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

Filing 842

Opposed MOTION for Attorney Fees Yahoo!'s Motion to Declare this an Exceptional Case and for Attorneys' Fees and Costs Pursuant to 35 USC Sec. 285 by Yahoo! Inc.. (Attachments: #1 Affidavit B. James Decl., #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25)(Chaikovsky, Yar) (Additional attachment(s) added on 6/7/2011: #27 Text of Proposed Order) (mll, ).

EXHIBIT 15

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

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BEDROCK COMPUTER
TECHNOLOGIES LLC

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DOCKET NO. 6:09cv269

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-vs-

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YAHOO!, INC.
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Tyler, Texas
1:10 p.m.
April 29, 2011

TRANSCRIPT OF TRIAL
AFTERNOON SESSION
BEFORE THE HONORABLE LEONARD DAVIS,
UNITED STATES DISTRICT JUDGE

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A P P E A R A N C E S
FOR THE PLAINTIFF:

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MR. DOUGLAS A. CAWLEY
MR. THEODORE STEVENSON, III
MR. SCOTT W. HEJNY
MR. JASON D. CASSADY
McKOOL SMITH
300 Crescent Court, Ste. 500
Dallas, TX 75201
MR. ROBERT M. PARKER
MR. ROBERT CHRISTOPHER BUNT
PARKER, BUNT & AINSWORTH
100 E. Ferguson, Ste. 1114
Tyler, TX 75702
COURT REPORTERS:

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MS. JUDY WERLINGER
MS. SHEA SLOAN
Proceedings taken by Machine Stenotype; transcript was
produced by a Computer.

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QUESTION:

Now, Mr. Kuznetsov, isn't it

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true, sir, that the Defendant's position can be

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difficult to defend, and you believe that they should

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seek an expert in loopholes of patent rules?

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ANSWER:

Yes.

I wrote that as well --

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no, actually, the situation was the following:

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Alton Absher contacted me at the first contact, I didn't

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remember exactly about -- about my communication with

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Nathan Day from Softlayer, Inc.

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When

I didn't remember

details.

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So I -- I took the version of kernel

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dated by 1997, right before the patent -- the patent was

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filed, the last kernel version before the patent was

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filed.

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code actually doesn't collide with the patent -- does

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not -- does not collide with the patent.

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wrote there.

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I looked to the source and found out that this

That's what I

But, for a minute, I actually forgot

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about that older code.

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I read the mail from the communication with Nathan Day

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dated a year ago.

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told him that I have code dated by 1995, which directly

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invalidates the patent.

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I remembered about it only after

When I read it, I saw that actually I

QUESTION:

Is it true, sir, that you

wrote to Mr. Absher stating the position can be

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