WI-LAN Inc. v. Alcatel-Lucent USA Inc. et al

Filing 264

Rebuttal Trial Witness List by Ericsson Inc., Sony Mobile Communications (USA) Inc., Sony Mobile Communications AB, Telefonaktiebolaget LM Ericsson. (Wynne, Richard)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
WI–LAN INC.,
Plaintiff,
v.

Civil Action No. 6:10–CV–521–LED

ALCATEL–LUCENT USA INC., et al.,
Defendants.

THE ERICSSON AND SONY MOBILE DEFENDANTS’ JOINT REBUTTAL TRIAL WITNESS LIST
Defendants

Ericsson

Inc.,

Telefonaktiebolaget

LM

Ericsson,

Sony

Mobile

Communications AB and Sony Mobile Communications (USA) Inc., in accordance with the
Court’s Docket Control Order entered in this case, file this Rebuttal Trial Witness List for
identification and categorization of rebuttal trial witnesses.
Defendants reserve the right to provide supplemental witnesses and to identify additional
documents and/or witnesses upon receiving further guidance from the Court regarding the trial
schedule, or upon receipt of further disclosures from Plaintiff as a result of any order from the
Court regarding trial planning.
At this time and in addition to the witnesses identified in Defendants’ Trial Witness List,
Defendants identify the following rebuttal witnesses for trial:
WITNESS

Employer

(A)
WILL CALL

Natalya
Wi–LAN Inc.
Bezryadina
Shawn McEwan Wi–LAN Inc.
Mikael
Ericsson
Gudmundson

(B)
MAY CALL
√
√
√

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(C)
MAY, PROB.
NOT CALL

In addition to the witnesses listed herein, Defendants reserve the right to call witnesses
designated by any other party on their respective witness lists and rebuttal witness lists.
Defendants reserve the right to amend their lists of trial witnesses as appropriate. Specifically,
Defendants reserve the right to amend their list of trial witnesses to include: (1) any persons
identified on Plaintiff’s or any of the other Defendants’ Pretrial Disclosures; (2) any persons
identified in or related to any documents produced by Plaintiffs after the close of fact discovery;
(3) any persons identified in or related to documents produced by Plaintiff after the filing of this
identification of rebuttal witnesses; and (4) any person identified during any deposition or related
to any deposition testimony provided after the filing of this identification of witnesses. In
addition, Defendants reserve the right to elicit testimony from any witness or representative of
Plaintiff or other Defendants who appears at trial at any time, regardless of whether Defendants
indicated that they would present a witness or representative live or by deposition. Additionally,
Defendants reserve the right, should the need arise, to call additional rebuttal witnesses that are
not identified above.
Defendants reserve the right to present any of the witnesses live and/or by deposition.
Defendants reserve the right to present deposition testimony of individuals designated by any
other party. Defendants further reserve the right to amend their designations of testimony as
appropriate including at least for the reasons specifically enumerated above. Finally, Defendants
reserve the right to designate and/or counter-designate deposition testimony from any witness or
representative of Plaintiff or other Defendants who are presented by deposition at trial.

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Dated: November 30, 2012

Respectfully submitted,
/s/ Richard L. Wynne, Jr.
Bruce S. Sostek (Lead Attorney)
State Bar No. 18855700
[e-mail]
Richard L. Wynne, Jr.
State Bar No. 24003214
[e-mail]
THOMPSON & KNIGHT LLP
1722 Routh Street, Suite 1500
Dallas, Texas 75201
214.969.1700
214.969.1751 (facsimile)
ATTORNEYS FOR DEFENDANTS
ERICSSON INC.
TELEFONAKTIEBOLAGET LM ERICSSON
SONY MOBILE COMMUNICATIONS AB and
SONY MOBILE COMMUNICATIONS (USA) INC.

CERTIFICATE OF SERVICE
On November 30, 2012, a true and correct copy of the foregoing document was served in
compliance with Local Rule 5.1 and have been served on all counsel who have consented to
electronic service and all other counsel by regular mail
/s/ Richard L. Wynne, Jr.
Richard L. Wynne, Jr.

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