Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
165
Declaration of BENJAMIN B. BEDERSON IN SUPPORT OF SAMSUNG'S OPPOSITION TO APPLE'S MOTION FOR PRELIMINARY INJUNCTION filed bySamsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Maroulis, Victoria) (Filed on 8/22/2011) Modified on 8/29/2011 cannot link entry-opposition has not been efiled (dhm, COURT STAFF).
<![CDATA[
EXHIBIT K
Subject: RE:
LaunchTile
source
code
Date: Wednesday,
August
17,
2005
6:37:57
PM
ET
From:
To:
John
SanGiovanni
Bederson,
Ben
Sounds like a good plan. We’ll wait until your visit.
Let’s plan on Tuesday or Wednesday. I’ll send you meeting request(s) later this week.
Have fun visiting family with Aviva. When Anne & I were in NYC this past weekend, it was *HOT*! Yeesh.
JSG
From: Bederson, Ben [mailto:bederson@cs.umd.edu]
Sent: Wednesday, August 17, 2005 3:34 PM
To: John SanGiovanni
Subject: RE: LaunchTile source code
Hi John - I'm in total agreement. Ask Aaron and just cc me so he knows it is ok w/ me.
As for calls, I should be able to make time any time tomorrow, Tuesday or Wednesday (I
think Aviva and I are going to go visit family Fri-Mon). Just let me know when.
I think I'd rather wait for Mary/George to visit - assuming I go there in September. If that trip
is delayed, I'll call, but I'd rather meet in person so I can show them our current work.
- Ben
From: John SanGiovanni [mailto:johnsang@microsoft.com]
Sent: Wednesday, August 17, 2005 6:20 PM
To: Bederson, Ben
Subject: LaunchTile source code
Hey Ben.
I wanted to ping you before emailing Aaron… As we explore sub-licensing opportunities, Microsoft needs to
take delivery of the source code for the two LaunchTile prototypes. The process flow for sponsored research
does not include regular drops of source code like it does for papers & proposals. There’s a provision for
receiving the DateLens source code, but not Sponsored Research code. (This is probably for the best, so you
don’t have to worry about always sending us in-process code.) I just verified that Microsoft has rights to the IP
and copyright for source code developed under Sponsored Research…
4.3 b: Sponsored Research Technology. University hereby grants and shall be deemed to have granted to Microsoft a
perpetual, irrevocable, non-exclusive, royalty-free, fully paid up, worldwide right and license to: (i) make, have made, use,
copy, reproduce, have reproduced, sell, have sold, import, display, distribute, license, translate, publicly perform, create
Derivative Technology of, broadcast, transmit, sell, offer to sell, rent, lease, lend and otherwise exploit the Sponsored
Research Technology (and Derivative Works thereof) in association with Microsoft products and/or services; and (ii)
sublicense the foregoing rights to third parties, including the right to grant further sublicenses, all in association with
Microsoft products and/or services.
1.11: "Sponsored Research Technology" shall mean all developments, designs, concepts, techniques, inventions,
discoveries, and works of authorship developed by University in the course of and arising out of the performance of a
Research Project, including without limitation all University Patents and/or University Copyrights therein.
1.4: "Derivative Technology" means: (a) for copyrightable or copyrighted material, any translation (including translation
into other computer languages), port, modification, correction, addition, extension, upgrade, improvement, compilation,
abridgement or other form in which an existing work may be recast, transformed or adapted; (b) for patentable or
patented material, any improvement thereon; and (c) for material which is protected by trade secret, any new material
derived from such existing trade secret material, including new material which may be protected by copyright, patent
and/or trade secret.
I wanted to verify that you agree with this analysis. If so, can I ask Aaron to FedEx me a CD with the sources
for both the desktop & mobile LaunchTile prototypes?
Also, be sure to let me know potential times for a call this week and early next (previous email from me).
Thanks,
JSG
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