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 19

MCKOOL SMITH
A PROFESSIONAL CORPORATION • ATTORNEYS

Austin Curry
Direct Dial: [phone]
[e-mail]

300 Crescent Court, Suite 1500
Dallas, Texas 75201

Telephone: [phone]
Telecopier: [phone]

April 30, 2010

VIA E-MAIL
Anthony P. Miller
Scott Pershern
Storm LLP
901 Main Street
Suite 7100
Dallas, TX 75202
[e-mail]
[e-mail]
Counsel for Softlayer

Alan L. Whitehurst
Marissa Ducca
Alston & Bird LLP
The Atlantic Building
950 F Street, N.W.
Washington, D.C. 20004
[e-mail]
[e-mail]
Counsel for AOL, MySpace,
and PayPal

Michael E. Jones
Potter Minton PC
110 North College
Suite 500
Tyler, Texas 75702
[e-mail]
Counsel for PayPal, Google &
Match.com

Todd Briggs
Quinn Emanuel Urquhart
Oliver & Hedges
555 Twin Dolphin Dr., 5th
Floor
Redwood Shores, CA 94065
[e-mail]
Counsel for Google and
Match.com

Yar R. Chaikovsky
McDermott Will & Emery
275 Middlefield Road,
Suite 100
Menlo Park, CA 94025
[e-mail]
Counsel for Yahoo!

E. Danielle T. Williams
Russell Korn
Kilpatrick Stockton LLP
1001 West 4th Street
Winston-Salem, NC 27104
[e-mail]
[e-mail]
Counsel for Softlayer and
Amazon.com

RE:

Bedrock Computer Technologies LLC v. Softlayer Technologies, Inc et al., No.
6:09-CV-00269 (E.D. Tex.)

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.

April 30, 2010
Page 2
(1)

Documents showing all units of your business.

(2)

Documents showing which units of your business are internet-based/webbased/based online.

(3)

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)

Annual US and worldwide profit and loss statements for all units from June 16,
2003 through the latest available date.

(5)

Documents showing cash flow in the US and worldwide from June 16, 2003
through the latest available date.

(6)

Your documents showing any calculation of your discounted cash flow done in or
around 2003, and documents in support of these calculations.

(7)

Documents of others showing any calculation of your discounted cash flow done
in or around 2003, and documents in support of these calculations.

(8)

Internal and external marketing materials for all products and services offered by
your online business units.

(9)

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)

All documents showing estimates of costs and time necessary to design around
the ’120 patent.

(11)

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)

All documents showing efforts to design around the ’120 patent.

(13)

All patent license agreements the defendant is party to involving technology that
is similar to or related to the technology in suit.

(14)

All insurance policies that would or might cover a denial of service attack or other
loss of service issues.

(15)

All documents showing any claim made on any insurance policy for a denial of
service attack or other loss of service issues.

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April 30, 2010
Page 3
(16)

All documents showing the robustness or reliability of your entire online business.

(17)

All documents showing the robustness or reliability of your online business units
individually.

(18)

All documents showing any potential consequence or costs of a denial of service
attack or other loss of service.

(19)

All documents showing any potential consequence or costs of a denial of service
attack, or other loss of service, on your online business infrastructure.

(20)

All documents showing any effect of an actual denial of service attack.

(21)

All documents showing any effect of an actual denial of service attack on your
online business infrastructure.

(22)

All documents showing any effort to prevent a denial of service attack on your
online business infrastructure.

(23)

All documents showing costs associated with the prevention of a denial of service
attack on your online business infrastructure.

(24)

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)

All documents evidencing any attempted denial of service attack on your online
business infrastructure.

(26)

Industry studies detailing the likelihood of denial of service attacks.

(27)

Industry studies detailing the frequency of denial of service attacks.

(28)

Industry studies detailing the costs of denial of service attacks.

(29)

All documents showing any consequence of any attempted denial of service
attack on your online business infrastructure.

(30)

All documents describing denial of service attacks.

(31)

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)

All documents describing denial of service attack in degrees of severity.

(33)

All documents classifying, by any measure, denial of service attacks.

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April 30, 2010
Page 4
(34)

All documents showing the importance, by any measure, of maintaining a reliable
or robust online business infrastructure.

(35)

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)

All documents showing the importance, by any measure, of market share to your
online business.

(37)

All documents showing the importance, by any measure, of reliability or
robustness of your online business infrastructure to your market share.

(38)

All documents describing or listing any threat to your online business
infrastructure.

(39)

All documents describing or listing any threat to any online business
infrastructure.

(40)

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)

All documents evidencing your monitoring of, observation of, review of, or
participation in any website, forum, posting, or web log that relates to Linux.

(45)

All technical or white papers related to Linux.

(46)

All internal correspondence related to Linux.

(47)

All correspondence with others related to Linux.

(48)

All technical or white papers related to any type of denial of service attack.

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April 30, 2010
Page 5
(49)

All documents detailing, outlining, defining or otherwise describing your server
infrastructure.

(50)

All documents showing when you first installed any of the Accused Versions of
Linux.

(51)

All documents evidencing any decision-making process or decision to use Linux.

(52)

All documents evidencing any decision-making process or decision to update to
any particular version of Linux.

(53)

All documents evidencing any testing of any Accused Version of Linux, including
all results or outcome or conclusions of such testing.

(54)

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

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