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WILLIAM L. ANTHONY (State Bar No. 106908) 
ERIC L. WESENBERG (State Bar No. 139696) 
MARK R. WEDsrSTEIN (State Bar No. 193043) 
ORRICK, HERRINGTON & SUTCLIFFE, LLP 
1000 Marsh Road 
MenloPark,CA 94025 
Telephone: (650)614-7400 
Facsimile: (650)614-7401 

STEVEN ALEXANDER (admitted Pro Hoc Vice) 

KRISTIN L. CLEVELAND (admitted Pro Hoc Vice) 

JAMES E. GERINGER (admitted Pro Hoc Vice) 

JOHN D. VANDENBERG 

KLARQUIST SPARKMAN. LLP 

One World Trade Center, Suite 1600 

121 S.W. Sahnon Street 

Portland, OR 97204 

Telephone: (503) 226-7391 

Facsimile: (503)228-9446 

Attorneys for Defendant and Counterclaimant, 
MICROSOFT CORPORATION 

UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 
OAKLAND DIVISION 

INTERTRUST TECHNOLOGIES 
CORPORATION, a Delaware corporation. 

Plaintiff, 

V. 

MICROSOFT CORPORATION, a 
Washington corporation, 

Defendant 

MICROSOFT CORPORATION, a 
Washington corporation, 

Counterclaimant, 

V. 

INTERTRUST TECHNOLOGIES 
CORPORATION, a Delaware corporation, 

Counter Claim-Defendant. 


MICROSOFTS INITIAL DISCLOSURES 
PURSUANT TO FED.R.CIV.P. 26 (TLX tATBrn) 


CASE NO. C02-0647 SBA 
Consolidated with COl-1640 SBA 

MICROSOFT'S IMTIAL 
DISCLOSURES PURSUANT TO 
FED. R. CIV. P. 2ti(8)(l) C721 Patent) 


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Pursuant to Fed. R. Civ. P. 26(a), Microsoft Corporation (**Microsoft") makes the 
following initial disclosures. The initial disclosures are based on information now reasonably 
available and Microsoft's current understanding of the claims and defenses in this case. 
Microsoft is not providing documents or information not reasonably available at this time. 
Microsoft reserves the right to object to discovery into any listed subject matter. Microsoft 
reserves the right to supplement this initial disclosure pursuant to Fed, R. Civ. P. 26(e). 
A. Witnesses 

Microsoft identifies the following potential witnesses who, based on information and 
belief, are likely to have discoverable information relevant to claims and defenses in the action 
originally titled C02-0647 EDL (since reassigned and consolidated with COl-1640 SBA), along 
with the possible subjects of their testimony. 

Microsoft incorporates by reference the identity of any individual identified in the Patent 
Office file histories of the patents-in-suit, including U.S. Patent No. 6,157,721 C*the *721 
Patent**), or involved in the prosecution of any patent-in-suit as being a potential source of 
discoverable information relevant to the 721 Patent, including but not limited to the named 
inventors, the prosecuting attorneys, and the U.S. Patent Office Examiners. 

The individuals listed below may have discoverable information relevant to claims and 
defenses in this case. The identified individuals may also have information relevant to other 
subject matter areas that may be revealed upon further investigation of the matters at issue. 
There may be Microsoft employees, the specific identities of whom are not presently known, who 
are likely to have discoverable infonnation relevant to claims and defenses in this action. In 
addition, there may be other persons and entities known to Microsoft who have discoverable 
information relevant to these subject matters, including Independent Software Vendors, Microsoft 
certified solution providers, Microsoft certified trainers, application developers, IT professionals, 
etc. Microsoft reserves the right to identify additional individuals who may have discoverable 
infonnation relevant to any product that may be accused as infringing the *721 Patent, should 
InteiTrust identify any such product. Microsoft employees may be contacted in this action only 
through Microsoft's counsel. 

Page 1 MICROSOFTS INITIAL DISCLOSURES 

PURSUANT TO FED.R.CIVJP. 26 {m\ Patent) 


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Nfidosoft incorporates its disclosure of November 26, 2001 regarding individuals 
employees who have information concerning pre-suit business negotiations between Microsoft 
and InteiTrust, and licensing of patents-in-suit, and information relevant to prior art to the 
asserted foterTiust patrats. On information and belief, at least the following additional 
individuals have information relevant to prior art to the '721 Patent: Dorothy Denning, George 
Davida, Yvo Desmedt, Whitfield Diffie, Robert S. Gray, T.E. Gray, Martin Helbnan, ^chardJ. 
iLinnj Brian Matt, Ralph Merkle, M.M. Pozzo, Dan Wallach, and anyone or anyone else familiar 
widi the use or proposed use prior to the 721 Patent's filing date of cryptographic signatures 
and/or other "security" in Java, Telescript, Tel, Verisign or Authenticode. Microsoft further 
incorporates by reference the identity of the authors, named inventors, and other individuals 
reflected or referenced in the publications and patents that are listed in the patents-in-suit and file 
histories or in Microsoft's Notice of Deposition of InteiTrust Pursuant to Fed. R. Civ. P. 30(bX6). 
Additional individuals potentially knowledgeable about prior ait that may be relevant to the '721 
Patent are reflected in documents produced by Microsoft in this matter. Microsoft also 
incorporates by refoence any individuals disclosed by InteiTrust who are likely to have 
discoverable information relevant to disputed facts alleged in the pleadings. Microsoft reserves 
the right to supplement the identity of possessors of material information pursuant to the Federal 
Rules of Civil Procedure and the Local Rules. 

B. Documents 

Microsoft has already produced or is producing for inspection and/or copying 
nonprivileged documents in its possession, custody or control which it may use to support a claim 
or defense relevant to the disputed facts alleged with particularity in the pleadings. Microsoft 
objects to the production of attorney-client communications, attorney work product or other 
infonnation protected fiom discovery. Documents withheld on grounds of attorney-client 
privilege and/or work product immunity will be identified on a privilege log to be provided at a 
time mutually agreeable to the parties or ordered by the Court Work product and confidential 
communications seeking or providing legal advice, or pursuant to the seeking or providing of 
legal advice, between Microsoft (or its agents) and attorneys (or their agents) representing 

Page 2 MICROSOFTS INITIAL DISCLOSURES 

PURSUANT TO PED.R.CIV.P. 26 (721 Patent) 


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Microsoft in connection with such representation produced after October 17, 1994, are also 
withheld, without particular identification, as subject to the attorney-client privilege and/or work 
product immunity. This categorical identification of these docimients is considered to satisfy any 
identification requirements necessary to properly assert privilege for these documents. See 
Advisory Committee notes to 1993 Amendments to Fed. R. Civ. P. 26(b), 

C. Computation of Damages 

As to the infiingement claim(s) asserted by InteiTrust, Microsoft asserts that it has no 
liability in relation to the '721 Patent (or any other InterTrust patent asserted in this action), and 
as a result there is no applicable computation of damages therefor. Microsoft reserves the right to 
recover attorneys fees and costs to the extent permitted by law. Microsoft anticipates that its 
response to any computation of alleged damages by InteiTrust pertaining to the *721 Patent, and 
supporting documents and other evidentiary materials, will be made available during the course 
of discovery, including expert discovery, in this action. 

D. Insurance Agreements 

Microsoft is not aware of any insurance agreement relevant to this action under Fed. R. 
Civ. P. 26(a)(1)(D). 

Dated: June 5, 2002 . 



^CL.WESENBERG 
MARK R. WEINSTEIN 
ORRICK HERRINGTON & SUTCUFFE, LLP 
1000 Marsh Road 
MenloPark,CA 94025 
Telephone: (650)614-7400 


ANTHONY 


STEVEN ALEXANDER 
KRISTIN L. CLEVELAND 
JAMES E. GERINGER 
JOHN D. VANDENBERG 
KLARQUIST SPARKMAN, LLP 
One World Trade Center, Suite 1600 
121 S.W. Salmon Street 


Pages 


MICROSOFT S INITIAL DISCLOSURES 
PURSUANT TO FED.R.CIVJ>. 26 (721 PATQfr) 


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Portland, OR 97204 
Telephone: (503)226-7391 

Attorneys for Defendant 
MICROSOFT CORPORATION 


MICROSOFTS INITIAL DISCLOSURES 
PURSUANT TO FED.R.CIV J». 26 ('721 Patent) 


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DECLARATION OF SERVICE BY E-MAIL AND FIRST-CLASS MAIL 


On June 5, 2001, 1 served: 


MICROSOFT'S INTITAL DISCLOSURES 
PURSUANT TO FED. R. CIV. P. 26(a)(1) (*721 Patent) 


by e-mail delivery, and by placing a true copy of this paper in separate envelopes, first-class 
postage pie-paid, in the U.S. mail addressed to: 


Steven H. Morrissett, Esq. 
Finnegan Henderson Farabow 

Garrett & Dunner 
Stanford Research Paric 
700 Hansen Way 
Palo Alto CA 94304-1016 
steven.morrissett@finnepan.com 


E-mail: mhp@kvn.com 


Michael H. Page, Esq. 
Keker & Van Nest, LLP 
710 Sansome Street 
San Francisco, CA 94111 
Phone.: 415-391-5400 
Fax: 415-397-7188 


Stephen E. Taylor, Esq. 
Taylor & Co. Law Offices 
1050 Marina Village Parkway 
Suite 101 

Alameda, CA 94501 
Phone: 510-865-9401 
Fax: 510-865-9408 


E-mail: stavlor@tcolaw.com 



Pages 


MICROSOFTS mmAL DISCLOSURES 
PURSUANT TO FED.R.CIV.P. 26 {121 Paibnt)