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)

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Mirror Worlds, LLC v. Apple, Inc. Doc. 57 Att. 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION MIRROR WORLDS, LLC, Plaintiff, vs. APPLE INC., Defendant. § § § § § § § § § § CASE NO. 6:08 cv 88 LED PLAINTIFF MIRROR WORLDS' INITIAL DISCLOSURES Pursuant to the Court's Orders, Plaintiff Mirror Worlds, LLC ("Mirror Worlds") hereby discloses the following information to Defendant Apple, Inc. ("Apple"). Mirror Worlds has not yet completed discovery relating to this action, and its investigation of the facts is continuing and will continue up to and throughout the trial of this action. Therefore, Mirror Worlds' disclosures are made without prejudice to its right to supplement these disclosures and to introduce any and all documents, witnesses and other evidence of any kind in the proceedings in this action. By making these disclosures, Mirror Worlds does not represent that it is identifying every witness, document, or tangible thing that it may use to support its claims or defenses in this action. Mirror Worlds also does not waive its right to object to the production of any document or tangible thing disclosed on the basis of any privilege, the work product doctrine, or any other valid objection. Rather, Mirror Worlds' disclosures represent a good faith effort to identify information that it reasonably believes it may use to support its claims or defenses. A. Party Names The parties' names, as listed in the case-caption above, are the correct names of the -1- Dockets.Justia.com parties. B. Potential Parties Mirror Worlds is currently unaware of any potential parties to this matter. C. Legal Theories and General Factual Bases Infringement: Mirror Worlds alleges that Apple infringes certain claims of U.S. Patent Nos. 6,006,227; 6,638,313; 6,725,427; and 6,768,999, consistent with legal theories and general factual bases as set forth in Mirror Worlds' Complaint (Dkt. 1), and in Mirror Worlds' Patent Rule 3-1 Disclosures, served on August 15, 2008. Willfulness: Mirror Worlds alleges that Apple has and continues to infringe the patentsin-suit willfully, on the basis that, upon information and belief, Apple has been aware of the patents-in-suit prior to and/or during the period of Apple's infringement. D. Persons Having Knowledge Based on its reasonable investigation and the pleadings filed to date, Mirror Worlds hereby discloses the individuals it presently believes may have information that Mirror Worlds may use to support its claims or defenses. Mirror Worlds reserves the right to supplement this list as further information comes to light through ongoing investigation and the progression of this case beyond its current early status. 1. The following individuals, who are presently, or were formerly associated with, Mirror Worlds or its predecessors-in-interest. -2- Individual David H. Gelernter Contact Jenner & Block Eric Freeman Jenner & Block Randy Prager Jenner & Block Peter Sparago Jenner & Block Connection with case Inventor of U.S. Patent Nos. 6,006,227; 6,638,313; and 6,725,427. Former Chief Scientist of Mirror Worlds Technologies, Inc. Inventor of U.S. Patent Nos. 6,006,227; 6,638,313; and 6,725,427. Former Chief Technology Officer of Mirror Worlds Technologies, Inc. Inventor of U.S. Patent No. 6,768,999. Former Chief Technology Officer of Mirror Worlds Technologies, Inc. Inventor of U.S. Patent No. 6,768,999. Former Principal Architect of Mirror Worlds Technologies, Inc. Former Senior Vice President, Products & Operations of Mirror Worlds Technologies, Inc. Former Board Member and advisor of Mirror Worlds Technologies, Inc. Former Chairman of the Board of Mirror Worlds Technologies, Inc. -3- Louis Nemeth Jenner & Block Subject Conception of the patented inventions in which he is a named inventor; reduction to practice of the inventions of the patents-insuit; prosecution of the patents-insuit; the need for the patented inventions; and Mirror Worlds Technologies, Inc.'s business. Conception and reduction to practice of the patented inventions in which he is a named inventor; prosecution of the patents-in-suit in which he is a named inventor; the need for the patented inventions; and Mirror Worlds Technologies, Inc.'s business. Conception and reduction to practice of the patented inventions in which he is a named inventor; the need for the patented inventions; and Mirror Worlds Technologies, Inc.'s business. Conception and reduction to practice of the patented inventions in which he is a named inventor; prosecution of the patents-in-suit; the need for the patented inventions; and Mirror Worlds Technologies, Inc.'s business. The need for the patented inventions; and Mirror Worlds Technologies, Inc.'s business. Reduction to practice of the inventions of the patents-in-suit; the need for the patented inventions; and Mirror Worlds Technologies, Inc.'s business. Mirror Worlds Technologies, Inc.'s business. Thomas Carulli Jenner & Block Frank Weil Jenner & Block Individual Michael S. Satow Contact Jenner & Block Jenner & Block Robert Raisch Edward Stone Jenner & Block Connection with case Former Chief Executive Officer of Mirror Worlds Technologies, Inc. Worked on behalf of Recognition Interface, a predecessor-ininterest of Mirror Worlds, LLC. Works on behalf of Mirror Worlds, LLC. Subject Mirror Worlds Technologies, Inc.'s business. Corporate and patent administrative matters for Recognition Interface. Operations of Mirror Worlds, LLC. 2. The following individuals currently or formerly employed by Apple. In addition, there may be additional individuals currently or formerly employed by Apple that may have information that Mirror Worlds may use to support its claims or defenses. Individual Guy Kawasaki Address California Connection with case Former Apple employee who had communications with Mirror Worlds Technologies, Inc. regarding a possible business relationship. Former Manager, Interface Group at Apple who had communications with Mirror Worlds Technologies, Inc. regarding a possible business relationship. Present or former employees of Apple. Subject Communications between Mirror Worlds Technologies, Inc. and Apple; current and former Apple products and services. Don Lindsay Unknown Communications between Mirror Worlds Technologies, Inc. and Apple; current and former Apple products and services. Other present or former employees of Apple. Unknown Communications between Mirror Worlds Technologies, Inc. and Apple; current and former Apple products and services. 3. The following third parties may also likely have information that Mirror Worlds -4- may use to support its claims or defenses. In addition, there may be additional individuals currently or formerly employed by (a) former clients and/or business partners of Mirror Worlds Technologies, Inc. or (b) companies that Mirror Worlds Technologies, Inc. had communications with regarding Mirror Worlds Technologies, Inc.'s technology and/or a possible business relationship, that may have information that Mirror Worlds may use to support its claims or defenses. Individual Present or former employees of Google. Address Mountain View, California Connection with case Google had communications with Mirror Worlds Technologies, Inc. regarding a possible business relationship involving Mirror Worlds Technologies, Inc.'s technology. Microsoft had communications with Mirror Worlds Technologies, Inc. regarding a possible business relationship involving Mirror Worlds Technologies, Inc.'s technology. Former business partner of Mirror Worlds Technologies, Inc. Former business partner of Mirror Worlds Technologies, Inc. Potential business partner of Mirror Worlds Technologies, Inc. -5Subject Communications between Mirror Worlds Technologies, Inc. and Google; current and former Google products and services. Present or former employees of Microsoft, including, but not limited to, Kai-Fu Lee. Redmond, Washington Communications between Mirror Worlds Technologies, Inc. and Microsoft; current and former Microsoft products and services. Present or former employees of Lexmark. Present or former employees of Xerox. Intellectual Ventures Lexington, Kentucky Stamford, Connecticut Washington Communications between Mirror Worlds Technologies, Inc. and Lexmark; current and former Lexmark products and services. Communications between Mirror Worlds Technologies, Inc. and Xerox; current and former Xerox products and services. Licensing and/or commercialization of the patentsin-suit. Mirror Worlds incorporates by reference witnesses identified in Apple's Initial Disclosure to the extent they have information that supports Mirror Worlds' claims or defenses. Mirror Worlds reserves the right to supplement this disclosure as discovery proceeds in order to identify additional individuals who may possess discoverable information. E. Computation of Damages Pursuant to Paragraph 3(c) of the Discovery Order Mirror Worlds contends that it is entitled to a reasonable royalty, plus interests and costs, for past infringements pursuant to 35 U.S.C. § 284, and an injunction against future infringements pursuant to 35 U.S.C. § 283. In addition, Mirror Worlds may seek other categories of damages, including, but not limited to, diverted sales, price erosion, increased costs, and convoyed sales. Mirror Worlds also contends that it is entitled to its reasonable attorneys' fees pursuant to 35 U.S.C. § 285 and a trebling of any damages for Apple's willful infringement pursuant to 35 U.S.C. § 285. Mirror Worlds does not possess sufficient information to compute a more definite damages calculation at this time as that calculation will depend on information in Apple's possession. F. Insurance and Indemnity Agreements Mirror Worlds is currently unaware of any insurance or indemnity agreements applicable to this disclosure. -6- G. Settlement Agreements Mirror Worlds is currently unaware of any settlement agreements relevant to the subject matter of this action. H. Reservation Of Rights The foregoing disclosures are based on information currently available to Mirror Worlds. Mirror Worlds specifically reserves the right to supplement and amend these Initial Disclosures to the extent that additional information supporting its claims or defenses becomes available. Dated: November 5, 2008 Respectfully submitted, By: /s/ Kenneth L. Stein Otis W. Carroll Texas Bar No. 03895700 IRELAND, CARROLL & KELLEY, P.C. 6101 South Broadway P.O. Box 7879 Tel: (903) 561-1600 Fax: (903) 581-1071 e-mail: otiscarroll@icklaw.com Of Counsel: Joseph Diamante (Pro Hac Vice) Kenneth L. Stein (Pro Hac Vice) Richard H. An (Pro Hac Vice) JENNER & BLOCK LLP 919 Third Avenue 37th Floor New York, N.Y. 10022-3908 Tel: (212) 891-1600 Fax: (212) 891-1699 e-mail: kstein@jenner.com e-mail: ran@jenner.com ATTORNEYS FOR PLAINTIFF MIRROR WORLDS, LLC -7- CERTIFICATE OF SERVICE I hereby certify that Nicholas Brown and Stefani Smith, counsel for Apple, are being served this 5th day of November 2008, with a copy of this document via email PDF. /s/ Richard H. An Richard H. An -8-

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