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Affinity Labs of Texas, LLC, A Texas Limited Liability Company v. Apple Inc.

January 14, 2011

AFFINITY LABS OF TEXAS, LLC, A TEXAS LIMITED LIABILITY COMPANY, PLAINTIFF COUNTERCLAIM-DEFENDANT,
v.
APPLE INC., A CALIFORNIA CORPORATION, DEFENDANT AND COUNTERCLAIM-PLAINTIFF.



The opinion of the court was delivered by: Judge: Hon. Claudia Wilken

GEORGE A. RILEY (S.B. #118304) griley@omm.com DARIN W. SNYDER (S.B. #136003) dsnyder@omm.com O'MELVENY &MYERS LLP Two Embarcadero Center, 28th Floor San Francisco, California 94111-3823 Telephone: (415) 984-8700 Facsimile: (415) 984-8701 RYAN K. YAGURA (S.B. #197619) ryagura@omm.com NICHOLAS J. WHILT (S.B. #247738) nwhilt@omm.com O'MELVENY &MYERS LLP 400 South Hope Street Los Angeles, California 90071-2899 Telephone: (213) 430-6000 Facsimile: (213) 430-6407 DARIN J. GLASSER (S.B. #223788) dglasser@omm.com O'MELVENY &MYERS LLP 610 Newport Center Drive Newport Beach, California 92660 Telephone: (949) 760-9600 Facsimile: (949) 823-6994 Attorneys for Defendant and Counterclaim-Plaintiff Apple Inc.

STIPULATION REGARDING CERTAIN and DOCUMENTS OBTAINABLE FROM THIRD-PARTY ORGANIZATIONS; [PROPOSED] ORDER

IT IS HEREBY STIPULATED by and between Plaintiff and Counterclaim-Defendant Affinity Labs of Texas, LLC ("Affinity") and Defendant and Counterclaim-Plaintiff Apple Inc. ("Apple") as follows:

WHEREAS, the European Telecommunications Standards Institute makes certain documents available that Apple obtained and produced in this litigation with bates numbers 179Apple-CA0010230 - 0010285, 179Apple-CA0010311 - 0010352, 179Apple-CA0010360 - 0010401, 179Apple-CA0010424 - 0010465, and 179Apple-CA0010466 - 0010507 (collectively, the "GSM Technical Documents");

WHEREAS, Bluetooth SIG, Inc. makes certain documents available that Apple obtained and produced in this litigation with bates numbers 179Apple-CA0008666 - 0009747 and 179Apple-CA0009763 -- 0010202 (collectively, the "Bluetooth Technical Documents");

WHEREAS, Apple's Patent L.R. 3-3 Invalidity Contentions identify the GSM and Bluetooth Technical Documentation as prior art to the asserted patents;

NOW, THEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES HERETO, THROUGH THEIR RESPECTIVE COUNSEL AND SUBJECT TO THE APPROVAL OF THE COURT, AS FOLLOWS:

1. The GSM and Bluetooth Technical Documents are authentic under Federal Rule of Evidence 901;

2. The GSM and Bluetooth Technical Documents are records of regularly conducted activity under Federal Rule of Evidence 803(6);

3. The GSM Technical Document titled "Digital cellular telecommunications system (Phase 2); General Packet Radio Service (GPRS); Overall description of the GPRS radio interface; Stage 2 (GSM 03.64 version 6.0.1 Release 1997)" and bates numbered 179Apple-CA0010230 - 0010285 constitutes a "printed publication" as the term is used in 35 U.S.C. -§ 102 and was a printed publication as of August 1998;

4. The GSM Technical Document titled "Digital cellular telecommunications system (Phase 2); General Packet Radio Service (GPRS); Overall description of the GPRS radio interface; Stage 2 (GSM 03.64 version 6.1.0 Release 1997)" and bates numbered 179Apple-CA0010311 - 0010352 constitutes a "printed publication" as the term is used in 35 U.S.C. -§ 102 and was a printed publication as of October 1998;

5. The GSM Technical Document titled "Digital cellular telecommunications system (Phase 2); General Packet Radio Service (GPRS); Overall description of the GPRS radio interface; Stage 2 (GSM 03.64 version 6.2.0 Release 1997)" and bates numbered 179Apple-CA0010360 - 0010401 constitutes a "printed publication" as the term is used in 35 U.S.C. -§ 102 and was a printed publication as of May 1999;

6. The GSM Technical Document titled "Digital cellular telecommunications system (Phase 2); General Packet Radio Service (GPRS); Overall description of the GPRS radio interface; Stage 2 (GSM 03.64 version 6.3.0 Release 1997)" and bates numbered 179Apple-CA0010424 - 0010465 constitutes a "printed publication" as the term is used in 35 U.S.C. -§ 102 and was a printed publication as of July 1999;

7. The GSM Technical Document titled "Digital cellular telecommunications system (Phase 2); General Packet Radio Service (GPRS); Overall description of the GPRS radio interface; Stage 2 (GSM 03.64 version 7.0.0 Release 1997)" and bates numbered 179Apple-CA0010466 - 0010507 constitutes a "printed publication" as the term ...


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