Anascape, Ltd v. Microsoft Corp. et al

Filing 213

Additional attachments to main document: 212 Joint MOTION Exclude Portions of Walter Bratic's Opinions As Admissible Under FRE 702 Declaration of Ashley Fogerty In Support by Microsoft Corp.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Joncus, Stephen) Modified on 3/31/2008 (djh, ).

Anascape, Ltd v. Microsoft Corp. et al

Doc. 213 Att. 2

EXHIBIT 2

Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION Anascape, Ltd., Plaintiff, v. Microsoft Corp., and Nintendo of America, Inc., Defendants. ANASCAPE, LTD.'S SECOND SUPPLEMENTAL OBJECTIONS AND RESPONSES TO MICROSOFT CORP.'S FIRST SET OF INTERROGATORIES (NOS. 15-19, 23 & 25) Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Plaintiff Anascape, Ltd. ("Anascape") serves these Objections and Responses to Defendant Microsoft Corp.'s ("Microsoft") First Set of Interrogatories (Nos. 1-26) as follows: I. GENERAL OBJECTIONS The following general objections are made to each and every interrogatory in addition to any specific objections that are raised in response to each interrogatory separately: 1. Anascape objects to the Interrogatories to the extent that they seek information Civil Action No. 9:06-cv-158-RC JURY TRIAL REQUESTED

protected, privileged, or otherwise exempt from discovery pursuant to applicable state and federal statutes, the Federal Rules of Civil Procedure, the Local Rules, the Patent Rules, the Federal Rules of Evidence, or any other applicable rule, decision, or law. Specifically and without limitation, Anascape objects to the disclosure of any information protected by the attorney-client privilege, work product doctrine, party communications privilege, investigative privilege, consulting expert privilege, self-critical analysis privilege, or any other applicable
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accusation ensued, and the terms of the resolution or settlement regarding the accusation, and the identity of all documents pertaining thereto. RESPONSE: In addition to the foregoing General Objections, Anascape objects to this interrogatory on the ground that it seeks information protected by the attorney-client privilege, the work product doctrine, or any other applicable privilege or protective doctrine. Anascape also objects to this interrogatory as a premature contention interrogatory. Anascape further object to this

interrogatory as vague and ambiguous with respect to the terms "established policy and/or marketing program." To the extent this interrogatory calls for information that is the proper subject of expert testimony, Anascape objects that the interrogatory is premature. Subject to and without waiving these specific objections and its general objections, Anascape responds as follows: Pursuant to F.R.C.P. 33(d), Anascape has produced document from which the answer to this interrogatory may be derived or ascertained. SUPPLEMENTAL RESPONSE: Subject to and without waiving the specific objections and its general objections, Anascape responds as follows: Pursuant to F.R.C.P. 33(d), Anascape has produced document from which the answer to this interrogatory may be derived or ascertained at ANS0007792-7859, ANS0027671-27899, ANS0027948-28104, and ANS0043274-43279. INTERROGATORY NO. 23: Identify each controller sold or offered for sale in the United States since 1997 that Anascape contends does not infringe any claim of the `700 patent.

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RESPONSE: In addition to the foregoing General Objections, Anascape objects to this Interrogatory as overly broad, unduly burdensome, oppressive, and/or seek information that is not relevant to the issues in this lawsuit or reasonably calculated to lead to the discovery of admissible evidence, and calls for Anascape to speculate regarding the actions of unaffiliated nonparties. SUPPLEMENTAL RESPONSE: Subject to and without waiving the specific objections and its general objections, Anascape responds as follows: There are numerous controllers sold or offered for sale in the United States since 1997 that do not infringe any claim of the `700 patent. For example, many computer mice, keyboards, and other genres of controllers do not infringe any claim of the '700 patent. In addition, there are numerous video game controllers sold or offered for sale in the United States since 1997 that do not infringe any claim of the `700 patent. For example, Microsoft has sold the following game controllers since June 31, 2000 that do not appear to infringe the '700 patent: Sidewinder Gamepad, Sidewinder Game Pad Pro, Sidewinder Plug & Play Game Pad, Sidewinder 3D Pro, Sidewinder Precision Pro, Sidewinder Force Feedback Pro, Sidewinder Precision 2, Sidewinder Force Feedback 2, Sidewinder Joystick, Sidewinder Force Feedback Wheel, Sidewinder Precision Racing Wheel, Sidewinder Strategic Commander, Sidewinder Game Voice, Sidewinder Freestyle Pro, Sidewinder Dual Strike, and Xbox 360 Wireless Racing Wheel. See Microsoft's Response to Interrogatory No. 5. In addition and upon information and belief, at least the following other controllers sold or offered for sale in the United States since 1997 do not infringe any claim of the '700 patent: Sony's Play Station controller, Nintendo's N64 controller, and Sega's Dreamcast controller.

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DATED: January 24, 2008.

Respectfully submitted, McKOOL SMITH, P.C. /s/ Anthony M. Garza Sam Baxter Lead Attorney Texas State Bar No. 01938000 [e-mail] P.O. Box O 104 East Houston, Suite 300 Marshall, Texas 75670 Telephone: [phone] Facsimile: 903.923.9099 Theodore Stevenson, III Texas State Bar No. 19196650 [e-mail] Anthony M. Garza Texas State Bar No. 24050644 [e-mail] McKool Smith, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: [phone] Telecopier: [phone] Robert M. Parker Texas State Bar No. 15498000 [e-mail] Robert Christopher Bunt Texas State Bar No. 00787165 [e-mail] Charles Ainsworth Texas State Bar No. 00783521 [e-mail] Parker, Bunt & Ainsworth P.C. 100 E. Ferguson Street, Suite 1114 Tyler, Texas 75702 Telephone: [phone] Telecopier: [phone] ATTORNEYS FOR PLAINTIFF ANASCAPE, LTD.

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on counsel of record via email on this 24th day of January, 2008.

/s/ Anthony M. Garza Anthony M. Garza

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