IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 15-31-RGA
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`JURY TRIAL DEMANDED
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`BRADIUM TECHNOLOGIES LLC,
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`
` Plaintiff,
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`
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`v.
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`
`MICROSOFT CORPORATION,
`
`
`Defendant.
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`
`
`PLAINTIFF BRADIUM’S RULE 26(a)(1) INITIAL DISCLOSURES
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`Plaintiff Bradium Technologies LLC (“Plaintiff”), by and through its undersigned
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`counsel, hereby provides its Initial Disclosures to Defendant Microsoft Corporation
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`(“Defendant”), pursuant to Federal Rule of Civil Procedure 26(a)(1) and the Scheduling Order
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`(D.I. 43).
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`These Initial Disclosures are based on information reasonably available to Plaintiff at this
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`time. Continuing investigation and discovery may alter the disclosures. Plaintiff reserves the
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`right to amend and supplement these disclosures as necessary during the course of discovery.
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`The information herein is provided without any admission of the relevance or admissibility of
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`particular information for any specific purpose, and without waiver of attorney client privilege,
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`work product immunity, or any other privilege or immunity. Plaintiff reserves its right to object
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`to the admissibility of any information set forth below.
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`A.
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`INDIVIDUALS LIKELY TO HAVE DISCOVERABLE INFORMATION (Fed. R.
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`Civ. P. 26(a)(1)(A)(i))
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`The following individuals are likely to have discoverable information that Plaintiff may
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`use to support its claims or defenses in this case, unless solely for impeachment:
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`
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`Microsoft, Ex. 1034
`Microsoft v. Bradium, IPR2016-00449
`
`
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 15-31-RGA
`
`JURY TRIAL DEMANDED
`
`BRADIUM TECHNOLOGIES LLC,
`
`
` Plaintiff,
`
`
`
`v.
`
`
`MICROSOFT CORPORATION,
`
`
`Defendant.
`
`
`
`PLAINTIFF BRADIUM’S RULE 26(a)(1) INITIAL DISCLOSURES
`
`
`Plaintiff Bradium Technologies LLC (“Plaintiff”), by and through its undersigned
`
`counsel, hereby provides its Initial Disclosures to Defendant Microsoft Corporation
`
`(“Defendant”), pursuant to Federal Rule of Civil Procedure 26(a)(1) and the Scheduling Order
`
`(D.I. 43).
`
`These Initial Disclosures are based on information reasonably available to Plaintiff at this
`
`time. Continuing investigation and discovery may alter the disclosures. Plaintiff reserves the
`
`right to amend and supplement these disclosures as necessary during the course of discovery.
`
`The information herein is provided without any admission of the relevance or admissibility of
`
`particular information for any specific purpose, and without waiver of attorney client privilege,
`
`work product immunity, or any other privilege or immunity. Plaintiff reserves its right to object
`
`to the admissibility of any information set forth below.
`
`A.
`
`INDIVIDUALS LIKELY TO HAVE DISCOVERABLE INFORMATION (Fed. R.
`
`Civ. P. 26(a)(1)(A)(i))
`
`The following individuals are likely to have discoverable information that Plaintiff may
`
`use to support its claims or defenses in this case, unless solely for impeachment:
`
`
`
`Microsoft, Ex. 1034
`Microsoft v. Bradium, IPR2016-00449
`
`
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`
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`
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`1. Isaac Levanon
`Inventor, U.S. Patent Nos. 7,139,794; 7,908,343; 8,924,5061
`c/o Kenyon & Kenyon LLP
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`Isaac Levanon is believed to have knowledge concerning the subject matter described
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`and claimed in U.S. Patent No. 7,139,794, U.S. Patent No. 7,908,343, U.S. Patent No. 8,924,506,
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`and U.S. Patent No. 9,253,239 (collectively, the “patents in suit”), Plaintiff’s ownership and
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`acquisition of the patents in suit, the conception and reduction to practice of the inventions of the
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`patents in suit, objective evidence of the non-obviousness of the inventions of the patents in suit,
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`licensing and/or acquisition discussions between 3DVU and Microsoft that took place in or
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`around 2005, and Microsoft’s knowledge of the subject matter described in, and its willful
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`infringement of, the patents in suit.
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`2. Alexander I. Poltorak
`Chairman and CEO
`General Patent Corporation
`c/o Kenyon & Kenyon LLP
`
`Alexander I. Poltorak is believed to have knowledge concerning Plaintiff’s offers to
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`license the patents in suit to Microsoft, Microsoft’s refusal to enter into licensing discussions,
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`and Plaintiff’s acquisition and ownership of the patents in suit.
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`3. Kathlene Ingham
`Director of Licensing
`General Patent Corporation
`c/o Kenyon & Kenyon LLP
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`Kathlene Ingham is believed to have knowledge concerning offers to license the patents
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`in suit.
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`
`1
`Mr. Levanon is also an inventor of U.S. Patent No. 9,253,239 (“the ’239 patent”). Bradium plans to seek leave to
`amend the Complaint for Patent Infringement, D.I. 1, to add the ’239 patent to this suit. For convenience, the ’239 patent is
`included in the “patents in suit,” though not yet formally added to the suit.
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`
`
`Microsoft, Ex. 1034
`Microsoft v. Bradium, IPR2016-00449
`
`
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`
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`Plaintiff objects to Defendant directly contacting any employees or members of Bradium
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`in their capacities as such. All contact should be made only through counsel for Plaintiff,
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`Kenyon & Kenyon LLP, One Broadway, New York, NY 10004, (212) 425-7200.
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`Plaintiff reserves the right to amend and/or supplement the foregoing disclosure of
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`individuals. Plaintiff further notes that there may be personnel of Defendant and/or third parties
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`who are likely to have discoverable information, including such persons who would be more
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`readily known by Defendant. Such persons may be identified during the course of discovery in
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`this case.
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`B.
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`DESCRIPTION OF DOCUMENTS
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`
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`Plaintiff identifies the following categories of documents, electronically stored
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`information, and tangible things in its possession, custody, or control that it may use to support
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`its claims or defenses. By making this disclosure, Plaintiff does not represent that it is
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`identifying every potentially relevant document, electronically stored item of information, or
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`tangible thing upon which it may rely for purposes of this lawsuit. Plaintiff’s continuing
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`investigation and discovery may reveal additional relevant documents, electronically stored
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`information, or tangible things, and Plaintiff reserves the right to supplement this disclosure
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`accordingly. Plaintiff does not waive its right to object to the production of any particular
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`document, item of electronically stored information, or tangible thing disclosed herein on the
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`basis of any valid objection to its discoverability or admissibility. These documents,
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`electronically stored information, and tangible things are believed to be located at the offices of
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`Plaintiff’s attorneys Kenyon & Kenyon LLP, Plaintiff’s facilities, the facilities of Plaintiff’s
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`members and/or the United States Patent and Trademark Office, Randolph Building, 401 Dulany
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`Street, Alexandria, VA 22314.
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`
`
`Microsoft, Ex. 1034
`Microsoft v. Bradium, IPR2016-00449
`
`
`
`
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`1. U.S. Patent Nos. 7,139,794; 7,908,343; 8,924,506; 9,253,239, their prosecution
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`histories, and assignments;
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`2. Documents, if any exist separately from the prosecution histories, relating to the
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`conception and reduction to practice of the inventions of the patents in suit;
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`3. Documents relating to Plaintiff’s acquisition of the patents in suit;
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`4. Documents relating to licensing discussions between Defendant’s representatives
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`and 3DVU in or around 2005;
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`5. Documents relating to offers to license for products covered by the patents in suit
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`and Microsoft’s refusal to enter into licensing discussions;
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`6. Documents relating to Microsoft’s willful infringement of the patents in suit;
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`7. Documents relating to objective evidence of the non-obviousness of the
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`inventions of the patents in suit and/or secondary considerations of
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`nonobviousness, and/or documents related to the value of the patents in suit.
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`8. Documents related to the Accused Products.
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`Plaintiff notes that there may be documents in the possession, custody or control of
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`Defendant and/or third parties that are relevant to the claims and defenses in this litigation,
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`including but not limited to technical documents concerning the design and development of the
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`accused products, and documents concerning Defendant’s use, making, advertising, distribution,
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`offers, and sales of the products and services that embody the patents in suit, including Bing
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`Maps, Bing Maps Preview and Bing Search, financial information regarding these products and
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`services, Defendant’s licensing of rights to use these products and services, Defendant’s
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`provision of instructions, training and support for users of these products and services, and the
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`design and operation of these products and services. In addition, Plaintiff may rely on
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`
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`Microsoft, Ex. 1034
`Microsoft v. Bradium, IPR2016-00449
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`
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`documents in the public domain to support any of its claims or defenses.
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`C.
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`COMPUTATION OF DAMAGES
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`Plaintiff is claiming compensatory damages under 35 U.S.C. § 284, no less than a
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`reasonable royalty, as a result of Microsoft’s infringement of the patents in suit, together with
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`interest and costs, as well as enhanced damages for willful infringement, pre-issuance royalties
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`for U.S. Patent No. 8,924,506 and a permanent injunction to the extent evidence justifies the
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`request. Plaintiff also seeks to recover costs and attorneys’ fees. Computation of each category
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`of damages will be the subject of expert discovery in accordance with Fed. R. Civ. P. 26(a)(2).
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`D.
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`INSURANCE AGREEMENTS
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`Plaintiff is not aware of any insurance agreements subject to production pursuant to Fed.
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`R. Civ. P. 26(a)(l)(A)(iv).
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`Dated: February 25, 2016
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`
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`PHILLIPS, GOLDMAN & SPENCE, P.A.
`
`/s/ John C. Phillips, Jr.
`John C. Phillips, Jr. (#110)
`David A. Bilson (#4986)
`1200 North Broom Street
`Wilmington, DE 19806
`Telephone: (302) 655-4200
`jcp@pgslaw.com
`dab@pgslaw.com
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`Attorneys for Plaintiff
`Bradium Technologies LLC
`
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`
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`Microsoft, Ex. 1034
`Microsoft v. Bradium, IPR2016-00449
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`CERTIFICATE OF SERVICE
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`I, David A. Bilson, Esquire, certify that on February 25, 2016, a copy of Plaintiff
`Bradium’s Rule 26(A)(1) Initial Disclosures was served on the following via e-mail:
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`
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`Kelly E. Farnan
`Christine Dealy Haynes
`RICHARDS, LAYTON & FINGER, P.A.
`One Rodney Square
`920 North King Street
`Wilmington, DE 19801
`farnan@rlf.com
`haynes@rlf.com
`
`Matthew C. Bernstein
`Evan S. Day
`Di Zhang
`Patrick J. McKeever
`Miguel Bombach
`PERKINS COIE LLP
`11988 El Camino Real
`Suite 350
`San Diego, California 92130
`MBernstein@perkinscoie.com
`EDay@perkinscoie.com
`DZhang@perkinscoie.com
`PMcKeever@perkinscoie.com
`MBombach@perkinscoie.com
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`/s/ David A. Bilson
`David A. Bilson (#4986)
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`Microsoft, Ex. 1034
`Microsoft v. Bradium, IPR2016-00449
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