Apple agrees that the Snow Leopard, iPad and Safari products released since the commencement of the litigation are within the scope of Mirror World's infringement contentions. While Apple does not "contest" that these newlyreleased products are thus accused infringing products in this case (as part of the parties' global agreement), Apple reserves all defenses with respect to these products, including that these products are not covered by any valid claim in the Mirror Worlds' patents. In light of this understanding, please let us know if we have your agreement to file the Joint Motion for Leave to Amend The Parties' Invalidity Contentions and to Withdraw Related Motions (Docket Nos. 196, 200, 205 and 215), Thanks, Allan From: Solo, Alex [mailto:asolo@stroock.com] Sent: Monday, August 02, 2010 2:09 PM To: Mirror Worlds Cc: MW_v_Apple Subject: RE: Mirror Worlds v. Apple: Withdrawal of Pending Motions Thank you Christian. You have our agreement to proceed with filing the Joint Motion to Amend the Docket Control Order. From: Platt, Christian [mailto:christianplatt@paulhastings.com] Sent: Monday, August 02, 2010 1:54 PM To: Solo, Alex; Mirror Worlds Cc: MW_v_Apple Subject: RE: Mirror Worlds v. Apple: Withdrawal of Pending Motions Alex- 8/13/2010 Page 2 of 7 Regarding the parties' Joint Motion to Amend the Docket Control Order, the August 17, 2010 deadline for objections to rebuttal testimony and August 20, 2010 deadline for pretrial objections were already set in prior orders. (Doc. Nos. 32, 186.) Therefore, there is no need to include these dates in our Motion. Please confirm that we can proceed with filing the Joint Motion to Amend the Docket Control Order. We will move forward with filing the Joint Motion for Additional Time for Summary Judgment Replies and Opposition to Mirror Worlds' Motion in Limine. We are reviewing your comments on the Joint Motion to Amend the Parties' Invalidity Contentions and To Withdraw Related Motions and will respond to you shortly. Best regards Christian From: Solo, Alex [mailto:asolo@stroock.com] Sent: Monday, August 02, 2010 9:45 AM To: Mirror Worlds Cc: MW_v_Apple Subject: RE: Mirror Worlds v. Apple: Withdrawal of Pending Motions Christian, Below please find our comments regarding the motions that the parties are hoping to file today. Motion to Amend Docket Control order: The motion seems to be missing several of the agreed-upon dates. We generally agreed to the following dates: August 6, 2010 Pretrial Disclosures due Video and Stenographic Deposition Designation due. Each party who proposes to offer deposition testimony shall file a disclosure identifying line and page numbers to be offered. August 13, 2010 Rebuttal Designations and Objections to Deposition Testimony due. C examination line and page numbers to be included. In video depositio each party is responsible for preparation of the final edited video in accordance with their parties' designations and the Court's rulings on objections. Objections to Rebuttal Deposition Testimony due Pretrial Objections due Joint Pretrial Order, Joint Proposed Jury Instructions with citation to au and Form of the Verdict for jury trials. Proposed Findings of Fact and Conclusions of Law with citation to authority for issues tried to the benc August 17, 2010 August 20, 2010 August 20, 2010 However, your proposed motion only lists: August 5, 2010 August 6, 2010 Pretrial Disclosures due. Video and Stenographic Depositio 8/13/2010 Page 3 of 7 August 12, 2010 August 13, 2010 August 2, 2010 August 20, 2010 Designation due. Each party who proposes to offer deposition testim shall identify the line and page num to be offered. Rebuttal Designations and Objectio Deposition Testimony due. Cross examination line and page number included. In video depositions, eac party is responsible for preparation final edited video in accordance wi their parties' designations and the Court's rulings on objections. Joint Pretrial Order, Joint Proposed Instructions with citation to author Form of the Verdict for jury trials d Proposed Findings of Fact and Conclusions of Law with citation t authority for issues tried to the ben due. If the missing dates are an oversight, could you please include them. Otherwise, could you please clarify your position. Motion for Additional time for SJ Replies and Motion in Limine: We agree with this motion. Joint Motion For Leave To Amend The Parties' Invalidity Contentions And To Withdraw Related Motions (Docket Nos. 196, 200, 205, And 215) We are generally in agreement with respect to the format and content of this motion. However, prior to filing, we want to clarify certain understandings. 1) Mirror Worlds agrees not to contest the new art on timeliness basis, but reserves all rights to otherwise contest that art. For example, Apple has requested that Mirror Worlds reduce the number of claims for trial in order to make it manageable. Similarly, Mirror Worlds expects that Apple will reduce the amount of art it plans to assert. If an agreement is not reached, Mirror Worlds reserves the right to move the court to limit the number of prior art references. 2) Mirror Worlds understands that Apple will not contest Mirror Worlds infringement contentions with respect to the products released since the commencement of the litigation (e.g., Snow Leopard, iPad, Safari), which Mirror Worlds believes fall within the scope of the language used in the initial infringement contentions. If our understanding is not correct, are you available to speak this afternoon? Best regards, Alex _____________________________ Alexander Solo Stroock & Stroock & Lavan LLP 180 Maiden Lane 8/13/2010 Page 4 of 7 New York, NY 10038 Tel: (212) 806 - 6031 Fax: (212) 806 - 9031 _____________________________ This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient is prohibited. If you have received this e-mail in error, please: (1) reply to the sender; (2) destroy this communication, including deletion of all associated files from all individual and network storage devices; and (3) refrain from copying or disseminating this communication by any means whatsoever. From: Platt, Christian [mailto:christianplatt@paulhastings.com] Sent: Saturday, July 31, 2010 11:29 AM To: Solo, Alex; Mirror Worlds Cc: MW_v_Apple Subject: RE: Mirror Worlds v. Apple: Withdrawal of Pending Motions AlexAttached please find proposed filings relating to (1) the Amended Docket Control Order as well as the extensions with respect to the Replies on the Motions for Summary Judgment and the Opposition to MW's Motion in Limine. Please let us know if we have your approval to file. We would like to file all of these joint motions/withdrawals as soon as possible. If your team is able to get back to us over the weekend, we would appreciate it. Best regards Christian From: Solo, Alex [mailto:asolo@stroock.com] Sent: Friday, July 30, 2010 6:31 PM To: Mirror Worlds Cc: MW_v_Apple Subject: RE: Mirror Worlds v. Apple: Withdrawal of Pending Motions Christian, We were hoping to address this email today, but unfortunately we'll have to get back to you by Monday. Best regards, Alex _____________________________ Alexander Solo Stroock & Stroock & Lavan LLP 180 Maiden Lane New York, NY 10038 Tel: (212) 806 - 6031 Fax: (212) 806 - 9031 8/13/2010 Page 5 of 7 _____________________________ This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient is prohibited. If you have received this e-mail in error, please: (1) reply to the sender; (2) destroy this communication, including deletion of all associated files from all individual and network storage devices; and (3) refrain from copying or disseminating this communication by any means whatsoever. From: Platt, Christian [mailto:christianplatt@paulhastings.com] Sent: Friday, July 30, 2010 5:38 PM To: Solo, Alex Cc: Mirror Worlds; MW_v_Apple Subject: Mirror Worlds v. Apple: Withdrawal of Pending Motions AlexFollowing up on our call, attached please find drafts of pleadings to resolve the 6 pending motions that we've been discussing over the past few weeks: Joint Notice of Withdrawal of Motions to Compel Joint Motion for Leave to Amend Invalidity Contentions and Withdrawal of Related Motions Exhibit 1 to Joint Motion for Leave to Amend and Withdraw (July 26, 2010 email) Proposed Order Granting Leave to Amend Invalidity Contentions and Withdraw Related Motions Please let us know if we have your approval to file the attached documents. We'd like to get these on file today. We will also be circulating a proposed Joint Motion to Amend the Docket Control Order and extend the respective deadlines for the summary judgment reply briefs and opposition to Mirror Worlds' motion in limine shortly. Best regards Christian ____________________________________________________ S. Christian Platt, Partner | Paul, Hastings, Janofsky & Walker LLP | 4747 Executive Drive, 12th Floor, San Diego, CA 92121 | direct: 858 458 3034 | direct fax: 858 458 3134 | main: 858 458 3000 | main fax: 858 458 3005 | christianplatt@paulhastings.com | www.paulhastings.com _________________________________________________________ ********************************************************* IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that any written tax advice contained herein was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code. ********************************************************* This message is sent by a law firm and may contain information that is privileged or confidential. If you 8/13/2010 Page 6 of 7 received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments. For additional information, please visit our website at www.paulhastings.com. =================================================================== IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the I advice contained in this communication (including any attachment th intended or written to be used, and cannot be used, for the purpose Revenue Code or (ii) promoting, marketing or recommending to anothe ===================== ==================== ===================== ===== _____________________ ____________________ ________________ ********************************************************* IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that any written tax advice contained herein was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code. ********************************************************* This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments. For additional information, please visit our website at www.paulhastings.com. ========================================================================= IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS in advice contained in this communication (including any attachment that doe intended or written to be used, and cannot be used, for the purpose of (i Revenue Code or (ii) promoting, marketing or recommending to another part ===================== ==================== ===================== =========== _____________________ ____________________ ________________ ********************************************************* IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that any written tax advice contained herein was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code. ********************************************************* This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments. 8/13/2010 Page 7 of 7 For additional information, please visit our website at www.paulhastings.com. =============================================================================== IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS in Circul advice contained in this communication (including any attachment that does not intended or written to be used, and cannot be used, for the purpose of (i) avoi Revenue Code or (ii) promoting, marketing or recommending to another party any =============================================================================== 8/13/2010

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