Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Filing 187

RESPONSE in Opposition re #185 MOTION for Leave to File Notice of Supplemental Facts regarding #133 Defendants' Motion to Compel Plaintiff to Comply with PR 3-1 and to Extend the Time to Serve Invalidity Contentions MOTION for Leave to File Notice of Supplemental Facts regarding #133 Defendants' Motion to Compel Plaintiff to Comply with PR 3-1 and to Extend the Time to Serve Invalidity Contentions filed by Bedrock Computer Technologies, LLC. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3)(Cawley, Douglas)

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Exhibit A.1 MCKOOL SMITH A PROFESSIONAL CORPORATION ATTORNEYS Austin Curry Direct Dial: (214) 978-4207 acurry@mckoolsmith.com 300 Crescent Court Suite 1500 Dallas, Texas 75201 Telephone: (214) 978-4000 Facsimile: (214) 978-4044 February 3, 2010 Via E-mail Anthony P. Miller Scott Pershern Storm LLP 901 Main Street Suite 7100 Dallas, TX 75202 amiller@stormllp.com spershern@stormllp.com Counsel for Softlayer Alan L. Whitehurst Marissa Ducca Alston & Bird LLP The Atlantic Building 950 F Street, N.W. Washington, D.C. 20004 alan.whitehurst@alston.com marissa.ducca@alston.com Counsel for AOL, MySpace, and PayPal Yar R. Chaikovsky McDermott Will & Emery 275 Middlefield Road, Suite 100 Menlo Park, CA 94025 Ychaikovsky@mwe.com Counsel for Yahoo! Michael E. Jones Potter Minton PC 110 North College Suite 500 Tyler, Texas 75702 mikejones@potterminton.com Counsel for PayPal, Google & Match.com Todd Briggs Quinn Emanuel Urquhart Oliver & Hedges 555 Twin Dolphin Dr., 5th Floor Redwood Shores, CA 94065 toddbriggs@quinnemanuel.com Counsel for Google and Match.com RE: Counsel: E. Danielle T. Williams Russell Korn Kilpatrick Stockton LLP 1001 West 4th Street Winston-Salem, NC 27104 DTWilliams@KilpatrickStockton.com RKorn@KilpatrickStockton.com Counsel for Softlayer and Amazon.com Bedrock Computer Technologies LLC v. Softlayer Technologies, Inc et al., No. 6:09-CV-00269 (E.D. Tex.) Pursuant to Paragraph 9 of the Agreed Protective Order, Bedrock will disclose Protected Documents in this matter to Richard M. Smith beginning on February 13, 2010. Mr. Smith has agreed to and has executed Attachment A of the Protective Order. Mr. Smith's curriculum vitae and statement responsive to sub-paragraph 9(ii) are attached to this letter. Also, Bedrock hereby requests production of source code from your respective clients. The source code production that Bedrock expects is any and all source code that corresponds to the object code that is or has been executing on your clients servers or servers operating under your client's control or direction since 2003. Please note that, to the extent that your client objects to the production of all such source code, Bedrock would expect a stipulation that nonproduced source code has no impact on any issue in this case as well as a written agreement that the non-produced source code will not serve as the basis for any attack to the sufficiency of Bedrock's evidence. Also, pursuant to sub-paragraph 8(B)(ii) of the Protective Order, Bedrock requests that the parties set up the source code computers at a location in Dallas, Texas. Please Dallas 295225v1 February 3, 2010 Page 2 let me know if this location is not agreeable to your clients, and please let me know when you expect to have your source code computers ready for review. Sincerely, /s/ J. Austin Curry J. Austin Curry Enc. Dallas 295225v1

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