throbber
UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`Civil Action No.: 6:11-cv-00622
`
`Judge Leonard E. Davis
`
`JURY TRIAL DEMANDED
`
`Civil Action No.: 6:11-cv-00623
`
`Judge Leonard E. Davis
`
`JURY TRIAL DEMANDED
`
`Civil Action No.: 6:11-cv-00624
`
`Judge Leonard E. Davis
`
`JURY TRIAL DEMANDED
`
`)))))))))))))
`
`)))))))))))
`
`)))))))))))
`
`LEAD CASE:
`
`ROY-G-BIV Corporation,
`
`Plaintiff/Counterclaim-Defendant,
`
`v.
`
`ABB, Ltd., ABB Inc., MEADWESTVACO
`TEXAS, LP and MEADWESTVACO
`CORPORATION,
`
`Defendants/Counterclaim-Plaintiffs.
`
`ROY-G-BIV Corporation,
`
`Plaintiff,
`
`v.
`
`HONEYWELL INTERNATIONAL, INC.
`MOTIVA ENTERPRISES, LLC,
`
`Defendants.
`
`ROY-G-BIV Corporation,
`
`Plaintiff,
`
`v.
`
`SIEMENS CORP., et al.
`
`Defendants.
`
`ABB DEFENDANTS’ FIRST SUPPLEMENTAL INITIAL DISCLOSURES
`
`-1-
`
`

`
`Defendants ABB Inc., Meadwestvaco Texas, LP, and Meadwestvaco Corporation
`
`(collectively the “ABB Defendants”) make the following disclosures pursuant to Fed. R. Civ. P.
`
`26(a)(1). These first supplemental initial disclosures (“supplemental disclosures”) are based upon
`
`information reasonably available to the ABB Defendants as of September 18, 2013. They are
`
`made based on a reasonable investigation to date and prior to the close of discovery in the case.
`
`Continuing investigation and additional discovery may alter these supplemental disclosures. The
`
`ABB Defendants reserve their right to further supplement these disclosures under Fed. R. Civ. P.
`
`26(e).
`
`These supplemental disclosures should not be construed as a representation that no other
`
`persons have knowledge of relevant facts or that no other relevant documents exist. Further,
`
`they are not an admission that any particular information is discoverable, relevant, or admissible
`
`for any specific purpose. The ABB Defendants provide these supplemental disclosures, without
`
`waiver of any applicable privilege or immunity, based on present information and its present
`
`understanding. These supplemental disclosures are made without in any way waiving (1) the
`
`right to object on the grounds of competency, privilege, relevancy, materiality, hearsay, or any
`
`other proper ground, or the use of any such information for any purpose, in whole or in part, in
`
`any subsequent proceeding in this action or in 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 supplemental disclosures.
`
`A.
`
`The Correct Names Of The Parties To The Lawsuit
`
`Plaintiff:
`
`ROY-G-BIV Corporation
`
`Defendants:
`
`- 2 -
`
`

`
`ABB Inc., MeadWestvaco Texas, LP, and MeadWestvaco Corporation; ABB Ltd. was
`
`dismissed on December 28, 2012 (Doc. 110)
`
`B.
`
`The Name, Address, And Telephone Number Of Any Potential Parties
`
`At this time, the ABB Defendants are not aware of any potential parties to this lawsuit
`
`but are continuing to investigate whether other parties should be added.
`
`C.
`
`The Legal Theories And, In General, The Factual Bases Of The Disclosing Party’s
`Claims
`
`The legal theories and factual bases of the ABB Defendants’ claims and defenses can be
`
`found in the ABB Defendants’ First Amended Answer, Affirmative Defenses, and
`
`Counterclaims (“Amended Answer”) (Doc. 138)..
`
`In its Second Amended Complaint (Doc. 74), as amended, Plaintiff ROY-G-BIV
`
`Corporation (“Plaintiff”) alleges that the ABB Defendants directly and indirectly infringe U.S.
`
`Patent Nos. 6,513,058, 6,516,236, 8,073,557, and 6,941,543 (the “Patents in Suit”). Plaintiff
`
`states in its P.R. 3-1 disclosures that:
`
`“Accused Instrumentalities” means Industrial System 800xA Systems…systems
`incorporating an Industrial System 800xA Server, an Industrial System 800xA
`Application Program,
`a plurality of
`Industrial System 800xA Drivers,
`and…Industrial System 800xA Hardware…the software marketed by ABB as the
`“Connectivity Server” and/or the “Real Time Database” and any software
`implementing the same or similar functionality to that disclosed for Industrial
`System 800xA Servers[ ].
`
`The ABB Defendants deny that they infringe any valid claim of the Patents in Suit, either
`
`directly, by contribution, or by inducement. None of the ABB products or the combination
`
`thereof identified above include, literally or equivalently, the limitations of any valid claim of the
`
`Patents in Suit.
`
`As stated in its Amended Answer, the ABB Defendants state that the Patents in Suit and
`
`the asserted claims are invalid under 35 U.S.C. §§ 101, 102, 103, and/or 112. For example, the
`
`- 3 -
`
`

`
`prior art anticipates and renders obvious the asserted claims of the Patents in Suit. Additionally,
`
`the Patents in Suit fail to enable or describe the claimed subject matter, and some of the asserted
`
`claims are also indefinite and/or directed to non-statutory subject matter. The ABB Defendants
`
`have provided further information about its invalidity contentions under 35 U.S.C. §§ 101, 102
`
`and 103 and the prior art, as well as under § 112, in its P.R. 3-3 and 3-4 disclosures, as well as its
`
`briefs and other litigation papers filed in relation to the court’s Markman hearing and its motion
`
`for summary judgment of indefiniteness. The ABB Defendants will provide further information
`
`about its invalidity contentions as the case progresses and as it takes additional discovery.
`
`Plaintiff is not entitled to damages because the ABB Defendants have not infringed any
`
`of the Patents in Suit. Additionally, Plaintiff has failed to allege or show compliance with
`
`35 U.S.C. § 287. As a result, Plaintiff is not entitled to damages prior to the filing of suit.
`
`Plaintiff also is not entitled to injunctive relief because Plaintiff cannot show a likelihood of
`
`success on the merits (e.g., the ABB Defendants have not infringed any of the Patents in Suit)
`
`and, in all events, Plaintiff cannot show that money damages are inadequate to compensate
`
`Plaintiff for the ABB Defendants’ alleged infringement, that Plaintiff has been irreparably
`
`harmed by the ABB Defendants’ alleged infringement, that the balance of hardships favor
`
`Plaintiff, or that the public interest favors injunctive relief against the ABB Defendants.
`
`The ABB Defendants incorporate herein the defenses alleged by the other defendants in
`
`this case and other cases involving the Patents in Suit, including those raised in the P.R. 3-3 and
`
`3-4 disclosures. The ABB Defendants reserve the right to supplement, modify, or add to this
`
`disclosure as discovery proceeds.
`
`- 4 -
`
`

`
`D.
`
`The Name, Address, And Telephone Number Of Persons Having Knowledge Of
`Relevant Facts, A Brief Statement Of Each Identified Person’s Connection With
`The Case, And A Brief, Fair Summary Of The Substance Of The Information
`Known By Such Person
`
`Name
`
`Contact Information
`
`David W. Brown
`Jay S. Clark
`Michael Schacht
`
`Richard Black
`
`Joel Ard
`
`Stuart Goodnick
`
`Bingen, WA
`Bingen, WA
`Schacht Law Office, Inc.
`ROY-G-BIV Corp.
`2801 Meridian St., Ste. 202
`Bellingham, WA
`Schacht Law Office, Inc.
`ROY-G-BIV Corp.
`2801 Meridian St., Ste. 202
`Bellingham, WA
`Schacht Law Office, Inc.
`ROY-G-BIV Corp.
`2801 Meridian St., Ste. 202
`Bellingham, WA
`Lowe Graham Jones, PLLC
`701 Fifth Ave, Ste. 4800
`Seattle, WA 98104
`Parker Hannifan
`Corporation
`Compumotor Div.
`5500 Rohnert Park, CA
`94928
`
`Mark McClung
`
`former Parker Hannifan
`Corporation employee
`
`Parker Hannifan
`Corporation
`
`6035 Parkland Boulevard
`Cleveland, OH 44124
`
`Connection with the Case and Summary of
`Relevant Knowledge
`Inventor of the Patents in Suit.
`Inventor of the Patents in Suit.
`Attorney who prosecuted the Patents in Suit.
`
`Attorney who prosecuted U.S. Patent No.
`8,073,557 (one of the Patents in Suite) and
`business advisor to Plaintiff.
`
`Attorney who prosecuted U.S. Patent No.
`8,073,557 (one of the Patents in Suit).
`
`Attorneys who prosecuted the reexamination of
`U.S. Patent No. 6,516,236 (one of the Patents in
`Suit).
`Mr. Goodnick may have knowledge concerning
`the conception of the subject matter disclosed in
`the Patents in Suit and knowledge concerning the
`design, development, manufacture, operation,
`marketing and/or sales of one or more prior art
`Parker systems, including Motion Toolbox and
`Motion Architect.
`Mr. McClung may have knowledge concerning
`the conception of the subject matter disclosed in
`the Patents in Suit and knowledge concerning the
`design, development, manufacture, operation,
`marketing and/or sales of one or more prior art
`Parker systems, including Motion Toolbox and
`Motion Architect.
`One or more present or former employees of
`Parker Hannifan Corporation may have
`knowledge concerning the subject matter
`disclosed in the Patents in Suit and knowledge
`concerning the design, development, manufacture,
`operation, marketing and/or sales of one or more
`prior art Parker systems, including Motion
`Toolbox and Motion Architect.
`
`- 5 -
`
`

`
`Scott Bean
`
`11097 Arroyo Beach Pl.
`SW
`Seattle, WA 98146
`
`Dudley Thomas
`
`former ABB Inc employee
`
`Randy Niemeyer
`
`Drew Moran
`
`Ted Kemp
`
`Ron Dennis
`
`Keith Fox
`
`ABB Inc.
`579 Executive Campus Dr.
`Westerville, OH 43082
`
`ABB Inc.
`579 Executive Campus Dr.
`Westerville, OH 43082
`
`ABB Inc.
`1955 Evergreen Blvd
`Suite 100
`Duluth, GA 30096
`ABB Inc.
`579 Executive Campus Dr.
`Westerville, OH 43082
`ABB Inc.
`1250 Brown Road
`Auburn Hills, MI 48326
`
`Nick Hunt
`
`ABB Inc.
`1250 Brown Road
`Auburn Hills, MI 48326
`
`Srinivas Nidamarthi ABB Inc.
`1250 Brown Road
`Auburn Hills, MI 48326
`
`Dragoslav Kosta
`Milojevic
`
`former ABB Inc. employee
`
`Mr. Bean may have knowledge concerning the
`conception of the subject matter disclosed in the
`Patents in Suit; prior art; Plaintiff’s corporate
`history; Plaintiff’s business model and marketing;
`interactions between Plaintiff and the OPC
`Foundation; and facts and circumstances
`concerning the assertion of the Patents in Suit.
`Former Account Manager, Pulp & Paper. Mr.
`Thomas may have knowledge concerning ABB
`equipment installed at Meadwestvaco.
`Director NA Pulp & Paper Project Operations,.
`Mr. Niemeyer may have knowledge concerning
`ABB equipment installed at Meadwestvaco and
`Pulp & Paper projects generally.
`US Pulp & Paper Engineering Manager. Mr.
`Moran may have knowledge concerning ABB
`equipment installed at Meadwestvaco and Pulp &
`Paper projects generally.
`Project Manager, Pulp & Paper. Mr. Kemp may
`have knowledge concerning ABB equipment
`installed at Meadwestvaco.
`
`Project Engineer, Pulp & Paper. Mr. Dennis may
`have knowledge concerning ABB equipment
`installed at Meadwestvaco.
`Vice President, Robots & Applications, DMRO.
`Mr. Fox may have knowledge concerning the
`design, development, manufacture, operation,
`marketing and/or sales, if any, of one or more of
`the accused products. In particular, Mr. Fox may
`have knowledge concerning IRC5 applications.
`Technology Leader, Robotics. Mr. Hunt may
`have knowledge concerning the design,
`development, manufacture, operation, marketing,
`and/or sales, if any, of one or more of the accused
`products.
`Technology Manager, Robotics. Mr. Nidamarthi
`may have knowledge concerning the design,
`development, manufacture, operation, marketing,
`and/or sales, if any, of one or more of the accused
`products.
`Former Manager of Research & Development,
`Robotics, NA. Mr. Milojevic may have
`knowledge concerning the design, development,
`manufacture, operation, marketing, and/or sales, if
`
`- 6 -
`
`

`
`Kevin Stack
`
`ABB Inc.
`29801 Euclid Ave.
`Wickliffe, OH 44092
`
`Patrick Weckerly
`
`Inderphal Dhillon
`
`ABB Inc.
`29801 Euclid Ave.
`Wickliffe, OH 44092
`
`ABB Inc.
`29801 Euclid Ave.
`Wickliffe, OH 44092
`
`J. Ruhe
`
`ABB Inc.
`29801 Euclid Ave.
`Wickliffe, OH 44092
`
`Jeff Harding
`
`ABB Inc.
`940 Main Campus Drive
`Raleigh, NC 27606
`
`Aaron Strupp
`
`Jeff Vasel
`
`ABB Inc.
`29801 Euclid Ave.
`Wickliffe, OH 44092
`
`ABB Inc.
`579 Executive Campus Dr.
`Westerville, OH 43082
`
`- 7 -
`
`any, of one or more of the accused products.
`US R&D Manager, PSPG. Mr. Stack may have
`knowledge concerning the design, development,
`manufacture, operation, marketing, and/or sales, if
`any, of one or more of the accused products. Mr.
`Stack may have knowledge concerning the
`design, development, and operation of the prior
`art Infi90/Net90 sytem.
`800xA Software Development Manager, PSPG.
`Mr. Weckerly may have knowledge concerning
`the design, development, manufacture, operation,
`marketing, and/or sales, if any, of one or more of
`the accused products.
`Manager, PACT Oil & Gas. Mr. Dhillon may
`have knowledge concerning the design,
`development, manufacture, operation, marketing,
`and/or sales, if any, of one or more of the accused
`products, as well as Oil & Gas projects generally.
`Mr. Dhillon may have knowledge concerning the
`design, development, and operation of the prior
`art Infi90/Net90 sytem.
`NAM Director of Product Mgmt, PSPG. Mr.
`Ruhe may have knowledge concerning the design,
`development, manufacture, operation, marketing,
`and/or sales, if any, of one or more of the accused
`products. Mr. Ruhe may have knowledge
`concerning the design, development, and
`operation of the prior art Infi90/Net90 sytem.
`Decathlon System Architect, Process
`Automation. Mr. Harding may have knowledge
`concerning the design, development, manufacture,
`operation, marketing, and/or sales, if any, of one
`or more of the accused products. Mr. Harding
`may have knowledge concerning the OPC
`specification and the OPC Foundation. Mr.
`Harding may have knowledge concerning the
`design, development, and operation of the prior
`art Infi90/Net90 sytem.
`NAM Sales Manager, PACT. Mr. Strupp may
`have knowledge concerning marketing,
`forecasting, and sales information, if any, of one
`or more of the accused products.
`NAM Internal BU Sales Manager, PACT. Mr.
`Vasel may have knowledge concerning
`marketing, forecasting, and sales information, if
`
`

`
`Todd Weber
`
`Dave Rolnicki
`
`James Kline
`
`Michael Dimarco
`
`Mike Heatherman
`
`Kalyan Gokhale
`
`Cliff Cole
`
`ABB Inc.
`29801 Euclid Ave.
`Wickliffe, OH 44092
`ABB Inc.
`29801 Euclid Ave.
`Wickliffe, OH 44092
`
`ABB Inc.
`29801 Euclid Ave.
`Wickliffe, OH 44092
`
`ABB Inc.
`29801 Euclid Ave.
`Wickliffe, OH 44092
`
`ABB Inc.
`29801 Euclid Ave.
`Wickliffe, OH 44092
`
`ABB Inc.
`16250 West Glendale Dr.
`New Berlin, WI 53151
`
`ABB Inc.
`16250 West Glendale Dr.
`New Berlin, WI 53151
`
`Steven Weingarth
`
`ABB Inc.
`16250 West Glendale Dr.
`New Berlin, WI 53151
`
`Keith Fox
`
`ABB Inc.
`1250 Brown Road
`Auburn Hills, MI 48326
`
`any, of one or more of the accused products.
`IS Manager. Mr. Weber may have knowledge
`concerning ABB’s SAP systems and business
`process/financials.
`IS Manager. Mr. Rolnicki may have knowledge
`concerning sales and/or licensing information of
`the accused products. In particular, Mr. Rolnicki
`may have information concerning ABB’s “SoFa”
`licensing system. Mr. Rolnicki may have
`knowledge concerning the design, development,
`and operation of the prior art Infi90/Net90 sytem.
`Product Manager, Process Automation. Mr.
`Kline may have knowledge concerning the
`design, development, manufacture, operation,
`marketing, and/or sales, if any, of one or more of
`the accused products.
`Product Manager, Process Automation. Mr.
`Dimarco may have knowledge concerning the
`design, development, manufacture, operation,
`marketing, and/or sales, if any, of one or more of
`the accused products.
`Vice President, Control Technologies. Mr.
`Heatherman may have knowledge concerning
`concerning the design, development, manufacture,
`operation, marketing, and/or sales, if any, of one
`or more of the accused products.
`Technology Specialist, Low Voltage Drives.
`Mr. Gokhale may have knowledge concerning the
`design, development, manufacture, operation,
`marketing, and/or sales, if any, of one or more of
`the accused products.
`Product Portfolio Manager, Low Voltage Drives.
`Mr. Cole may have knowledge concerning the
`design, development, manufacture, operation,
`marketing, and/or sales, if any, of one or more of
`the accused products.
`Director of Application Engineering, Low
`Voltage Drives. Mr. Weingarth may have
`knowledge concerning the design, development,
`manufacture, operation, marketing, and/or sales, if
`any, of one or more of the accused products.
`Vice President, Robots and Applications. Mr.
`Fox may have knowledge concerning the design,
`development, manufacture, operation, marketing,
`and/or sales, if any, of one or more of the accused
`
`- 8 -
`
`

`
`Chris Stamas
`
`ABB Inc.
`16250 West Glendale Dr.
`New Berlin, WI 53151
`
`Jim Rege
`
`ABB Inc.
`29801 Euclid Ave.
`Wickliffe, OH 44092
`
`Ariela Hrepic
`
`ABB Inc.
`29801 Euclid Ave.
`Wickliffe, OH 44092
`
`Thomas Pauly
`
`Mats A Pettersson
`
`Steve Murphy
`
`Kari Ranta
`
`ABB AB
`Tvärleden 2
`Bnr 357
`721 59
`Vesteras, Sweden
`ABB AB
`Tvärleden 2
`Bnr 357
`721 59
`Vesteras, Sweden
`ABB AB
`Hydrovägen 10
`Bnr 331
`721 68
`Vesteras, Sweden
`ABB Oy
`Hiomotie 13
`Helsinki 00380
`Finland
`
`Joergen T.
`
`ABB A/S
`
`- 9 -
`
`products.
`Product Manager, Servo Motion and PLCs. Mr.
`Stamas may have knowledge concerning the
`design, development, manufacture, operation,
`marketing, and/or sales, if any, of one or more of
`the accused products.
`Engineering Manager, PACT NAM Oil & Gas.
`Mr. Rege may have knowledge concerning the
`design, development, manufacture, operation,
`marketing and/or sales, if any, of one or more of
`the accused products. Mr. Rege may have
`information concerning PACT Oil & Gas projects
`generally. Mr. Rege may have knowledge
`concerning the design, development, and
`operation of the prior art Infi90/Net90 sytem.
`Director of Engineering, PSPG NAM. Ms.
`Hrepic may have knowledge concerning the
`design, development, manufacture, operation,
`marketing and/or sales, if any, of one or more of
`the accused products. Ms. Hrepic may have
`information concerning PSPG projects generally.
`Ms. Hrepic may have knowledge concerning the
`design, development, and operation of the prior
`art Infi90/Net90 sytem.
`Corporate Executive Engineer, Process
`Automation. Mr. Pauly may have knowledge
`concerning the design, development, manufacture,
`operation, marketing, and/or sales, if any, of one
`or more of the accused products.
`Head of Product Development, PACT. Mr.
`Pettersson may have knowledge concerning the
`design, development, manufacture, operation,
`marketing, and/or sales, if any, of one or more of
`the accused products.
`Global Architect, Robotics. Mr. Murphy may
`have knowledge concerning the design,
`development, manufacture, operation, marketing,
`and/or sales, if any, of one or more of the accused
`products.
`Manager of Research & Development. Drives
`and Controls. Mr. Ranta may have knowledge
`concerning the design, development, manufacture,
`operation, marketing, and/or sales, if any, of one
`or more of the accused products.
`Engineering Manager Mr. Jorgensen may have
`
`

`
`Joergensen
`
`Peter Bonde
`
`Meadwestvaco
`
`ABB AB
`
`ABB Oy
`
`ABB AG
`
`ABB A/S
`
`knowledge concerning a proposed sale of XMC
`OPC servers in or around 2002.
`
`Vasteras
`721 83
`Sweden
`
`Emil Neckelmanns Vej 14
`Odense SO 5220
`Denmark
`former ABB A/S employee Mr. Bonde may have knowledge concerning a
`proposed sale of XMC OPC servers in or around
`2002.
`One or more present or former employees of
`Meadwestvaco may have knowledge concerning
`ABB equipment installed at Meadwestvaco.
`One or more present or former employees of
`ABB AB may have knowledge concerning the
`design, development, manufacture, operation,
`marketing, and/or sales, if any, of the accused
`products.
`One or more present or former employees of
`ABB Oy may have knowledge concerning the
`design, development, manufacture, operation,
`marketing, and/or sales, if any, of the accused
`products.
`One or more present or former employees of
`ABB AG or one or more of its subsidiaries may
`have knowledge concerning the design,
`development, manufacture, operation, marketing,
`and/or sales, if any, of the accused products.
`One or more present or former employees of
`ABB A/S may have knowledge concerning Roy G
`Biv or an XMC product. In particular, one or
`more past or present employees may have
`knowledge concerning a proposed sale of XMC
`OPC servers in or around 2002.
`
`Strombergintie 1
`Helsinki
`00380
`Finland
`
`Kallstadter Str. 1
`Mannheim
`68309
`Germany
`
`Meterbuen 33
`Skovlunde 2740
`Denmark
`
`All persons presently or formerly associated with Meadwestvaco or with any ABB
`
`company should be contacted through the ABB Defendants’ attorneys, Squire Sanders (US) LLP
`
`at:
`
`Squire Sanders (US) LLP
`4900 Key Tower
`127 Public Square
`Cleveland, Ohio 44114
`(216) 479-8500
`
`- 10 -
`
`

`
`In addition to the above-listed individuals, there may be additional present or former
`
`employees, consultants, attorneys,
`
`investors,
`
`shareholders, and agents of ROY-G-BIV
`
`Corporation, ABB, the OPC Foundation, or Meadwestvaco who have additional information
`
`relevant to the claims and defenses asserted in this case. For example, persons whose names
`
`appear in documents produced or to be produced by the parties may have knowledge of relevant
`
`facts. The ABB Defendants may seek information from such persons to support its claims and
`
`defenses.
`
`Additionally, the ABB Defendants will produce prior art that identifies authors and other
`
`individuals who may have knowledge relevant to the issues in this case and upon whom the ABB
`
`Defendants may rely.
`
`Other individuals not specifically known to the ABB Defendants at this time may have
`
`knowledge of facts relevant
`
`to the claims or defenses of any party and/or discoverable
`
`information that the ABB Defendants may rely on to support its claims or defenses, including
`
`information related to the non-infringement, invalidity and/or unenforceability of the Patents in
`
`Suit. Such individuals may include, but are not limited to: (a) authors of prior art publications
`
`and patents relevant to the subject matter of the Patents in Suit; (b) individuals having knowledge
`
`of any prior art use, disclosure, sale, offer to sell or invention relevant to the subject matter of the
`
`Patents in Suit; (c) individuals having knowledge of the level of ordinary skill in the art to which
`
`the alleged inventions pertain; (d) individuals having knowledge of any license to the Patents in
`
`Suit, any offer to license the patents-in-suit, or any refusal to license the Patents in Suit; (e)
`
`individuals having knowledge of the circumstances or manner in which the alleged inventions in
`
`the Patents in Suit were conceived, reduced to practice, or patented; (f) individuals having
`
`knowledge of the ownership or rights in the Patents in Suit/or the subject matter of the Patents in
`
`- 11 -
`
`

`
`Suit; (g) individuals involved in the prosecution or reexamination of one or more of the Patents
`
`in Suit; and (h) individuals listed in the initial disclosures of Plaintiff or any of the co-defendants
`
`in this case.
`
`E.
`
`Any Indemnity And Insuring Agreements Under Which Any Person Or Entity May
`Be Liable To Satisfy Part Or All Of A Judgment Entered In This Action Or To
`Indemnify Or Reimburse For Payments Made To Satisfy The Judgment
`
`At this time, the ABB Defendants are not aware of any applicable indemnity or insuring
`
`agreements under which another entity or insurance business may be liable to satisfy all or part
`
`of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy
`
`the judgment.
`
`F.
`
`Any Settlement Agreements Relevant To The Subject Matter Of This Action
`
`The ABB Defendants are not aware of any settlement agreements relevant to the subject
`
`matter of this action.
`
`G.
`
`Any Statement Of Any Party To The Litigation
`
`The ABB Defendants are not aware of any statement of any party to this litigation
`
`requiring disclosure under this section.
`
`DATED: September 18, 2013
`
`Of Counsel:
`
`Jeffrey M Young (PHV)
`jeffyoung@us.abb.com
`ABB Inc.
`940 Main Campus Drive
`Raleigh, NC 27604
`(919) 856-2514
`
`Paul R. Katterle (PHV)
`paul.katterle@us.abb.com
`Robert P Nupp (PHV)
`robert.p.nupp@us.abb.com
`ABB Inc. - Ohio
`29801 Euclid Avenue
`
`/s/ Steven M. Auvil
`Steven M. Auvil Ohio Bar No. 0063827
`(Admitted E.D. Texas)
`steven.auvil@squiresanders.com
`Bryan J. Jaketic (PHV)
`bryan.jaketic@squiresanders.com
`Jeremy Dutra (PHV)
`jeremy.dutra@squiresanders.com
`John J. Thuermer (Ohio Bar No. 0087638)
`(Admitted E.D. Texas)
`john.thuermer@squiresanders.com
`SQUIRE SANDERS (US) LLP
`4900 Key Tower
`127 Public Square
`Cleveland, OH 44114
`Telephone: (216) 479-8500
`Facsimile: (216) 479-8780
`
`- 12 -
`
`

`
`Wickliffe, OH 44092
`(440) 585-7826
`
`Michael E. Jones (Texas Bar No. 10929400)
`mikejones@potterminton.com
`Allen F. Gardner (Texas Bar No. 24043679)
`allengardner@potterminton.com
`POTTER MINTON
`A Professional Corporation
`110 N. College Ave., Suite 500 (75702)
`P. O. Box 359
`Tyler, Texas 75710
`Telephone: (903) 597-8311
`Facsimile: (903) 593-0846
`
`Attorneys for Defendants
`ABB INC., MeadWestvaco Corp., and
`MeadWestvaco Texas, LLP
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing document was served on
`
`counsel on the agreed service list by e-mail on September 18, 2013.
`
`/s/ Steven M. Auvil
`
`- 13 -

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