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. 10

Exhibit 8

Dockets.Justia.com

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

NOTICE OF DEPOSITION OF CUSTODIAN OF RECORDS OF MAYA DESIGN, INC. TO MIRROR WORLDS, LLC, MIRROR WORLDS TECHNOLOGIES, INC. AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that, pursuant to Rules 30 and 45 of the Federal Rules of Civil Procedure, Apple Inc. ("Apple") will take the deposition under oath of the Custodian of Records of non-party MAYA Design, Inc., 2730 Sidney Street Suite 300, Pittsburgh, PA 15203. The deposition is being taken for all purposes permitted under the Federal Rules of Civil Procedure including discovery and for use at trial.

NOTICE OF DEPOSITION OF MAYA DESIGNS, INC.

CIVIL ACTION NO. 6:08-CV-88 LED

The deposition will begin at 9:00 a.m., on June 10, 2010, and continue from day to day until completed, weekends and holidays excepted, at AKF Reporters, 436 Boulevard of the Allies, Pittsburgh, PA 15219-1314. The deposition will be taken by oral examination before a notary public or other person authorized by law to administer oaths. The deposition will be recorded by stenographic and audiovisual means and may include the use of interactive real-time transcription through LiveNote or other similar software. Pursuant to Rule 30(b)(2) of the Federal Rules of Civil Procedure, non-party MAYA Design, Inc. is instructed to produce the categories of documents described in "Schedule A" to the Subpoena dated May 25, 2010 and incorporated herein by this reference by producing the requested documents to counsel for Apple Inc. at the time and place specified in the subpoena.

Dated: May 25, 2010

Respectfully submitted, PAUL, HASTINGS, JANOFSKY, AND WALKER LLP /s/ Allan M. Soobert Jeffery G. Randall Lead Attorney PAUL, HASTINGS, JANOFSKY, AND WALKER LLP 1117 S. California Avenue Palo Alto, California 94304-1106 Telephone: [phone] Facsimile: [phone] [e-mail] Allan M. Soobert PAUL, HASTINGS, JANOFSKY, AND WALKER LLP 875 15th Street, N.W. Washington, DC 20005 Telephone: [phone] Facsimile: [phone] [e-mail]

NOTICE OF DEPOSITION OF MAYA DESIGNS, INC.

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CIVIL ACTION NO. 6:08-CV-88 LED

Eric M. Albritton Texas State Bar No. 00790215 ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Telephone: [phone] Facsimile: [phone] [e-mail] COUNSEL FOR APPLE INC.

NOTICE OF DEPOSITION OF MAYA DESIGNS, INC.

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CIVIL ACTION NO. 6:08-CV-88 LED

CERTIFICATE OF SERVICE I certify that on May 25, 2010, I served a true and correct copy of NOTICE OF DEPOSITION OF CUSTODIAN OF RECORDS OF MAYA DESIGN, INC. upon the following counsel of record for Mirror Worlds, LLC and Mirror Worlds Technologies, Inc.: IRELAND CARROLL & KELLEY Otis W. Carroll, Jr. ([e-mail]) Deborah J. Race ([e-mail]) 6101 S. Broadway, Suite 500 Tyler, TX 75730 Telephone: [phone] Facsimile: 903-581-1071 STROOCK & STROOCK & LAVAN LLP Joseph Diamante (jdiamante @stroock.com) Kenneth Stein ([e-mail]) 1280 Maiden Lane New York NY 10038 Telephone: [phone] Facsimile: 903-581-1071 by way of the parties' agreed upon service address: [e-mail] I declare the foregoing to be true and correct. Executed this 25th day of May, 2010, at Palo Alto, California.

___________________________________ Sari J. Ellovich

NOTICE OF DEPOSITION OF MAYA DESIGNS, INC.

CIVIL ACTION NO. 6:08-CV-88 LED

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

NOTICE OF DEPOSITION OF PETER LUCAS, PH.D. TO MIRROR WORLDS, LLC, MIRROR WORLDS TECHNOLOGIES, INC. AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that, pursuant to Rule 30 of the Federal Rules of Civil Procedure, Apple Inc. ("Apple") will take the deposition under oath of Peter Lucas, Ph.D. The deposition is being taken for all purposes permitted under the Federal Rules of Civil Procedure including discovery and for use at trial. The deposition will begin at 9:00 a.m., on June 16, 2010, and continue from day to day until completed, weekends and holidays excepted, at MAYA Design, Inc., 2730 Sidney Street, Suite 300, Pittsburgh, Pennsylvania 15203.

The deposition will be taken by oral examination before a notary public or other person authorized by law to administer oaths. The deposition will be recorded by stenographic and audiovisual means and may include the use of interactive real-time transcription through LiveNote or other similar software.

Dated: June 10, 2010

Respectfully submitted, PAUL, HASTINGS, JANOFSKY, AND WALKER LLP /s/ Jeffrey G. Randall Jeffery G. Randall Lead Attorney PAUL, HASTINGS, JANOFSKY, AND WALKER LLP 1117 S. California Avenue Palo Alto, California 94304-1106 Telephone: [phone] Facsimile: [phone] [e-mail] Allan M. Soobert PAUL, HASTINGS, JANOFSKY, AND WALKER LLP 875 15th Street, N.W. Washington, DC 20005 Telephone: [phone] Facsimile: [phone] [e-mail] Eric M. Albritton Texas State Bar No. 00790215 ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Telephone: [phone] Facsimile: [phone] [e-mail] COUNSEL FOR APPLE INC.

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CERTIFICATE OF SERVICE I certify that on June 10, 2010, I served a true and correct copy of NOTICE OF DEPOSITION OF PETER LUCAS, PH.D. upon the following counsel of record for Mirror Worlds, LLC and Mirror Worlds Technologies, Inc.: IRELAND CARROLL & KELLEY Otis W. Carroll, Jr. ([e-mail]) Deborah J. Race ([e-mail]) 6101 S. Broadway, Suite 500 Tyler, TX 75730 Telephone: [phone] Facsimile: 903-581-1071 STROOCK & STROOCK & LAVAN LLP Joseph Diamante (jdiamante @stroock.com) Kenneth Stein ([e-mail]) 1280 Maiden Lane New York NY 10038 Telephone: [phone] Facsimile: 212-806-6006 by way of the parties' agreed upon service address: [e-mail] I declare the foregoing to be true and correct. Executed this 10th day of June, 2010, at Washington, D.C.

___________________________________ Kim Moore
LEGAL_US_E # 88488527.1

PETER LUCAS, Ph.D.

June 16, 2010 Page 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION MIRROR WORLDS, LLC, Plaintif, Civil Action No. 6:08-cv-88 LED v APPLE, INC.,, Defendant. ---------------------------------------------------APPLE, INC., Counterclaim Plaintiff, v MIRROR WORLDS, LLC, MIRROR WORLDS TECHNOLOGIES, INC., Counterclaim Defendants. ---DEPOSITION OF: PETER LUCAS, Ph.D. ---DEPOSITION DATE: June 16, 2010 Wednesday, 9:09 a.m. LOCATION: MAYA Design 2730 Sidney Street Suite 300 Pittsburgh, PA TAKEN BY: Defendant/Counterclaim Plaintiff REPORTED BY: Pamela L. Beck Notary Public AKF Reference No. PB18390

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