`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`MOBILEMEDIA IDEAS LLC,
`
`Civil Action No. 10-258-SLR
`
`Plaintiff,
`
`JURY TRIAL DEMANDED
`
`v.
`
`APPLE INC.,
`
`
`
`Defendant.
`
`STIPULATION
`
`WHEREAS, the patents now at issue in this action are U.S. Patent Nos. RE 39,231,
`
`6,393,430, and 6,725,155 (collectively, “Patents-in-Suit”);
`
`WHEREAS, Plaintiff MobileMedia Ideas LLC (“MobileMedia”) served a Notice of Rule
`
`30(b)(6) Deposition to Defendant Apple Inc. (“Apple”) dated December 18, 2015 that includes,
`
`among others, the following topics: “Knowledge of the Patents-in-Suit and/or any related
`
`patents, including the date(s), Persons involved and the circumstances surrounding Apple’s first
`
`awareness of any of the Patents-in-Suit and/or Related Patents” (Topic No. 8); “Apple’s
`
`knowledge of each Patent-in-Suit” (Topic No. 12); and “The facts and circumstances by which
`
`Apple was first notified, first acquired knowledge, or first became aware of each Patent-in-Suit,
`
`in any manner and irrespective of whether or not Apple considers such notice, knowledge, or
`
`awareness to have any legally binding effect, including the Date(s), Persons involved and the
`
`circumstances surrounding Apple’s first notice, knowledge or awareness of any of the Patents-in-
`
`Suit and/or related patents” (Topic No. 13) (collectively, “Current Rule 30(b)(6) Deposition
`
`Topics”);
`
`
`
`
`
`Case 1:10-cv-00258-SLR Document 609 Filed 01/19/16 Page 2 of 3 PageID #: 21855
`
`
`WHEREAS, on December 22, 2011, Apple produced a Rule 30(b)(6) witness, Patrick
`
`Murphy, who provided Rule 30(b)(6) testimony regarding, among other things, Apple’s first
`
`knowledge of all patents then at issue in this action, including the Patents-in-Suit;
`
`WHEREAS, the Parties have met and conferred regarding the Current Rule 30(b)(6)
`
`Topics and wish to avoid unnecessary time and expense associated with a second deposition on
`
`these topics;
`
`It is hereby STIPULATED AND AGREED, by and between the Parties, as follows:
`
`1.
`
`Only for purposes of this litigation, Apple stipulates that it first became aware of
`
`the Patents-in-Suit when it received the February 19, 2010 letter from Larry Horn on behalf of
`
`MobileMedia, produced as MMI-A_00000861, which listed the Patents-in-Suit. Upon receipt,
`
`this letter was forwarded to Apple’s in-house legal group.
`
`2.
`
`Apple denies that such awareness has any legally binding effect.
`
`
`
`2
`
`
`
`Case 1:10-cv-00258-SLR Document 609 Filed 01/19/16 Page 3 of 3 PageID #: 21856
`
`
`
`Dated: January 19, 2016
`
`
`
`MORRIS JAMES LLP
`
`
`
`
`
` /s/ Mary B. Matterer
`
`
`
`
`
`Richard K. Herrmann (No. 405)
`Mary B. Matterer (No. 2696)
`500 Delaware Avenue, Suite 1500
`Wilmington, Delaware 19801-1494
`(302) 888-6800
`rherrmann@morrisjames.com
`mmatterer@morrisjames.com
`
`O’MELVENY & MYERS LLP
`George A. Riley
`Luann L. Simmons
`Two Embarcadero Center, 28th Floor
`San Francisco, CA 94111-3823
`(415) 984-8700
`griley@omm.com
`lsimmons@omm.com
`
`Attorneys for Defendant Apple Inc.
`
`
`
`MORRIS, NICHOLS, ARSHT & TUNNELL
`LLP
`
` /s/ Jack B. Blumenfeld
`______________________________
`Jack B. Blumenfeld (#1014)
`Rodger D. Smith II (#3778)
`Jeremy A. Tigan (#5239)
`1201 N. Market Street
`P.O. Box 1347
`Wilmington, DE 19899-1347
`(302) 658-9200
`jblumenfeld@mnat.com
`rsmith@mnat.com
`jtigan@mnat.com
`
`PROSKAUER ROSE LLP
`Steven M. Bauer
`Justin T. Daniels
`Safraz W. Ishmael
`One International Place
`Boston, MA 02110-2600
`(617) 526-9600
`
`Kenneth Rubenstein
`Anthony C. Coles
`Alan Federbush
`Eleven Times Square
`New York, NY 10036
`
`Attorneys for Plaintiff MobileMedia Ideas LLC
`
`
`
`
`3
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