Mirror Worlds, LLC v. Apple, Inc.

Filing 57

AFFIDAVIT in Support re #56 MOTION for Leave to File First Amended Answer, Affirmative Defenses, and Counterclaims (Declaration of Nicholas A. Brown) filed by Apple, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mehta, Sonal)

Mirror Worlds, LLC v. Apple, Inc.

Doc. 57

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

MIOR WORLS, LLC,
Plaintiff,
v.
APPLE

§

INC.,

Defendant.

§ § § § § § § § § §

Civil Action No. 6:08-CV -88 LED

JURY TRI DEMANDED

DECLARATION OF NICHOLAS A. BROWN IN SUPPORT OF APPLE INC.'S MOTION FOR LEA VE TO FILE ITS FIRST AMENDED ANSWER, AFFIRMTIVE DEFENSES AND COUNTERCLAIMS
I, Nicholas A. Brown, declare as follows:

1. I am a member of the State Bar of California and a parner of the law firm
of Weil, Gotshal & Manges LLP, counsel of record for Apple, Inc. in this case. I have personal

knowledge of the facts stated in this Declaration and, if called upon as a witness, could and
would testify competently thereto.
2. In conjunction with its investigation of Apple's Piles work and U.S. Patent

No. 6,613,101 as prior art, Apple investigated whether Mirror Worlds Technologies' Scopeware

product infringed Apple's '101 patent. As of the November 3, 2008 date for amendment of
pleadings without leave, Apple was evaluating its patent infringement counterclaim.
3. Apple concluded its investigation and decision-making process related to

that claim over the following weeks. Once its evaluation was complete, Apple promptly filed an

amended pleading that included a counterclaim for infringement of the '101 patent and added

Dockets.Justia.com

Mirror Worlds Technologies as a counterclaim defendant. Apple's filing was dated November
25, 2008, approximately three weeks after the deadline for filng without leave.
4. Over the first two weeks of December, I met and conferred with counsel

for Mirror Worlds about Apple's request for leave to file its new counterclaim.
5. After multiple calls over the first ten days of December, Mirror Worlds

advised that it would need until December 16, 2008 to decide whether or not it would consent to
Apple's request. Attached hereto as Exhibit A is a December 11, 2008 email from me to counsel

for Mirror Worlds memorializing their agreement to provide a final decision by December 16,
2008.

6. On December 16, counsel for Mirror Worlds stated that Mirror Worlds
would oppose a motion for leave to file an amended answer. Attached hereto as Exhibit B is a

true and correct copy of the December 16, 2008 letter from Kenneth Stein, counsel for Mirror
Worlds, advising Apple of its decision.
7. Attached hereto as Exhibit C is a true and correct copy of Mirror Worlds

LLC's Initial Disclosures, dated November 5,2008.
Executed on this 23rd day of December at Redwood Shores, California.

I declare under penalty of perjury under the laws of the United States of America
that the foregoing is true and correct.

NrėkNichii.as A Brown 7 . l M ol 07 tJ ImM

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