Mirror Worlds, LLC v. Apple, Inc.

Filing 46

NOTICE by Apple, Inc. re #45 Notice (Other), Notice (Other) OF WITHDRAWAL OF SUBPOENA TO ABACUS VENTURES, LLC AND ABACUS VENTURES LIMITED PARTNERSHIP (Attachments: #1 Appendix Subpoenas)(Smith, Stefani)

Mirror Worlds, LLC v. Apple, Inc.

Doc. 46 Att. 1

Issued by the

United States District Court
DISTRICT OF

DELAWAR

MIROR WORLDS, LLC, Plaintiff
v.

SUBPOENA IN A CIVIL CASE
CASE NUMBER: 1 6:08 cv 88 LED Texas, Tyler Division) (Eastern District of

APPLE INC.,

Defendant.
TO: Abacus Ventures, LLC

c/o Delaware Corporations LLC
800 Delaware Avenue

P.O. Box 8702
Wilmington, DE 19801

o YOU AR COMMANED to appear in the United States District Court at the place, date, and time specified below to testify in the above case.
PLACE OF TETIMONY
COURTROOM
DATE AND TIME

o YOU AR COMMANED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case on the following topics: See Attachment B.
PLACE OF DEPOSITION
DATE AND TIME

Weil Gotshal & Manges, LLP 1201 N. Market Street
Suite, 1402
Wilmington, DE 19801

December 1, 2008
9:00 a.m.

0 YOU AR COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date, and time specified below (list documents or obiects): See Attachment A.
PLACE
DATE AND TIME

Weil Gotshal & Manges, LLP 1201 N. Market Street Suite 1402
Wilmington, DE 19801

November 25, 2008

5:00p.m.

YOU AR COMMANED to permit inspection of the following premises at the date and time specified below.
PREMISES

DATE AND TIM

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person wil testify. Federal Rules of Civil Procedure. 30(b)(6). ISSU~ERS ~NAru ~ATE W A75""" roR "'NTI OR DemNDAm

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DEFENDANT APPLE .

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ISSUING OFFICE~NAME. ADDRESS AND PHONE NUMBER

Stefani C. Smith, Weil, Gotshal & Manges LLP, 201 Redwood Shores Parkway, Redwood Shores, CA 94065;
Telephone [phone]

Dockets.Justia.com

ATTACHMENT A
Pursuant to Rule 45 of the Federal Rules of Civil Procedure, Defendant and

Counterclaimant Apple Inc. hereby requests that Abacus Ventures, LLC produce for inspection
and copying the documents and things requested.

DEFINITIONS
1. "You," "Your," and "Abacus" mean Abacus Ventures, LLC, Abacus Ventures

Limited Partnership, Abacus & Associates, L.P., and/or Abacus & Associates Inc., their
predecessors, successors, divisions, departments, and other organizational and operating units of

any of the foregoing, and all past and present directors, officers, employees, agents, affilates,
representatives (including consultants and attorneys), and others purporting to act on their behalf.
2. "Lifestreams" means Lifestreams, Inc., its predecessors, successors, past and

present parents, subsidiaries, divisions, deparments, and other organizational and operating units

of any of the foregoing, and all past and present directors, officers, employees, agents, affiliates,
representatives (including consultants and attorneys), and others purporting to act on its behalf.
3. "Mirror Worlds Technologies" means Mirror Worlds Technologies, Inc., its

predecessors, successors, past and present parents, subsidiaries, divisions, deparments, and other

organizational and operating units of any of the foregoing, and all past and present directors,
officers, employees, agents, affilates, representatives (including consultants and attorneys), and
others purporting to act on its behalf.

4. "Mirror Worlds LLC" means Mirror Worlds LLC, its predecessors, successors,
past and present parents, subsidiaries, divisions, departments, and other organizational and

operating units of any of the foregoing, and all past and present directors, officers, employees,

1

agents, affiliates, representatives (including consultants and attorneys), and others purporting to
act on its behalf.
5. "Plainfield" means Plainfield Specialty Holdings I, Inc., their predecessors,

successors, divisions, deparments, and other organizational and operating units of any of the

foregoing, and all past and present directors, officers, employees, agents, affiliates,
representatives (including consultants and attorneys), and others purporting to act on their behalf.
6. "Recognition Interface" means Recognition Interface Inc. and/or Recognition

Interface LLC, their predecessors, successors, divisions, deparments, and other organizational
and operating units of any of the foregoing, and all past and present directors, officers,

employees, agents, affilates, representatives (including consultants and attorneys), and others
purporting to act on their behalf.

7. The "Patents-in-Suit" means all patents asserted or to be asserted in the future by
Mirror Worlds in this action, including, without limitation, U.S. Patent No. 6,006,227 ('''227
patent"), U.S. Patent No. 6,638,313 ("'313 patent"), U.S. Patent No. 6,725,427 ('''427 patent"),

and U.S. Patent No. 6,768,999 ('''999 patent"), individually and collectively.

8. "Related Patents" means all patents and patent applications relating to any of the

Patents-in-Suit, including any patents or patent applications (including all published and
unpublished pending and abandoned applications) from or through which any of the Patents-in-

Suit claim priority, any patents or patent applications (including all published and unpublished
pending and abandoned applications) that claim priority from or through any of the Patents-inSuit, and any foreign counterpar patents or patent applications (including all published and

unpublished pending and abandoned applications) of any of the foregoing.

2

9. "Document" shall have the meaning set forth in Federal Rule of Civil Procedure

34, and shall include without limitation, information stored in electronic, magnetic, or optical
media, drafts, all translations of documents, and all materials relating to communications.

10. "Communication" means any form of oral or written interchange or attempted

interchange, whether in person, by telephone, by facsimile, by telex, by electronic mail, or by
any other medium.

11. "Relating to" means pertaining to, referring to, and/or relating to the matter
specified.

INSTRUCTIONS
1. This request seeks production of all documents and things described in the request

which are in your possession, custody or control, whether prepared by you or anyone else, and in
any location they may exist.
2. If you withhold any document or any portion thereof on a claim of privilege,

provide a privilege log pursuant to Fed. R. Civ. P. 26.
3. If you contend that a portion of a document contains information which is

immune from discovery, then produce the document with the immune portion redacted therefrom
and describe the redacted portion in a privilege log pursuant to Fed. R. Civ. P. 26 (b)(5).
4. The words "and" and "or" shall be used conjunctively or disjunctively, whichever

makes the request more inclusive.

5. The words "any," "all," or "each" shall be construed as "any, all, and each"
inclusively.
6. The singular form of a word shall include the plural and vice versa.

3

REQUESTS FOR DOCUMENTS AND THINGS

REQUEST NO.1:
All documents and things relating to the Patents-in-Suit or Related Patents.

REQUEST NO.2:
All documents and things relating to the assignment of rights to the Patents-inSuit or Related Patents.

REQUEST NO.3:
All documents and things relating to any sale or transfer of any right or interest in
the Patents-in-Suit or Related Patents.

REQUEST NO.4:
All documents and things relating to actual or potential licenses to the Patents-inSuit or Related Patents, including without limitations, any offers to license the Patents-in-Suit or
Related Patents.

REQUEST NO.5:
Documents sufficient to show whether You have or have had any past, present or
future rights or interest in the Patents-in-Suit or Related Patents, the period during which you had

or have such rights or interest, from whom you obtained such rights or interest and, if applicable,
to whom you assigned such rights or interest.

REQUEST NO.6:
All documents and things relating to communications between or among Abacus,

Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies, Plainfield, and Recognition
Interface relating to the Patents-in-Suit or Related Patents.

4

REQUEST NO.7:
All documents and things relating to communications between or among Abacus,

Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies, Plainfield, and Recognition
Interface, on the one hand, and any third pary, on the other hand, relating to the Patents-in-Suit

or Related Patents.

REQUEST NO.8:
All documents and things relating to communications between or among Abacus,

Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies, Plainfield, and Recognition
Interface, on the one hand, and Dr. David Gelernter, Dr. Nicholas Cariero, Dr. Eric Freeman,
Scott Fertig, Randy Prager or Peter Sparago, on the other hand, relating to the Patents-in-Suit or
Related Patents.

REQUEST NO.9:
All documents and things relating to the value of the Patents-in-Suit or Related
Patents.

REQUEST NO. 10:

All documents and things relating to any valuation, due dilgence, analysis,
assessment, or investigation by Abacus, Lifestreams, Miror Worlds LLC, Mirror Worlds
Technologies, Plainfield, and Recognition Interface or any other person or entity as to the value
of any of the Patents-in-Suit or Related Patents, including without limitation, any due diligence,
valuation or assessment in conjunction with any acquisition or transfer of rights to the Patents-inSuit or in conjunction with the fiing of documents with the Securities and Exchange

Commission or Internal Revenue Service.

5

REQUEST NO. 11:
All documents and things relating to any formal or informal investigation, search,
analysis, opinion, report, study, or observation regarding the scope, validity, infringement,

enforceabilty, patentability, or inventorship of any of the Patents-in-Suit or any Related Patents.

REQUEST NO. 12:
All documents and things relating to Lifestreams, Mirror Worlds LLC or Mirror
Worlds Technologies' products.

REQUEST NO. 13:
All documents and things relating to Mirror Worlds LLC.

REQUEST NO. 14:

All documents and things relating to the value of Mirror Worlds LLC's claims

against Apple Inc. in the litigation filed in the United States District Court for the Eastern
District of Texas, Case No. 6:08 cv 88 LED.

REQUEST NO. 15:
All documents and things relating to any formal or informal investigation, search,

analysis, opinion, report or study of Mirror Worlds LLC's claims against Apple Inc. in Mirror
Worlds LLC v. Apple Inc., Case No. 6:08 cv 88 LED, filed in the United States District Court for

the Eastern District of Texas.

REQUEST NO. 16:
All documents and things relating to Your in role or investment in Mirror Worlds
LLC v. Apple Inc., Case No. 6:08 cv 88 LED, fied in the United States District Court for the

Eastern District of Texas.

6

REQUEST NO.

17:

All documents and things relating to any financial stake or other interest of
Abacus, Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies, Plainfield, Recognition
Interface or any third party in the outcome of or any recovery from Mirror Worlds LLC v. Apple

Inc., Case No. 6:08 cv 88 LED, fied in the United States District Court for the Eastern District of
Texas.

REQUEST NO. 18:
All documents and things relating to Your communications with Mirror Worlds
LLC or its attorneys.

REQUEST NO. 19:
All documents and things relating to any past, present or future relationship

between or among Abacus, Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies,
Plainfield and Recognition Interface, including without limitation, documents and things relating
to corporate or financial relationships between or among any of the above entities.

7

ATTACHMNTB
Pursuant to Rule 45 of the Federal Rules of Civil Procedure, Defendant and

Counterclaimant Apple Inc. hereby requests that Abacus Ventures, LLC produce a witness to
testify as to the following topics.

DEFINITIONS AND INSTRUCTIONS
1. "Y ou," "Your," and "Abacus" mean Abacus Ventures, LLC, Abacus Ventures

Limited Parnership, Abacus & Associates, L.P., and/or Abacus & Associates Inc., their
predecessors, successors, divisions, deparments, and other organizational and operating units of

any of the foregoing, and all past and present directors, officers, employees, agents, affiiates,
representatives (including consultants and attorneys), and others purporting to act on their behalf.
2. "Lifestreams" means Lifestreams, Inc., its predecessors, successors, past and

present parents, subsidiaries, divisions, deparments, and other organizational and operating units

of any of the foregoing, and all past and present directors, officers, employees, agents, affiiates,
representatives (including consultants and attorneys), and others purporting to act on its behalf.
3. "Mirror Worlds Technologies" means Mirror Worlds Technologies, Inc., its

predecessors, successors, past and present parents, subsidiaries, divisions, departments, and other

organizational and operating units of any of the foregoing, and all past and present directors,
officers, employees, agents, affiiates, representatives (including consultants and attorneys), and
others purporting to act on its behalf.

4. "Mirror Worlds LLC" means Mirror Worlds LLC, its predecessors, successors,
past and present parents, subsidiaries, divisions, departments, and other organizational and

operating units of any of the foregoing, and all past and present directors, officers, employees,

8

agents, affiliates, representatives (including consultants and attorneys), and others purporting to
act on its behalf.
5. "Plainfield" means Plainfield Specialty Holdings I, Inc., their predecessors,

successors, divisions, deparments, and other organizational and operating units of any of the

foregoing, and all past and present directors, officers, employees, agents, affiliates,
representatives (including consultants and attorneys), and others purporting to act on their behalf.
6. "Recognition Interface" means Recognition Interface Inc. and/or Recognition

Interface LLC, their predecessors, successors, divisions, departments, and other organizational

and operating units of any of the foregoing, and all past and present directors, officers,
employees, agents, affilates, representatives (including consultants and attorneys), and others
purporting to act on their behalf.

7. The "Patents-in-Suit" means all patents asserted or to be asserted in the future by
Mirror Worlds in this action, including, without limitation, U.S. Patent No. 6,006,227 ('''227
patent"), U.S. Patent No. 6,638,313 ("'313 patent"), U.S. Patent No. 6,725,427 ('''427 patent"),

and U.S. Patent No. 6,768,999 ('''999 patent"), individually and collectively.
8. "Related Patents" means all patents and patent applications relating to any of the

Patents-in-Suit, including any patents or patent applications (including all published and
unpublished pending and abandoned applications) from or through which any of the Patents-in-

Suit claim priority, any patents or patent applications (including all published and unpublished
pending and abandoned applications) that claim priority from or through any of the Patents-inSuit, and any foreign counterpart patents or patent applications (including all published and

unpublished pending and abandoned applications) of any of the foregoing.

9

9. "Relating to" means pertaining to, referring to, and/or relating to the matter
specified.

10. The words "and" and "or" shall be used conjunctively or disjunctively, whichever

makes the request more inclusive.

11. The words "any," "all," or "each" shall be construed as "any, all, and each"
inclusively.
12. The singular form of a word shall include the plural and vice versa.

10

TOPICS OF EXAMINATION
TOPIC NO.1:

All facts and circumstances relating to the assignment of rights to the Patents- inSuit or Related Patents.
TOPIC NO.

2:

All facts and circumstances relating to any sale or transfer of any right or interest
in the Patents-in-Suit or Related Patents.

TOPIC NO.3:
All facts and circumstances relating to actual or potential licenses to the Patentsin-Suit or Related Patents, including without limitations, any offers to license the Patents-in-Suit
or Related Patents.
TOPIC NO.

4:

All facts and circumstances relating to whether You have or have had any past,

present or future rights or interest in the Patents-in-Suit or Related Patents, the period during
which you had or have such rights or interest, from whom you obtained such rights or interest
and, if applicable, to whom you assigned such rights or interest.
TOPIC NO.5:

All facts and circumstances relating to communications between or among

Abacus, Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies, Plainfield, and
Recognition Interface relating to the Patents-in-Suit or Related Patents.

TOPIC NO.6:
All facts and circumstances

relating to communications between or among

Abacus, Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies, Plainfield, and

11

Recognition Interface, on the one hand, and any third party, on the other hand, relating to the

Patents-in-Suit or Related Patents.
TOPIC

NO. 7:

All facts and circumstances relating to communications between or among

Abacus, Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies, Plainfield, and
Recognition Interface, on the one hand, and Dr. David Gelernter, Dr. Nicholas Carriero, Dr. Eric

Freeman, Scott Fertig, Randy Prager or Peter Sparago, on the other hand, relating to the Patentsin-Suit or Related Patents.
TOPIC NO.

8:

The value of the Patents-in-Suit and Related Patents.
TOPIC

NO. 9:

All facts and circumstances relating to any valuation, due dilgence, analysis,

assessment, or investigation by Abacus, Lifestreams, Mirror Worlds LLC, Mirror Worlds
Technologies, Plainfield, and Recognition Interface or any other person or entity as to the value

of any of the Patents-in-Suit or Related Patents, including without limitation, any due dilgence,
valuation or assessment in conjunction with any acquisition or transfer of rights to the Patents-inSuit or in conjunction with the filing of documents with the Securities and Exchange

Commission or Internal Revenue Service.

TOPIC NO. 10:
All facts and circumstances relating to any formal or informal investigation,

search, analysis, opinion, report, study, or observation regarding the scope, validity,
infringement, enforceability, patentability, or inventorship of any of the Patents-in-Suit or any
Related Patents.

12

TOPIC NO. 11:

Your knowledge of Lifestreams, Mirror Worlds LLC or Mirror Worlds
Technologies' products.

TOPIC NO. 12:
All facts and circumstances relating to the value of Mirror Worlds LLC's claims

against Apple Inc. in Mirror Worlds LLC v. Apple Inc., Case No. 6:08 cv 88 LED, fied in the
. United States District Court for the Eastern District of Texas.

TOPIC NO. 13:
All facts and circumstances relating to any formal or informal investigation,

search, analysis, opinion, report or study of Mirror Worlds LLC's claims against Apple Inc. in
Mirror Worlds LLC v. Apple Inc., Case No. 6:08 cv 88 LED, filed in the United States District
Court for the Eastern District of Texas.

TOPIC NO. 14:
All facts and circumstances relating to Your role or investment in Mirror Worlds

LLC v. Apple Inc., Case No. 6:08 cv 88 LED, fied in the United States District Court for the
Eastern District of Texas.

TOPIC NO. 15:

All facts and circumstances relating to any financial stake or other interest of
Abacus, Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies, Plainfield, Recognition
Interface or any third party in the outcome of or any recovery from Mirror Worlds LLC v. Apple

Inc., Case No. 6:08 cv 88 LED, filed in the United States District Cour for the Eastern District
of

Texas.

13

TOPIC NO. 16:
All facts and circumstances relating to Your communications with Mirror Worlds
LLC or its attorneys.
TOPIC NO.

17:

All facts and circumstances relating to any past, present or future relationship

between or among Abacus, Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies,
Plainfield and Recognition Interface, including without limitation, corporate or financial
relationships between or among any of the above entities.

14

Issued by the

United States District Court
DISTRICT OF

DELAWAR

MIROR WORLDS, LLC, Plaintiff
v.
APPLE INC.,

SUBPOENA IN A CIVIL CASE
CASE NUBER: 1 6:08 cv 88 LED (Eastern District of Texas, Tyler Division)

Defendant.
TO:
Abacus Ventures Limited Partnership

c/o The Corporation Trust Company
Corporation Trust Center
1209 Orange Street

Wilmington, DE 19801

o YOU AR COMMANDED to appear in the United States District Court at the place, date, and time specified below to testify in the above case.
PLACE OF TETIMONY
COURTROOM

DATE AND TIME

o YOU AR COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case on the following topics: See Attachment B.
PLACE OF DEPOSITON

DATE AND TIME

Weil Gotshal & Manges, LLP 1201 N. Market Street
Suite 11102

December 4, 2008
9:00 a.m.

Wilmington, DE 19801 0 YOU AR COMMANDED to produce and permit inspection and copying of the following documents or obiects at the place, date, and time sDecified below (list documents or objects): See Attachment A.
PLACE
DATE AND TIME

Weil Gotshal & Manges, LLP 5:00p.m. 1201 N. Market Street Suite 1402 Wilmington, DE 19801 YOU AR COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES
DATE AND TIME

November 25, 2008

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person wil testify. Federal Rules of Civil Procedure. 30(b)(6).

,",m~

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OR DerDANn

DATE

~QJC~:;IT""n' COR

ATTORNYF

DEFENDANT APPLE~

101(08

ISSUING OFFICER'S N~ E, ADDRESS AND PHONE NUMBER

Stefani C. Smith; Weil, Gotshal & Manges LLP, 201 Redwood Shores Parkway, Redwood Shores, CA 94065;
Telephone [phone]

ATTACHMENT A
Pursuant to Rule 45 of the Federal Rules of Civil Procedure, Defendant and

Counterclaimant Apple Inc. hereby requests that Abacus Ventures Limited Parnership produce
for inspection and copying the documents and things requested.

DEFINITIONS
1. "You," "Your," and "Abacus" mean Abacus Ventures, LLC, Abacus Ventures

Limited Partnership, Abacus & Associates, L.P., and/or Abacus & Associates Inc., their
predecessors, successors, divisions, departments, and other organizational and operating units of

any of the foregoing, and all past and present directors, officers, employees, agents, affilates,
representatives (including consultants and attorneys), and others purporting to act on their behalf.
2. "Life

streams" means Lifestreams, Inc., its predecessors, successors, past and

present parents, subsidiaries, divisions, deparments, and other organizational and operating units

of any of the foregoing, and all past and present directors, officers, employees, agents, affiliates,
representatives (including consultants and attorneys), and others purporting to act on its behalf.
3. "Miror Worlds Technologies" means Mirror Worlds Technologies, Inc., its

predecessors, successors, past and present parents, subsidiaries, divisions, departments, and other

organizational and operating units of any of the foregoing, and all past and present directors,
officers, employees, agents, affiliates, representatives (including consultants and attorneys), and
others purporting to act on its behalf.

4. "Mirror Worlds LLC" means Mirror Worlds LLC, its predecessors, successors,
past and present parents, subsidiaries, divisions, departments, and other organizational and

operating units of any of the foregoing, and all past and present directors, officers, employees,

1

agents, affiliates, representatives (including consultants and attorneys), and others purporting to
act on its behalf.
5. "Plainfield" means Plainfield Specialty Holdings I, Inc., their predecessors,

successors, divisions, deparments, and other organizational and operating units of any of the

foregoing, and all past and present directors, officers, employees, agents, affiliates,
representatives (including consultants and attorneys), and others purporting to act on their behalf.
6. "Recognition Interface" means Recognition Interface Inc. and/or Recognition

Interface LLC, their predecessors, successors, divisions, departments, and other organizational
and operating units of any of the foregoing, and all past and present directors, officers,

employees, agents, affiliates, representatives (including consultants and attorneys), and others
purporting to act on their behalf.

7. The "Patents-in-Suit" means all patents asserted or to be asserted in the future by
Mirror Worlds in this action, including, without limitation, U.S. Patent No. 6,006,227 ('''227
patent"), U.S. Patent No. 6,638,313 ("'313 patent"), U.S. Patent No. 6,725,427 ('''427 patent"),

and U.S. Patent No. 6,768,999 ("'999 patent"), individually and collectively.
8. "Related Patents" means all patents and patent applications relating to any of the

Patents-in-Suit, including any patents or patent applications (including all published and
unpublished pending and abandoned applications) from or through which any of the Patents-in-

Suit claim priority, any patents or patent applications (including all published and unpublished
pending and abandoned applications) that claim priority from or through any of the Patents-inSuit, and any foreign counterpart patents or patent applications (including all published and

unpublished pending and abandoned applications) of any of the foregoing.

2

9. "Document" shall have the meaning set forth in Federal Rule of Civil Procedure

34, and shall include without limitation, information stored in electronic, magnetic, or optical
media, drafts, all translations of documents, and all materials relating to communications.

10. "Communication" means any form of oral or written interchange or attempted

interchange, whether in person, by telephone, by facsimile, by telex, by electronic mail, or by
any other medium.

11. "Relating to" means pertaining to, referring to, and/or relating to the matter
specified.

INSTRUCTIONS
1. This request seeks production of all documents and things described in the request

which are in your possession, custody or control, whether prepared by you or anyone else, and in
any location they may exist.
2. If you withhold any document or any portion thereof on a claim of privilege,

provide a privilege log pursuant to Fed. R. Civ. P. 26.
3. If you contend that a portion of a document contains information which is

immune from discovery, then produce the document with the immune portion redacted therefrom
and describe the redacted portion in a privilege log pursuant to Fed. R. Civ. P. 26 (b)(5).
4. The words "and" and "or" shall be used conjunctively or disjunctively, whichever

makes the request more inclusive.

5. The words "any," "all," or "each" shall be construed as "any, all, and each"
inclusively.

6. The singular form of a word shall include the plural and vice versa.

3

REQUESTS FOR DOCUMENTS AND TIDNGS

REQUEST NO.1:
All documents and things relating to the Patents-in-Suit or Related Patents.

REQUEST NO.2:
All documents and things relating to the assignment of rights to the Patents- inSuit or Related Patents.

REQUEST NO.3:
All documents and things relating to any sale or transfer of any right or interest in
the Patents-in-Suit or Related Patents.

REQUEST NO.4:
All documents and things relating to actual or potential licenses to the Patents-inSuit or Related Patents, including without limitations, any offers to license the Patents-in-Suit or
Related Patents.

REQUEST NO.5:
Documents sufficient to show whether You have or have had any past, present or
future rights or interest in the Patents-in-Suit or Related Patents, the period during which you had

or have such rights or interest, from whom you obtained such rights or interest and, if applicable,
to whom you assigned such rights or interest.

REQUEST NO.6:
All documents and things relating to communications between or among Abacus,

Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies, Plainfield, and Recognition
Interface relating to the Patents-in-Suit or Related Patents.

4

REQUEST NO.7:
All documents and things relating to communications between or among Abacus,

Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies, Plainfield, and Recognition
Interface, on the one hand, and any third pary, on the other hand, relating to the Patents-in-Suit

or Related Patents.

REQUEST NO.8:
All documents and things relating to communications between or among Abacus,

Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies, Plainfield, and Recognition
Interface, on the one hand, and Dr. David Gelernter, Dr. Nicholas Carriero, Dr. Eric Freeman,
Scott Fertig, Randy Prager or Peter Sparago, on the other hand, relating to the Patents-in-Suit or
Related Patents.

REQUEST NO.9:
All documents and things relating to the value of the Patents-in-Suit or Related
Patents.

REQUEST NO. 10:

All documents and things relating to any valuation, due diligence, analysis,
assessment, or investigation by Abacus, Lifestreams, Mirror Worlds LLC, Mirror Worlds
Technologies, Plainfield, and Recognition Interface or any other person or entity as to the value
of any of the Patents-in-Suit or Related Patents, including without limitation, any due diligence,
valuation or assessment in conjunction with any acquisition or transfer of rights to the Patents-inSuit or in conjunction with the filng of documents with the Securities and Exchange

Commission or Internal Revenue Service.

5

REQUEST NO. 11:
All documents and things relating to any formal or informal investigation, search,
analysis, opinion, report, study, or observation regarding the scope, validity, infringement,
enforceabilty, patentabilty, or inventorship of any of the Patents-in-Suit or any Related Patents.

REQUEST NO. 12:
All documents and things relating to Lifestreams, Mirror Worlds LLC or Mirror
Worlds Technologies' products.

REQUEST NO. 13:
All documents and things relating to Mirror Worlds LLC.

REQUEST NO. 14:

All documents and things relating to the value of Mirror Worlds LLC's claims
against Apple Inc. in the litigation fied in the United States District Court for the Eastern

District of Texas, Case No. 6:08 cv 88 LED.

REQUEST NO. 15:
All documents and things relating to any formal or informal investigation, search,

analysis, opinion, report or study of Mirror Worlds LLC's claims against Apple Inc. in Mirror
Worlds LLC v. Apple Inc., Case No. 6:08 cv 88 LED, fied in the United States District Court for

the Eastern District of Texas.

REQUEST NO. 16:
. All documents and things relating to Your in role or investment in Mirror Worlds
LLC v. Apple Inc., Case No. 6:08 cv 88 LED, fied in the United States District Court for the

Eastern District of Texas.

6

REQUEST NO.

17:

All documents and things relating to any financial stake or other interest of
Abacus, Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies, Plainfield, Recognition
Interface or any third party in the outcome of or any recovery from Mirror Worlds LLC v. Apple

Inc., Case No. 6:08 cv 88 LED, fied in the United States District Court for the Eastern District of
Texas.

REQUEST NO. 18:
All documents and things relating to Your communications with Mirror Worlds
LLC or its attorneys.

REQUEST NO. 19:
All documents and things relating to any past, present or future relationship

between or among Abacus, Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies,
Plainfield and Recognition Interface, including without limitation, documents and things relating
to corporate or financial relationships between or among any of the above entities.

7

ATTACHMENT B
Pursuant to Rule 45 of the Federal Rules of Civil Procedure, Defendant and

Counterclaimant Apple Inc. hereby requests that Abacus Ventures Limited Partnership produce a
witness to testify as to the following topics.

DEFINITIONS AND INSTRUCTIONS
1. "You," "Your," and "Abacus" mean Abacus Ventures, LLC, Abacus Ventures

Limited Partnership, Abacus & Associates, L.P., and/or Abacus & Associates Inc., their
predecessors, successors, divisions, deparments, and other organizational and operating units of

any of the foregoing, and all past and present directors, officers, employees, agents, affiiates,
representatives (including consultants and attorneys), and others purporting to act on their behalf.

2. "Lifestreams" means Lifestreams, Inc., its predecessors, successors, past and
present parents, subsidiaries, divisions, departments, and other organizational and operating units

of any of the foregoing, and all past and present directors, officers, employees, agents, affiliates,
representatives (including consultants and attorneys), and others purporting to act on its behalf.
3. "Mirror Worlds Technologies" means Mirror Worlds Technologies, Inc., its

predecessors, successors, past and present parents, subsidiaries, divisions, departments, and other

organizational and operating units of any of the foregoing, and all past and present directors,
officers, employees, agents, affiliates, representatives (including consultants and attorneys), and
others purporting to act on its behalf.

4. "Mirror Worlds LLC" means Miror Worlds LLC, its predecessors, successors,
past and present parents, subsidiaries, divisions, deparments, and other organizational and

operating units of any of the foregoing, and all past and present directors, officers, employees,

8

agents, affiiates, representatives (including cons�ltants and attorneys), and others purporting to

act on its behalf.
5. "Plainfield" means Plainfield Specialty Holdings I, Inc., their predecessors,

successors, divisions, deparments, and other organizational and operating units of any of the

foregoing, and all past and present directors, officers, employees, agents, affiliates,
representatives (including consultants and attorneys), and others purporting to act on their behalf.
6. "Recognition Interface" means Recognition Interface Inc. and/or Recognition

Interface LLC, their predecessors, successors, divisions, deparments, and other organizational
and operating units of any of the foregoing, and all past and present directors, officers,
employees, agents, affilates, representatives (inc1llding consultants and attorneys), and others

purporting to act on their behalf.
7. The "Patents-in-Suit" means all

patents asserted or to be asserted in the future by

Mirror Worlds in this action, including, without limitation, U.S. Patent No. 6,006,227 ("'227
patent"), U.S. Patent No. 6,638,313 ('''313 patent"), U.S. Patent No. 6,725,427 ('''427 patent"),

and U.S. Patent No. 6,768,999 ('''999 patent"), individually and collectively.
8. "Related Patents" means all patents and patent applications relating to any of the

Patents-in-Suit, including any patents or patent applications (including all published and
unpublished pending and abandoned applications) from or though whiCh any of the Patents-in-

Suit claim priority, any patents or patent applications (including all published and unpublished
pending and abandoned applications) that claim priority from or through any of the Patents-inSuit, and any foreign counterpart patents or patent applications (including all published and

unpublished pending and abandoned applications) of any of the foregoing.

9

9. "Relating to" means pertaining to, referring to, and/or relating to the matter
specified.

10. The words "and" and "or" shall be used conjunctively or disjunctively, whichever

makes the request more inclusive.

11. The words "any," "all," or "each" shall be construed as "any, all, and each"
inclusively.
12. The singular form of a word shall include the plural and vice versa.

10

TOPICS OF EXAMINATION
TOPIC NO.

1:

All facts and circumstances relating to the assignment of rights to the Patents-inSuit or Related Patents.

TOPIC NO.2:
All facts and circumstances relating to any sale or transfer of any right or interest
in the Patents-in-Suit or Related Patents.

TOPIC NO.3:
All facts and circumstances relating to actual or potential licenses to the Patentsin-Suit or Related Patents, including without limitations, any offers to license the Patents-in-Suit
or Related Patents.
TOPIC

NO.4:
All facts and circumstances relating to whether You have or have had any past,

present or future rights or interest in the Patents-in-Suit or Related Patents, the period during
which you had or have such rights or interest, from whom you obtained such rights or interest
and, if applicable, to whom you assigned such rights or interest. .
TOPIC NO.

5:

All facts and circumstances relating to communications between or among

Abacus, Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies, Plainfield, and
Recognition Interface relating to the Patents-in-Suit or Related Patents.

TOPIC NO.6:

All facts and circumstances relating to communications between or among

Abacus, Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies, Plainield, and

11

Recognition Interface, on the one hand, and any third pary, on the other hand, relating to the
Patents-in-Suit or Related Patents.

TOPIC NO.7:

All facts and circumstances relating to communications between or among

Abacus, Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies, Plainfield, and
Recognition Interface, on the one hand, and Dr. David Gelernter, Dr. Nicholas Cariero, Dr. Eric
Freeman, Scott Fertig, Randy Prager or Peter Sparago, on the other hand, relating to the Patentsin-Suit or Related Patents.

TOPIC NO.8:
The value of the Patents-in-Suit and Related Patents.

TOPIC NO.9:
All facts and circumstances relating to any valuation, due dilgence, analysis, assessment, or

investigation by Abacus, Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies,
Plainfield, and Recognition Interface or any other person or entity as to the value of any of the Patents-in-Suit or Related Patents, including without limitation, any due dilgence, valuation or

assessment in conjunction with any acquisition or transfer of rights to the Patents-in-Suit or in
conjunction with the filing of documents with the Securities and Exchange Commission 010:

All facts and circumstances relating to any formal or informal investigation,

search, analysis, opinion, report, study, or observation regarding the scope, validity,
infringement, enforceabilty, patentability, or inventorship of any of the Patents-in-Suit or any
Related Patents.

12

TOPIC NO. 10:

Your knowledge of Lifestreams, Mirror Worlds LLC or Mirror Worlds
Technologies' products.

TOPIC NO. 11:
All facts and circumstances relating to the value of Mirror Worlds LLC' s claims

against Apple Inc. in Mirror Worlds LLC v. Apple Inc., Case No. 6:08 cv 88 LED, fied in the
United States District Court for the Eastern District of Texas.

TOPIC NO. 12:
All facts and circumstances relating to any formal or informal investigation,

search, analysis, opinion, report or study of Mirror Worlds LLC's claims against Apple Inc. in
Mirror Worlds LLC v. Apple Inc., Case No. 6:08 cv 88 LED, filed in the United States District
Court for the Eastern District of Texas.

TOPIC NO. 13:
All facts and circumstances relating to Your role or investment in Mirror Worlds
LLC v. Apple Inc., Case No. 6:08 cv 88 LED, fied in the United States District Court for the

Eastern District of Texas.

TOPIC NO. 14:

All facts and circumstances relating to any financial stake or other interest of
Abacus, Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies, Plainfield, Recognition
Interface or any third party in the outcome of or any recovery from Mirror Worlds LLC v. Apple

Inc., Case No. 6:08 cv 88 LED, fied in the United States District Court for the Eastern District of
Texas.

13

TOPIC NO. 15:
All facts and circumstances relating to Your communications with Mirror Worlds
LLC or its attorneys.

TOPIC NO. 16:

All facts and circumstances relating to any past, present or future relationship between or among Abacus, Lifestreams, Mirror Worlds LLC, Mirror Worlds Technologies,
Plainfield and Recognition Interface, including without limitation, corporate or financial
relationships between or among any of the above entities.

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