Mirror Worlds, LLC v. Apple, Inc.

Filing 390

RESPONSE in Opposition re 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 filed by Mirror Worlds, LLC. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Declaration of Alexander Solo, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4)(Solo, Alexander)

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Mirror Worlds, LLC v. Apple, Inc. Doc. 390 Att. 3 Dockets.Justia.com From: Sent: To: Cc: Subject: Alex- Platt, Christian [christianplatt@paulhastings.com] Wednesday, August 18, 2010 12:24 PM Solo, Alex MW_v_Apple; Mirror Worlds Mirror Worlds v. Apple: Follow-up Issues regarding resolution of parties' invalidity positions We write to follow-up on the parties' global resolution of each side's invalidity contentions. In light of the parties' agreement to allow Mirror Worlds Technologies to amend its answer to include an invalidity defense to the Piles countersuit and to serve invalidity contentions regarding the Piles patent, we propose that the parties be allowed to rely on the expert declarations of Drs. Levy and Feiner, submitted in connection with MWT's motion for summary judgment of invalidity, at trial as part of their expert disclosures under Rule 26. Similarly, in light of the parties' agreement to allow Apple to supplement its invalidity contentions, we propose that Mirror Worlds be allowed to rely at trial on Dr. Levy's supplemental expert declaration on the validity of Mirror Worlds' patents, which was submitted in opposition to Apple's motion for summary judgment of invalidity. We believe this approach is consistent with the parties' global resolution of validity issues and will avoid unnecessary motion practice. Please let us know if you agree and we will circulate an unopposed motion for leave of court along these lines. Best regards, Christian ___________________________________________________________________________ _ S. Christian Platt, Partner | Paul, Hastings, Janofsky & Walker LLP | 4747 Executive Drive, 12th Floor, San Diego, CA 92121 | direct: 858 458 3034 | direct fax: 858 458 3134 | main: 858 458 3000 | main fax: 858 458 3005 | christianplatt@paulhastings.com | www.paulhastings.com _________________________________________________________ ********************************************************* IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that any written tax advice contained herein was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code. ********************************************************* This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments. For additional information, please visit our website at www.paulhastings.com. 1

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