Albritton v. Cisco Systems, Inc. et al

Filing 309

Plaintiff Exhibit List. (bss, )

Albritton v. Cisco Systems, Inc. et al

1 PLAINTIFF'S AMENDED TRIAL EXHIBIT LIST Pltf. Description of Exhibit No.

1.

November 1, 2007 letter to Eric Albritton from Garret Chambers memoralizing agreement between Cisco Systems, Iinc. And Cisco-Linksys, LLC and ESN Civil Cover Sheet; Cause No. 5:07cv156; ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC with 10/15/2007 banner Complaint for Patent Infringement; ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC; EDTX No. 5:07cv156 with 10/15/07 banner Ex. C, (DE #3) in the ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC; EDTX No. 5:07cv156 matter Ex. D, (DE #3) in the ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC; EDTX No. 5:07cv156 matter First Amended Complaint (DE #3) filed in the ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC; EDTX No. 5:07cv156 matter DE #6 ­ Plaintiff's Motion to Enjoin Defendants Cisco and Linksys From Prosecuting Later-Filed Parallel Litigation in Connecticut filed in the ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC; EDTX No. 5:07cv156 matter

10. 11. 15. 16. 17. 20.
Dockets.Justia.com

Doc. 309

Pltf. Description of Exhibit No. 26. 27. 28. 31. 32. 36. 37. 38. 41. 47. 48. 51. 63. 64. DE #12 ­ Stipulation of Dismissal Without Prejudice filed in the ESN v. Cisco Systems, Inc. and CiscoLinksys, LLC; EDTX No. 5:07cv156 matter Order of Dismissal Without Prejudice filed in the ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC; EDTX No. 5:07cv156 matter on November 19, 2007 10/15/2007 Civil Cover Sheet re: ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC Complaint for Patent Infringement re: ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC; EDTX No. 5:07cv156 Notice of Electronic Filing of ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC; EDTX No. 5:07cv156, Complaint entered on 10/16/07 and filed on 10/15/07 Draft of First Amended Complaint for Patent Infringement re: the ESN v. Cisco Systems, Inc. and CiscoLinksys, LLC; EDTX No. 5:07cv156 matter First Amended Complaint for Patent Infringement re: the ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC; EDTX No. 5:07cv156 matter Notice of Electronic Filing of Amended Complaint (DE #3) entered in the ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC; EDTX No. 5:07cv156 matter Complaint for Patent Infringement filed in the ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC; EDTX No. 5:07cv156 matter with 10/16/2007 banner Plaintiff's Motion to Enjoin Defendants Cisco and Linksys From Prosecuting Later-Filed Parallel Litigation in Connecticut re: ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC; EDTX No. 5:07cv156 Stipulation of Dismissal Without Prejudice re: ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC; EDTX No. 5:07cv156 Summons (Cisco Systems, Inc.) re: ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC; EDTX No. 5:07cv156 (issued 10/17/07) Notice of Filing Complaint re: ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC; EDTX No. 5:07cv156 System Transactions 1/1/1980-3/13/2008 re: ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC; EDTX No. 5:07cv156

Pltf. Description of Exhibit No. 67. 68. 76. 77. 78. 79. 80. 81. 82. 83. 90. 93. 147. 149. October 12, 2007 e-mail from Eric Albritton to Mathis re:calendar filing at 12:01 am October 15, 2007 e-mail from Pete McAndrews to Albritton, et al re:draft of complaint October 15, 2007 e-mail from Mathis to McAndrews re: pro hac application and sending copy of complaint after it is filed at 12:01 Notice of Filing Complaint re: ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC; EDTX No. 5:07cv156 October 16, 2007 e-mail from Mathis to McAndrews re: Notice of Filing Complaint re: ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC; EDTX No. 5:07cv156 October 15, 2007 e-mail from McAndrews to Mathis re: Notice of Filing Complaint re: ESN v. Cisco Systems, Inc. and Cisco-Linksys, LLC; EDTX No. 5:07cv156 October 16, 2007 e-mail from McAndrews to Mathis, et al re: `519 Patent October 16, 2007 ­ Patent No. 7,283,519 B2 October 16, 2007 e-mail from Albritton to Ward re: whether to file amended complaint attaching patent October 17, 2007 e-mail from Ward to Albritton re: whether to file amended complaint attaching patent October 18, 2007 e-mail from Saunders to Albritton re: ESN Convinces EDTX Court Clerk to Alter Documents to Try to Manufacture Subject Matter Jurisdiction Where None Existed October 16, 2007 ­ Complaint for Patent Infringement (with Notice of Filing) re: ESN v. Cisco; USDC Texas; No. 5:07-CV-156 March 17, 2008 email from Texas Lawyer to Eric Albritton re: Daily News and Case Alert: March 17, 2008 April 7, 2008 Letter to Mark Chandler from George McAndrews

Pltf. Description of Exhibit No. 150. 151. 153. 157. 164. 179. 180. 181. 182. 197. 207. 208. 209. 213. April 11, 2008 Letter to George McAndrews from Charles Babcock October 15, 2007 email from Amie J. Mathis to [e-mail] re: List of Parties and Civil Coversheet October 16, 2007 email from Amie J. Mathis to Peter McAndrews re: Complaint October 17, 2007 email from Amie J. Mathis to Rhonda Lafitte re: Summons for Cisco March 9, 2008 email from Amie J. Mathis to T. John Ward, Jr. re: Notice of electronic filing October 15, 2007 email from Eric Albritton to Amie J. Mathis re: Complaint final October 15, 2007 email from Rhonda Lafitte to Amie J. Mathis re: List of Parties and Civil Coversheet October 15, 2007 email from Eric Albritton to Amie J. Mathis re: Complaint exhibit b and exhibit c October 15, 2007 email from Albritton to Amie J. Mathis re: Complaint Exhibit A October 18, 2007 Notice of Electronic filing Motion for Miscellaneous Relief ESN LLC v. Cisco Systems, Inc. Docket Report October 16, 2007 e-mail from [e-mail] confirming payment of filing fee 2007 Transaction log of Eric M. Albritton indicting 10/16/07 filing fees Legal Pad 12/8/08 Post ­ Cisco: Troll Tracker Had It Right

Pltf. Description of Exhibit No. 214. 216. 217. 224. 225. 226. 233. Texas Penal Code (Ex. 37 to Pltf's Corrected Response to Defendants' Motion for Summary Judgment) Richard Frenkel's Application to Appear Pro Hac Vice in EchoStar Technologies Corporation v. TiVo Inc., et al; EDTX No. 5:05cv81 Original October 18, 2007 blog "ESN Convinces EDTX Court Clerk to Alter Documents to Try to Manufacture Subject Matter Jurisdiction Where None Existed" Eastern District of Texas Local Rules as of February 12, 2007 Federal Rule of Civil Procedure 4 Docket of the EchoStar Technologies Corporation v. TiVo Inc., et al; EDTX No. 5:05cv81 matter

Pltf. Description of Exhibit No.

242. 245. 246. 247. 249. 250. 251. 254. 255. 257. 258. 259. 260. 261.

October 22, 2007 e-mail from Kurt Pankratz to Jillian Powell re ESN original complaint October 17, 2007 e-mail from Rick Frenkel to Beckwith, Yen, Ritter, Michels, Showalter, Pankrazt and Corcoran

October 18, 2007 e-mail from Kurt Pankratz to Frenkel, Showalter, Beckwith, Michels, Yen and Ritter re original complaint - version 2 October 18, 2007 e-mail from Rick Frenkel to John Noh and Mallun Yen Original October 18, 2007 blog "ESN Convinces EDTX Court Clerk to Alter Documents to Try to Manufacture Subject Matter Jurisdiction Where None Existed" Complaint for Patent Infringement and Civil Cover Sheet in the matter of ESN v. Cisco Systems, Inc.; EDTX Cause No. 5:07cv156 Docket Report for the ESN v. Cisco Systems, Inc.; EDTX Cause No. 5:07cv156 matter EDTexweblog.com Post - "They did WHAT with my filing?" August 26, 2007 e-mail from Patent Troll to John Noh and Mallun Yen December 11, 2007 e-mail from Rick Frenkel to John Noh December 10, 2007 e-mail from Rick Frenkel to John Noh January 25, 2008 e-mail from Rick Frenkel to Mallun Yen

Pltf. Description of Exhibit No. 266. 270. 272. 273. 274. 278. 283. 284. 285. 286. 287. 288. 289. 291. October 22, 2007 e-mail from Kurt Pankratz to Powell and Schortgen re Kevin Meeks with Johnny Ward when he was making call October 18, 2008 e-mail from Rick Frenkel to Noh and Yen re lawsuit filed before patent issued October 15, 2007 e-mail from Rick Frenkel to Pankratz, Showalter, Beckwith, Ritter and Yen re Complaint just put online October 15, 2007 e-mail from Rick Frenkel to Yen, Beckwith, Ritter and Michels re we were just sued by ESN, LLC October 22, 2007 e-mail from Marta Beckwith to Reines, Powers, Maroulis, et al re in case you haven't seen this about your DJ case in ESN October 27, 2007 e-mail from Bart Showalter to Beckwith re Michael in cahoots with Johnny and Eric and was asked to post February 25, 2008 e-mail from Rick Frenkel to Mallun Yen, ip-team March 4, 2008 e-mail from Rick Frenkel to Mallun Yen August 26, 2007 e-mail from Patent Troll to John Noh and Mallun Yen October 18, 2007 e-mail from Mallun Yen to Matthew Tanielian Cisco Systems, Inc. Internet Postings Policy (Created March 2007) (Ex. 27 to Mark Chandler Deposition) October 17, 2007 e-mail from Rick Frenkel to Beckwith, Yen, Ritter, Michels, Showalter, Panktraz and Corcoran re amended ESN complaint October 22, 2007 e-mail from Kurt Pankratz to Powell re ESN original complaint (with 10/15 banner)

Pltf. Description of Exhibit No. 292. 294. 298. 299. 300. 301. 302. 303. 304. 305. 306. 307. 308. 312. October 18, 2007 e-mail from Pankratz to Frenkel, Pankratz, et al re new version of complaint with revised banner showing 10/16 October 19, 2007 e-mail from Rich Renfree to Michels, Kubehl, et al re ESN's amended complaint February 25, 2008 e-mail from Marta Beckwith to Bhavsar re Rick still handling his responsibilities at Cisco November 25, 2007 e-mail from Marta Beckwith to Chambers re EDTx amending local rules February 25, 2008 e-mail from Mallun Yen to Chandler re closest we came to talking about a topic before it was actually posted February 25, 2008 e-mail from Mallun Yen to Chandler re want you to be aware of the full facts October 18, 2007 e-mail from Mark Chandler to Tanielian re Yen calling Dan Webb October 17, 2007 e-mail from John Corcoran to Frenkel re having way too much fun October 17, 2007 e-mail from Rick Frenkel to Corcoran re trolls are driving me batty October 19, 2007 e-mail from Rick Frenkel to Tanielian re fair comparison of patent litigation statistics February 25, 2008 e-mail from Mallun Yen to Frenkel re content of post was all Frenkel February 25, 2008 e-mail from Rick Frenkel to Yen re content of post all mine October 19, 2007 e-mail from Matthew Tanielian to Frenkel and Chandler re fair comparison of patent litigation statistics

Pltf. Description of Exhibit No. 318. 320. 321. 325. 326. a. 3
327a.

October 18, 2007 e-mail from Mallun Yen to Chandler and Noh re clerk changed the docket and all documents to reflect 10/16 October 17, 2007 e-mail from Kurt Pankratz to Frenkel, Beckwith, et al re ESN amended complaint and patent trademark form October 18, 2007 e-mail from Mallun Yen to Chandler, Tanielian, et al re court clerk persuaded to change filing date October 18, 2007 e-mail from Mallun Yen to Noh re new version of complaint with revised banner October 17, 2007 e-mail from Mallun Yen to Noh re amended complaint October 19, 2007- Email to Rick Frenkel from Michael Smith re: Patent wins at trial stats

328. 330. 333. 335. 336.

October 19, 2007- Blog posted Michael Smith re: Eastern District of Texas Federal Court Practice, They did WHAT with my filing? October 19, 2007- Email to Rick Frenkel and Dennis Crouch from Michael Barclay re: Docket alteration in ESN v. Cisco October 18, 2007- Email to Rick Frenkel from Michael Barclay re: Docket alteration in ESN v. Cisco Revised October 18, 2007 Post February 23, 2008- Patent Troll Tracker: Blogger Revealed October 19, 2007 e-mail from Patent Troll to Michael Smith October 19, 2007- Email to Rick Frenkel from Michael Smith re: Patent win at trial stats

337. 338.

Pltf. Description of Exhibit No. 345. 346. 348. 349. 350. 353. 354. 355. 356. 357. 358. 362. 364. 365. February 19, 2008 Patent Troll Tracker Blog Post February 13, 2008 Patent Troll Tracker Blog Post. January 30, 2008 Patent Troll Tracker Blog Post Patent Troll Tracker Blog Post January 22, 2008 Patent Troll Tracker Blog Post Patent Troll Tracker Blog Post Troll Tracker Blog Post Troll Tracker Blog Post Saturday, October 20, 2007 Troll Tracker Blog Post Thursday, October 18, 2007 Troll Tracker Blog Post Wednesday, October 17, 2007 Troll Tracker Blog Post Troll Tracker Blog Post Troll Tracker Blog Post Troll Tracker Blog Post

Pltf. Description of Exhibit No. 368. 369. 370. 371. 395. 404. 406. 431. 432. 433. 434. 435. 436. March 11, 2008--Article on Legal Pad "Cisco: Nothin' to Say. Except, Don't Blame Us. March 11, 2008- Article on Forbes.com " Shut up Already!" trolltracker.blogspot.com invitation page from website Electronic Case Files CM/ECF User Manual Eastern District of Texas Ex 2 (E-mail to Mallun Yen, et al., from Rich Fenner, dated October 15, 2007, Cisco Privileged 000027, 1 page ) to Marta Beckwith's November 19, 2008 deposition Ex 4 (Federal Rules of Civil Procedure Commencement of Action; 1 page) to Mark Chandler's November 18, 2008 deposition Ex 6 (BusinessWeek article "Busting a Rogue Blogger"; 2 pages) to Mark Chandler's November 18, 2008 deposition Ex 85 (E-mails, 10/15/07, Amie J. Mathis and Rhonda Lafitte, attached List of Parties and Civil Cover Sheet) to David Maland's November 3, 2008 deposition Ex 87 (Pages 3 ­ 11) (E-mail, 3/14/2007 From David Maland to Ann McMillan, Brenda Jeffreys, et al. 3 attachments) to David Maland's November 3, 2008 deposition Ex 96 (How to Electronically File a New Case in effect 10/07) to David Maland's November 3, 2008 deposition Ex 98 (Pay.gov receipt 10/16/2007) to David Maland's November 3, 2008 deposition Ex 101 (Local Rule CV-5 (a) (3) Significance of Electronic Filing) to David Maland's November 3, 2008 deposition Ex 102 (System Transactions Log 10/1/2008' Fed.R.Civ.P 5(d) (2) (A) CM/ECF User Manual on TXED website pages 22-23; How to Electronically File a New Case as of 10/07) to David Maland's November 3, 2008 deposition

Pltf. Description of Exhibit No. 440. 444. 450. 473. 474. 477. 534. Ex 12 (Email thread dated 3/4/08 from Rick Frenkel "Subject: FW": Nos. CISCO 000390-91) to Mallun Yen's November 17, 2008 deposition Ex 106 (Fed.R.Civ.P 5(d) (2) (A) to David Maland's November 3, 2008 deposition Ex 110 (CM/ECF User Manual on TXED website Pages 22-23) to David Maland's November 3, 2008 deposition Ex 29 (E-mail, 10/17/2007, from Amie Mathis to Eric M. Albritton) to David Maland's November 3, 2008 deposition (previously marked exhibit) Ex 1 (Law.com article "Troll Tracker tracked to Cisco IP Team; 2 pages) to John Noh's November 17, 2008 deposition Ex 2 (IPBIZ article "WSJ on Troll Tracker Frenkel"; 3 pages) to John Noh's November 17, 2008 deposition