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

Filing 272

SUR-REPLY to Reply to Response to Motion re #246 SEALED PATENT MOTION TO COMPEL FROM GOOGLE AND MATCH.COM A COMPLETE RESPONSE TO BEDROCK'S FIFTH INTERROGATORY filed by Google Inc., Match.Com LLC. (Attachments: #1 Affidavit, #2 Exhibit A.7)(Briggs, Todd)

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Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al Doc. 272 Att. 2 EXHIBIT A.7 Dockets.Justia.com 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 Telecopier: (214) 978-4044 April 30, 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 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: Dear Counsel: As a follow-up to my November 20th letter, Bedrock requests all documents responsive to the categories listed below. The following is not meant to be exhaustive of the Defendants' disclosure obligations. This list of categories is simply meant to facilitate full and complete production. The terms "Defendant" and "Defendants" and "you" and "your" as used herein mean each Defendant individually, all Defendants collectively, and/or any subset of all Defendants, and are to be interpreted in the manner which leads to the broadest scope of responsive documents to the category in which the word appears. 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 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.) April 30, 2010 Page 2 (1) (2) (3) Documents showing all units of your business. Documents showing which units of your business are internet-based/webbased/based online. Documents showing net revenue in the US and worldwide from June 16, 2003 through the latest possible date for each business unit on a monthly basis, or the most frequent basis available (i.e., quarterly, or annually). (4) (5) (6) (7) (8) (9) Annual US and worldwide profit and loss statements for all units from June 16, 2003 through the latest available date. Documents showing cash flow in the US and worldwide from June 16, 2003 through the latest available date. Your documents showing any calculation of your discounted cash flow done in or around 2003, and documents in support of these calculations. Documents of others showing any calculation of your discounted cash flow done in or around 2003, and documents in support of these calculations. Internal and external marketing materials for all products and services offered by your online business units. Documents showing operation costs on a business unit basis from June 16, 2003 through the latest possible date measured on a monthly basis, or the most frequent basis available (i.e., quarterly, or annually). (10) (11) All documents showing estimates of costs and time necessary to design around the '120 patent. All documents showing estimates of costs and time necessary to implement a commercially acceptable alternative to the Accused Versions of Linux (as defined in Bedrock's infringement contentions). (12) (13) (14) (15) All documents showing efforts to design around the '120 patent. All patent license agreements the defendant is party to involving technology that is similar to or related to the technology in suit. All insurance policies that would or might cover a denial of service attack or other loss of service issues. All documents showing any claim made on any insurance policy for a denial of service attack or other loss of service issues. Dallas 300753v1 April 30, 2010 Page 3 (16) (17) (18) (19) (20) (21) (22) (23) (24) All documents showing the robustness or reliability of your entire online business. All documents showing the robustness or reliability of your online business units individually. All documents showing any potential consequence or costs of a denial of service attack or other loss of service. All documents showing any potential consequence or costs of a denial of service attack, or other loss of service, on your online business infrastructure. All documents showing any effect of an actual denial of service attack. All documents showing any effect of an actual denial of service attack on your online business infrastructure. All documents showing any effort to prevent a denial of service attack on your online business infrastructure. All documents showing costs associated with the prevention of a denial of service attack on your online business infrastructure. All documents showing any consideration made in any decision to make or not to make any effort to prevent a denial of service attack on your online business infrastructure. (25) (26) (27) (28) (29) (30) (31) All documents evidencing any attempted denial of service attack on your online business infrastructure. Industry studies detailing the likelihood of denial of service attacks. Industry studies detailing the frequency of denial of service attacks. Industry studies detailing the costs of denial of service attacks. All documents showing any consequence of any attempted denial of service attack on your online business infrastructure. All documents describing denial of service attacks. All documents describing any risk associated with denial of service attacks and any cost associated with preventing or quickly recovering from a denial of service attack. (32) (33) All documents describing denial of service attack in degrees of severity. All documents classifying, by any measure, denial of service attacks. Dallas 300753v1 April 30, 2010 Page 4 (34) (35) All documents showing the importance, by any measure, of maintaining a reliable or robust online business infrastructure. All documents showing any relationship between (i) revenue generated by your online business and (ii) usage, in terms of traffic or any other measure, of your online products or services. (36) (37) (38) (39) (40) All documents showing the importance, by any measure, of market share to your online business. All documents showing the importance, by any measure, of reliability or robustness of your online business infrastructure to your market share. All documents describing or listing any threat to your online business infrastructure. All documents describing or listing any threat to any online business infrastructure. All documents describing any procedure or protocol for reacting to or handling a denial of service attack or other loss of service issues on your online business infrastructure. (41) All documents describing any consideration made in forming any procedure or protocol for reacting to or handling a denial of service attack or other loss of service issues on your online business infrastructure. (42) All documents describing any procedure or protocol for reacting to a denial of service attack or other loss of service issues on your online business infrastructure. (43) All documents in which a third party solicited a product or service that addressed or related to preventing, curtailing, mitigating or recovering from denial of service attacks. (44) (45) (46) (47) (48) All documents evidencing your monitoring of, observation of, review of, or participation in any website, forum, posting, or web log that relates to Linux. All technical or white papers related to Linux. All internal correspondence related to Linux. All correspondence with others related to Linux. All technical or white papers related to any type of denial of service attack. Dallas 300753v1 April 30, 2010 Page 5 (49) (50) (51) (52) (53) (54) All documents detailing, outlining, defining or otherwise describing your server infrastructure. All documents showing when you first installed any of the Accused Versions of Linux. All documents evidencing any decision-making process or decision to use Linux. All documents evidencing any decision-making process or decision to update to any particular version of Linux. All documents evidencing any testing of any Accused Version of Linux, including all results or outcome or conclusions of such testing. All documents listing or describing individuals responsible, whether your employees or third parties, for maintaining and/or operating your server infrastructure. (55) All documents evidencing any expectation as to the frequency and/or severity of a denial of service attack on your server infrastructure. If you have any questions about the meaning of any request, please let me know. Sincerely, /s/ J. Austin Curry J. Austin Curry Dallas 300753v1

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