Free Declaration - District Court of Delaware - Delaware

Case 1:07-cv-00519-JJF

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EXHIBIT 1

Motorola Media Center - Press Releases Case 1:07-cv-00519-JJF Document 54-2

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Motorola Files a Lawsuit against Aruba Networks for Wireless Patent Infringement HOLTSVILLE, N.Y. ­ 28 August 2007 ­ Motorola, Inc. (NYSE: MOT) announced today that its subsidiary companies Symbol Technologies, Inc. and Wireless Valley Communications, Inc. (the Companies), have filed a patent infringement lawsuit against Aruba Networks, Inc. The lawsuit, filed on August 27, 2007 in the United States District Court for the District of Delaware, concerns Aruba's infringement of patents related to wireless local area network (WLAN) communication technologies. Motorola, Symbol and Wireless Valley are pioneers in network communication technologies, and currently hold many patents directly related to WLAN technologies. Symbol introduced the market's first modern wireless switch architecture, a breakthrough WLAN architecture that can significantly lower the cost of deploying network infrastructure and drive down the cost of managing, maintaining and upgrading wireless systems. Two of the patents in this lawsuit relate to WLAN switching architecture technology. Wireless Valley introduced the breakthrough concept of using a predictive design approach, a three dimensional representation of an environment, and site specific information in the design, implementation and management of wireless networks in and around buildings. Two of the patents in the lawsuit relate to WLAN site planning and RF management. The Companies are seeking a permanent injunction against Aruba's use of the patented technologies and monetary damages for infringing use. About Motorola Motorola is known around the world for innovation and leadership in wireless and broadband communications. Inspired by our vision of seamless mobility, the people of Motorola are committed to helping you connect simply and seamlessly to the people, information and entertainment that you want and need. We do this by designing and delivering "must have" products, "must do" experiences and powerful networks -- along with a full complement of support services. A Fortune 100 company with global presence and impact, Motorola had sales of US $42.8 billion in 2006. For more information about our company, our people and our innovations, please visit http://www.motorola.com. ### Media Contact: Ed Tan Motorola Enterprise Mobility business +1 408-421-5132 [email protected] MOTOROLA and the stylized M Logo are registered in the US Patent & Trademark Office. All other product or service names are the property of their respective owners. © Motorola, Inc. 2007. All rights reserved. © Copyright 1994-2008 Motorola, Inc. All rights reserved.

http://www.motorola.com/mediacenter/news/detailpf.jsp?globalObjectId=8610_8539_23

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Patent Attorney and Agent Detailed Information Case 1:07-cv-00519-JJF Document 54-5

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United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help

Boards & Counsel > OED > Patent Attorney/Agent Search > Search Results > Detailed Information

Last Name First Name Middle Name Suffix Firm Name Address City State/Province Postal Code Country Primary Telephone Registration Number Attorney/Agent Date Registered as Attorney

Frankenberger Glenn F Motorola, Inc. One Motorola Plaza M/S A-6 Holtsville NY 11742 US (631) 738-5570 41024 ATTORNEY 08/04/1997

Data extracted on Wed Jul 16 14:59:14 EDT 2008
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Last Modified: 07/16/2008 EST

https://oedci.uspto.gov/OEDCI/details.do?regisNum=41024

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XN THIE:UNITED STATES DISTRICT COURT
FOR TBT DISTRICT OF DELAWARE
SYMBOL TECHNOLOGIES, INC., a DeIaware corporation, and WIRELESS VALLEY COMMUNICATIONS, INC., a Delaware corporation,
PlaintiffsIComterclsaim Defendants,

1 1
3

1 1 1

C.A. No.07-5 19-JJF

1 1
ARUBA NETWORKS, NC., a Delaware corporation,
Defendan~Counterclairn Plaintiff.

1 1 1

JURY TRIAL DEMANDED

1

1

PLAINTIFFS' FlITIAL DISGLOS'CTRES
Pursumt to Fed. R. Civ. P.26(a)(2), Plaintiffs Symbol Technologies, hc. (Y3ymbo19') md Wireless Valley Comunications, Inc. ("WjreIess Valley7')(coIlectively, "Plaintiffsy')make

the foIlowing initial disclosure based on information reasonably available to PIaintiffs at this

time, Continuing investigation and discovery may alter these disclosures.
By making these disclosures,Plaintiffs do not represent that they are identifying every

document, tangible thing, or witness possibly relevant to this lawsuit. Nor do Plaintiffs waive
their rights to object to production of any document or tangible thing disclosed an the basis of
any privilege, the work product doc-trine, relevancy, undue burden or m y other valid objection.
Rather, Plaintiffs' disclosures represent a good faith effort to identify information they

reasonably believe are discovmble and which may be used to support their claims as required by Rule 26(a)(I).
Finally, P1aintiffsqdisclosures are made without waiving in any way: (I) the right to

object on the grounds of competency, privilege, relevancy and materiality, hearsay, or any other proper ground, to the use of any such information, .for any purpose, in whole or in part, in any

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subsequent proceedhg in this action or any other action; and (2) 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.

All of the following disclosures are made subject to the above objections and

qualifications.
A.

Individuals Likely To Have Discoverable Information Supporting Plaintiffs7Claims
Pursuant to Rule 2B(a)(l)(A), Plaintiffs identify the individuals Iisted below (other than

present or former employees or agents of Aruba Networks, Inc. or any related entity rAruba")). Plaintiffs do not give their consent for Aruba to contatt any inventor named on any of the
asserted patents, or any current or former employee of Symbol &or

Wireless Valley, including

each of those listed below. Any such contact should be made through Plaintiffs' cowsel.
1.

Theodore Rappaport Wireless Networking and Cormnunications Group (WNCG) University of Texas at Austin 1 University Station C0806 Austin, TX 7871 2-0240

M .Rappaport is likely to have discoverable information with respect to r the inventions claimed in U.S. Patent No. 6,625,454 rthe "454 Patent9') and No. 6,973,622 ("the '622 Patent").
2,

Roger Skidmore Motorola, Inc. 6500 River Place Blvd. River Place Corporate Park Building #7 Austin, TX 78730

Mr. Skidmore is IikeIy to have discoverab3e information with respect to the inventions claimed in the '454 and the '622 Patents.

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3.

Eric Reifsneider Motmla, Inc. 65 00 River Place Blvd. River Place Corporate Park Building #7 Austin, TX 78730

M .Reifsneider is likely to have discoverable information with respect to r
the invention claimed in the '454 Patent. 4.

Benjamin Hen@ 6271 Wild Swan Way Columbia, MD 2 1045
Mr. Henty is likely to have discoverable information with respect to the invention claimed in the '622 Patent.

5.

Robert Beach Motorola, Inc. 6480 Via Del Om Sm Jose, CA 95 119
Mr. Beach is likely to have discovemble infomation with respect to the inventions claimed in U.S. Patent No. 7,173,922 ("the'922 Patent") and No. 7,173,923 ('?he '923 Patent").

6.

SujdHajela Motorola, lnc. 6480 Via Del Oro San Jose, CA 951 19

Mr. Hajela is likely to have discoverable infomation with respect to Plaintiffs' marketing of, and competition with respect to, wireless local area network (WLAN) products.

7 .

James Welch Motorola, Inc. 1299 E Algonquin Road Schawnisurg, 11,601 96

Mr. Welch is likely to have discovmble information with respect to P1aintif'fs"mketing of, and competition with respect to, WLAN products.

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8.

$asan McGinIey Motorola, Inc. 6480 Via Del Oro San Jose, CA 95 1 19
Mr. McGinley is likely to have discoverable information relating to damages in connection with Plaintiffs' WLAN products.

9.

Jeffrey Valentino

Motorola, Inc. 1064 Greenwood Boulevard Suite 400 Lake Mary, FL 32746
Mr. Valentino is likely to have discoverable information relating to damages in connection with Plaintiffs' WLAN products.

B.

Relevant Documents
Pursuant to Rule 26(a)jl)(B), Plaintiffs identify the following categories of documents,

which they may use to support their claims or defenses, to the extent (1) such documents exist,
(2) are within Plaintiffs' possession, custody or control, and (3) are not privileged, Copies of

such documents will be made available at the Office of Plaintiffskounsel, 875 Third Ave., New York, NY 10022, or at such other place as counsel may indicate, and at a time to be agreed upon
among counsel. The production of documents by Plaintiffs is subject to the entry of an

appropriate protective order.

1.

Copies of the '454 Patent, the '622 Patent, the '922 Patent and the '923 Patent (collectively "the Patents-in-Suit"), and their respective file histories.

2.

Documents relating to infringement of the Patents-in-Suit by A d a .
Documents relating to the marking of Plaintiffs' WLAN products. Documents relating to Plaintiffs' damages resulting from Amba's infringement.

3.
4.

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C,

Damages

Pursuant to Rule 26(a)(I)(C), based on Plaintiffs' claims (as they exist today), Plaintiffs
have suffered damages resulting from Aruba's infringement in an amount not yet determined,
md will continue to suffer damages unless and until Aruba's infringing activities m enjoined by

the Court. Plaintiffs are seeking to recover such compensatory damages (including prejudgment
and past-judgment interest], as well as enhanced clamages, costs, expenses and reasonable

attorneys' fees, pursuant to 35 U.S .C. $$284 and 285.

D.

Experts

At this time, Plaintiffs Rave not retained experts to testify on their behalf in this action.

Plaintiffs foresee retaining one or more experts i fie technology at issue who may testify to n

issues of infringement and/or validity of the Patents-in-Suit, and one or more experts i the n
calculation of damages who may testify as to the amount of damages to be awarded in his

action. Plaintiffs will identify their experts and their opinions in accordance with tke Scheduling
Order in this action, dated May 9,2008, and Fed. R. Civ. P. 26(a)(2)(C).

E.

Insurance

Pursuant to Rule 26(a)( 1) D , ( l Plaintiffs are not aware of 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.

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POTTER ANDERSON & C O W O N LLP
By: /3/ David E*Moore
Eric J. Lobenfeld Ira J. Schaefer Lamnce Brocchini A m Chandra HOGAN & RARTSON L.L.P. 875 Third Avenue New York, New York 10022 (212) 92 8-3000
Dated May 23,2008

Richard L. Worwitz (#2246) David E. Moore (#3983$ Hercules Plaza, 6th Floor 1313 W. Market Street P.0.Box 951 Wihington, Delaware 1980 1 Tel: (302) 984-6000

rhomitz@wo#ermderson,com
Attor~aqs Psidy for ls~zs Symbo 1 Techmkogies, Inc. and Wireless Valley Communicatiom, Inc.

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CERTIFICATE OF SERVICE I, David E. Moore, hereby certify that on May 23,2008, 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:

VXA HAND DELIWRY & ELECTRONIC MA&
Frederick t.Cottrell, III Richards, byton & Finger One Rodney Square Wilmington, DE 19899 c~ttrell@~%f.corn
VIA ELECTRONIC MAU,

Mathew D. Powers Vernon M. Winters Brandon C,Conard Jason D.Kipnis Weil, Gotshd & Manges LLP Silicon Valley Office 201 Redwood Shores Parkway Redwood Shores, CA 94065 matthew.powers@,weil.com [email protected] [email protected] [email protected]

W icholas Groombridge
Paul E. Torchia Etai Lakav Wed, Gotshal & Manges LLP 767 Fifth Avenue New York, NY 10153 [email protected] paul.t~rchia@~weil.com etai,lahav@,weil.corn

/s/Dmid E M o r e David E Moore .