Anascape, Ltd v. Microsoft Corp. et al

Filing 57

AFFIDAVIT in Support re 56 MOTION to Stay Litigation Pending Reexamination of the Patents-in-Suit by the Patent Office - Declaration of Marc Whitten filed by Microsoft Corp.. (Carraway, J)

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Anascape, Ltd v. Microsoft Corp. et al Doc. 57 Case 9:06-cv-00158-RHC Document 57 Filed 01/16/2007 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION ANASCAPE, LTD. Plaintiff, v. MICROSOFT CORPORATION, and NINTENDO OF AMERICA, INC., Defendants. Hon. Ronald Clark Civil Action No. 9:06-CV-00158-RC DECLARATION OF MARK WHITTEN IN SUPPORT OF DEFENDANT MICROSOFT'S MOTION TO STAY PROCEEDINGS PENDING COMPLETION OF THE REEXAMINATION OF THE PATENTS-IN-SUIT 1. I, Marc Whitten, am General Manager of Xbox Accessories at Microsoft Corporation ("Microsoft"). I have personal knowledge of the facts herein and, if called as a witness, could testify competently thereto. 2. The original Xbox gaming system first went on sale in the United States in November 2001. Microsoft has sold two different controllers for use with the original Xbox system, called the Xbox Controller and the Xbox Controller S. 3. In December 2005, Microsoft began sales of its next-generation Xbox system, called the Xbox 360. Microsoft sells two new next-generation controllers, called the Xbox 360 Wired Controller and the Xbox 360 Wireless Controller. 4. The original Xbox Controller and Xbox Controller S, which were for use with the original Xbox system, are no longer being manufactured by or for Microsoft. Microsoft is in the process of selling any of its remaining inventory of controllers for the original Xbox system. I currently estimate that any such inventory will be depleted by mid-2007. -1- WHITTEN DECLARATION IN SUPPORT OF MICROSOFT'S MOTION TO STAY PROCEEDINGS Dockets.Justia.com Case 9:06-cv-00158-RHC Document 57 Filed 01/16/2007 Page 2 of 3 Case 9:06-cv-00158-RHC Document 57 Filed 01/16/2007 Page 3 of 3 CERTIFICATE OF SERVICE I hereby certify that all counsel of record who have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3) on this the 15th day of January, 2007. Plaintiff has also been served by hand delivery and e-mail to its counsel at: Luke McLeroy McKool Smith 300 Crescent Court Suite 1500 Dallas, TX 75201 MSAnascape@mckoolsmith.com /s/ J. Christopher Carraway _______ CERTIFICATES OF SERVICE

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