Free Motion in Limine - District Court of Delaware - Delaware

Case 1:07-cv-00017-GMS

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EXHIBIT 1

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE KEURIG, INCORPORATED, Plaintiff, v. KRAFT FOODS GLOBAL, INC., TASSIMO CORPORATION, and KRAFT FOODS INC., Defendants.

) ) ) ) ) ) ) ) ) ) )

C.A. No. 07-17 (GMS) JURY TRIAL DEMANDED

KRAFT FOODS GLOBAL, INC., TASSIMO CORPORATION, AND KRAFT FOODS INC.'S SECOND AMENDED INITIAL DISCLOSURES Pursuant to Fed. R. Civ. P. 26(e), Defendants Kraft Foods Global, Inc., Tassimo Corporation, and Kraft Foods Inc. (collectively, "the Kraft Defendants"), by and through its undersigned counsel, hereby amends its initial disclosures. The following disclosures are made without waiver of any objections to the disclosure of material or information, including, without limitation, any objections to the disclosure of material or information which is protected from disclosure by the attorney-client privilege or the attorney work product doctrine, or any other applicable privilege, any objections based on lack of relevance, any objections based on the fact that the documents or information requested are confidential, that the proposed discovery would be unreasonably cumulative or duplicative or more easily obtainable from some other source more convenient, less burdensome or less expensive, or that the burden or expense of the proposed discovery outweighs its likely benefit. In addition, these disclosures are based on information reasonably available to the Kraft Defendants at this time. The Kraft Defendants reserve the right to further supplement or amend its disclosures when and as appropriate in light of further investigation and discovery.

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(A)

The name and, if known, the address and telephone number of each iudividual likely to have discoverable information that the disclosing party may use to support its claims or defenses, uuless solely for impeachment, identifying the subjects of the information;
1. Adam Lloyd is Director of Technology, Brew Systems, Global

Technology and Quality for Kraft Foods Global, Inc. Mr. Lloyd is based at Kraft Foods UK, Ltd., Ruscote Ave., Banbury, OX16 2QU, (+44) 1295-264433. Mr. Lloyd has information regarding the development of the TASSIMO® T-DISC beverage filter cartridge. 2. Andrew Halliday is Senior Associate Principal Engineer, Global Coffee

Technology for Kraft Foods Global, Inc. Mr. Halliday is based at Kraft Foods UK, Ltd., Ruscote Ave., Banbury, OX16 2QU, (+44) 1295-264433. Mr. Halliday has information regarding the prior art and technical information regarding TASSIMO® T-DISC beverage filter cartridges. 3. Andrew Bentley is Senior Program Leader, Machine Development,

Technology Innovation for Kraft Foods Global, Inc. Mr. Bentley is based at Kraft Foods UK, Ltd., Ruscote Ave., Banbury, OX16 2QU, (+44) 1295-264433. Mr. Bentley has information regarding the prior art and technical information regarding the field of beverage filter cartridges. 4. James Ferguson is Technical Services Manager, Technical Service Centre

for Kraft Foods Global, Inc. Mr. Ferguson is based at Kraft Foods UK, Ltd., Ruscote Ave., Banbury, OX16 2QU, (+44) 1295-264433. Mr. Ferguson has information regarding beverage filter cartridge systems in public use to the priority date of the Patent-in-Suit. 5. William Craig is a retired Kraft employee. Mr. Craig's address is 1033 Mr. Craig has information regarding a beverage filter

Deer Trail, Bourbonnais, IL 60914.

cartridge system in public use prior to the priority date ofthe Patent-in-Suit.

2

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6.

Victor Passarelli, former Building Operations Manager, Rye Brook, Altria

Corporate Services. Mr. Passarelli is based at Altria Group, Inc., 120 Park Avenue, New York, NY, 10017, (917) 663-4000. Mr. Passarelli has information regarding a beverage filter cartridge system in public use prior to the priority date of the Patent-in-Suit. 7. Helen Glus, Administrative Assistant to Louis C. Camilleri, CEO of

Altria, Group, Inc. Ms. Glus is based at Altria Group, Inc., 120 Park Avenue, New York, NY, 10017, (917) 663-4000. Ms. Glus has information regarding a beverage filter cartridge system in public use prior to the priority date of the Patent-in-Suit. 8. Sylvester Stallone, film actor. Mr. Stallone can be reached through his

counsel Ralph Brescia at Bloom Hergott Diemer Rosenthal LaViolette & Feldman, LLP, 150 South Rodeo Drive, Third Floor, Beverly Hills, CA 90212, (310) 859-6800. Mr. Stallone has information regarding a beverage filter cartridge system in public use prior to the priority date of the Patent-in-Suit. 9. Alistair J. MacMahon, Associate Technology Principal for Kraft Foods

Global, Inc. Mr. MacMahon is based at Kraft Foods UK, Ltd., Ruscote Ave., Banbury, OX16 2QU, (+44) 1295-264433. Mr. MacMahon has technical information regarding Kenco SinglesTM beverage filter cartridges and the field of beverage filter cartridges. 10. Geraldine A. Greto is a Kraft Foods employee based at 555 S. Broadway,

Tarrytown, NY 10591, (914) 425-2500. Ms. Greto has information regarding a beverage filter cartridge system in public use prior to the priority date of the Patent-in-Suit.

3

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11. Services.

Steven Anderson is a fonner engineer for Phillip Morris Corporate

Mr. Anderson's address is 205 Jensen Avenue, Mamaroneck, NY 10543.

Mr.

Anderson has infonnation regarding a beverage filter cartridge system in public use prior to the priority date of the Patent-in-Suit. 12. Joel Shipley is a contractor with Culbertson Company who perfonned

work at Kraft Food's fonner offices in Rye Brook, NY. Mr. Shipley is based at Culbertson Company's offices at 182 Brady Ave, Hawthorne, NY 10532, (914) 345-5959. Mr. Shipley has infonnation regarding a beverage filter cartridge system in public use prior to the priority date of the Patent-in-Suit. 13. Jim Vacaro is a contractor with Carrier Corporation who perfonned work

at Kraft Food's fonner offices in Rye Brook, NY. Mr. Vacaro is based at Carrier Corpoartion's offices at Orchard Ridge Corporate Park, Brewster, NY 10509, (845) 276-2950. Mr. Vacaro has infonnation regarding a beverage filter cartridge system in public use prior to the priority date of the Patent-in-Suit. 14. Frank Nieli is an independent contractor at Kraft Food's offices located at

555 S. Broadway, Tarrytown, NY 10591, (914) 425-2500. Mr Nieli has information regarding a beverage filter cartridge system in public use prior to the priority date ofthe Patent-in-Suit. 15. David Yuile is a fonner employee of Pepsi Cola International. Mr. Yuile

is with AAPT, Level 23, 680 St. George Street, NSW, 2000 AUSTRALIA, (+61) 2-9009-9009. Mr. Yuile has infonnation regarding a beverage filter cartridge system in public use prior to the priority date of the Patent-in-Suit.

4

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16.

Mike Gage-Smith, Work Services Manager for Kraft Foods Global, Inc.

Mr. Gage-Smith is based at Kraft Foods UK, Ltd., Ruscote Ave., Banbury, OX16 2QU, (+44) 1295-264433. Mr. Gage-Smith has information regarding the production records of Kenco SinglesTM Cartridges. (B) a copy of, or a description by category and location of, all documents, electronically stored information, and tangible things that are in the possession, custody, or control of the party and that the disclosing party may use to support its claims or defenses, unless solely for impeachment; (a) Technical documents and electronically stored information ("ESI")

relating to TASSIMO® T-DlSC beverage filter cartridges. These documents are located at the offices of Kraft Foods UK, Ltd., Ruscote Ave., Banbury, OX16 2QU, United Kingdom, on servers managed by Electronic Data Systems Corporation in the United Kingdom, and at the offices of Baker Botts L.L.P., 1299 Pennsylvania Ave., NW; Washington, DC 20004. (b) Documents and ESI related to the sales or manufacture of TASSIMO®

T-DISC beverage filter cartridges in the United States. These documents are located at the offices of Kraft Global Foods, Inc., 555 S. Broadway, Tarrytown, New York 10591, on servers managed by Electronic Data Systems Corporation in the United States, and at the offices of Baker Botts L.L.P., 1299 Pennsylvania Ave., NW; Washington, D.C. 20004. (c) Prior art. These documents and things are located at the offices of Kraft

Foods UK, Ltd., Ruscote Ave., Banbury, OX16 2QU, United Kingdom, at the offices of Kraft Global Foods, Inc., 555 S. Broadway, Tarrytown, New York 10591, and at the offices of Baker Botts L.L.P., 1299 Pennsylvania Ave., NW; Washington, D.C. 20004. (d) The Patent-in-Suit and the file history of the Patent-in-Suit. These

documents are located at the offices of Baker Botts L.L.P., 1299 Pennsylvania Ave., NW; Washington, D.C. 20004.
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(C)

a computation of any category of damages claimed by the disclosing party, making available for inspection and copying as under Rule 34 the documents or other evidentiary material, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered; and

Not applicable to Defendants.
(D) for inspection and copying as under Rule 34 any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.

The Kraft Defendants are not aware of any such agreements. POTTER ANDERSON & CORROON LLP

OF COUNSEL David M. Schlitz William S. Foster, Jr. C. John Brown BAKER BOTTS 1.1.P. 1299 Pennsylvania Ave., N.W. Washington, D.C. 20004-2400 Tel. 202-639-7700

By: lsi David E. Moore Richard 1. Horwitz (#2246) David E. Moore (#3983) Hercules Plaza, 6th Floor 1313 North Market Street P.O. Box 951 Wilmington, DE 19899-0951 Tel: 302-984-6169 [email protected] [email protected]
Attorneys for Defendants Kraft Foods Global, Inc., Tassimo Corporation, and Kraft Foods Inc.

Dated: June 30, 2008
872212/31118

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CERTIFICATE OF SERVICE
I, David E. Moore, hereby certify that on June 30, 2008, a true and correct copy of the within document was caused to be served on the attorney of record at the following addresses as indicated:

VIA HAND DELIVERY & ELECTRONIC MAIL
JohnW. Shaw Karen E. Keller Young Conaway Stargatt & Taylor The Brandywine Building 1000 West Street, 17th Floor P. O. Box 391 Wilmington, DE 19899-0391 [email protected] [email protected]

VIA ELECTRONIC MAIL
Michael A. Albert Michael N. Rader Laura Topper Wolf, Greenfield & Sacks, P.C. 600 Atlantic Avenue Boston, MA 02210 [email protected] [email protected] [email protected]

lsi David E. Moore
David E. Moore
799719/31118

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EXHIBIT 2

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
KEURIG, INCORPORATED, Plaintiff,
) ) ) ) ) ) ) ) ) ) )

v.
KRAFT FOODS GLOBAL, INC., TASSIMO CORPORATION, and KRAFT FOODS INC., Defendants.

C.A. No. 07-17 (GMS)

JURY TRIAL DEMANDED

KRAFT FOODS GLOBAL, INC., TASSIMO CORPORATION, AND KRAFT FOODS INC.'S THIRD AMENDED INITIAL DISCLOSURES
Pursuant to Fed. R. Civ. P. 26(e), Defendants Kraft Foods Global, Inc., Tassimo Corporation, and Kraft Foods Inc. (collectively, "the Kraft Defendants"), by and through its undersigned counsel, hereby amends its initial disclosures. The following disclosures are made without waiver of any objections to the disclosure of material or information, including, without limitation, any objections to the disclosure of material or information which is protected from disclosure by the attorney-client privilege or the attorney work product doctrine, or any other applicable privilege, any objections based on lack of relevance, any objections based on the fact that the documents or information requested are confidential, that the proposed discovery would be unreasonably cumulative or duplicative or more easily obtainable from some other source more convenient, less burdensome or less expensive, or that the burden or expense of the proposed discovery outweighs its likely benefit. In addition, these disclosures are based on information reasonably available to the Kraft Defendants at this time. The Kraft Defendants reserve the right to further supplement or amend its disclosures when and as appropriate in light of further investigation and discovery.

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(A)

The name and, if known, the address and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses, unless solely for impeachment, identifying the subjects of the information;
1.

Adam Lloyd is Director of Technology, Brew Systems, Global

Technology and Quality for Kraft Foods Global, Inc. Mr. Lloyd is based at Kraft Foods UK, Ltd., Ruscote Ave., Banbury, OX16 2QU, (+44) 1295-264433. Mr. Lloyd has infonnation regarding the development of the TASSIMO® T-DISC beverage filter cartridge. 2. Andrew Halliday is Senior Associate Principal Engineer, Global Coffee

Technology for Kraft Foods Global, Inc. Mr. Halliday is based at Kraft Foods UK, Ltd., Ruscote Ave., Banbury, OX16 2QU, (+44) 1295-264433. Mr. Halliday has information regarding the prior art and technical infonnation regarding TASSIMO® T-DiSC beverage filter cartridges. 3. Andrew Bentley is Senior Program Leader, Machine Development,

Technology Innovation for Kraft Foods Global, Inc. Mr. Bentley is based at Kraft Foods UK, Ltd., Ruscote Ave., Banbury, OXI6 2QU, (+44) 1295-264433. Mr. Bentley has infonnation regarding the prior art and technical infonnation regarding the field of beverage filter cartridges. 4. James Ferguson is Technical Services Manager, Technical Service Centre

for Kraft Foods Global, Inc. Mr. Ferguson is based at Kraft Foods UK, Ltd., Ruscote Ave., Banbury, OX16 2QU, (+44) 1295-264433. Mr. Ferguson has infonnation regarding beverage filter cartridge systems in public use to the priority date of the Patent-in-Suit. 5. William Craig is a retired Kraft employee. Mr. Craig's address is 1033 Mr. Craig has infonnation regarding a beverage filter

Deer Trail, Bourbonnais, IL 60914.

cartridge system in public use prior to the priority date of the Patent-in-Suit.

2

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6.

Victor Passarelli, fonner Building Operations Manager, Rye Brook, Altria

Corporate Services. Mr. Passarelli is based at Altria Group, Inc., 120 Park Avenue, New York, NY, 10017, (917) 663-4000. Mr. Passarelli has infonnation regarding a beverage filter cartridge system in public use prior to the priority date of the Patent-in-Suit. 7. Helen G1us, Administrative Assistant to Louis C. Camilleri, CEO of

A1tria, Group, Inc. Ms. GIus is based at Altria Group, Inc., 120 Park Avenue, New York, NY, 10017, (917) 663-4000. Ms. G1us has information regarding a beverage filter cartridge system in public use prior to the priority date of the Patent-in-Suit. 8. Sylvester Stallone, film actor. Mr. Stallone can be reached through his

counsel Ralph Brescia at Bloom Hergott Diemer Rosenthal LaViolette & Feldman, LLP, 150 South Rodeo Drive, Third Floor, Beverly Hills, CA 90212, (310) 859-6800. Mr. Stallone has infonnation regarding a beverage filter cartridge system in public use prior to the priority date of the Patent-in-Suit. 9. Alistair J. MacMahon, Associate Technology Principal for Kraft Foods

Global, Inc. Mr. MacMahon is based at Kraft Foods UK, Ltd., Ruscote Ave., Banbury, OX16 2QU, (+44) 1295-264433. Mr. MacMahon has technical infonnation regarding Kenco SinglesTM beverage filter cartridges and the field of beverage filter cartridges. 10. Geraldine A. Greto is a Kraft Foods employee based at 555 S. Broadway,

Tarrytown, NY 10591, (914) 425-2500. Ms. Greto has infonnation regarding a beverage filter cartridge system in public use prior to the priority date of the Patent-in-Suit.

3

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11. Services.

Steven Anderson is a former engmeer for Phillip Morris Corporate Mr.

Mr. Anderson's address is 205 Jensen Avenue, Mamaroneck, NY 10543.

Anderson has information regarding a beverage filter cartridge system in public use prior to the priority date of the Patent-in-Suit. 12. Joel Shipley is a contractor with Culbertson Company who performed

work at Kraft Food's former offices in Rye Brook, NY. Mr. Shipley is based at Culbertson Company's offices at 182 Brady Ave, Hawthorne, NY 10532, (914) 345-5959. Mr. Shipley has information regarding a beverage filter cartridge system in public use prior to the priority date of the Patent-in-Suit. 13. Jim Vacaro is a contractor with Carrier Corporation who performed work

at Kraft Food's former offices in Rye Brook, NY. Mr. Vacaro is based at Carrier Corpoartion's offices at Orchard Ridge Corporate Park, Brewster, NY 10509, (845) 276-2950. Mr. Vacaro has information regarding a beverage filter cartridge system in public use prior to the priority date of the Patent-in-Suit. 14. Frank Nie1i is an independent contractor at Kraft Food's offices located at

555 S. Broadway, Tarrytown, NY 10591, (914) 425-2500. Mr Nieli has information regarding a beverage filter cartridge system in public use prior to the priority date of the Patent-in-Suit. 15. David Yuile is a former employee of Pepsi Cola International. Mr. Yuile

is with AAPT, Level 23, 680 St. George Street, NSW, 2000 AUSTRALIA, (+61) 2-9009-9009. Mr. Yuile has information regarding a beverage filter cartridge system in public use prior to the priority date of the Patent-in-Suit.

4

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16.

Mike Gage-Smith, Work Services Manager for Kraft Foods Global, Inc.

Mr. Gage-Smith is based at Kraft Foods UK, Ltd., Ruscote Ave., Banbury, OX16 2QU, (+44) 1295-264433. Mr. Gage-Smith has information regarding the production records of Kenco

SinglesTM Cartridges.

17.

Martin Brown, Maxpax Engineer for Kraft Foods Global, Inc. Mr. Brown

is based at Kraft Foods UK, Ltd., Ruscote Ave., Banbury, OX16 2QU, (+44) 1295-264433. Mr. Brown has information regarding the production records of Kenco SinglesTM Cartridges. 18. Roy Adams, Maxpax Engineer for Kraft Foods Global, Inc. Mr. Adams

is based at Kraft Foods UK, Ltd., Ruscote Ave., Banbury, OX16 2QU, (+44) 1295-264433. Mr. Adams has information regarding the production records of Kenco SinglesTM Cartridges.

(B)

A copy of, or a description by category and location of, all documents, electronically stored information, and tangible things that are in the possession, custody, or control of the party and that the disclosing party may use to support its claims or defenses, unless solely for impeachment;
(a) Technical documents and electronically stored information ("ESI")

relating to TASSIMO® T-DISC beverage filter cartridges. These documents are located at the offices of Kraft Foods UK, Ltd., Ruscote Ave., Banbury, OX16 2QU, United Kingdom. on servers managed by Electronic Data Systems Corporation in the United Kingdom, and at the offices of Baker Botts L.L.P., 1299 Pennsylvania Ave., NW; Washington, DC 20004.

(b)

Documents and ESI related to the sales or manufacture of TASSIMO®

T-DISC beverage filter cartridges in the United States. These documents are located at the offices of Kraft Global Foods, Inc., 555 S. Broadway, Tarrytown, New York 10591, on servers

5

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managed by Electronic Data Systems Corporation in the United States, and at the offices of Baker Botts L.L.P., 1299 Pennsylvania Ave., NW; Washington, D.C. 20004. (c) Prior art. These documents and things are located at the offices of Kraft

Foods UK, Ltd., Ruscote Ave., Banbury, OXl6 2QU, United Kingdom, at the offices of Kraft Global Foods, Inc., 555 S. Broadway, Tarrytown, New York 10591, and at the offices of Baker Botts L.L.P., 1299 Pennsylvania Ave., NW; Washington, D.C. 20004. (d) The Patent-in-Suit and the file history of the Patent-in-Suit. These

documents are located at the offices of Baker Botts L.L.P., 1299 Pennsylvania Ave., NW; Washington, D.C. 20004.
(C) A computation of any category of damages claimed by the disclosing party, making available for inspection and copying as under Rule 34 the documents or other evidentiary material, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered; and

Not applicable to Defendants.
(D) For inspection and copying as under Rule 34 any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.

The Kraft Defendants are not aware of any such agreements.

6

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POTTER ANDERSON & CORROON LLP

OF COUNSEL David M. Schlitz William S. Foster, Jr. C. John Brown BAKER BOTTS 1.1.P. 1299 Pennsylvania Ave., N.W. Washington, D.C. 20004-2400 Tel. 202-639-7700 Dated: July 17, 2008
874773/31118

By: /s/ David E. Moore Richard 1. Horwitz (#2246) David E. Moore (#3983) Hercules Plaza, 6th Floor 1313 North Market Street P.O. Box 951 Wilmington, DE 19899-0951 Tel: 302-984-6169 [email protected] [email protected] Attorneys for Defendants Kraft Foods Global, Inc., Tassimo Corporation, and Kraft Foods Inc.

7

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CERTIFICATE OF SERVICE
I, David E. Moore, hereby certify that on July 17, 2008, a true and correct copy of the within document was caused to be served on the attorney of record at the following addresses as indicated:

VIA HAND DELIVERY & ELECTRONIC MAIL
John W. Shaw Karen E. Keller Young Conaway Stargatt & Taylor The Brandywine Building 1000 West Street, 17th Floor P. O. Box 391 Wilmington, DE 19899-0391 j [email protected] [email protected]

VIA ELECTRONIC MAIL
Michael A. Albert Michael N. Rader Laura Topper Wolf, Greenfield & Sacks, P.C. 600 Atlantic Avenue Boston, MA 02210 [email protected] [email protected] [email protected]

/s/ David E. Moore David E. Moore
799719/31118

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EXHIBIT 3

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From: Sent: To: Cc: Subject: Dear Bill,

Rader, Michael Tuesday, July 22, 2008 7:29 PM '[email protected]' Steenburg, Charles; 'Keller, Karen' Keurig v. Kraft

I'm writing to register Keurig's objection to Kraft's untimely attempt to inject new witnesses into this case through its Second Amended Initial Disclosures and Third Amended Initial Disclosures, served on Keurig on June 30 and July 17, respectively. As you know, discovery in this case closed on April 1, 2008. Moreover, we are now in the final phases of preparing our voluminous draft pre-trial papers for service on July 25. Trial testimony from these previously-undisclosed witnesses would unfairly prejudice Keurig. Kindly confirm in response to this e-mail that Kraft will not attempt to have these witnesses testify at trial, or Keurig will seek appropriate relief from the Court. Best regards, Michael Rader WOLF, GREENFIELD & SACKS, P.C.

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EXHIBIT 4

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RULE 7.1.1 CERTIFICATION I hereby certify that counsel for Plaintiff has complied with Rule 7.1.1 of the Local Rules of Civil Practice and Procedure of the United States District Court for the District of Delaware.

/s/ Adam W. Poff Adam W. Poff (No. 3990)

DB01:1341858.1