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Case 1:07-cv-00519-JJF
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EXHIBIT 1
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Paul Torchia/NY/WGM/US 07/11/2008 06:57 PM
To [email protected], [email protected] cc [email protected], [email protected], [email protected] bcc Subject Aruba- amended answer and counterclaims
Arun, Eric Aruba intends to seek leave to amend the pleadings and assert two patents against Symbol, Wireless Valley, and Motorola. Attached is a proposed Amended Answer and Counterclaims. Please let us know if you will consent to our motion to amend and to join Motorola. Paul
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EXHIBIT 2
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From: "Chandra, Arun" [[email protected]] Sent: 06/23/2008 03:30 PM AST To: Paul Torchia; [email protected] Cc: "Lobenfeld, Eric J."
Paul, We can agree to give you two additional months for Section 4(a) discovery and agree to close of fact discovery by January 30th on the express condition that we agree on the document production protocol now and start a rolling document production. We do not want to delay the discovery process any longer, and see no reason for not deciding on a document production protocol. Also, since the scheduled dates were in the Court's Rule 16 Scheduling Order, will you draft the necessary stipulation and send it to us? -Arun
Arun Chandra, ATTORNEY AT LAW HOGAN & HARTSON LLP 875 Third Avenue, New York, NY 10022 direct +1.212.918.3547 | tel +1.212.918.3000 | fax +1.212.918.3100 [email protected] | http://www.hhlaw.com
From: [email protected] [mailto:[email protected]]
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Sent: Friday, June 20, 2008 4:00 PM To: Chandra, Arun Cc: Lobenfeld, Eric J.; Schaefer, Ira J.; Feller, Mitchell S.; [email protected] Subject: RE: Symbol v. Aruba: Document Production
ArunAddition of Airwave to the case would be a major undertaking and we would need more than one additional month to accommodate it. Would you be agreeable to pushing the two discovery dates in section 4(a) of the scheduling order out two months? That would mean moving the document/contention/witness identification date to October 15, 2008, and the close of discovery date to January 30, 2009. Paul
"Chandra, Arun"
To [email protected] cc "Lobenfeld, Eric J."
Paul, We can agree to give you an additional month for document production (but no other changes regarding any other dates) on the condition that we reach agreement on the document production protocol now. As you know, not having a protocol in place will lead to additional delays down the road, which we want to avoid. Also, once we get an agreement on the document production protocol, it will make the document collection and review process more efficient for both parties. Let us know if you are okay with this and when we can hear
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from you regarding the document production protocol. Thanks. -Arun
Arun Chandra, ATTORNEY AT LAW HOGAN & HARTSON LLP 875 Third Avenue, New York, NY 10022 direct +1.212.918.3547 | tel +1.212.918.3000 | fax +1.212.918.3100 [email protected] | http://www.hhlaw.com
From: [email protected] [mailto:[email protected]] Sent: Friday, June 20, 2008 11:23 AM To: Chandra, Arun Cc: Lobenfeld, Eric J.; Schaefer, Ira J.; Feller, Mitchell S.; [email protected] Subject: RE: Symbol v. Aruba: Document Production
ArunI wanted to write to follow up on our call today. As you know, plaintiffs identified Airwave products as accused products for the first time in their discovery responses served a few days ago. Airwave, a company acquired by Aruba last march, was not mentioned in the complaint, plaintiffs initial disclosures, or discovery requests. As you state below we have less than two months left in the document discovery period. That is not enough time to accommodate addition of Airwave to the case. We raised the possibility of a compromise conditioned on pushing out discovery dates, and you said that you would have to get back to me. Until we bottom out on this, it is hard for me to commit to a detailed document discovery protocol. Please let me know if you would be willing to move the document and written discovery deadlines out (without an adjustment to the Markman date or the trial date). On our call, we agreed to disagree on the issue of whether plaintiffs have properly put Airwave products at issue. That is not something we need to debate now, but please understand that we are not conceding anything on that point by raising this compromise proposal. Paul
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EXHIBIT 3
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..Chandra. Arun"
07/16/200809:47 AM
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To [email protected], [email protected] cc "Schaefer, Ira J."
I meant, Plaintiffs will not consent to Aruba's proposed motion to amend. Sorry for the typo.
~~~;~a;~~'R~~60NR~L~Y AT LAW
875 Third Avenue, New York, NY 10022 birect +1.212.918.3547 I tel +1.212.918.3000 I fax +1.212.918.3100 lA.Chandra(ci)hhlaw.com
I http://www.hhlaw.com
From: Chandra, Arun Sent: Wednesday, July 16, 20089:38 AM To: [email protected]; [email protected] Cc: Schaefer, Ira J.; Feller, Mitchell S.; Lobenfeld, Eric J.; Chandra, Arun Subject: RE: Aruba- amended answer and counterclaims
Paul, Plaintiffs will not consent to Aruba's proposed motion to attend. If Aruba files its proposed motion to attend, Plaintiffs intend to oppose it. -Arun
Arun Chandra, ATTORNEY AT LAW HOGAN & HARTSON LLP 875 Third Avenue, New York, NY 10022
~irect +1.212.918.3547 I tel +1.212.918.3000 I fax +1.212.918.3100
IAChandra(Q)hhlaw.com
I http://www.hhlaw.com
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EXHIBIT 4
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
SYMBOL TI~CI1NOLOGlES,INC., and WIRkL ESS VAI-1-EY COblMlJNICA1 IONS, INC: , Plaintiffs. v. ARIJBA NETWORICS, INC., Defendant.
FIRST SUPPLEMENTAL INITIAL DISCLOSURES OF ARUBA NETWORICS, INC. PURSUANT TO FED. R. CIV. P. 26(a)(l) A r ~ ~ bNetworks Inc. ("Aruba"), a by its counsel, hereby provides the following
information pursuant to Fed. R. Civ. P. 26(a)(l). A r ~ ~ b a investigation of the matters discussed herein is ongoing, and Aruba expressly 's reserves the right to supplement the information provided in these disclosures, through the discovery process in this case, as additional information is discovered or becomes available. As such, Aruba does not represent that it is identifying every document, tangible thing, or witness to possibly relevant to this lawsuit. Rather, Aruba's disclosures represent a good faith effo~t identify infonnation it reasonably believes is required by Fed. R. Civ. P. 26(a)(l). These disclosures are made without waiving the right to object to production of any document or tangible thing disclosed on the grounds of competency, privilege, relevancy and materiality, hearsay, undue bur,den, or any other proper ground; the right to object to the use of any such info~mation, any purpose, in whole or in part, in any subsequent proceeding in this for action or any other action; or the right to object on any and all grounds, at any time, to any other discovery request or proceeding involving or relating to the subject matter of these disclosures.
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A.
Individuals Liltely to Have Discoverable Information That Aruba May Use to Support Its Claims or Defenses
The names, titles, and last-lcnown addresses (where applicable) of individuals who may possess discoverable inforlnation are provided below Present and fonner employees of Aruba sllould be contacted througlt Aruba's counsel of record in this case Individual I A corporate representative of Symbol Technologies Inc. One Motorola Plaza Holtsville, New York 1 1742 Subject Matter IMatters related to 1J.S. Patent Nos. 7,173,922 (the '922 patent) and 7,173,923 (the '923 patent) (together "the Symbol patents") and related patents including, without limitation, inventorship, co~npliance with 35 11 S.C. 101-10.3, 112 and 287, claim construction, diligence, reduction to practice and inequitable conduct; Synbol products; prior art; discussions between 'Symbol and Aruba; and elated issues. Matters related to 1J.S Patent Nos 6,625,454 (the '454 patent) and 6,973,622 (the '622 patent) (together "the Wireless Valley patents") and related patents including, without limitation, inventorship, co~npliance with 1 5 U.S.C. 55 101-103, diligence, 112 and 287, claim constri~ction, reduction to practice and inequitable conduct: Wireless Valley products;. prior -. . art; and related issues. Matters related to the acquisition of Synbol and Wireless Valley and the valuation of the Patents-in-suit; prior art relating to the Patents-in-suit; and the decision to file this lawsuit. Matters related to Symbol's pre-filing investigation, decision to sue, and press releases relating to this lawsuit. Matters related to the Sy~nbol patents and related patents including, without limitation, i~tventorsltip, compliance with 35 U.S C $5 101-103, and 112, claim construction, diligence, reduction to practice and inequitable conduct; p ~ i o art; and related r
(is
A corporate representative of Wireless Valley Communications Inc. 4515 Seton Center Parkway Suite 330 Austin, Texas 78759
3.
A corporate representative of Motorola, Inc. 1.303 East Algonquin Road Scltaurnburg, Illinois 60196 Aaron Bernstein One Motorola Plaza Holtsville, New York 11742 Robert Beach 1850 Middleton Avenue L.os Altos, California 94204
4.
5.
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861 5 Heam Street A ~ ~ s t iTX 78703 n,
7.
Roger Sludmore 8 12 1 Jester Boulevard Austin, TX 78750
8.
Benjamin Henty 1 Watso11 Mill Lane Newtown, PA 18940
9
1 Eric Reifsneider
1203 1 Wiclcer Drive Chapel Hill, NC 275 17
/
10.
Baker Botts L,LP 30 Roclcefeller Plaza 44th Floor New Yorlc, New Yorlc 101 12 Telephone: (212) 408-2500 James J. Maune 121 Harvard Drive Plainview, New Yorlc 1 1803 Telephone: (51 6) 367-7066 Robert L. Maier Baker Botts LLP 30 Rockefeller Plaza New Yorlc, New Yorlc 101 12 Telephone: (212) 408.2538 Manu J. Tejwani 1327 Ethan Ct Yorlctow~~, 10598 NY
patents and related patents including, witl~out limitation, inventorship, compliallce with 35 ll.S.C. 55 101-10.3, and 112, claim to construction, diligence, reductio~l practice and inequitable conduct; prior art; and related issues. Matters related to the Wireless Valley patents and related patents including, without limitation, inventorship, compliance with 35 U.S.C. $5 101-103, and 112, claim construction, diligence, reduction to practice and inequitable conduct; prior art; and relatcd issues. Matters rcKed to the Wireless Valley patents and related patents including, without limitation, inventorship, compliance with 35 lJ.S.C. 5s 101-103, and 1 12, claim construction, diligence, reduction to prior practice and inequitable cond~~ct; art; and related issues. Matters rclated to the Wireless Valley patents and related patents including, without limitation, inventorship, compliance with 35 1J S.C. $5 101-103, and 112, claim construction, diligence, reduction to practice and inequitable coilduct; prior art; and related issues. The prosecution of the Symbol patents and related issues
The prosecution of the Symbol patents and related issues The prosecution of the S p b o l patents and related issues.
The prosecution of the Synbol patents and related issi~es.
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Ingrassia Fisher & Lorenz, P.C. 7010 E. Cochise Rd Scottsdale, Arizona 85252 Telephone: (480) 385-5060 Timothy J. Lorenz ~ngrassi;Fisher & L.orenz, P.C. 7010 E Cochise Rd Scottsdale, Arizona 85252 Telephone: (480) 385-5060 Glenn F. Franltenberger Motorola, Inc. One Motorola Plaza MIS A-6 Holtsville, NY 11742 Telephone (631) 738-5570 Laurie E. Gathman Phillips Electronics Road 345 Scarborougl~ P.O. Box 3001 Briarcliff Manor, NY 10510 Telephone: (914) 333-9606 Erin P. Madill lngrassia Fisher & Lorenz, P.C 12520 High Bluff Drive, Suite 260 San Diego, Califor~lia 92130 Telephone (858) 755-6220 Marlc I. I
The prosecution of the Symbol patents and related issues.
The prosecution of the Symbol patents and related issues.
The prosecution of the Symbol patents and related issues
The prosecution of the Synbol patents and related issues,
The ma rose cut ion of the Syinbol patents and related issues.
The prosecution of the Symbol patents and related issues.
The prosecution of the Symbol patents and related issues.
Syn~bol's investigation of Aruba products The prosec~itionof the Wireless Valley patents and related issues
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C. Larnont Whitharn Whitllain, Curtis, Cluistofferson & Cook, P.C. 11491 Sunset Hills Road, Suite 340 Reston, Virginia 201 90 Telephone: (703) 787-9400 Michael Whitham Whitham, Curtis, Christofferson & Cook, P.C. 11491 Sunset Hills Road, Suite 340 Reston, Virginia 20190 Telephone: (703) 787-9400 Indira Saladi Motorola, Inc 1301 E Algonquin Road IL,OZISHS Schaumburg, Illii~ois 60149 Telephone (847) 576-6735 Partha Narasimhan Aruba Networks, Inc. 1344 Crossinan Avenue, Sunnyvale, CA 94089-1 1 13
The prosecution of the Wireless Valley patents and related issues.
The prosecution of the Wireless Valley patents and related issues.
The prosecution of the Wireless Valley patents and related issues.
Design and operation of Aruba's products.
Mr. Narasimhan can be contacted via Weil, Gotshal & Manges LLP Mike Tennefoss Aruba Networks, Inc 1344 Crossman Avenue, Sunnyvale, CA 94089-1 113
IOlowledge of the marketing and sales of Aruba's products.
1 Mr. Tennefoss can be contacted via Weil, / / Gotshal & Manges LLP.
28.
1 Steffan Tornlinson, CFO
/ IQ~owledgeof financial matters at A r ~ ~ b a .
Aruba Networks, Inc 1344 Crossinan Avenue, Sunnyvale, CA 94089-1 113
29.
I Mr. Tolnlinson can be contacted via Weil, I Gotshal & Manges LLP. / Design and operation of Aruba's products. 1 Pradeep Ayer
Aruba Networlcs, Inc. 1344 Crossinan Avenue, Sunnyvale, CA 94089-1 113 Mr. Ayer can be contacted via Weil, Gotshal & Manges LLP
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John Taylor Aruba Networks, Inc. 1344 Crossman Avenue, Sunnyvale, CA 94089-1 113
Mr. Taylor can be contacted via Weil, Gotshal & Manges LLP Jason Luther Aruba Networks, Inc. 1700 South El Camino Real Suite 500 San Mateo, CA 94402 Mr. Luther can be contacted via Weil, Gotshal & Manges LLP Paul Gray Aruba Networlcs, Inc 1700 South El Cainino Real Suite 500 San Mateo, CA 94402 Mr. Gray can be contacted via Weil, Gotshal & Manges LLP Greg Murphy Aruba Networlts, Inc. Avenue, 1344 Cross~nan Sunnyvale, CA 94089-1 11 3 Mr. Murphy can be contacted via Weil, Gotshal & Manges LLP Brian Wargo Aruba Networlcs, Inc. 1700 South El Camino Real Suite 500 Sail Mateo, CA 94402 Mr. Wargo can be contacted via Weil, Gotshal & Manges LLP
Design and operation of Airwave's products. The prosecution of Airwave's patent and related issues.
Design and operation of Airwave's products The prosecution of Airwave's patent and related issues.
ICnowledge of the inarlceting and sales of Airwave's products.
ICnowledge of the marlceting and sales of Airwave's products.
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B.
Description by Category and Location of Documents and Things That Aruba May Use to Support Its Claims or Defenses Category
I I
1
I
I
I
Location
2
File llistories and prior art ieferences cited by the Patent Office during prosecution of the patents-in-suit ( Documents relating to prior art not disclosed to the Patent Office during ~osecution the patents-in-suit of Documents relating to the design, development, and operation of Plaintiffs' products Documents relating to the mailceting and sale of Plaintiffs' products
I
I I
Publicly available docuine~lts may be that obtained from the United States Patent and Tiadelnark Office in Alexandria, Virginia The files of Motorola, Symbol, Wireless Valley The files of Motorola, Symbol, Wireless Valley The files of Motorola, Symbol, Wireless Valley The files of Motorola, Symbol, Wireless Valley The files of Motorola, Syllbol, Wileless Valley Internal Aruba and Airwave servers
5.
Documents relating to Plaintiffs' decision to file this suit Documents relating to the acquisition of Plaintiffs by Motorola and the valuation of the Patents-in-Suit Documents relating to the design, development, and operation of Aruba's and Airwave's products Documents relating to the mailceting and sale of Aruba's and Airwave's products
6.
7
8
and Internal A ~ u b a AirWave seivers
C.
Computation of Damages Claimed By Aruba
A ~ u b aseelcs costs and atto~neys' fees, and such othei ielief as the Court deems app~opriate Neithe~the amount of Aruba's fees and costs nor the amount of any o t h e ~ relief that may be deemed appropriate is ascertainable at this time.
D. Any Insurance Agreement That May Be Available To Satisfy Part Or All of a Judgment Against Aruba
Antba is not awaie of any insu~ance agreement unde~ which an insurance business may
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be liable to satisfy all or part of a possible judgment in this action or to indemnify or reimburse for payments made to satisfy any such judgment.
OF COUNSEL,: Matthew D. Powers Weil, Gotshal & Manges LL.P Silicon Valley Office 201 Redwood Shores Parkway Redwood Shores, CA 94065 (650) 802-3000 Nicholas Groo~nblidge Paul E Torchia Etai Lahav Weil, Gotshal & Manges LL.P New York Office 767 Fifth Avenue New York, NY 10153-0119 (2 12) 3 10-8000 Dated: August 1 1, 2008
/s/ Frederick L. Cottrell, III Frederick L,. Cottrell, 111 (#2555) cottrell@rlico~n Richards, L.ayton & Finger, P.A. One Rodney Square, P.O. Box 551 Wilmington, DE 19899 (302) 651-7700 A~~~I'I~C?JJ,S for.. Deferlda~lt Arubn Networks, Inc.
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CERTIFICATE OF SERVICE
I hereby certify that on August 11, 2008, a true and correct copy of the foregoing of document was caused to be served on cou~lsel record at the following addresses as indicated:
By Electronic Mail and Hand Delivery
Richard L.. Horwitz David E.. Moore Potter, Anderson & Corroon, LLP Hercules Plaza, 6"' Floor 131.3N. Marlcet Street Wilmington, DE 19801
Bv Electronic Mail
Eric J. Lobenfeld Ira J. Shaefer Lawrence Brocchini Arun Chandra Hogan & Watson, L..L,.P 875 Third A v e ~ ~ u e New York, NY 10022
/s/ 1;1 ecier ick L. Cortrell. 11 1
Frederick L. Cottrell, 111 (#2555)
Date: August 11, 2008
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EXHIBIT 5
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NOGA HA TON
Hagan & Hartson U-P 875 Third Avenue New York, NY 10022 +1 .212 .918 .3000 Tel +1 .212 .918 .3100 Fa x
July 31, 200 8
Arun Chandra Associate 212-918-3547 achan dra@hhlaw .co m
VIA ELECTRONIC MAIL AND HAND DELIVER Y Paul Torchia, Esq . Weil, Gotshal & Manges LLP 767 Fifth Avenue New York, NY 10153-011 9
E .
Re: Symbol Technologies, Inc . et al. v. Aruba Networks, Inc ., Civil Action No . 07-519-JJF (D . Del) Dear Paul : Enclosed please find 3 disks containing documents bearing the following, production numbers : SBLWV ARUBA00014369 to SBLWV_ARUBA00101888 . Please note that documents designated as "Confidential" or "Highly Confidential - Outside Counsel Only" should be treated under the provisions of the District of Delaware Local Rule 26 .2, until entry of a Protective Order in this case. Since
Y,
Arun Chandra Enclosures cc : Dawn Marie Mulvey
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