EMG Technology, LLC v. Apple, Inc.

Filing 216

REPLY to Response to Motion re 199 MOTION to Vacate 100 Order, 99 Order The Deadlines In The Docket Control And Discovery Orders And For A Case Management Conference MOTION to Vacate 100 Order, 99 Order The Deadlines In The Docket Control And Discovery Orders And For A Case Management Conference filed by Apple, Inc.. (Attachments: # 1 Affidavit Declaration of John R. Lane ISO Apple Inc.'s Reply, # 2 Exhibit A to Lane Declaration, # 3 Exhibit B to Lane Declaration, # 4 Exhibit C to Lane Declaration, # 5 Exhibit D to Lane Declaration, # 6 Exhibit E to Lane Declaration, # 7 Exhibit F to Lane Declaration, # 8 Exhibit G to Lane Declaration, # 9 Exhibit H to Lane Declaration, # 10 Exhibit I to Lane Declaration, # 11 Exhibit J to Lane Declaration, # 12 Exhibit K to Lane Declaration, # 13 Exhibit L to Lane Declaration, # 14 Exhibit M to Lane Declaration, # 15 Exhibit N to Lane Declaration, # 16 Exhibit O to Lane Declaration, # 17 Exhibit P to Lane Declaration)(Healey, David)

EMG Technology, LLC v. Apple, Inc.

Doc. 216 Att. 13

Exhibit L

Dockets.Justia.com

Protective Order

Page 1 of 2

From: Sent: To: Cc:

Gibson, Stan [[e-mail]] Friday, September 04, 2009 12:05 PM John Lane Garland Stephens; David Healey

Subject: RE: Protective Order John, Let me know when you can discuss. I thought we were discussing AEO information not confidential information. I assume you read the case that we submitted on litigation counsel so we are probably at an impasse on that issue. I recall that you were going to propose an alternative on source code in terms of protecting Apple's interests in securing the information and making sure that it knows where all copies of the source code are and are appropriately restricted while also addressing our concern that Apple should not know in advance what source code our experts or attorneys intend to use. Also, do you have a specific location at Apple for the meeting or a contact person? Thanks.

_______________________________________ Stanley M. Gibson of JMBM | Jeffer, Mangels, Butler & Marmaro LLP 1900 Avenue of the Stars, 7th Floor Los Angeles, California 90067 [phone] [phone] (fax) [e-mail] JMBM.com This e-mail message and any attachments are confidential and may be attorney-client privileged. Dissemination, distribution or copying of this message or attachments without proper authorization is strictly prohibited. If you are not the intended recipient, please notify JMBM immediately by telephone or by e-mail, and permanently delete the original, and destroy all copies, of this message and all attachments. For further information, please visit JMBM.com. Circular 230 Disclosure: To assure compliance with Treasury Department rules governing tax practice, we hereby inform you that any advice contained herein (including in any attachment) (1) was not written or intended to be used, and cannot be used, by you or any taxpayer for the purpose of avoiding any penalties that may be imposed on you or any taxpayer and (2) may not be used or referred to by you or any other person in connection with promoting, marketing or recommending to another person any transaction or matter addressed herein.

From: John Lane [mailto:[e-mail]] Sent: Thursday, September 03, 2009 5:05 PM To: Gibson, Stan Cc: Garland Stephens; David Healey Subject: RE: Protective Order

Stan ­ Apple doesn't want Mr. Gottfurcht to have access to its confidential information since he will inevitably be involved in prosecuting claims in continuation apps. Apple also doesn't want EMG's litigation counsel to participate in drafting claims in reexams. If I understand EMG's positions, I think we'll end up litigating these issues, but please let me know if there is any middle ground. As to the source code provisions, I don't exactly remember where we left off, but I'm hoping we can work something out. I can do a call tomorrow to discuss. John

Protective Order

Page 2 of 2

From: Gibson, Stan [mailto:[e-mail]] Sent: Thursday, September 03, 2009 6:54 PM To: John Lane Subject: Protective Order

John, Do you know when we can expect to hear back on finalizing the protective order? Thanks. _______________________________________ Stanley M. Gibson of JMBM | Jeffer, Mangels, Butler & Marmaro LLP 1900 Avenue of the Stars, 7th Floor Los Angeles, California 90067 [phone] [phone] (fax) [e-mail] JMBM.com This e-mail message and any attachments are confidential and may be attorney-client privileged. Dissemination, distribution or copying of this message or attachments without proper authorization is strictly prohibited. If you are not the intended recipient, please notify JMBM immediately by telephone or by e-mail, and permanently delete the original, and destroy all copies, of this message and all attachments. For further information, please visit JMBM.com. Circular 230 Disclosure: To assure compliance with Treasury Department rules governing tax practice, we hereby inform you that any advice contained herein (including in any attachment) (1) was not written or intended to be used, and cannot be used, by you or any taxpayer for the purpose of avoiding any penalties that may be imposed on you or any taxpayer and (2) may not be used or referred to by you or any other person in connection with promoting, marketing or recommending to another person any transaction or matter addressed herein.

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