Free Reply Brief - District Court of Delaware - Delaware

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APPENDIX A

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APPENDIX A PRODUCT AND DISCOVERY TIMELINE

2006

First Round of Financing ­ Big Band ­ accuses Imagine of trade secret theft (settled with mutual release dated March 5, 2006). (Howard Decl. ¶ 4)

May 2007

Imagine asks Big Band to visit its research facilities to see how different its anticipated product is after Big Band threatens patent suit. (Howard Decl. ¶¶ 6-7)

June 5, 2007 Complaint Filed Big Band files suit during second round of financing before Imagine releases details or launches its product. (Gutman Decl. ¶ 5)

June 5, 2007

June 13, 2007

Second Round of Financing - Imagine for the second time asks Big Band to visit its facilities and "get technical teams together" to show why product does not infringe. (Howard Decl. ¶¶ 8-9)

August 27, 2007

Big Band serves its Requests for Production including No. 22, 23 and 24 asking for documents relating to products not in existence and not commercialized including SDV and QOD products. (Gutman Decl. ¶¶ 11-13) Imagine serves its objections and responses.

October 21, 2007

December, 2007

Imagine launches its only product to date, its ICE BROADCAST SYSTEM (Gutman Decl. ¶ 6) Imagine produces 20,305 pages. At this time only product commercialized was BROADCAST PRODUCT.

December 5, 2007

February 2008

Imagine starts development of Staging Processor for SVD and/or VOD

May 2008

Still only one commercial product (ICE BROADCAST SYSTEM) staging process or product for SDV and/or VOD hopefully released Q3/Q4 2008

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GUTMAN DECLARATION

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CM/ECF LIVE - U.S. District Court:ded Case 1:07-cv-00351-JJF Document 69

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Briefs, Responses and Replies
1:07-cv-00351-JJF BigBand Networks Inc. v. Imagine Communications Inc. PATENT, PaperDocuments, VACANTJUDGESHIP

U.S. District Court District of Delaware Notice of Electronic Filing The following transaction was entered by Matterer, Mary on 5/30/2008 at 11:22 AM EDT and filed on 5/30/2008 Case Name: BigBand Networks Inc. v. Imagine Communications Inc. Case Number: 1:07-cv-351 Filer: Imagine Communications Inc. Document Number: 69 Docket Text: REPLY BRIEF re [47] MOTION to Limit Claims filed by Imagine Communications Inc.. (Matterer, Mary)

1:07-cv-351 Notice has been electronically mailed to: Jack B. Blumenfeld Karen Jacobs Louden Mary Matterer [email protected] [email protected]

[email protected], [email protected], [email protected]

1:07-cv-351 Notice has been delivered by other means to: The following document(s) are associated with this transaction: Document description:Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1079733196 [Date=5/30/2008] [FileNumber=575048-0] [8b84aa3817730ea8ee1421378fc9dd5d3e5e98d7f307ce05987ec33116ba7c28dd2d 74be6b6a481ca5c9cb0ea21c612d1b274a036c1bc2f45ffcc5f7b45d0a92]]

https://ecf.ded.uscourts.gov/cgi-bin/Dispatch.pl?834430167347326

5/30/2008