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 18

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
BEDROCK COMPUTER
TECHNOLOGIES LLC,

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Plaintiff,
v.
SOFTLAYER TECHNOLOGIES, INC.,
CITIWARE TECHNOLOGY SOLUTIONS,
LLC, GOOGLE INC., YAHOO! INC.,
MYSPACE INC., AMAZON.COM INC.,
PAYPAL INC., MATCH.COM, LLC, and
AOL LLC,
Defendants.

Case No. 6:09-CV-00269

_______________________________________
YAHOO! INC.’S FIRST SET OF INTERROGATORIES TO PLAINTIFF BEDROCK
COMPUTER TECHNOLOGIES LLC

Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Defendant Yahoo! Inc.
(“Yahoo!”) hereby requests that Bedrock Computer Technologies LLC (“Bedrock”) answer the
following interrogatories within thirty days of service.
DEFINITIONS AND INSTRUCTIONS
1.

“Bedrock,” “Plaintiff,” “You,” and/or “Your,” shall mean Plaintiff Bedrock

Computer Technologies LLC, as well as to all predecessors, successors, subsidiaries, divisions,
parents and/or affiliates thereof, past or present, and all past or present officers, directors,
affiliates, agents, employees, consultants, representatives and any other person acting on its
behalf, including but not limited to Richard M. Nemes.
2.

“Defendants” shall mean Yahoo! Inc., Softlayer Technologies, Inc., Citiware

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Technology Solutions, LLC, Google Inc., MySpace Inc., Amazon.com Inc., Paypal Inc.,
Match.com, LLC, or AOL LLC
3.

The term “each” shall mean each and every.

4.

The term “any” shall include the word all, and vice versa.

5.

The term “and,” “or,” and “and/or” shall be construed in the conjunctive or the

disjunctive, whichever makes the interrogatory more inclusive.
6.

The use of the singular shall be deemed to include the plural, and the use of one

gender shall include the other as are appropriate in the context.
7.

“Describe in detail” means that you are requested to state and describe, with

specificity, each and every fact, ultimate fact, circumstance, incident, act, omission, event, date,
and/or legal contention pertaining to the matter(s) inquired of in said interrogatory.
8.

“’120 Patent” shall mean U.S. Patent No. 5,893,120.

9.

“Infringe” or any variant thereof shall mean any infringement whether direct,

contributory, or by inducement.
10.

The term “asserted claim(s)” shall mean the claims of the ’120 Patent which

Bedrock asserts are infringed by Yahoo! as set forth in Bedrock’s P.R. 3-1 Disclosures and
Preliminary Infringement Contentions.
11.

The term “relating to” shall mean pertaining to, concerning, referring to,

describing, discussing, reflecting, evidencing, constitution, supporting, contradicting or resulting
from matter specified.
12.

A request for “identification,” to “identify” or to “state the identity of” requires

the following information:
a.

When used with respect to an entity, provide the full name; present or last

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known address; date, state and country of incorporation or organization; the name under which it
was organized; the name of the chief executive officer or person holding a comparable position;
and the identity of all natural persons within the entity having knowledge of the subject matter
with respect to which the entity is being identified in an interrogatory answer.
b.

When used with respect to a natural person, provide the full name, present

or last known address, present or last known telephone number; and where applicable, present or
last known employer or address, and present or last known job, position, or title of that
individual.
c.

When used with respect to a document, provide the date of preparation

and, if different, the date of the document itself; each author; each addressee and copy recipient;
the number of pages, the type of document (for example, a letter, memorandum or notes); and
the name of the person who has possession, custody or control of the document, if different from
yourself.
d.

When used with respect to facts, provide the evidentiary basis for the fact,

including, if a document, the specific information required by 12.c above, and if a person, the
specific information required by 12.b above.
e.

When used with respect to a communication, provide the date of the

communication, identify the person who initiated the communication; identify each person who
received such communication; identify the form of the communication (e.g., oral or written); the
identity of any documents which embody the communication, and a general description of the
content of the communication.
13.

In the event any information is withheld on a claim of attorney-client privilege,

attorney work-product immunity, or any other privilege from disclosure, please provide

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sufficient detail regarding the nature of the information, its source, the general subject matter,
and the names and addresses of all persons to whom that information was disclosed, and a
statement of the grounds for refusal to answer such interrogatory, such as would enable other
parties to assess the applicability of the privilege or protection.
14.

If you cannot respond on an interrogatory fully, after a diligent attempt to obtain

the requested information. answer the interrogatory to the extent possible, specifying which
portion you are unable to answer, and provide whatever information you have regarding the
unanswered portion.
15.

If you object to any part of an interrogatory and refuse to answer that part, state

your objection and answer the remaining portion of that interrogatory. If you object to the scope
or time period of an interrogatory and refuse to answer for that scope or time period, state your
objections and answer the interrogatory for the scope or time period you believe is appropriate
(including in your answer to a specific statement as to why you believe the scope or time period
is inappropriate).
16.

The following interrogatories are continuing in character and Bedrock’s responses

are to be supplemented in accordance with Rule 26(e) of the Federal Rules of Civil Procedure.
INTERROGATORIES
INTERROGATORY NO. 1:
For each Defendant, describe in detail the type of damages sought as a result of alleged
infringement of the asserted claims of the ’120 patent (e.g., lost profits, reasonable royalty or
both) and the complete legal and factual bases (e.g., including any calculations under the entire
market value rule, any theory relating to convoyed sales, and the date(s) upon which Bedrock
contends that hypothetical negotiation(s) would have taken place with each Defendant) for the

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calculation of any such damages.
INTERROGATORY NO. 2:
For each Defendant, describe in detail all facts concerning any alleged damage or injury
that Bedrock contends it will suffer if each Defendant is allowed to continue making, developing,
using, marketing, importing, selling, or offering for sale any allegedly infringing product and/or
service.
Dated: March 2, 2010

Yar R. Chaikovsky
Yar R. Chaikovsky
Cal. Bar No. 175421
MCDERMOTT WILL & EMERY LLP
275 Middlefield Road, Suite 100
Menlo Park, California 94025
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
ATTORNEY FOR DEFENDANT
Yahoo! Inc.

MPK 161019-4.049256.0026

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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of
YAHOO! INC.’S FIRST SET OF INTERROGATORIES TO PLAINTIFF BEDROCK
COMPUTER TECHNOLOGIES LLC
has been served upon all counsel of record identified below on March 2, 2010 via electronic mail
as agreed to by the parties.
Samuel Franklin Baxter
McKool Smith - Marshall
P O Box O
104 East Houston Street, Suite 300
Marshall , TX 75670
Phone: [phone]
Fax: [phone]
[e-mail]
Robert Christopher Bunt
Robert M. Parker
Parker, Bunt & Ainsworth, P.C.
100 East Ferguson, Suite 1114
Tyler , TX 75702
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

John Austin Curry
Theodore Stevenson , III
Douglas A. Cawley
Jonathan R. Yim
McKool Smith - Dallas
300 Crescent Court, Suite 1500
Dallas , TX 75201
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

Attorneys for Plaintiff
Bedrock Computer Technologies LLC

/s/ Nikole Faasisila
Nikole Faasisila