Anascape, Ltd v. Microsoft Corp. et al

Filing 64

REPLY to Response to Motion re 56 MOTION to Stay Litigation Pending Reexamination of the Patents-in-Suit by the Patent Office filed by Microsoft Corp.. (Attachments: # 1 Exhibit A - Declaration of Joseph T. Jakubek# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Carraway, J)

Anascape, Ltd v. Microsoft Corp. et al

Doc. 64 Att. 4

Case 9:06-cv-00158-RHC

Document 64

Filed 02/05/2007

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EXHIBIT D
to Microsoft's Reply in Support of its Motion to Stay Litigation Pending Reexaminations

Dockets.Justia.com

Case 9:06-cv-00158-RHC

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Case 9:06-cv-00158-RHC

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Case 9:06-cv-00158-RHC

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All documents related to the impact that any of the asserted Anascape patents could have on Microsoft, including without limitation, damages, liability, injunctive relief or required product changes. All documents evidencing any communications relating to the asserted Anascape patents. All documents relating to any meetings and/or communications between Anascape, Brad Armstrong, or anyone acting on their behalf and Microsoft. All documents related to when and how Microsoft first became aware of the asserted Anascape patents. All documents related to any communications between Microsoft and any other party regarding this litigation. All documents that discuss, refer to, or evidence the value of the asserted Anascape patents or damages for infringement of the asserted Anascape patents. All patent licenses relating to video game consoles and/or video game controllers to which Microsoft is or has been a party. All patent licenses that Microsoft contends are relevant to the royalty that would be reached as a result of a hypothetical negotiation with respect to any of the asserted Anascape patents. Documents sufficient to show (on a quarterly and annual basis) for the last six years Microsoft's revenue, quantities, profits, profit margins, and costs for each of the following Microsoft game controllers: Xbox 360 Wireless Controller; Xbox 360 Controller; Xbox Controller S; and Xbox Controller. Documents sufficient to show (on a quarterly and annual basis) for the last six years Microsoft's revenue, quantities, profits, profit margins, and costs for each of the following Microsoft video game systems: Xbox 360; and Xbox. Documents sufficient to show (on a quarterly and annual basis) for the last six years Microsoft's revenue, quantities, profits, profit margins, and costs for all accessories sold in conjunction with each of the following Microsoft video game systems: Xbox 360; and Xbox. Documents sufficient to show (on a quarterly and annual basis) for the last six years Microsoft's revenue, quantities, profits, profit margins, and costs for all revenue related to each of the following Microsoft video game systems: Xbox 360; and Xbox. All documents indicating how Microsoft allocates revenue received from sales of video game systems that include at least one video game controller. Page 3
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Case 9:06-cv-00158-RHC

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All documents relating to the asserted Anascape patents or any related U.S. or foreign patents, including without limitation all documents related to any analysis or opinion as to the validity, scope, enforceability, or infringement of any such patent. All of Microsoft's Quarterly and Annual Reports. All documents related to any insurance policies or indemnity arrangements relating to this lawsuit. Documents, such as organizational charts, sufficient to show for each of the years 2000 to present, the persons at Microsoft responsible for the following activities related to game controllers: (i) research; (ii) product development; (iii) design engineering; (iv) programming or writing software; (v) manufacturing; (vi) marketing; (vii) sales; (viii) customer technical support; (ix) quality control; and (x) competitive product analysis. If Microsoft has additional documents or information within its possession, custody or control that are relevant to the claims or defenses asserted in this case, but not specifically set forth above, they should be produced as well. To the extent these topics relate solely to damages-related discovery, we do not expect responses until required under the Court's scheduling order. If you have any questions, please do not hesitate to contact me.

cc:

Robert J. Gunther James S. Blank J. Thad Heartfield Clayton E. Dark Robert W. Faris Joseph S. Presta R. Christopher Bunt

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