Mirror Worlds, LLC v. Apple, Inc.

Filing 34

NOTICE by Apple, Inc. Notice of Subpoenas to Yale University, Dr. David Gelernter, Dr. Nicholas Carriero, Mr. Christopher Hatchell and Ms. Nancy Pellegrino (Attachments: # 1 Attachment)(Mehta, Sonal)

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Mirror Worlds, LLC v. Apple, Inc. Doc. 34 Att. 1 Issued by the United States District Court DISTRICT OF CONNCTICUT MIROR WORLDS, LLC, Plaintiff v. APPLE INC., SUBPOENA IN A CIVIL CASE CASE NUMBER:1 6:08 cv 88 LED Texas, Tyler Division) (Eastern Distrct of Defendant. TO: Yale University President's Offce PO Box 208229 New Haven, CT 06520-8229 D YOU AR COMMANED to appear in the United States Distrct Cour at the place, date, and time specified below to testify in the above case. PLACE OF TESTIMONY COURTROQM DATE AND TIME 0' YOU AR COMMANED to appear at the place, date, and time specified below to testifY ätthe taking of a deposition in the above case on the following topics: See Attachment B. .._-PLACE OF DEPOSlTON , Wei DATE AND TIME i Gotshal & Manges, LLP 767 Fifth Avenue New York, NY 10022 October 28, 2008 9:30 am 0' YOU AR COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date, and time specified below (list documents or objects): See Attachment A. PLACE DATE AND TIME Weil Gotshal & Manges, LLP 767 Fifth Avenue New York, NY 10022 YOU AR COMMANED to permit inspection of October 20, 2008 9:30 am the following premises at the date and time specified below. DATE AND TIME PREMISES Any organization not a part to this suit that is subpoenaed for the taking of a deposition shall designate one or more offcers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person de§.ignated, the matters on which the person will testify. Federal Rules of Civil Procedure. 30(b)(6). '"'u"'o o~m" ATIO""V eo.,,,,,," ORO,","OANn A TTOKl)I Y .r OR DEFENDANT APPLE INC. ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER DATE October 2, 2008 Sonal N. Mehta, Weil, Gotshal & Manges LLP, 201 Redwood Shores Parkway, Redwood Shores, CA 94065; Telephone (650) 802-3000 (See Rule 45, Federal Rules of Civil Procedure Parts C & D on Reverse) i If action is pending in district other than district of issuance, state district under case number. PROOF OF SERVICE Dockets.Justia.com DATE PLACE SERVED SERVED ON (PRIT NAME) MANER OF SERVICE SERVED BY (pRIT NAME) TITLE DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is tre and correct. Executed on DATE SIGNATURE OF SERVER ADDRESS OF SERVER Rule 45, Federal Rules of Civil Procedure, Part C & D: that, subject to (e) PROTE.eTlON OFPERSONSSÜBJECT TO SUBPOENAS. (I) A party or an attorney respûQsibl.e for the issuance and service of a subpoena shall .: t\Ùereaspnabiesteps to avoid )mpó~ipg ~ndue burden or expense on a person subject to that subpoena. The .cour on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, wb'irimay i¡¡duâe, but ISnof Hmitêdlò, löst eamitigsand a reasonable attorney's fee. (2)(A) . A the provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend tral be commanded to travel from any such place within the state in which the tral is held, or (iii) requires disclosure of privileged or other prbtected matter and no exception or waiver applies, or r (iv) subjects a person to undue burden: person commanded to produce and permit inspection and copying of (B) Ifa subpoena designated. books; papers,' documents, or tangible things, or inspection of premises need nòt appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or tral. or c.ommerciaI information, or i study made not at the (i) requires disclosure of a trde secret or other confidentiàlresearch, development, (ii) required disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service the of subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the pary or attorney designated in the subpoena written objection to inspection or request of any party, or (iii) requires a person who is not a party or an officer of a pary to incur substantial or affected by the subpoena, quash or modify the subpoena or, if the expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to copying of any or all of the designated materials or of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the. materials or party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the pary serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a pary or an offcer of a pary from significant expense resulting from the inspection and compensated, the court may' order appearance or production only upon specified conditions. copying commanded. (d) DUTIES IN RESPONDING TO SUBPOENA. (1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course business or shall organize and label them to correspond of (3)(A) On timely motion, the cour by which a subpoena was issued shall quash or modify the subpoena if it with the categories in the demand. (2) When information subject to a subpoena is withheld on a claim that is privileged or subject to protection as tral preparation materials, the claim shall be made expressly and more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except (i) fails to allow reasonable time for compliance; (ii) requires a person who is not a part or an offcer of a party to travel to a place shall be supported by a description of the nature of the documents, communications, or things not produced that is suffcient enable the demanding party to contest to the claim. 2 ATTACHMENT A Pursuant to Rule 45 of the Federal Rules of Civil Procedure, Defendant and Counterclaim ant Apple Inc. hereby requests that Yale University produce for inspection and copying the documents and things requested. DEFINITIONS 1. "You" and "Your" mean Yale University, its predecessors, successors, divisions, departments, and other organizational and operating units of any of the foregoing, and all past and present directors, officers, employees, agents, affiliates, representatives (including consultants and attorneys), and others purporting to act on its behalf. 2. "Mirror Worlds" means Mirror Worlds LLC, Mirror Worlds Technologies, Inc., Lifestreams, Inc., Abacus Ventures, Recognition Interface, Inc., Recognition Interface LLC, Plainfield Specialty Holdings I, Inc., their predecessors, successors, past and present parents, subsidiaries, divisions, departments, and other organizational and operating units of any of the foregoing, and all past and present directors, officers, employees, agents, affliates, representatives (including consultants and attorneys), and others purporting to act on their behalf. 3. "Dr. Gelernter" means Dr. David Gelernter, Ph.D., or anyone working on his behalf. 4. "Dr. Carrero" means Dr. Nicholas Carero, Ph.D., or anyone working on his behalf. 5. 6. 7. 8. "Dr. Freeman" means Dr. Eric Freeman, Ph.D., or anyone working on his behalf. "Scott Fertig" means Scott Fertig, or anyone working on his behalf. "Randy Prager" means Randy Prager, or anyone working on his behalf. "Peter Sparago" means Peter Sparago, or anyone working on his behalf. 9. "Chrstopher Hatchell" means Chrstopher Hatchell, or anyone working on his behalf. 10. "Nancy Pellegrno" means Nancy Pellegrno, or anyone working on her behalf. 11. The "Lifestreams Proj ect" means all research, writing or work relating to the Yale Lifestreams Project (including without limitation as described at http://csww.cs.yale.edu/homes/freemanlifestreams.html), or to research, writing or work relating to lifestreams by anyone associated with You or anyone affliated with You, including without limitation, Dr. Gelemter, Dr. Carero, Dr. Freeman, Scott Fertig, Randy Prager or Peter Sparago. 12. The "Patents-in-Suit" means all patents asserted or to be asserted in the future by Mirror Worlds in this action, including, without limitation, U.S. Patent No. 6,006,227 ("'227 patent"), U.s, Patent No. 6,638,313 ('''313 patent"), U.S. Patent No. 6,725,427 ("'427 patent"), and U.s. .Patent ;No.6, 768,999 ("'999 patent"), individually and collectively. 13,"Related Patents" means all patents and patent applications relating to any of the Patents-in-Suit, including any patents or patent applications (including all published and unpublished pending and abandoned applications) from or through which any of the Patents-in- Suit claim priority, any patents or patent applications (including all published and unpublished pending and abandoned applications) that claim priority from or through any of the Patents-in- Suit, and any foreign counterpart patents or patent applications (including all published and unpublished pending and abandoned applications) of any of the foregoing. 14. "Document" shall have the meaning set forth in Federal Rule of Civil Procedure 34, and shall include without limitation, information stored in electronic, magnetic, or optical media, drafts, all translations of documents, and all materials relating to communications. 2 15. "Communication" means any form of oral or written interchange or attempted interchange, whether in person, by telephone, by facsimile, by telex, by electronic mail, or by any other medium. 16. "Concerning" means pertaining to, referrng to, and/or relating to the matter specified. INSTRUCTIONS 1. This request seeks production of all documents and things described in the request which are in your possession, custody or control, whether prepared by you or anyone else, and in any location they may exist. 2. . If you withhold any document or any portion thereof on a claim of privilege, provide a privilege log pursuant to Fed. R. Civ. P. 26. 3. If you contend that a portion of a document. contains information which is immune from discovery, then produce the document with the immune portion redacted therefrom and describe the redacted portion in a privilege log pursuant to Fed. R. Civ. P. 26 (b)(5). 4. The words "and" and "or" shall be used conjunctively or disjunctively, whichever makes the request more inclusive. 5. The words "any," "all," or "each" shall be construed as "any, all, and each" inclusively. 6. The singular form of a word shall include the plural and vice versa. 3 REQUESTS FOR DOCUMENTS AND THINGS REQUEST NO.1: All documents and things concerning the identity, title, position and role of persons who worked on the Lifestreams Project. REQUEST NO.2: All documents and things concerning Your, Dr. Gelernter's, Dr. Carero's, Dr. Freeman's, Scott Fertig's, Randy Prager's, Peter Sparago's, or anyone else's work, research, development or design relating to the Lifestreams Proj ect. REQUEST NO.3: All documents and things concerning communications between or among You, Dr. Gelernter, Dr. Carrero, Dr. Freeman, Scott Fertig, Randy Prager, Peter Sparago, or anyone else concerning' the Lifestreams Project. REQUEST NO.4: All documents and things relating to any product, system or softare incorporating or embodying any ideas or concepts developed as part of the Lifestreams Project, including inter alia, documents and things concerning the research, development, design, engineering, manufacture, invention, patenting, testing, use, demonstration, purchase, sale, or offer for sale of ideas or concepts relating to the Lifestreams Project or any product, system or softare conceived or developed as part of the Lifestreams Project REQUEST NO.5: All documents and things concerning any publications, scientific articles, technical reports, presentations, demonstrations, or seminars, published, held, or given before June 28, 1996, by You, Dr. Gelernter, Dr. Carero, Dr. Freeman, Scott Fertig, Randy Prager, 4 Peter Sparago, or anyone else concerning the Lifestreams Project or any ideas, concepts, product, system or softare conceived or developed as par of the Lifestreams Project. REQUEST NO.6: All documents and things concerning meetings, conferences, discussion groups, and other events attended by, hosted by, or organized before June 28, 1996 by You, Dr. Gelernter, Dr. Carero, Dr. Freeman, Scott Fertig, Randy Prager, Peter Sparago, or anyone else concerning the Lifestreams Project or any ideas, concepts, product, system or softare conceived or developed as part ofthe Lifestreams Project. REQUEST NO.7: All documents and., things concerning the webpage available at http://cswww.cs.yale.edu/homes/freemanlifestreams.html. REQUEST NO.8: All documents and things concerning techncal reports concerning the Lifestreams Project, including inter alia, Yale University Deparment of Computer Science Technical Report TR1070. REQUEST NO.9: All documents and things concerning files, indices, lists, binders, repositories or other systems for maintaining, keeping, tracking and organizing any technical reports concerning the Lifestreams Project, including inter alia, any fies, indices, lists, or binders in the possession or control of Chrstopher Hatchell or Nancy Pellegrno concerning technical reports relating to the Lifestreams Proj ect. 5 REQUEST NO. 10: All documents and things concerning the distribution of any technical reports concerning the Lifestreams Project, including inter alia, any files, indices, lists, or records in the possession or control of Chrstopher Hatchell or Nancy Pellegrno concerning the distribution of technical reports relating to the Lifestreams Project. REQUEST NO. 11: All documents and things concerning communications between You, any person associated with You, Christopher Hatchell or Nancy Pellegrno or their predecessors, and any person seeking access to any fies, indices, lists, or records concerning the distribution of technical reports relating to the Lifestreams Proj ect. REQUEST NO, 12: All documents and things concerning communications between You, any person associated with You, Christopher Hatchell or Nancy Pellegrno or their predecessors; and any person seeking access to Yale University Department of Computer Science Technical Report TRI070. REQUEST NO. 13: All documents and things concerning communications between Chrstopher Hatchell or Nancy Pellegrno or their predecessors, and Mirror Worlds or its attorneys. REQUEST NO. 14: All documents and things concerning any person or entity who requested technical reports concerning the Lifestreams Project, who received technical reports concerning the Lifestreams Project, and who had access to technical reports concerning the Lifestreams 6 system, including without limitation documents showing when such individuals or institutions requested, received or had access to technical reports concerning the Lifestreams Project. REQUEST NO. 15: All documents and things conceming policies, procedures or practices for generating, maintaining, keeping, tracking, organizing and distributing technical reports, including inter alia, when, where and how technical reports are generated and printed; where, how, and by whom techncal reports are maintained; and when, how, by whom and to whom technical reports are distributed. REQUEST NO. 16: All documents and things concerning any publications, aricles, reports, meetings, conferences~discussion groups, memoranda, e-mail, seminars, communications, demonstrations, presentations, or other events where technical reports concerning the Lifestreams Project are disclosed or mentioned. REQUEST NO. 17: All documents and things concerning the content of the fourth paragraph of the Information Disclosure Statement submitted by Richard S. Milner on March 19, 1998 to the United States Patent and Trademark Offce located in the prosecution fie history of the '227 patent, including without limitation, all documents and things relating to Mr. Milner's statements that the Technical Report entitled "The 'Lifestreams' Approach To Reorganizing the Information World," dated April 1995 "was stored at Yale University in the fies of Christopher Hatchell, an Administrative Associate, whose tasks included distribution of this Technical Report," that "(aJccording to Mr. Hatchell's records and to the best of his knowledge, this Technical Report was not distributed outside of the Department of Computer Science at Yale University," and that 7 "the list containing bibliographic information about the Technical Report from which the technical report number was determined, is kept in a locked file in the Office of Computer Science at Yale University." REQUEST NO. 18: All documents and things relating to communications concerning the content of the fourth paragraph of the Information Disclosure Statement submitted by Richard S. Milner on March 19, 1998 to the United States Patent and Trademark Offce located in the prosecution file history of the '227 patent. REQUEST NO. 19: All documents and things concernmg any patent applications, draft patent applications'or issued patents relating to work by You, Dr. Gelernter, Dr. Carrero, Dr. Freeman, Scott Fertig, Randy Prager, or Peter Sparago relating to the Lifestreams Project. REQUEST NO. 20: All documents and things concerning the decision whether and when to seek patent protection for work relating to the Lifestreams Project, including without limitation, documents showing who participated in making the decision whether and when to seek patent protection for work relating to the Lifestreams Project and why You did not initially participate in seeking patent protection for work relating to the Lifestreams Project. REQUEST NO. 21: All documents and things concerning the Patents-in-Suit or Related Patents. REQUEST NO. 22: All documents and things relating to the prosecution of the applications that led to the Patents-in-Suit and all Related Patents. 8 REQUEST NO. 23: All documents and things relating to decisions concerning who should be named as an inventor on the Patents-in-Suit, Related Patents or draft patent applications relating to the Lifestreams Project, including inter alia, documents relating to the Patent Office's requirement that Dr. Gelernter be added as a named inventor to at least one of the Patents-in-Suit and documents showing the identity, title, position and role of persons who contributed to the subject matter of the patents or applications and the contribution of each such person. REQUEST NO. 24: All documents and things prepared by or at the direction of You or the named inventors of the Patents-in-Suit or the Related Patents relating to the subject matter of any claim of the Patents-in-Suit or any Related Patents. REQUEST NO. 25: All documents and things relating to any communications, including without limitation any representations made by You, Dr. Gelernter, Dr. Carrero, Dr. Freeman, Scott Fertig~ Randy Prager, or Peter Sparago, regarding the scope, validity, infrngement, inventorship, patentability, enforceability or value of any of the Patents-in-Suit or any Related Patents. REQUEST NO. 26: All documents and things relating to any formal or informal investigation, search, analysis, opinion, report, study, or observation regarding the scope, validity, infrngement, enforceability, patentability, inventorship or value of any of the Patents-in-Suit or any Related Patents. 9 REQUEST NO. 27: All documents and things concerning actual or potential licenses to the Patents-in- Suit or Related Patents, including without limitations, any offers to license the Patents-in-Suit or Related Patents. REQUEST NO. 28: All documents and things concerning the assignent of rights to the Patents-in- Suit or Related Patents. REQUEST NO. 29: All documents and things concerning Mirror Wodds or Mirror Wodds' products. REQUEST NO. 30: All documents and things concerning Your communications with Mirror Worlds. REQUEST NO. 31: All documents and things concerning Your, Dr. Gelernter's; Dr. Carero's, Dr. Freeman's, Scott Fertig's, Randy Prager's, or Peter Sparago's past or present relationship with Mirror Worlds, including without limitation, any compensation received from Mirror Worlds or any past or present interest in the Patents-in-Suit or Related Patents. 10 ATTACHMENT B Pursuant to Rule 45 of the Federal Rules of Civil Procedure, Defendant and Counterclaimant Apple Inc. hereby requests that Yale University produce a witness to testify as to the following topics. DEFINITIONS AND INSTRUCTIONS 1. "You" and "Your" mean Yale University, its predecessors, successors, divisions, departents, and other organizational and operating units of any of the foregoing, and all past and present directors, officers, employees, agents, affliates, representatives (including consultants and attorneys), and others purporting to act on its behalf. 2. "Mirror Worlds" means Mirror Worlds LLC, Mirror Worlds Technologies, Inc., Lifestrears, Inc., Abacus Ventures, Recognition Interface, Inc., Recognition Interface LLC, Plainfield Specialty Holdings I, Inc., their predecessors, successors, past and present parerits, subsidiaries, divisions, deparents, and other organizational and operating units of any of the foregoing, and all past and present directors, officers, employees, agents, affiliates, representatives (including consultants and attorneys), and others purporting to act on their behalf. 3. "Dr. Gelernter" means Dr. David Gelernter, Ph.D., or anyone working on his behalf. 4. "Dr. Carrero" means Dr. Nicholas Carero, Ph.D., or anyone working on his behalf. 5. "Dr. Freeman" means Dr. Eric Freeman, Ph.D., or anyone working on his behalf. "Scott Fertig" means Scott Fertig, or anyone working on his behalf. 6. 7. 8. "Randy Prager" means Randy Prager, or anyone working on his behalf. "Peter Sparago" means Peter Sparago, or anyone working on his behalf. 9. "Chrstopher Hatchell" means Chrstopher Hatchell, or anyone working on his behalf. 10. "Nancy Pellegrno" means Nancy Pellegrno, or anyone working on her behalf. 11. The "Lifestreams Project" means all research, writing or work relating to the Yale Lifestreams Project (including without limitation as described at http://csww.cs.yale.edu/homes/freeman/lifestreams.html), or to research, writing or work relating to lifestreams by anyone associated with You or anyone affiliated with You, including without limitation, Dr. Gelemter, Dr. Carrero, Dr. Freeman, Scott Fertig, Randy Prager or Peter Sparago. 12. The "Patents-in-Suit" means all patents asserted or to be asserted in the future by Mirror '. Worlds in this action, including, without limitation, us. Patent No. 6,006,227 ("'227 patenC), U.S. Patent No. 6,638,313 ("'313 patent"), U.S. Patent No. 6,725,427 ('''427 patent"), and u.s: Patent No. 6,768,999 ("'999 patent"), individually and collectively. 13, "Related Patents" means all patents and patent applications relating to any of the Patents-in-Suit; including any patents or patent applications (including all published and unpublished pending and abandoned applications) from or through which any of the Patents-in- Suit claim priority, any patents or patent applications (including all published and unpublished pending and abandoned applications) that claim priority from or through any of the Patents-inSuit, and any foreign counterpart patents or patent applications (including all published and unpublished pending and abandoned applications) of any of the foregoing. 14. The words "and" and "or" shall be used conjunctively or disjunctively, whichever makes the request more inclusive. 15. The words "any," "all," or "each" shall be construed as "any, all, and each" inclusively. 2 16. The singular form of a word shall include the plural and vice versa. 3 TOPICS OF EXAMINATION TOPIC NO.1: All facts and circumstances relating to Your, Dr. Gelernter's, Dr. Carrero's, Dr. Freeman's, Scott Fertig's, Randy Prager's, Peter Sparago's, or anyone else's work, research, development or design relating to the Lifestreams Project, including without limitation, the identity, title, position and role of persons who worked on the Lifestreams Project, and communications between or among You, Dr. Gelernter, Dr. Carrero, Dr. Freeman, Scott Fertig, Randy Prager, Peter Sparago, or anyone else concerning the Lifestreams Project. TOPIC NO. 2: All facts and circumstances relating to the research, development, design, engineering, manufacture, invention, patenting, testing, use, demonstration, purchase, sale, or offer for sale of ideas or concepts relating to the Lifestreams Project or any product, system or softare conceived or developed as part ofthe Lifestreams Project. TOPIC NO. 3: All facts and circumstances relating to publications, scientific aricles, technical reports, presentations, demonstrations, or seminars, published, held, or given before June 28, 1996, by You, Dr. Gelernter, Dr. Carrero, Dr. Freeman, Scott Fertig, Randy Prager, Peter Sparago, or anyone else concerning the Lifestreams Project or any ideas, concepts, product, system or software conceived or developed as part of the Lifestreams Project. TOPIC NO.4: All facts and circumstances relating to meetings, conferences, discussion groups, and other events attended by, hosted by, or organized before June 28, 1996 by You, Dr. Gelernter, Dr. Carrero, Dr. Freeman, Scott Fertig, Randy Prager, Peter Sparago, or anyone else 4 concerning the Lifestreams Project or any ideas, concepts, product, system or softare conceived or developed as par ofthe Lifestreams Project. TOPIC NO. 5: All facts and circumstances relating to techncal reports concerning the Lifestreams Project, including, without limitation, Yale University Deparment of Computer Science Technical Report TRI070. TOPIC NO.6: All facts and circumstances relating to files, indices, lists, binders, repositories or other systems for maintaining, keeping, tracking and organizing any technical reports concerning the Lifestreams Project, including, without limitation, any fies, indices, lists, or binders in the possession or control of Chrstopher Hatchell or Nancy Pellegrno or their predecessors concerning technical reports relating to the Lifestreams Project. TOPIC NO.7: All facts and circumstances relating to the distrbution of any technical reports concerning the Lifestreams Project, including, without limitation, any files, indices, lists, or records in the possession or control of Chrstopher Hatchell or Nancy Pellegrno or their predecessors concerning the distribution oftechnical reports relating to the Lifestreams Project. TOPIC NO. 8: All facts and circumstances relating to communications between You, any person associated witn You, Christopher Hatchell or Nancy Pellegrno or their predecessors, and any person seeking access to any files, indices, lists, or records concerning the distribution of technical reports relating to the Lifestreams Proj ect. 5 TOPIC NO.9: All facts and circumstances relating to communications between You, any person associated with You, Chrstopher Hatchell or Nancy Pellegrno or their predecessors, and any person seeking access to Yale University Department of Computer Science Technical Report TRI070. TOPIC NO. 10: All facts and circumstances relating to communications between Chrstopher Hatchell or Nancy Pellegrno or their predecessors, and Mirror Worlds or its attorneys. TOPIC NO. 11: All facts and circumstances relating to any person or entity who requested technical reports concerning the Lifestreams Project, who received technical reports concerning the Lifestreams Project, and who had access to technical reports concerning the Lifestreams system, including inter alia, when such individuals or institutions requested, received or had access to technical reports concerning the LifestreamsProject. TOPIC NO. 12: All facts and circumstances relating to policies, procedures or practices for generating, maintaining, keeping, tracking, orgamzmg and distributing technical reports, including inter alia, when, where and how technical reports are generated and printed; where, how, and by whom technical reports are maintained; and when, how, by whom and to whom technical reports are distributed. TOPIC NO. 13: All facts and circumstances relating to the fourth paragraph of the Information Disclosure Statement submitted by Richard S. Milner on March 19, 1998 to the United States 6 Patent and Trademark Offce located in the prosecution fie history of the '227 patent, including without limitation, All facts and circumstances relating to Mr. Milner's statements that the Technical Report entitled "The 'Lifestreams' Approach To Reorganizing the Information World," dated April 1995 "was stored at Yale University in the fies of Christopher Hatchell, an Administrative Associate, whose tasks included distribution of this Technical Report," that "According to Mr. Hatchell's records and to the best of his knowledge, this Technical Report was not distributed outside of the Deparment of Computer Science at Yale University," and that "the list containing bibliographic information about the Technical Report from which the technical report number was determined, is kept in a locked fie in the Office of Computer Science at Yale University." TOPIC NO. 14: All facts and circumstances reüi.ting to communications concerning the content of the' fourth paragraph of the Information Disclosure Statement submitted by Richard S. Milner on March 19, 1998 to the United States Patent and Trademark Office located in the prosecution fie history of the '227 patent. TOPIC NO. 15: All facts and circumstances relating to any patent applications, draft patent applications or issued patents relating to work by You, Dr. Gelernter, Dr. Carrero, Dr. Freeman, Scott Fertig, Randy Prager, or Peter Sparago relating to the Lifestreams Project. TOPIC NO. 16: All facts and circumstances relating to the decision whether and when to seek patent protection for work relating to the Lifestreams Project, including inter alia, who paricipated in making the decision whether and when to seek patent protection for work relating 7 to the Lifestreams Project and why You did not initially participate in seeking patent protection for work relating to the Lifestreams Proj ect. TOPIC NO. 17: All facts and circumstances relating to the prosecution of the applications that led to the Patents-in-Suit and Related Patents, including inter alia, the decision concerning who should be named as an inventor on patent applications or draft patent àpplications relating to the Lifestreams Project, and the Patent Offce's requirement that Dr. Gelemter be added as a named inventor to at least one of the Patents-in-Suit. TOPIC NO. 18: All documents and things relating to any communications, including without limitation any representations made by You, Dr. Gelemter, Dr. Carrero, Dr. Freeman,:Scott Fertig, Randy Prager, or Peter Sparago, regarding the scope, validity, infrngement, inventorship, patentability, enforceability or value of any of the Patents-in-Suit or any Related Patents. TOPIC NO. 19: All documents and things relating to any formal or informal investigation, search, analysis, opinion, report, study, or observation regarding the scope, validity, infrngement, inventorship, patentability, enforceability or value of any of the Patents-in-Suit or any Related Patents. TOPIC NO. 20: All facts and circumstances relating to efforts to license the Patents-In-Suit or Related Patents. 8 TOPIC NO. 21: All facts and circumstances relating to the assignent of rights to the Patents-inSuit or Related Patents. TOPIC NO. 22: All facts and circumstances relating to Your communications with Mirror Worlds. TOPIC NO. 23: All documents and things concerning Your, Dr. Gelernter's, Dr. Carero's, Dr. Freeman's, Scott Fertig's, Randy Prager's, or Peter Sparago's past or present relationship with Mirror Worlds, including without limitation, any compensation received from Mirror Worlds or any past or present interest in the Patents-in-Suit or Related Patents. 9 Issued by the United States District Court DISTRICT OF CONNCTICUT MIROR WORLDS, LLC, Plaintiff v. APPLE INC., SUBPOENA IN A CIVIL CASE CASE NUBER: i 6:08 cv 88 LED (Eastern Distrct of Texas, Tyler Division) Defendant. TO: Nicholas Carriero 827 Stil Hil Rd Hamden, CT 06518 D YOU AR COMMANED to appear in the United States Distrct Court at the place, date, and time specified below to testify in the above case. PLACE OF TESTIMONY COURTROOM DATE AND TIME 0' YOU AR COMMANED to appear at the place, date, and time specified below to testify at the tàking of a: . deposition in the above case. PLACE OF DEPOSITION DATE AND TIME Weil Gotshal & Manges, LLP 767 Fifth Avenue New York, NY 10022 October 31, 2008 9:30 am ¡ 0' YOU AR COMMANED to produce and permit inspection and copying ofthe following documents or objects at the place, date, and time specified below (list documents or objects): See Attachment A. PLACE DATE AND TIME Wei1 Gotshal & Manges, LLP 767 Fifth Avenue New York, NY 10022 YOU AR COMMANED to permit inspection of October 20, 2008 9:30 am the following premises at the date and time specified below. DATE AND TIME PREMISES Any organization not a part to this suit that is subpoenaed for the taking of a deposition shall designate one or more offcers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for Civil Procedure. 30(b)(6). each person designated, the matters on which the person wil testify. Federal Rules of "'"'NO O"~ ANO "'" ,,,mcm W AITRN," eoR ''''",W' OR O,"eNAND DATE ATTORNE DE LNT APPLE INC. ~ ISSUING OF,F~ER'S NAME, ADDRESS AND PHONE NUMBER October 2, 2008 Sonal N. Mehta, Weil, Gotshal & Manges LLP, 201 Redwood Shores Parkway, Redwood Shores, CA 94065; Telephone (650) 802-3000 (See Rule 45, Federal Rules of Civil Procedure PartsC & D on Reverse) i If action is pending in district other than district of issuance, state district under case number. PROOF OF SERVICE DATE PLACE SERVED SERVED ON (PRIT NAME) MANNER OF SERVICE SERVED BY (pRIT NAME) TITLE DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct Executed on DATE SIGNATURE OF SERVER ADDRESS OF SERVER Rule 45, Federal Rules of Civil Procedure, Part C & D: that, subject to the provisions of clause (c)(3)(B)(iii) this of (c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. rule, such a person may (I) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undlle burden or expense on a person subject to that subpoena. The cour on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney's fee. in order to attend tral be commnded to travel from any such place within the state in which the tral is held, or (iii) requires disclosure of privileged or other protected matter and no exception' or waiver applies, or (iv) subjects a person to undue burden. (B) If a subpoena (2)(A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things" or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or tral. (i) requires disclosure of a trde secret or other confidential research, development, or commercial infonnation, or (ii) required disclosure of an unretained expert's opinion or information not describing specific events or occurences in dispute and resulting from the expert's (B) Subject to paragraph (d)(2) of this nile, a person commanded to produce and permit inspection and copying may, within 14 days after service the of subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the pary or attorney designated in the subpoena written objection to inspection or request of any party, or (iii) requires a person who is not a pary or an offcer of a pary to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, ifthe study made not at the copying of any or all of the designated materials or of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the par serving the subpoena may, upon notice to pary in whose behalf the subpoena is issued shows a substantial need for the testimony or material that canot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an offcer of a pary from significant expense resulting from the inspection and copying commanded. (d) DUTIES IN RESPONDING TO SUBPOENA. (I) A person responding to a subpoena to produce documents shall produce them as (3)(A) On timely motion, the cour by which a subpoena was issued shall quash or modify the subpoena if it they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (2) When information subject to a subpoena is withheld on a claim that is privileged or subject to protection as tral preparation materials, the claim shall be made expressly and more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except (i) fails to allow reasonable time for compliance; (ii) requires a person who is not a par or an officer of a pary to travel to a place shall be supported by a description of the nature of the documents, communications, or things not produced that is sufcient enable the demanding party to contest to the claim. 2 ATTACHMENT A Pursuant to Rule 45 of the Federal Rules of Civil Procedure, Defendant and Counterclaimant Apple Inc. hereby requests that Dr. Nicholas Carrero, Ph.D. produce for inspection and copying the documents and things requested. DEFINITIONS 1. "Yale" means Yale University, its predecessors, successors, divisions, deparments, and other organizational and operating units of any of the foregoing, and all past and present directors, officers, employees, agents, affliates, representatives (including consultants and attorneys), and others purporting to act on its behalf. 2. "You" or "Your" means you, Dr. Nicholas Carero, Ph.D., or anyone working on your behalf. 3. "Mirror Worlds" means Mirror Worlds LLC, Mirror Worlds Technologies, Inc., Lifestreams, Inc., Abacus Ventures, Recognition Interface, Inc., Recognition Interface LLC, Plainfield Specialty Holdings I, Inc., their predecessors, successors, past and present parents, subsidiaries, divisions, deparments, and other organizational and operating units of any of the foregoing, and all past and present directors, offcers, employees, agents, affliates, representatives (including consultants and attorneys), and other~ purporting to act on their behalf. 4. "Dr. Gelernter" means Dr. David Gelernter, Ph.D., or anyone working on his behalf. 5. 6. 7. 8. "Dr. Freeman" means Dr. Eric Freeman, Ph.D., or anyone working on his behalf. "Scott Fertig" means Scott Fertig, or anyone working on his behalf. "Randy Prager" means Randy Prager, or anyone working on his behalf. "Peter Sparago" means Peter Sparago, or anyone working on his behalf. 9. "Chrstopher Hatchell" means Chrstopher Hatchell, or anyone working on his behalf. 10. "Nancy Pellegrino" means Nancy Pellegrno, or anyone working on her behálf. 11. The "Lifestreams Proj ect" means all research, writing or work relating to the Yale Lifestreams Project (including without limitation as described at http://csww.cs.yale.edu/omes/freemanllifestreams.html), or to research, wrting or work relating to lifestreams by anyone associated with Yale or anyone affliated with Yale, including without limitation, You, Dr. Gelemter, Dr. Freeman, Scott Fertig, Randy Prager or Peter Sparago. 12. The "Patents-in-Suit" means all patents asserted or to be asserted in the future by Mirror Worlds in this action, including, without limitation, U.S. Patent No. 6,006,227 ("'227 patent"), U.S. Patent No. 6,638,313 ("'313 patent"), U.S. Patent No. 6,725,427 ("'427 patent"), and U.S. Patent No. 6,768,999 ("'999 patent"), individually and collectively. 13. "Related Patents" means all patents and patent applications relating to any of the Patents-in-Suit, including any patents or patent applications (including all published and unpublished pending and abandoned applications) from or through which any of the Patents-in- Suit claim priority, any patents or patent applications (including all published and unpublished pending and abandoned applications) that claim priority from or through any of the Patents-inSuit, and any foreign counterpar patents or patent applications (including all published and unpublished pending and abandoned applications) of any ofthe foregoing. 14. "Document" shall have the meaning set forth in Federal Rule of Civil Procedure 34, and shall include without limitation, information stored in electronic, magnetic, or optical media, drafts, all translations of documents, and all materials relating to communications. 2 15. "Communication" means any form of oral or written interchange or attempted interchange, whether in person, by telephone, by facsimile, by telex, by electronic mail, or by any other medium. 16. "Concernng" means pertaining to, referrng to, and/or relating to the matter specified. INSTRUCTIONS 1. This request seeks production of all documents and things described in the request which are in your possession, custody or control, whether prepared by you or anyone else, and in any location they may exist. 2. If you withhold any document or any portion thereof on a claim of privilege, provide a privilege log pursuant to Fed. R. Civ. P. 26. 3. If you contend that a portion of a document contains information which is immune from discovery, then produce the document with the immune portion redacted therefrom and describe the redacted portion in a privilege log pursuant to Fed. R. Civ. P. 26 (b)(5). 4. The words "and" and "or" shall be used conjunctively or disjunctively, whichever makes the request more inclusive. 5. The words "any," "all," or "each" shall be construed as "any, all, and each" inclusively. 6. The singular form of a word shall include the plural and vice versa. 3 REQUESTS FOR DOCUMENTS AND THINGS REQUEST NO.1: All documents and things concerning Your, Yale's, Dr. Gelernter's, Dr. Freeman's, Scott Fertig's, Randy Prager's, Peter Sparago's, or anyone else's work, research, development or design relating to the Lifestreams Project. REQUEST NO.2: All documents and things concernng communications between or among You, Yale, Dr. Gelernter, Dr. Freeman, Scott Fertig, Randy Prager, Peter Sparago, or anyone else concerning the Lifestreams Project. REQUEST NO.3: All documents and things relating to any product or system incorporating or embodying any ideas or concepts developed as par of the Lifestreams Project, including inter alia, documents and things concerning the research, development, design, engineering, manufacture, invention, patenting, testing, use, demonstration, purchase, sale, or offer for sale of ideas or concepts relating to the Lifestreams Project or any product, system, or softare conceived or developed as part of the Lifestreams Project REQUEST NO.4: All documents and things concerning any publications, scientific articles, technical reports, presentations, demonstrations, or seminars, published, held, or given before June 28, 1996, by You, Yale, Dr. Gelernter, Dr. Freeman, Scott Fertig, Randy Prager, Peter Sparago, or anyone else concerning the Lifestreams Project or any ideas, concepts, product, system or software conceived or developed as part of the Lifestreams Project. 4 REQUEST NO.5: All documents and things concerning meetings, conferences, discussion groups, and other events attended by, hosted by, or organized before June 28, 1996 by You, Yale, Dr. Gelernter, Dr. Freeman, Scott Fertig, Randy Prager, Peter Sparago, or anyone else concerning the Lifestreams Project or any ideas, concepts, products, systems or softare conceived or developed as part ofthe Lifestreams Project. REQUEST NO.6: All documents and things concerning the webpage available at http://csww.cs.yale.edu/omes/freemanlifestreams.htmL. REQUEST NO.7: All documents and things concerning technical reports concerning the Lifestreams Project, including inter alia, Yale University Department of Computer Science Technical Report TR1070. REQUEST NO.8: All documents and things concerning files, indices, lists, binders, repositories or other systems for maintaining, keeping, tracking and organizing any technical reports concerning the Lifestreams Project. REQUEST NO.9: All documents and things concerning the distribution of any technical reports concerning the Lifestreams Project. 5 REQUEST NO. 10: All documents and things concerning communications between You, Yale, or any person associated with You or Yale and any person seeking access to any fies, indices, lists, or records concerning the distribution of technical reports relating to the Lifestreams Project. REQUEST NO. 11: All documents and things concerning communications between You, Yale, or any person associated with You or Yale and any person seeking access to Yale University Deparment of Computer Science Technical Report TRI070. REQUEST NO. 12: REQUEST NO. 14: All documents and things concerning policies, procedures or practices for generating, maintaining, keeping, tracking, organizing and distributing technical reports, including inter alia, when, where and how technical reports are generated and printed; where, how, and by whom technical reports are maintained; and when, how, by whom and to whom technical reports are distributed. 6 REQUEST NO. 15: All documents and things concerning any publications, articles, reports, meetings, conferences, discussion groups, memoranda, e-mail, seminars, communications, demonstrations, presentations, or other events where technical reports concerning the Lifestreams Project are disclosed or mentioned. REQUEST NO. 16: All documents and things concerning any patent applications, draft patent applications or issued patents relating to work by You, Yale, Dr. Gelernter, Dr. Freeman, Scott Fertig, Randy Prager, or Peter Sparago relating to the Lifestreams Project. REQUEST NO. 17: All documents and things concerning the decision whether and when to seek patent protection for work relating to the Lifestreams Project, including without limitation, documents showing who paricipated in making the decision whether and when to seek patent protection for work relating to the Lifestreams Project and why You or Yale did not initially participate in seeking pàtent protection for work relating to the Lifestreams Project. REQUEST NO. 18: All documents and things concerning the Patents-in-Suit or Related Patents. 7 REQUEST NO. 19: All documents and things relating to decisions concerning who should be named as an inventor on the Patents-in-Suit, Related Patents or draft patent applications relating to the Lifestreams Proj ect, including inter alia, documents relating to why you are not named as an inventor on the Patents-in-suit, Related Patents or draft patent applications to relating to the Lifestreams Project. REQUEST NO. 20: All documents and things concerning Mirror Worlds or Mirror Worlds' products. REQUEST NO. 21: All documents and things concerning Your, Yale's, Dr. Gelernter's, Dr. Freeman's, Scott Fertig's, Randy Prager's, or Peter Sparago's past or present relationship with Mirror Worlds, including without limitation, any compensation received from Mirror Worlds or any past or present interest in the Patents-in-Suit or Related Patents. 8 Issued by the United States District Court DISTRICT OF CONNECTICUT MIROR WORLDS, LLC, Plaintiff v. APPLE INC., SUBPOENA IN A CIVIL CASE CASE NUBER: 1 6:08 cv 88 LED Texas, Tyler Division) (Eastern Distrct of Defendant. TO: David Gelernter 3 MohawkLn Woodbridge, CT 06525 D YOU AR COMMANED to appear in the United States District Court at the place, date, and time specified below to testify in the above case. PLACE OF TESTIMONY COURTROOM DATE AND TIME D YOU AR COMMANED to appear at the place, date, arid time specified below to testify at the taking of a deposition in the above case. PLACE OF DEPOSITION DATE AND TIME 0' YOU AR COMMANED to produce and permit inspection and copying of the following documènts or objects at the place, date, and time specified below (list documents or objects): See Attachment A. PLACE DATE AND TIME Weil Gotsha1 & Manges, LLP 767 Fifth Avenue New York, NY 10022 YOU AR COMMANED to permit inspection of October 20, 2008 9:30 am the following premises at the date and time specified below. DATE AND TIME PREMISES Any organization not a part to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for Civil Procedure. 30(b)(6). each person designated, the matters on which the person will testify. Federal Rules of "W~ANO unE ,mo,m, " Anomy mRe'-OR Of,,OANn DATE October 2, 2008 A i lyYNJ Y FOR DElANT APPLE INC. ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER Sonal N. Mehta, Weil, Gotshal & Manges LLP, 201 Redwood Shores Parkway, Redwood Shores, CA 94065; Telephone (650) 802-3000 (See Rule 45, Federal Rules of Civil Procedure Parts C & D on Reverse) i If action is pending in distrct other than district of issuance, state district under case number. PROOF OF SERVICE DATE PLACE SERVED SERVED ON (PRIN NAME) MANNER OF SERVICE SERVED BY (pRIT NAME) TITLE . DECLARATION OF SERVER I declare under penalty of perjury under the laws ofthe United States of America that the foregoing information contained in the Proof of Service is tre and correct. Executed on DATE SIGNATUR OF SERVER ADDRESS OF SERVER Rule 45, Federal Rules of Civil Procedure, Part C & D: that, subject to the provisions of clause (c )(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the tral is held, or (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or (iv) .subjects a person to undue burden. (c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A part or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party òr aitornèy. in breach of this duty an appropriate sanction, . which may include, but is not limited to, lost earnings and a reasonable attorney's fee. . (B) If a subpo~na (2)(A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or tral. (i) requires disclosure of a trde secret or other confidential research, development, or commercial information, or (ii) required disclosure of an unretained expert's opinion or information not describing specific events or occurences in dispute and resulting from the expert's (B) Subject to paragrph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service the of study made not at the subpoena or before the time specified for compliance if such time is less than i 4 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued, If objection has been made, the pary serving the subpoena may, upon notice to expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to request of any party, or (iii) requires a person who is not a party or an offcer of a party to incur substantial or affected by the subpoena, quash or modify the subpoena or, jfthe pary in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a pary or an offcer of a pary from significant expense resulting from the inspection and copying commanded. (d) DUTIES IN RESPONDING TO SUBPOENA. (I) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual coure of business or shall organize and label them to correspond (3)(A) On timely motion, the cour by which a subpoena was issued shall quash or modify the subpoena if it with the categories in the demand. (i) fails to allow rcasonable time for compliance; (ii) requires a person who is not a par or an offcer of a pary to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except (2) When inforiiaüon subject to a subpoena is withheld on a claiii that is privileged OJ subject to protection as tral preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is suffcient enable to the demanding party to contest the claim. 2 ATTACHMENT A Pursuant to Rule 45 of the Federal Rules of Civil Procedure, Defendant and Counterclaimant Apple Inc. hereby requests that Dr. David Ge1ernter, Ph.D. produce for inspection and copying the documents and things requested. DEFINITIONS 1. "Yale" means Yale University, its predecessors, successors, divisions, departments, and other organizational and operating units of any of the foregoing, and all past and present directors, officers, employees, agents, affliates, representatives (including consultants and attorneys), and others purporting to act on its behalf. 2. "You" or "Your" means you, Dr. David Gelernter, Ph.D., or anyone working on your behalf. 3. "Mirror Worlds" means Mirror Worlds LLC, Mirror Worlds Technologies, Inc., Lifestreams, Inc., Abacus Ventues, Recognition Interface, Inc., Recognition Interface LLC, Plainfield Specialty Holdings I, Inc., their predecessors, successors, past and present parents, subsidiaries,' divisions, departments, and other organizational and operating units of any of the foregoing, and all past and present directors, offcers, employees, agents, affliates, representatives (including consultants and attorneys), and others purporting to act on their behalf. 4. "Dr. Carero" means Dr. Nicholas Carero, Ph.D., or anyone working on his behalf. 5. "Dr. Freeman" means Dr. Eric Freeman, Ph.D., or anyone working on his behalf. 6. 7. 8. "Scott Fertig" means Scott Fertig, or anyone working on his behalf. "Randy Prager" means Randy Prager, or anyone working on his behalf. . "Peter Sparago" means Peter Sparago, or anyone working on his behalf. 9. "Chrstopher Hatchell" means Chrstopher Hatchell, or anyone working on his behalf. 10. "Nancy Pellegrno" means Nancy Pellegrno, or anyone working on her behalf. 11. The "Lifestreams Project" means all research, writing or work relating to the Yale Lifestreams Project (including without limitation as described at http://csww.cs.yale.edu/omes/freemanlifestreams.html), or to research, writing or work relating to lifestreams by anyone associated with Yale or anyone affliated with Yale, including without limitation, You, Dr. Carero, Dr. Freeman, Scott Fertig, Randy Prager or Peter Sparago. 12. The "Patents-in-Suit" means all patents asserted or to be asserted in the future by Mirror Worlds in this action, including, without limitation, U.S. Patent No. 6,006,227 ("'227 patent"), U.S. Patent No. 6,638,313 ('''313 patent"), U.S. Patent No. 6,725,427 ("'427 patent"), and U.S. Patent No. 6,768,999 ("'999 patent"), individually and collectively. 13. "Related Patents" means all patents and patent applications relating to any of the Patents-in-Suit, including any patents or patent applications (including all published and unpublished pending and abandoned applications) from or through which any of the Patents-in- Suit claim priority, any patents or patent applications (including all published and unpublished pending and abandoned applications) that claim priority from or through any of the Patents-inSuit, and any foreign counterpar patents or patent applications (including all published and unpublished pending and abandoned applications) of any of the foregoing. 14. "Document" shall have the meaning set forth in Federal Rule of Civil Procedure 34, and shall include without limitation, information stored in electronic, magnetic, or optical media, drafts, all translations of documents, and all materials relating to communications. 2 15. "Communication" means any form of oral or wrtten interchange or attempted interchange, whether in person, by telephone, by facsimile, by telex, by electronic mail, or by any other medium. 16. "Concerning" means pertaining to, referrng to, and/or relating to the matter specified. INSTRUCTIONS 1. This request seeks production of all documents and things described in the request which are in your possession, custody or control, whether prepared by you or anyone else, and in any location they may exist. 2. If you withhold any document or any portion thereof on a claim of privilege, provide a privilege log pursuant to Fed. R. Civ. P. 26. 3. If you contend that a portion of a document contains information which is immune from discovery, then produce the document with the immune portion redacted therefrom and describe the redacted portion in a privilege log pursuant to Fed. R. Civ. P. 26 (b)(5). 4. The words "and" and "or" shall be used conjunctively or disjunctively, whichever makes the request more inclusive. 5. The words "any," "all," or "each" shall be construed as "any, all, and each" inclusively. 6. The singular form of a word shall include the plural and vice versa. 3 REQUESTS FOR DOCUMENTS AND THINGS REQUEST NO.1: All documents and things concerning the identity, title, position and role of persons who worked on the Lifestreams Project. REQUEST NO.2: All documents and things concerning Yale's, Your, Dr. Carero's, Dr. Freeman's, Scott Fertig's, Randy Prager's, Peter Sparago's, or anyone else's work, research, development or design relating to the Lifestreams Project. REQUEST NO.3: All documents and things concerning communications between or among Yale, You, Dr. Carero, Dr. Freeman, Scott Fertig, Randy Prager, Peter Sparago, or anyone else concerning the Lifestreams Project. REQUEST NO.4: All documents and things relating to any product, system or software incorporating or embodying any ideas or concepts developed as part of the Lifestreams Project, including inter alia, documents and things concerning the research, development, design, engineering, manufacture, invention, patenting, testing, use, demonstration, purchase, sale, or offer for sale of ideas or concepts relating to the Lifestreams Project or any product, system or softare conceived or developed as part of the Lifestreams Project REQUEST NO.5: All documents and things concerning any publications, scientific articles, technical reports, presentations, demonstrations, or seminars, published, held, or given before June 28, 1996, by Yale, You, Dr. Carrero, Dr. Freeman, Scott Fertig, Randy Prager, Peter 4 Sparágo, or anyone else concernng the Lifestreams Project or any ideas, concepts, products, systems, or softare conceived or developed as part ofthe Lifestreams Project. REQUEST NO.6: All documents and things concerning meetings, conferences, discussion groups, and other events attended by, hosted by, or organized before June 28, 1996 by Yale, You, Dr. Carero, Dr. Freeman, Scott Fertig, Randy Prager, Peter Sparago, or anyone else concerning the Lifestreams Project or any ideas, concepts, products, systems, or software conceived or developed as part of the Lifestreams Project. REQUEST NO.7: All documents and things concerning the webpage available at http://cs- ww.cs.yale.edu/omes/freemanlifestreams.htmL. REQUEST NO.8: All documents and things concerning technical reports concerning the Lifestreams Project, including inter alia, Yale University Department of Computer Science Technical Report TR1070. REQUEST NO.9: All documents and things concerning files, indices, lists, binders, repositories or other systems for maintaining, keeping, tracking and organizing any technical reports concerning the Lifestreams Project. REQUEST NO. 10: All documents and things concerning the distrbution of any technical reports concerning the Lifestreams Proj ect. 5 REQUEST NO. 11: All documents and things concerning communications between You, Yale, or any person associated with You or Yale and any person seeking access to any fies, indices, lists, or records concerning the distrbution oftechnical reports relating to the Lifestreams Project. REQUEST NO. 12: All documents and things concerning communications between You, Yale, or any person associated with You or Yale and any person seeking access to Yale University Department of Computer Science Technical Report TRI070. REQUEST NO. 13: All documents and things concerning communications between You and Mirror Worlds or its attorneys. REQUEST NO. 14: All documents and things concerning any person or entity who requested technical reports concerning the Lifestreams Project, who received technical reports concerning the Lifestreams Project, and who had access to technical reports concerning the Lifestreams system, including without limitation documents showing when such individuals or institutions requested, received or had access to techncal reports concerning the Lifestreams Project. REQUEST NO. 15: All documents and things concerning policies, procedures or practices for generating, maintaining, keeping, tracking, organizing and distributing technical reports, including inter alia, when, where and how technical reports are generated and printed; where, how, and by whom technical reports are maintained; and when, how, by whom and to whom technical reports are distributed. 6 REQUEST NO. 16: All documents and things concerning any publications, aricles, reports, meetings, conferences, discussion groups, memoranda, e-mail, seminars, communications, demonstrations, presentations, or other events where technical reports concerning the Lifestreams Project are disclosed or mentioned. REQUEST NO. 17: All documents and things concernmg any patent applications, draft patent applications or issued patents relating to work by Yale, You, Dr. Carero, Dr. Freeman, Scott Fertig, Randy Prager, or Peter Sparago relating to the Lifestreams Project. REQUEST NO: 18: All documents and things concerning the decision whether and when to seek patent protection for work relating to the Lifestreams Project, includ

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