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920501.interrog
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1992-11-03
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Michael D. Loprete (MDL1695)
CRUMMY, DEL DEO, DOLAN,
GRIFFINGER & VECCHIONE, P.C.
One Riverfront Plaza
Newark, New Jersey 07102
(201) 596-4500
George L. Graff
James W. Kennedy
Charles B. Ortner
MILGRIM THOMAJAN & LEE P.C.
New York, New York 10005-2815
(212) 858-5300
Sanford Tannebaum
Executive Vice President and General Counsel
UNIX System Laboratories, Inc.
190 River Road
Summit, New Jersey 07901-1444
(908) 522-6666
Attorneys for Plaintiff Unix System Laboratories, Inc.
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNIX SYSTEM LABORATORIES, INC.,
Plaintiff, Civil Action No.
92-1667 (DRD)
-against-
PLAINTIFF'S
BERKELEY SOFTWARE DESIGN, INC., FIRST SET OF
INTERROGATORIES
Defendant.
Plaintiff Unix System laboratories, Inc. ("USL"),
pursuant to Rule 33 of the Federal Rules of Civil Procedure and
Local Rule 16, demands that Defandant Berkeley System Design, Inc. ("BSDI")
serve answers to the following Interrogatories within thirty (30) days
from teh date on which they are served, in accordance with the
Definitions and Instructions set forth below.
Definitions
[temporarily omitted]
Instructions
[temporarily omitted]
INTERROGATORY NO. 1:
State whether BSDI has at any time adopted and/or
implemented a policy or practice with respect to the retention or
destruction of documents, and, if so, describe in detail the policy
or practice, identify all persons who were involved in discussing,
considering, adopting or implementing the policy or practice, and
state the date on which the policy or practice was first adopted or
implemented.
INTERROGATORY NO. 2:
State whether BSDI has at any time destroyed any
documents, or is aware of the destruction of documents by anyone,
that constitute, evidence, reflect or concern:
(a) the technical development of the "BSD 386 Source"
software product;
(b) the use of, possession of, or access to, any
computer related products developed and/or licensed
by USL or AT&T (including without limitation UNIX
brand computer software operating systems) occurring
at any time by any past or present BSDI personnel or
by any person or entity which has performed or is
now performing services for or on behalf of BSDI;
(c) any other document responsive to the Plaintiff's
First Request for Production of Documents.
If so, (a) identify each such document, including without
limitation all authors, addressees and recipients thereof, as well
as the subject matter of such document, (b) state the date of its
destruction, (c) describe the manner in which destroyed,
(d) identify all persons responsible for its destruction and all
persons with knowledge of its destruction, and (e) state the
reason(s) for its destruction.
INTERROGATORY NO. 3:
Identify all persons and entities involved in any way in
the technical development of the "BSD 386 Source" software product,
including without limitation employees of BSDI, consultants, or
outside contributors of software. In addition to the information
required by Instruction No. 2, for each such person or entity:
(a) describe the particular contribution made by such
person or entity to the technical development of
"BSD 386 Source";
(b) state the number of hours which such person or
entity devoted to each particular contribution made
to the technical development of "BSD 386 Source,"
and the dates in which such person or entity was
engaged in making that contribution;
(c) describe such person's or entity's educational
experience, technical expertise and training; and
(d) with respect to individuals, list such person's
employers, dates of employments, job titles, duties
and responsibilities over the last fifteen years.
INTERROGATORY NO. 4:
With respect to each person and entity identified in
response to the foregoing Interrogatory, state whether or not such
person or entity is a licensee of UNIX operating system software;
has performed or is performing services, as an employee, contractor
or otherwise, for or on behalf of a licensee of UNIX operating
system software; or has otherwise had access to UNIX operating
system software. With respect to licensees, set forth the date of
the License Agreement. Further, if such person or entity has had
access to UNIX operating system software, set forth the date(s) of
such access and a brief description of the circumstances in which
such access was granted.
INTERROGATORY NO. 5:
Identify all sources of software code or other technology
from which "BSD 386 Source" is or may be copied or derived, and
identify the specific portion of "BSD 386 Source" related thereto.
INTERROGATORY NO. 6:
Identify all license agreements under which BSDI has
obtained a past, current or prospective right of access to software
or other computer-related technology. As to each such agreement,
state whether BSDI has reviewed, referred to or relied upon any
technology disclosed under such agreement in connection with the
development of the "BSD 386 Source." If so, identify the specific
portion of the "BSD 386 Source" related to such technology.
INTERROGATORY NO. 7:
Identify all agreements, including without limitation
license agreements, between BSDI, or its past or current employees,
or its past or current consultants, or any person or entity which
at at(sic) the time of the agreement was performing services for or
on behalf of BSDI, and:
(a) the Regents of the University of California (the
"Regents"); or
(b) the Computer Systems Research Group of the
University of California, Berkeley ("CSRG"), or any
individuals affiliated therewith.
With respect to each such agreement, identify all communications
constituting, evidencing, reflecting or concerning negotiations
with respect to such agreement, and identify all persons with
knowledge of such communications and negotiations.
INTERROGATORY NO. 8:
Identify all communications involving BSDI, including
without limitation anyone acting on its behalf, concerning the
question of indemnity for infringement of intellectual property
rights arising out of the use, licensing or sale of "BSD 386
Source" or BSDI's other software products or services. With
respect to each such communication, state whether or not the
communication involved the question of infringing upon the
intellectual property, contractual or other legal rights of (a) the
Regents, (b) CSRG, (c) USL, or (d) AT&T.
INTERROGATORY NO. 9:
Identify all communications involving BSDI, including
without limitation anyone acting on its behalf, that concern the
question of any source from which it may have copied or derived its
"BSD 386 Source," or any portion thereof. With respect to each
such communication, state whether or not such communication
involved the question of whether the BSD 386 Source may have been
copied or derived from software developed or licensed by (a) the
Regents, (b) CSRG, (c) USL, or (d) AT&T, and if so, identify such
software by reference to its trade name.
INTERROGATORY NO. 10:
Identify all past and current shareholders of BSDI. With
respect to each shareholder, state the number of shares owned and
the dates of ownership.
INTERROGATORY NO. 11:
Identify all persons with knowledge of facts concerning
the statement in the "BSD 386 Source" product brochure (copy
annexed as Exhibit A) that: "It is based on the most recent release
from the Computer Systems Research Group of the University of
California, Berkeley-Networking Release 2."
INTERROGATORY NO. 12:
Identify all documents and other sources of information
consulted, reviewed or relied on in making the foregoing statement
that "It is based on the most recent release from the Computer
Systems Research Group of the University of California, Berkeley -
Networking Release 2."
INTERROGATORY NO. 13:
Identify all persons with knowledge of facts concerning
the statement in the "BSD 386 Source" product brochure (copy
annexed as Exhibit A) that: "the NET 2 tape contained no AT&T
licensed code, but was not a complete system."
INTERROGATORY NO. 14:
Identify all documents and other sources of information
consulted, reviewed or relied on in making the foregoing statement
that: "the NET 2 tape contained no AT&T licensed code, but was not
a complete system."
INTERROGATORY NO. 15:
Identify all persons with knowledge of facts concerning
the statement in the "BSD 386 Source" product brochure (copy
annexed as Exhibit A) that: "BSDI has completed the system and
added additional drivers."
INTERROGATORY NO. 16:
Identify all documents and other sources of information
consulted, reviewed or relied on in making the foregoing statement
that: "BSDI has completed the system and added additional drivers."
INTERROGATORY NO. 17:
Identify all persons with knowledge of facts concerning
the statement in the "BSD 386 Source" product brochure (copy
annexed as Exhibit A) that: "the resulting system does not require
a license from AT&T and so is available in source form at a
fraction of AT&T's price."
INTERROGATORY NO. 18:
Identify all documents and other sources of information
consulted, reviewed or relied on in making the foregoing statement
that: "the resulting system does not require a license from AT&T
and so is available in source form at a fraction of AT&T's price."
INTERROGATORY NO. 19:
Identify all persons with knowledge of facts concerning
the statement in the "BSD 386 Source" product brochure (copy
annexed as Exhibit A) that: "BSD/386 is a `Berkeley-UNIX'
compatible operating system for the 386 and 486 PC architectures."
INTERROGATORY NO. 20:
Identify all documents and other sources of information
consulted, reviewed or relied on in making the foregoing statement
that: "BSD/386 is a 'Berkeley-UNIX' compatible operating system for
the 386 and 486 PC architectures."
INTERROGATORY NO. 21:
Identify all persons with knowledge of facts concerning
the statement in the "BSD 386 Source" product brochure (copy
annexed as Exhibit A) that: "The production system is planned to
support SCO UNIX V3.3 binaries."
INTERROGATORY NO. 22:
Identify all documents and other sources of information
consulted, reviewed or relied on in making the foregoing statement
that: "The production system is planned to support SCO UNIX V3.3
binaries."
INTERROGATORY NO. 23:
Identify all persons with knowledge of facts concerning
the statement appearing in the attached Exhibit C that: "we have
been billed more than US $40,000 just for the legal services we
have used to ensure that our code will [sic] is technically and
legally free from AT&T/USL trade secrets."
INTERROGATORY NO. 24:
Identify all documents and other sources of information
consulted, reviewed or relied on in making the foregoing statement
that: "we have been billed more than US $40,000 just for the legal
services we have used to ensure that our code will [sic] is
technically and legally free from AT&T/USL trade secrets."
INTERROGATORY NO. 25:
Identify all persons with knowledge of facts concerning
the statement appearing in the attached Exhibit C that: "we have
seven people putting in more than 280 hours/week on getting the
release out. That's every week. We pay them for their efforts.
We'll certainly be hiring more[.]"
INTERROGATORY NO. 26:
Identify all documents and other sources of information
consulted, reviewed or relied on in making the foregoing statement
that: "we have seven people putting in more than 280 hours/week on
getting the release out. That's every week. We pay them for their
efforts. We'll certainly be hiring more[.]"
INTERROGATORY NO. 27:
Identify all persons involved in the drafting and/or
review, prior to its release, of the "BSD 386 Source" product
brochure (annexed as Exhibit A hereto).
INTERROGATORY NO. 28:
Identify all persons involved in the drafting and/or
review, prior to its release, of the BSDI License Agreement
(annexed as Exhibit B hereto).
INTERROGATORY NO. 29:
To the extent not identified above, identify all
employees of BSDI. In addition to the information required by
Instruction No. 2, for each such person,
(a) describe each such person's title, duties and
responsibilities at BSDI;
(b) describe such person's educational experience,
technical expertise, and training; and
(c) list such person's employers, dates of employment,
job titles, duties and responsibilities over the
last fifteen years.
INTERROGATORY NO. 30:
With respect to each person identified in response to the
foregoing Interrogatory, state whether or not such person is a
licensee of UNIX operating system software; has performed or is
performing services, as an employee, contractor or otherwise, for
or on behalf of a licensee of UNIX operating system software; or
has otherwise had access to UNIX operating system software. With
respect to licensees, set forth the date of the License Agreement.
Further, if such person has had access to UNIX operating system
software, set forth the date(s) of such access and a brief
description of the circumstances in which such access was granted.
INTERROGATORY NO. 31:
Identify all licensees or purchasers of the "BSD 386
Source" software product, and set forth the date of each license
agreement or purchase.
INTERROGATORY NO. 32:
Identify all alpha and beta sites licensed to use, test
or experiment with the "BSD 386 Source" software product.
INTERROGATORY NO. 33:
Separately identify all persons responsible for the
marketing of "BSD 386 Source" within and without the United States
and specifically describe each such person's responsibilities in
that regard.
INTERROGATORY NO. 34:
Separately identify all persons involved in the
distribution of "BSD 386 Source" including without limitation any
outside distributors, and describe all planned methods of
distribution.
INTERROGATORY NO. 35:
Separately identify all agreements relating to (a) the
distribution of "BSD 386 Source" and (b) BSDI's other software
products.
INTERROGATORY NO. 36:
Separately state the date(s) on which BSDI expects to
make the production release of "BSD 386 Source" in binary and
object code forms, and any intermediate versions thereof.
INTERROGATORY NO. 37:
Separately state the date(s) on which BSDI first released
its BSD 386 Source in alpha and beta forms as well as the dates of
any past or anticipated intermediate releases thereof.
INTERROGATORY NO. 38:
In addition to "BSD 386 Source", identify all other
products and services, including but not limited to software
products and services, which are (a) being offered for licensing or
sale by BSDI or (b) under development at or on behalf of BSDI.
State the trade name of such product(s) or services and briefly
describe the type and function of such product(s) or services.
INTERROGATORY NO. 39:
With respect to each product identified in response to
the foregoing interrogatory, state whether or not BSDI believes
that such product is, or in its final form is intended to be,
compatible with (a) UNIX operating system software or (b) any other
product licensed or sold by USL and/or AT&T.
INTERROGATORY NO. 40:
With respect to each product identified in response to
Interrogatory No. 38, identify all persons or entities involved in
the development of such product, whether or not employed by BSDI.
In addition to the information required by Instruction No. 2,
describe the contribution made or being made by each such person in
the technical development of each such product.
INTERROGATORY NO. 41:
Identify all phone calls made to the telephone number
1-800 ITS UNIX.
INTERROGATORY NO. 42:
Identify all persons or entities with knowledge of facts
concerning phone calls made to the telephone number 1-800-ITS UNIX,
including without limitation all persons involved in answering such
calls for or on behalf of BSDI.
INTERROGATORY NO. 43:
Describe in detail the operation of BSDI's toll-free
telephone service which used the number 1-800 ITS UNIX, including
the name and business address of the telephone company providing
such service, and the location(s) to which calls made to the number
1-800 ITS UNIX were routed.
Dated: Newark, New Jersey
May 1, 1992
Unix System Laboratratories, Inc.
By:
Michael D. Loprete (MDL1695)
CRUMMY, DEL DEO, DOLAN
GRIFFINGER & VECCHIONE, P.C.
One Riverfront Plaza
Newark, New Jersey 07102
(201) 596-4500
and
By:
George L. Graff
James W. Kennedy
Charles B. Ortner
MILGRIM THOMAJAN & LEE P.C.
53 Wall Street
New York, New York 10005-2815
(212) 858-5300
Attorneys for Plaintiff
Of Counsel:
Sanford Tannenbaum
Executive Vice President and General Counsel
UNIX System Laboratories, Inc.
190 River Road
Summit, New Jersey 07901-1444
(908) 522-6666