Mirror Worlds, LLC v. Apple, Inc.

Filing 353

NOTICE by Mirror Worlds, LLC of Asserted Claims for Trial (Supplemental) (Solo, Alexander)

Mirror Worlds, LLC v. Apple, Inc.

Doc. 353

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. PLAINTIFF MIRROR WORLDS, LLC'S SUPPLEMENTAL NOTICE OF ASSERTED CLAIMS FOR TRIAL Pursuant to the Court's order issued at the Pre-Trial Conference held on August 26, 2010 and the Court's order issued on June 30, 2010 (D.I. 351), Plaintiff Mirror Worlds, LLC hereby identifies the following patent claims that it intends to pursue at trial: U.S. Patent No. 6,006,227: claims 13 and 22; U.S. Patent No. 6,725,427: claims 1, 8, 16, 18 and 25; and U.S. Patent No. 6,638,313: claims 1, 2, 3, 9 and 11. Plaintiff Mirror Worlds, LLC, further identifies the following accused Apple products for each patent claim that it intends to pursue at trial: -1-

Dockets.Justia.com

CLAIM `227 Claim 13

ACCUSED PRODUCTS 1. Apple's Leopard and Snow Leopard Operating Systems and Apple computers and devices that contain or utilize those operating systems. 1 2. Apple software designed to work with or utilizing Spotlight in Apple's Leopard or Snow Leopard Operating Systems.2 3. Apple's Tiger Operating Systems and Apple computers and devices that contain or utilize those operating systems.3 4. Apple software designed to work with or utilizing Spotlight in Apple's Tiger Operating Systems.4

`227 Claim 22

1. Apple's Leopard and Snow Leopard Operating Systems and Apple computers and devices that contain or utilize those operating systems. 2. Apple software designed to work with or utilizing Spotlight in Apple's Leopard or Snow Leopard Operating Systems.

`427 Claim 1

3. Apple Time Capsule. 1. Apple's Leopard and Snow Leopard Operating Systems and Apple computers and devices that contain or utilize those operating systems.

As used herein, "Apple's Leopard and Snow Leopard Operating Systems" refers to (a) Mac OS X 10.5 Leopard, (b) Mac OS X Server V10.5 Leopard, (c) Mac OS X 10.6 Snow Leopard, and (d) Mac OS X Server V10.6 Snow Leopard. The Apple computers and devices that contain or utilize Apple's Leopard and Snow Leopard Operating Systems include the eMac, MacBook, MacBook Air, MacBook Pro, Mac mini, iMac, Mac Pro, iBook, PowerBook, Power Mac, and PowerPC with OS X 10.5 Leopard or OS X 10.6 Snow Leopard; and Apple Xserve with Mac OS X Server V10.5 Leopard or Mac OS X Server V10.6 Snow Leopard. The Apple software designed to work with or utilizing Spotlight in Apple's Leopard or Snow Leopard Operating Systems includes the following: (a) iLife, (b) iWork, (c) Apple Remote Desktop, (d) Final Cut Express, (e) Final Cut Server, (f) Final Cut Studio 2, (g) Logic Express, (h) Logic Studio, (i) Xsan 2 and (j) MobileMe Web Gallery. As used herein, "Apple's Tiger Operating Systems" refers to Mac OS X 10.4 Tiger or Mac OS X Server V10.4 Tiger. The Apple computers and devices that contain or utilize Apple's Tiger Operating Systems include the eMac, MacBook, MacBook Air, MacBook Pro, Mac mini, iMac, Mac Pro, iBook, PowerBook, Power Mac, PowerPC with OS X 10.4 Tiger, and Apple Xserve with Mac OS X Server V10.4 Tiger. The Apple software designed to work with or utilizing Spotlight in Apple's Tiger Operating Systems includes the following: (a) iLife, (b) iWork, (c) Apple Remote Desktop, (d) Final Cut Express, (e) Final Cut Server, (f) Final Cut Studio 2, (g) Logic Express, (h) Logic Studio, (i) Xsan 2 and (j) MobileMe Web Gallery. -24 3 2

1

2. Apple software designed to work with or utilizing Spotlight in Apple's Leopard or Snow Leopard Operating Systems. `427 Claim 8 3. Apple Time Capsule. 1. Apple's Leopard and Snow Leopard Operating Systems and Apple computers and devices that contain or utilize those operating systems. 2. Apple software designed to work with or utilizing Spotlight in Apple's Leopard or Snow Leopard Operating Systems. `427 Claim 16 3. Apple Time Capsule. 1. Apple computers and devices that contain Cover Flow, including the Apple iPhone, iPod Touch, iPod Classic, iPod Nano, and iPad. 2. Apple computers that have iTunes or Safari 4 including Cover Flow. 3. Apple's Leopard and Snow Leopard Operating Systems and Apple computers and devices that contain or utilize those operating systems. 1. Apple computers and devices that contain Cover Flow, including the Apple iPhone, iPod Touch, iPod Classic, iPod Nano, and iPad. 2. Apple computers that have iTunes or Safari 4 including Cover Flow. 3. Apple's Leopard and Snow Leopard Operating Systems and Apple computers and devices that contain or utilize those operating systems. 3. Apple's Leopard and Snow Leopard Operating Systems and Apple computers and devices that contain or utilize those operating systems. 1. Apple's Leopard and Snow Leopard Operating Systems and Apple computers and devices that contain or utilize those operating systems. 2. Apple software designed to work with or utilizing Spotlight in Apple's Leopard or Snow Leopard Operating Systems. `313 Claim 2 3. Apple Time Capsule. 1. Apple's Leopard and Snow Leopard Operating Systems and Apple computers and devices that contain or utilize those operating systems. 2. Apple software designed to work with or utilizing Spotlight in Apple's Leopard or Snow Leopard Operating Systems. `313 Claim 3 3. Apple Time Capsule. 1. Apple's Leopard and Snow Leopard Operating Systems and Apple computers and devices that contain or utilize those operating systems. 2. Apple software designed to work with or utilizing Spotlight in Apple's -3-

"427 Claim 18

`427 Claim 25 `313 Claim 1

Leopard or Snow Leopard Operating Systems. `313 Claim 9 3. Apple Time Capsule. 1. Apple's Leopard and Snow Leopard Operating Systems and Apple computers and devices that contain or utilize those operating systems. 2. Apple software designed to work with or utilizing Spotlight in Apple's Leopard or Snow Leopard Operating Systems. `313 Claim 11 3. Apple Time Capsule. 1. Apple's Leopard and Snow Leopard Operating Systems and Apple computers and devices that contain or utilize those operating systems. 2. Apple software designed to work with or utilizing Spotlight in Apple's Leopard or Snow Leopard Operating Systems. 3. Apple Time Capsule. Dated: August 31, 2010 Respectfully submitted, By: /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

-4-

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 31st day of August, 2010, via the Court's CM/ECF system per Local Rule CV-5(a)(3).

/s/ Alexander Solo