Mirror Worlds, LLC v. Apple, Inc.

Filing 349

***DISREGARD ENTRY - FILED INCORRECTLY WITH WRONG DOCKET EVENT*** STIPULATION WITHDRAWAL WITH PREJUDICE OF CERTAIN INFRINGEMENT CLAIMS by Mirror Worlds, LLC. (Solo, Alexander) Modified on 8/31/2010 (kls, ).

Mirror Worlds, LLC v. Apple, Inc.

Doc. 349

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION

MIRROR WORLDS, LLC, Plaintiff,

Civil Action No. 6:08-CV-88 LED JURY TRIAL DEMANDED

v. APPLE, INC., Defendant. APPLE, INC., Counterclaim Plaintiff, v. MIRROR WORLDS, LLC, MIRROR WORLDS, TECHNOLOGIES, INC., Counterclaim Defendants.

[PROPOSED] STIPULATED WITHDRAWAL WITH PREJUDICE OF CERTAIN INFRINGEMENT CLAIMS1

Plaintiff Mirror Worlds, LLC ("Mirror Worlds") hereby withdraws with prejudice the following claims against the following present and past accused instrumentalities: 1. Mirror Worlds withdraws with prejudice its claims that Apple directly and/or

indirectly infringed or infringes claims 13-17 and 20 of U.S. Patent No. 6,006,227 by making,

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Mirror Worlds has conferred with Apple regarding this stipulation, but the parties were not able to reach agreement prior to the filing deadline. Accordingly, Apple may oppose this stipulation. -1-

Dockets.Justia.com

using, selling and/or offering to sell the iPhone containing the iPhone OS 3.0 or earlier versions of that operating system. 2. Mirror Worlds withdraws with prejudice its claims that Apple directly and/or

indirectly infringed or infringes claims 22, 25, 26, 29, 32, 34, and 37 of U.S. Patent No. 6,725,427 ("the `427 patent") by making, using, selling and/or offering to sell present and past versions of the iPhone, iPod Touch, iPod Nano, iPod Classic or iPad. 3. Mirror Worlds withdraws with prejudice its claims that Apple directly and/or

indirectly infringes claims 22, 25, 26, 29 and 37 of the `427 patent by making, using, selling and/or offering to sell computers having past or present versions of iTunes, except that Mirror Worlds does not withdraw its claims regarding those claims to the extent that iTunes is running on an Apple computer using an accused Mac OS X operating system. 4. Mirror Worlds withdraws with prejudice its claims that Apple directly and/or

indirectly infringes claims 22, 25, 26, 29, 34, and 37 of the `427 patent by making, using, selling and/or offering to sell computers having past or present versions of Safari 4, except that Mirror Worlds does not withdraw its claims regarding those claims to the extent that Safari 4 is running on an Apple computer using an accused Mac OS X operating system. 5. Mirror Worlds withdraws with prejudice its claims that Apple directly and/or

indirectly infringes any claim of the `427 patent by making, using, selling and/or offering to past or present versions of Apple TV. Mirror Worlds withdraws the above claims with prejudice only as to present and past versions of the accused instrumentalities as described in the discovery provided on those instrumentalities by Apple. Mirror Worlds reserves the right to assert infringement should the above instrumentalities be modified to include the patented technology.

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Dated: August 30, 2010 By:

Respectfully submitted, /s/ Alexander Solo Otis Carroll, Lead Counsel (Texas State Bar No. 03895700) Deborah Race (Texas State Bar No. 16448700) IRELAND CARROLL & KELLEY, P.C. 6101 S. Broadway, Suite 500 Tyler, Texas 75703 Tel: [phone] Fax: [phone] Email: [e-mail] Joseph Diamante (Pro Hac Vice) Kenneth L. Stein (Pro Hac Vice) Ian G. DiBernardo (Pro Hac Vice) Alexander Solo (Pro Hac Vice) STROOCK & STROOCK & LAVAN LLP 180 Maiden Lane New York, N.Y. 10038 Tel: [phone] Email: [e-mail] ATTORNEYS FOR PLAINTIFF MIRROR WORLDS LLC

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CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document this 30th day of August, 2010, via the Court's CM/ECF system per Local Rule CV-5(a)(3).

/s/ Alexander Solo