UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`Case No. 2:11-CV-30-MHS-CMC
`
`Judge: Hon. Michael H. Schneider
`
`
`
`
`
`C-CATION TECHNOLOGIES, LLC,
`
`Plaintiff,
`
`v.
`
`COMCAST CORPORATION, CHARTER
`COMMUNICATIONS, INC., CEQUEL
`COMMUNICATIONS, LLC dba
`SUDDENLINK COMMUNICATIONS,
`CABLE ONE, INC., ALMEGA CABLE INC.,
`LONGVIEW CABLE TELEVISION
`COMPANY, INC., AND KILGORE VIDEO,
`INC.,
`
`
`
`
`
`Defendants.
`
`DEFENDANT COMCAST CABLE’S SUPPLEMENTAL INITIAL DISCLOSURES
`PURSUANT TO FED. R. CIV. P. 26(a)(1)
`Pursuant to Federal Rules of Civil Procedure 26(a)(1) and 26(e)(1), and to the Court’s
`
`October 3, 2012 Scheduling and Discovery Order (Dkt. No. 145), Defendants Comcast Cable
`
`Communications, LLC and Comcast of Houston, LLC (collectively, “Comcast Cable”), by and
`
`through undersigned counsel, make the following supplemental initial disclosures based on
`
`information reasonably available to Comcast Cable as of this date. Comcast Cable reserves the
`
`right to supplement and modify these disclosures as it obtains information through discovery or
`
`otherwise and becomes aware of additional individuals, documents, data compilations, or
`
`tangible things that may contain discoverable information. Comcast Cable further reserves the
`
`right to object to the use of the disclosures herein on the grounds of relevancy, competency,
`
`materiality, admissibility, hearsay, or for any other reason. Further, Comcast Cable provides
`
`these disclosures without waiving any applicable privilege, including but not limited to the
`
`attorney-client privilege and work product immunity.
`
`By making these initial disclosures, Comcast Cable does not represent that it has
`
`identified every witness, document, data compilation, or other tangible thing that it may use to
`
`support its claims or defenses to anticipated counterclaims. Rather, these disclosures represent a
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`good faith effort by Comcast Cable to identify information currently available to it that falls
`
`within the scope of Rule 26(a)(1). Accordingly, these disclosures do not include information that
`
`may be used solely for impeachment purposes. Moreover, discovery is still proceeding in this
`
`action. Comcast Cable’s disclosures are therefore made with the understanding that Comcast
`
`Cable does not yet know, and cannot anticipate, all of the positions that it or C-Cation Tech may
`
`take in this dispute.
`
`These initial disclosures are organized to correspond to the general categories set forth in
`
`the Court’s Scheduling and Discovery Order and Rule 26(a)(1). All of the disclosures set forth
`
`below are made subject to the above reservations and qualifications. Comcast Cable will
`
`supplement these initial disclosures as necessary.
`
`A.
`
`The correct names of the parties to the lawsuit.
`Comcast Cable Communications, LLC and Comcast of Houston, LLC are operating
`
`subsidiaries of Comcast Corporation that have been named as defendants to this lawsuit by
`
`Plaintiff C-Cation Technologies, LLC (“C-Cation”). Comcast Cable lacks sufficient knowledge
`
`or information to determine whether the names used in the parties’ pleadings to refer to other
`
`parties to this lawsuit are correct.
`
`B.
`
`The name, address, and telephone number of any potential parties.
`Comcast Cable is aware of the following potential parties:
`
`
`
`Name
`
`Alexander L. Cheng
`
`C-cation, Inc.
`(Delaware
`Corporation)
`C-cation, Inc.
`(New York
`Corporation)
`
`Last Known Address and
`Telephone Number
`11 Hidden Glen Road
`Scarsdale, NY 10583
`150 Purchase Street, Suite 9
`Rye, NY 10580
`(914) 921-2600
`150 Purchase Street, Suite 9
`Rye, NY 10580
`(914) 921-2600
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`C.
`
`The legal theories and, in general, the factual bases of the disclosing party’s claims
`or defenses (the disclosing party need not marshal all evidence that may be offered
`at trial).
`Non-infringement
`
`Comcast Cable has not directly or indirectly infringed, contributed to the infringement of,
`
`or induced the infringement of the asserted claims of U.S. Patent No. 5,563,883 (“the ’883
`
`patent”), and is not liable for any such infringement alleged by C-Cation.
`
`Invalidity
`
`The ’883 patent and the asserted claims are invalid and/or void for failure to meet the
`
`conditions for patentability set forth in 35 U.S.C. §§ 101 et seq., and more particularly, fail to
`
`comply with the requirements of 35 U.S.C. §§ 101, 102, 103, 112 and/or 116, or are invalid
`
`pursuant to the judicial doctrine barring double-patenting.
`
`Prosecution History Estoppel/Dedication to the Public
`
`C-Cation’s claims of infringement of the ’883 patent are barred under the doctrine of
`
`prosecution history estoppel and/or other limits on the doctrine of equivalents, including without
`
`limitation dedication to the public of all methods, systems, apparatuses, and/or products
`
`disclosed in the ’883 patent but not literally claimed therein.
`
`Laches
`
`The relief sought by C-Cation is barred in whole or in part by the doctrine of laches
`
`because it delayed filing suit for an unreasonable and inexcusable length of time after it knew or
`
`reasonably should have known of its claims against Comcast Cable, causing prejudice to
`
`Comcast Cable.
`
`Equitable Estoppel
`
`C-Cation and its alter egos engaged in misleading conduct, leading Comcast Cable to
`
`reasonably believe that C-Cation did not intend to enforce the ’883 patent against Comcast
`
`Cable, that Comcast Cable did not infringe the ’883 patent, and/or that Comcast Cable was
`
`licensed, immunized, and/or released from liability under the ’883 patent. Comcast Cable relied
`
`on such misleading conduct and will be materially prejudiced if C-Cation is allowed to proceed
`
`with its claim(s).
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`License
`
`The relief sought by C-Cation with respect to the ’883 patent is barred in whole or in part
`
`by the existence of an express and/or implied license. C-Cation and its alter egos previously
`
`licensed and/or otherwise authorized or granted immunity to Comcast Cable with respect to the
`
`accused systems and products.
`
`Patent Exhaustion
`
`To the extent the alleged infringement of the ’883 patent is based in whole or in part on
`
`the actions of any party licensed and/or otherwise authorized to practice claims of the ’883
`
`patent, the relief sought by C-Cation is barred under the doctrine of patent exhaustion.
`
`Marking and Notice
`
`C-Cation is barred in whole or in part from receiving damages for alleged infringement of
`
`the ’883 patent by its failure to comply with the marking and/or notice requirements of 35 U.S.C.
`
`§ 287.
`
`Lack of Standing/Insufficient Proof of Ownership
`
`To the extent C-Cation does not hold all substantial rights in the ’883 patent, it lacks
`
`standing to assert its claims of alleged infringement of the ’883 patent. Additionally, C-Cation
`
`has failed to provide adequate evidence of ownership of the ’883 patent.
`
`Ineligibility for Equitable Relief
`
`C-Cation is barred from obtaining any equitable relief from Comcast Cable because any
`
`alleged injury to it is neither immediate nor irreparable, C-Cation has an adequate remedy at law,
`
`and granting equitable relief would not be in the public interest.
`
`Patent Unenforceability
`
`The ’883 patent is unenforceable against Comcast Cable because C-Cation and its alter
`
`egos engaged in fraudulent and/or inequitable conduct by, among other things, improperly
`
`reviving the ’883 patent after failing to pay maintenance fees to the United States Patent Office
`
`and abandoning the ’883 patent.
`
`Fraud
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`C-Cation and its alter egos engaged in fraudulent conduct by knowingly leading Comcast
`
`Cable to reasonably believe that C-Cation did not intend to enforce the ’883 patent against
`
`Comcast Cable, and/or that Comcast Cable was licensed, immunized, and/or released from any
`
`liability under the ’883 patent. Comcast Cable reasonably relied upon and suffered damages as a
`
`result of such fraudulent conduct by C-Cation and its alter egos.
`
`D.
`
`The name, address, and telephone number of persons having knowledge of relevant
`facts, a brief statement of each person’s connection with the case, and a brief, fair
`summary of the substance of the information known by such person.
`Pursuant to the Court’s Scheduling and Discovery Order and to Rule 26(a)(1)(A)(i),
`
`Comcast Cable identifies the following individuals and entities:
`
`
`
`Name
`
`Alexander L. Cheng
`
`
`Last Known Address and
`Telephone Number
`11 Hidden Glen Road
`Scarsdale, NY 10583
`
`
`Aldo Vitagliano
`
`150 Purchase Street, Suite 9
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`Connection with the Case and
`Substance of Information Known
`Named inventor of the ’883 patent;
`Inventorship, research, development,
`conception, reduction to practice,
`prototyping, testing and test trials,
`and demonstration of the alleged
`inventions described and claimed in
`the patent-in-suit and related
`applications and patents; prior art
`and related subject matter, including
`breadth and scope of disclosure
`during prosecution; invalidity and
`unenforceability of the patent-in-suit;
`foreign patents, patent applications,
`and filings; ownership and control of
`the patent-in-suit and related patents;
`ownership, control, operations, and
`finances of C-cation, Inc. (NY and
`Delaware entities) (collectively “C-
`cation”), C-Cation Tech, and any and
`all joint ventures to which C-cation
`was a party (including ZSCT and
`RenTech); activities in China relating
`to the patent-in-suit; prior litigation,
`settlement negotiations, and terms of
`the settlement agreement; licensing,
`strategic alliances, consulting
`relationships, investor relations and
`solicitation, preparation of business
`plans, and related negotiations
`regarding the patent-in-suit and
`related patents
`Member of C-Cation, shareholder of
`
`
`
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`

`Name
`
`
`
`Last Known Address and
`Telephone Number
`Rye, NY 10580
`(914) 921-2600
`
`Angelo Guglielmo
`
`
`150 Purchase Street, Suite 9
`Rye, NY 10580
`(914) 921-2600
`
`Ronald C. Quigley
`
`
`150 Purchase Street, Suite 9
`Rye, NY 10580
`(914) 921-2600
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`Connection with the Case and
`Substance of Information Known
`C-cation, Inc. (Delaware), and owner
`of rights in and to the ’883 patent;
`Prototyping, testing, and
`demonstration of the alleged
`inventions described and claimed in
`the patent-in-suit and related
`applications and patents; ownership
`and control of the patent-in-suit and
`related patents; ownership, control,
`operations, and finances of C-cation,
`C-Cation Tech, and any and all joint
`ventures to which C-cation was a
`party (including ZSCT and
`RenTech); activities in China relating
`to the patent-in-suit; prior litigation,
`settlement negotiations, and terms of
`the settlement agreement; licensing,
`strategic alliances, consulting
`relationships, investor relations and
`solicitation, preparation of business
`plans, litigation strategies, and
`related negotiations regarding the
`patent-in-suit and related patents
`Member of C-Cation, shareholder of
`C-cation, Inc. (Delaware), and owner
`of rights in and to the ’883 patent;
`Prototyping, testing, and
`demonstration of the alleged
`inventions described and claimed in
`the patent-in-suit and related
`applications and patents; ownership
`and control of the patent-in-suit and
`related patents; ownership, control,
`operations, and finances of C-cation,
`C-Cation Tech, and any and all joint
`ventures to which C-cation was a
`party (including ZSCT and
`RenTech); activities in China relating
`to the patent-in-suit; prior litigation,
`settlement negotiations, and terms of
`the settlement agreement; licensing,
`strategic alliances, consulting
`relationships, investor relations and
`solicitation, preparation of business
`plans, litigation strategies, and
`related negotiations regarding the
`patent-in-suit and related patents
`Shareholder of C-cation, Inc.
`(Delaware), and owner of rights in
`and to the ’883 patent; Prototyping,
`testing, and demonstration of the
`
`
`
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`

`Name
`
`Last Known Address and
`Telephone Number
`
`Ricardo M. Dos
`Anjos
`
`
`150 Purchase Street, Suite 9
`Rye, NY 10580
`(914) 921-2600
`
`Joseph Kirincich
`
`
`150 Purchase Street, Suite 9
`Rye, NY 10580
`(914) 921-2600
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`Connection with the Case and
`Substance of Information Known
`alleged inventions described and
`claimed in the patent-in-suit and
`related applications and patents;
`ownership and control of the patent-
`in-suit and related patents;
`ownership, control, operations, and
`finances of C-cation, C-Cation Tech,
`and any and all joint ventures to
`which C-cation was a party
`(including ZSCT and RenTech);
`activities in China relating to the
`patent-in-suit; prior litigation,
`settlement negotiations, and terms of
`the settlement agreement; licensing,
`strategic alliances, marketing,
`consulting relationships, investor
`relations and solicitation, preparation
`of business plans, and related
`negotiations regarding the patent-in-
`suit and related patents
`Member of C-Cation, shareholder of
`C-cation, Inc. (Delaware), and owner
`of rights in and to the ’883 patent;
`Prototyping, testing, and
`demonstration of the alleged
`inventions described and claimed in
`the patent-in-suit and related
`applications and patents; ownership
`and control of the patent-in-suit and
`related patents; ownership, control,
`operations, and finances of C-cation,
`C-Cation Tech, and any and all joint
`ventures to which C-cation was a
`party (including ZSCT and
`RenTech); activities in China relating
`to the patent-in-suit; prior litigation,
`settlement negotiations, and terms of
`the settlement agreement; licensing,
`strategic alliances, consulting
`relationships, investor relations and
`solicitation, preparation of business
`plans, and related negotiations
`regarding the patent-in-suit and
`related patents
`Member of C-Cation (via family
`trust), shareholder of C-cation, Inc.
`(Delaware), and owner of rights in
`and to the ’883 patent; Prototyping,
`testing, and demonstration of the
`alleged inventions described and
`claimed in the patent-in-suit and
`
`
`
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`

`

`Name
`
`Last Known Address and
`Telephone Number
`
`Ronald J. Mangini
`
`
`150 Purchase Street, Suite 9
`Rye, NY 10580
`(914) 921-2600
`
`Gunther Diefes
`
`
`150 Purchase Street, Suite 9
`Rye, NY 10580
`(914) 921-2600
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`Connection with the Case and
`Substance of Information Known
`related applications and patents;
`ownership and control of the patent-
`in-suit and related patents;
`ownership, control, operations, and
`finances of C-cation, C-Cation Tech,
`and any and all joint ventures to
`which C-cation was a party
`(including ZSCT and RenTech);
`activities in China relating to the
`patent-in-suit; prior litigation,
`settlement negotiations, and terms of
`the settlement agreement; licensing,
`strategic alliances, consulting
`relationships, investor relations and
`solicitation, preparation of business
`plans, financial projections, and
`related negotiations regarding the
`patent-in-suit and related patents
`Member of C-Cation (via family
`trust), shareholder of C-cation, Inc.
`(Delaware), and owner of rights in
`and to the ’883 patent; Prototyping,
`testing, and demonstration of the
`alleged inventions described and
`claimed in the patent-in-suit and
`related applications and patents;
`ownership and control of the patent-
`in-suit and related patents;
`ownership, control, operations, and
`finances of C-cation, C-Cation Tech,
`and any and all joint ventures to
`which C-cation was a party
`(including ZSCT and RenTech);
`activities in China relating to the
`patent-in-suit; prior litigation,
`settlement negotiations, and terms of
`the settlement agreement; licensing,
`strategic alliances, consulting
`relationships, investor relations and
`solicitation, preparation of business
`plans, financial projections, and
`related negotiations regarding the
`patent-in-suit and related patents
`Member of C-Cation, shareholder of
`C-cation, Inc. (Delaware), and owner
`of rights in and to the ’883 patent;
`Prototyping, testing, and
`demonstration of the alleged
`inventions described and claimed in
`the patent-in-suit and related
`applications and patents; ownership
`
`
`
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`

`Name
`
`Last Known Address and
`Telephone Number
`
`C-cation, Inc.
`(Delaware
`Corporation)
`
`150 Purchase Street, Suite 9
`Rye, NY 10580
`(914) 921-2600
`
`
`C-cation, Inc.
`(New York
`Corporation)
`
`150 Purchase Street, Suite 9
`Rye, NY 10580
`(914) 921-2600
`
`
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`Connection with the Case and
`Substance of Information Known
`and control of the patent-in-suit and
`related patents; ownership, control,
`operations, and finances of C-cation,
`C-Cation Tech, and any and all joint
`ventures to which C-cation was a
`party (including ZSCT and
`RenTech); activities in China relating
`to the patent-in-suit; prior litigation,
`settlement negotiations, and terms of
`the settlement agreement; licensing,
`strategic alliances, consulting
`relationships, investor relations and
`solicitation, preparation of business
`plans, and related negotiations
`regarding the patent-in-suit and
`related patents
`Prototyping, testing, and
`demonstration of the alleged
`inventions described and claimed in
`the patent-in-suit and related
`applications and patents; ownership
`and control of the patent-in-suit and
`related patents; ownership, control,
`operations, and finances of C-cation,
`C-Cation Tech, and any and all joint
`ventures to which C-cation was a
`party (including ZSCT and
`RenTech); activities in China relating
`to the patent-in-suit; prior litigation,
`settlement negotiations, and terms of
`the settlement agreement; licensing,
`strategic alliances, consulting
`relationships, investor relations and
`solicitation, preparation of business
`plans, and related negotiations
`regarding the patent-in-suit and
`related patents
`Prototyping, testing, and
`demonstration of the alleged
`inventions described and claimed in
`the patent-in-suit and related
`applications and patents; ownership
`and control of the patent-in-suit and
`related patents; ownership, control,
`operations, and finances of C-cation,
`C-Cation Tech, and any and all joint
`ventures to which C-cation was a
`party (including ZSCT and
`RenTech); activities in China relating
`to the patent-in-suit; prior litigation,
`settlement negotiations, and terms of
`
`
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`

`Name
`
`Last Known Address and
`Telephone Number
`
`C-cation
`Technologies, LLC
`
`150 Purchase Street, Suite 9
`Rye, NY 10580
`(914) 921-2600
`
`Steven Glassman
`
`Kaye Scholer LLP
`425 Park Avenue
`New York, NY 10022
`(212) 836-8000
`
`
`Timothy J. Haller
`
`
`Niro, Haller & Niro, Ltd.
`181 West Madison, Suite 4600
`Chicago, IL 60602
`(312) 236-0733
`
`
`Niro, Haller & Niro,
`Ltd.
`
`181 West Madison,
`Suite 4600
`Chicago, IL 60602
`(312) 236-0733
`
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`Connection with the Case and
`Substance of Information Known
`the settlement agreement; licensing,
`strategic alliances, consulting
`relationships, investor relations and
`solicitation, preparation of business
`plans, and related negotiations
`regarding the patent-in-suit and
`related patents
`Prototyping, testing, and
`demonstration of the alleged
`inventions described and claimed in
`the patent-in-suit and related
`applications and patents; ownership
`and control of the patent-in-suit and
`related patents; ownership, control,
`operations, and finances of C-cation,
`C-Cation Tech, and any and all joint
`ventures to which C-cation was a
`party (including ZSCT and
`RenTech); activities in China relating
`to the patent-in-suit; prior litigation,
`settlement negotiations, and terms of
`the settlement agreement; licensing,
`strategic alliances, consulting
`relationships, investor relations and
`solicitation, preparation of business
`plans, and related negotiations
`regarding the patent-in-suit and
`related patents
`Prior litigation, settlement
`negotiations, and terms of the
`settlement agreement;
`representations by C-
`cation/Cheng/C-Cation Tech
`involving the patent-in-suit; potential
`strategic alliances involving the
`patent-in-suit
`Prior litigation, settlement
`negotiations, and terms of the
`settlement agreement;
`representations by C-
`cation/Cheng/C-Cation Tech
`involving the patent-in-suit; potential
`strategic alliances involving the
`patent-in-suit
`Prior litigation, settlement
`negotiations, and terms of the
`settlement agreement;
`representations by C-
`cation/Cheng/C-Cation Tech
`involving the patent-in-suit; potential
`
`
`
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`

`

`Name
`
`Last Known Address and
`Telephone Number
`
`William F.
`Flachsbart
`
`
`Robert P.
`Greenspoon
`
`
`Flachsbart and Greenspoon, LLC
`333 North Michigan Avenue,
`27th Floor
`Chicago, IL 60601
`(312) 551-9500
`
`
`Flachsbart and Greenspoon, LLC
`333 North Michigan Avenue,
`27th Floor
`Chicago, IL 60601
`(312) 551-9500
`
`
`Comcast Cable
`Communications,
`LLC
`
`Contact through counsel for
`Comcast
`
`Comcast Cable
`Holdings, LLC
`(f/k/a AT&T
`Broadband)
`Lee Zieroth
`
`Contact through counsel for
`Comcast
`
`Contact through counsel for
`Comcast
`
`Earle Iveson
`
`Contact through counsel for
`Comcast
`
`Steve Sigman
`
`Contact through counsel for
`Comcast
`
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`Connection with the Case and
`Substance of Information Known
`strategic alliances involving the
`patent-in-suit
`Prior litigation, settlement
`negotiations, and terms of the
`settlement agreement;
`representations by C-
`cation/Cheng/C-Cation Tech
`involving the patent-in-suit; potential
`strategic alliances involving the
`patent-in-suit
`Prior litigation, settlement
`negotiations, and terms of the
`settlement agreement;
`representations by C-
`cation/Cheng/C-Cation Tech
`involving the patent-in-suit; potential
`strategic alliances involving the
`patent-in-suit
`Operation, development, design, and
`architecture of Comcast’s systems as
`they relate to potential accused
`Comcast products or services;
`financial, marketing and usage
`information related to potential
`accused Comcast products or
`services
`Prior litigation, settlement
`negotiations, and terms of the
`settlement agreement
`
`Prior litigation, settlement
`negotiations, and terms of the
`settlement agreement;
`representations by C-
`cation/Cheng/C-Cation Tech
`involving the patent-in-suit and
`related patents; potential strategic
`alliances and related negotiations
`involving the patent-in-suit and
`related patents
`Earle Iveson may have knowledge or
`information regarding the operation,
`development, design, architecture,
`and deployment of Comcast’s
`systems as they relate to certain
`accused technology
`Steve Sigman may have knowledge
`or information regarding the
`operation, development, design,
`
`
`
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`

`Name
`
`Last Known Address and
`Telephone Number
`
`Jason Combs
`
`Contact through counsel for
`Comcast
`
`James Unice
`
`Contact through counsel for
`Comcast
`
`Will Zapar
`
`Contact through counsel for
`Comcast
`
`Bruce Barker, Jr.
`
`Contact through counsel for
`Comcast
`
`Greg White
`
`858 Coal Creek Circle
`Louisville, CO 80027
`(303) 661-9100
`
`John Kerklo
`
`Media Management Services,
`Inc.
`6096 South Lima Street
`Englewood, CO 80111
`(303) 741-6135
`
`Robert Colombo
`
`Cerebronix, Inc.
`30 Westgate Drive
`Annandale, NJ 08801
`(908) 238-9632
`
`Polytechnic
`
`Polytechnic University
`
`713316
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`
`Connection with the Case and
`Substance of Information Known
`architecture, and deployment of
`Comcast’s systems as they relate to
`certain accused technology
`Jason Combs may have knowledge
`or information regarding the
`operation, development, design,
`architecture, and deployment of
`Comcast’s systems as they relate to
`certain accused technology
`James Unice may have knowledge or
`information regarding the operation,
`development, design, architecture,
`and deployment of Comcast’s
`systems as they relate to certain
`accused technology
`Will Zapar may have knowledge or
`information regarding the operation,
`development, design, architecture,
`and deployment of Comcast’s
`systems as they relate to certain
`accused technology
`Operation, marketing, development,
`design, architecture, and deployment
`of Comcast’s systems as they relate
`to certain accused products or
`services
`Representations and statements by C-
`cation/Cheng/C-Cation Tech
`involving the patent-in-suit; potential
`strategic alliances and negotiations
`involving the patent-in-suit and
`related patents; DOCSIS
`specifications
`Representations and statements by
`C-cation/Cheng/C-Cation Tech
`involving the patent-in-suit; scope of
`the patent-in-suit vis-à-vis DOCSIS
`and/or PacketCable; potential
`strategic alliances and negotiations
`involving the patent-in-suit and
`related patents; prior litigation
`Representations and statements by
`C-cation/Cheng/C-Cation Tech to
`involving the patent-in-suit; potential
`strategic alliances and negotiations
`involving the patent-in-suit and
`related patents
`Representations and statements by
`
`
`
`
`12
`
`

`

`Name
`
`University – Center
`for Advanced
`Technology in
`Telecommunications
`Datang Telecom
`Technology and
`Industry Group
`China Academy of
`Telecommunications
`Technology
`
`Last Known Address and
`Telephone Number
`5 MetroTech Center
`Brooklyn, NY 11201
`(718) 260-3283
`
`NO.40，Xueyuan Road
`Haidian District
`Beijing
`P.R.China
`datanggroup@datanggroup.cn
`Tel：8610-62302545
`Fax：8610-62302908
`
`Renaissance
`Technology
`Company, Ltd.
`(Beijing)
`
`Unknown
`
`ARRIS Group, Inc.
`
`Cisco Systems, Inc.
`
`3871 Lakefield Drive
`Suwanee, GA 30024
`(678) 473-2000
`
`170 West Tasman Drive
`San Jose, CA 95134
`(408) 883-4000
`
`Motorola Mobility,
`Inc.
`
`1303 East Algonquin Road
`Schaumburg, IL 60196
`(847) 576-5000
`
`Ubee Interactive
`
`D-Link Systems,
`Inc.
`
`8085 S. Chester Street
`Suite 200
`Englewood, CO 80112
`(888) 390-8233
`17595 Mt. Herrmann Street
`Fountain Valley, CA 92708
`(800) 326-1688
`
`713316
`
`13
`
`Connection with the Case and
`Substance of Information Known
`C-cation/Cheng/C-Cation Tech
`involving the patent-in-suit; research
`and development involving the
`patent-in-suit
`The Datang Telecom Technology
`and Industry Group of the China
`Academy of Telecommunications
`Technology (“CATT”) is a joint
`venture with C-Cation, the purported
`assignee of the ’883 patent, and, as
`such, may have knowledge regarding
`the assignment history, ownership,
`inventorship, value, licensing,
`marking, efforts to make, sell, and
`use, and other aspects of the ’883
`patent, and related inventions,
`patents, patent applications, and
`other topics.
`Renaissance Technology Company,
`Ltd. (“RenTech”) is a joint venture
`with C-Cation, the purported
`assignee of the ’883 patent, and, as
`such, may have knowledge regarding
`the assignment history, ownership,
`inventorship, value, licensing,
`marking, efforts to make, sell, and
`use, and other aspects of the ’883
`patent, and related inventions,
`patents, patent applications, and
`other topics.
`Representatives of ARRIS may have
`knowledge of certain cable systems
`and cable modem equipment used in
`Comcast Cable’s systems.
`Representatives of Cisco may have
`knowledge of certain cable systems
`and cable modem equipment used in
`Comcast Cable’s systems.
`Representatives of Motorola may
`have knowledge of cable modem
`equipment used in Comcast Cable’s
`systems.
`Representatives of Ubee Interactive
`may have knowledge of certain cable
`modem equipment used in Comcast
`Cable’s systems.
`Representatives of D-Link may have
`knowledge of certain cable modem
`equipment used in Comcast Cable’s
`
`
`
`
`13
`
`

`

`Name
`
`Last Known Address and
`Telephone Number
`
`NETGEAR, Inc.
`
`350 East Plumeria Drive
`San Jose, CA 95134-1911
`(408) 907-8000
`
`SMC Networks
`
`20 Mason
`Irvine, CA 92618
`(800) 72-4969
`
`Electroline
`Equipment, Inc.
`
`129 Evergreen Court
`Blue Bell, PA 19422-2817
`(215) 542-9950
`
`Toshiba America
`Information
`Systems, Inc.
`
`9740 Irvine Blvd.
`Irvine, CA 92618-1697
`(949) 583-3000
`
`ZyXel
`Communications,
`Inc.
`
`1130 North Miller Street
`Anaheim, CA 92806-2001
`(714) 632-0882
`
`RCA/Thomson
`
`10330 N Meridian St.
`Indianapolis, IN 46290-1024
`(317) 587-3000
`
`Zoom Technologies,
`Inc.
`
`150 East 42nd Street, 11th Floor
`New York, NY 10017
`(917) 609-0333
`
`3Com Corporation
`
`5400 Bayfront Plaza
`Santa Clara, CA 95052-8145
`(408) 326-5000
`
`Connection with the Case and
`Substance of Information Known
`systems.
`Representatives of Netgear may have
`knowledge of certain cable modem
`equipment used in Comcast Cable’s
`systems.
`Representatives of SMC may have
`knowledge of certain cable modem
`equipment used in Comcast Cable’s
`systems.
`Representatives of Electroline may
`have knowledge of certain cable
`modem equipment used in Comcast
`Cable’s systems.
`Representatives of Toshiba may have
`knowledge of certain cable modem
`equipment used in Comcast Cable’s
`systems.
`Representatives of ZyXel may have
`knowledge of certain cable modem
`equipment used in Comcast Cable’s
`systems.
`Representatives of RCA/Thomson
`may have knowledge of certain cable
`modem equipment used in Comcast
`Cable’s systems.
`Representatives of Zoom Interactive
`may have knowledge of certain cable
`modem equipment used in Comcast
`Cable’s systems.
`Representatives of 3Com Interactive
`may have knowledge of certain cable
`modem equipment used in Comcast
`Cable’s systems.
`
`In addition to the above-listed individuals, Comcast Cable incorporates by reference the
`
`individuals disclosed by any other party to this case as if fully set forth herein. Comcast Cable
`
`reserves the right to add or remove individuals from these disclosures based on Comcast Cable’s
`
`continuing investigation of the facts relevant to this action and based on future discovery in this
`
`case. To the extent that licensing and related issues currently being litigated in Comcast v. C-
`
`Cation, No. 11-CV-01922-JGK-RLE (S.D.N.Y.), are ultimately litigated in this case, Comcast
`
`reserves the right to incorporate by reference the individuals disclosed in that case. Comcast
`
`713316
`
`14
`
`
`
`
`14
`
`

`

`Cable further reserves the right to object to the deposition or trial testimony of any individual
`
`identified herein.
`
`Comcast Cable does not consent to any party or any person involved in this litigation
`
`directly contacting any of Comcast Cable’s employees, representatives, or agents, all of whom
`
`can be contacted only through counsel for Comcast Cable.
`
`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.
`Certain of Comcast Cable’s vendors including, but not limited to, Arris Group, Inc.,
`
`Cisco Systems, Inc., and Motorola, Inc., 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.
`
`F.
`
`Any settlement agreements relevant to the subject matter of this action.
`Comcast Cable Holdings, AT&T, and C-cation, Inc. entered into a confidential settlement
`
`and license agreement (“SLA”) on or around June 30, 2003, in which the parties settled C-cation,
`
`Inc.’s accusations that Comcast Cable infringed United States Patent No. 5,642,155 by operation
`
`of its high-speed data cable systems. The SLA also encompassed the ’883 patent.
`
`G.
`
`A copy of all documents, electronically stored information, and tangible things that
`the disclosing party has in its possession, custody, or control and that are relevant to
`the claim or defense of any party.
`Comcast Cable will provide Plaintiff with copies of all documents, electronically stored
`
`information, and tangible things that the disclosing party has in its possession, custody, or
`
`control and that are relevant to the claim or defense of any party, in accordance with the schedule
`
`provided in the Court’s October 3, 2012 Scheduling and Discovery Order.
`
`H.
`
`Supplemental disclosures pursuant to Rules 26(a)(1) and 26(e)(1).
`1.
`Pursuant to Rule 26(a)(1)(A)(ii), and in addition to the documents provided to C-
`
`Cation in accordance with the Court’s Scheduling and Discovery Order, Comcast Cable provides
`
`the following categories and locations of documents, electronically stored information, and
`
`tangible things that it has or may have in its possession, custody, or control that it may use to
`
`support its defenses and/or counterclaims in this action, unless such use would be solely for
`
`713316
`
`15
`
`
`
`
`15
`
`

`

`impeachment.
`
`•
`
`•
`•
`•
`
`•
`
`•
`
`•
`
`•
`
`Documents related to the products, services, and specifications Comcast
`Cable believes may be accused by C-Cation Tech of infringing the patent-
`in-suit, including documents relating to their operation, structure, function,
`development, marketing, sales, profitability, and/or usage