Mirror Worlds, LLC v. Apple, Inc.

Filing 389

MOTION to Strike the Untimely Supplemental Expert Rebuttal Report of John Levy, Ph.D. Regarding Validity and To Preclude Dr. Levy from Testifying at Trial About His New Opinions by Apple, Inc.. (Attachments: #1 Affidavit Declaration of J. Randall, #2 Exhibit 1, #3 Exhibit 2 (Part 1 of 2), #4 Exhibit 2 (Part 2 of 2), #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Text of Proposed Order)(Randall, Jeffrey)

Mirror Worlds, LLC v. Apple, Inc.

Doc. 389 Att. 1

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

DECLARATION OF JEFFREY G. RANDALL IN SUPPORT OF APPLE INC.'S MOTION TO STRIKE THE UNTIMELY SUPPLEMENTAL EXPERT REBUTTAL REPORT OF JOHN LEVY, PH.D. REGARDING VALIDITY AND TO PRECLUDE DR. LEVY FROM TESTIFYING AT TRIAL ABOUT HIS NEW OPINIONS

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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. 2. Attached hereto as Exhibit 1 is a true and correct copy of the Supplemental Expert

Rebuttal Report of John Levy, Ph.D. Regarding Validity, dated September 14, 2010 with annotations. 3. Attached hereto as Exhibit 2 is a true and correct copy of the Expert Report of

Steven K. Feiner, Ph.D. Re: Invalidity of U.S. Patent No. 6,006,227, U.S. Patent No. 6,638,313, U.S. Patent No. 6,725,427 and U.S. Patent No. 6,768,999, dated May, 20, 2010. 4. Attached hereto as Exhibit 3 is a true and correct copy of excerpts from the Expert

Rebuttal Report of John Levy, Ph.D. Regarding Validity, dated June 4, 2010. 5. Attached hereto as Exhibit 4 is a true and correct copy of excerpts from

Defendant's Amended Invalidity Contentions, dated May 11, 2009 with annotations. 6. Attached hereto as Exhibit 5 are true and correct copies of the Notices of

Deposition of Edward Belove, dated May 28, 2010, and the cover page of the deposition transcript of Edward Belove, dated June 10, 2010. 7. Attached hereto as Exhibit 6 are true and correct copies of the Notices of

Deposition of Christopher Schmandt, dated May 28, 2010, and the cover page of the deposition transcript of Christopher Schmandt, dated June 11, 2010.

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8.

Attached hereto as Exhibit 7 are true and correct copies of the Notice of

Deposition of Mark Lansdale, Ph.D., dated May 28, 2010, and the cover page of the deposition transcript of Mark Lansdale, Ph.D., dated June 16, 2010. 9. Attached hereto as Exhibit 8 are true and correct copies of the Notice of

Deposition of Custodian of Records of MAYA Design, Inc., dated May 25, 2010, the Notice of Deposition of Peter Lucas, Ph.D., dated June 10, 2010, and the cover page of the deposition transcript of Peter Lucas, Ph.D., dated June 16, 2010. 10. Attached hereto as Exhibit 9 is a true and correct copy of Versata Software, Inc. v.

SAP Am., No. 2:07-cv-153, slip op. (E.D. Tex. Aug. 7, 2009). 11. Attached hereto as Exhibit 10 is a true and correct copy of an e-mail string

beginning with an e-mail from Allan M. Soobert, counsel for Apple, to Alex Solo, counsel for Mirror Worlds, dated July 22, 2010. 12. Attached hereto as Exhibit 11 is a true and correct copy of a list of the references

disclosed prior to May 20, 2010, and the list of references disclosed between May 20, 2010 and June 14, 2010. I declare under penalty of perjury that the foregoing is true and correct. Dated this 18th day of September, 2010. /s/ Jeffrey G. Randall
LEGAL_US_E # 89741258.1

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