EXHIBIT HHH 

Case 2:24-cv-00093-JRG Document 95-20 Filed 10/23/24 Page 1 of 9 PageID #: 4777
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

VIRTAMOVE, CORP.,

Plaintiff,

v.

HEWLETT PACKARD ENTERPRISE 

COMPANY,

Defendant.

Case No. 2:24-cv-00093-JRG 

(Lead Case)

JURY TRIAL DEMANDED

VIRTAMOVE, CORP.,

Plaintiff,

v.

INTERNATIONAL BUSINESS MACHINES 

CORP.,

Defendant.

Case No. 2:24-cv-00064-JRG 

(Member Case) 

JURY TRIAL DEMANDED 

PLAINTIFF VIRTAMOVE, CORP.’S

INITIAL AND ADDITIONAL DISCLOSURES

Pursuant to the agreed Docket Control Order and Federal Rule of Civil Procedure 26(a)(1), 

Plaintiff VirtaMove, Corp. (“VirtaMove”) provides the following Initial Disclosures to Defendant

Hewlett Packard Enterprise Company (“HPE” or “Defendant”). 

The following disclosures are made based on VirtaMove’s current knowledge, information, 

and belief based on a reasonable and good-faith inquiry. VirtaMove reserves the right to 

supplement or amend these disclosures at any time based upon its continuing investigation and 

discovery.

Further, by making these disclosures, VirtaMove does not (1) represent that it is identifying 

every document, tangible thing, or witness possibly relevant to this lawsuit, (2) concede the 

Case 2:24-cv-00093-JRG Document 95-20 Filed 10/23/24 Page 2 of 9 PageID #: 4778
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relevance or admissibility or any of the information provided, or (3) waive its right to object to the 

production of any document or tangible thing disclosed herein on the bases of any privilege, the 

work product doctrine, relevance, undue burden, or any other valid objection, or to seek protection 

under a suitable protective order, agreed to by the parties or issued by the Court under Rule 26(c) 

of the Federal Rules of Civil Procedure, for any information to be provided in discovery in this 

case. Subject to the foregoing, VirtaMove provides the following disclosures:

INITIAL DISCLOSURES

I. CORRECT NAMES OF THE PARTIES TO THE LAWSUIT

“VirtaMove, Corp.” is the correct name of Plaintiff. On information and belief, the correct 

name of the Defendant is International Business Machines Corp.

II. POTENTIAL PARTIES

VirtaMove is currently unaware of any additional potential parties.

III. THE LEGAL THEORIES AND, IN GENERAL, THE FACTUAL BASES OF 

VIRTAMOVE’S CLAIMS

VirtaMove previously provided its Preliminary Infringement Contentions to the Defendant 

based on publicly available information. VirtaMove will provide further detail concerning its legal 

theories and, in general, the factual bases of the disclosing party’s claims after discovery has been 

received from Defendant and/or in connection with appropriate expert witness disclosures.

IV. INDIVIDUALS LIKELY TO HAVE DISCOVERABLE INFORMATION

Based on the information currently available, each individual identified below is believed 

likely to have knowledge of relevant facts. Some of the individuals listed below may have 

information that consists of expert analysis or expert opinion. Identifying such persons below at 

this time shall not constitute a waiver of the right to call on and/or rely on such individuals as 

experts nor does their disclosure below constitute an agreement to commence expert discovery at 

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this time. VirtaMove further reserves the right to identify or call additional or different individuals 

as witnesses if, during the course of discovery and investigation relating to this case, VirtaMove

learns that such additional or different individuals have relevant knowledge.

Name and Contact Information Summary of Information

Nigel W. Stokes* Ownership of the patents-in-suit, licensing 

and other transactions involving the 

patents-in-suit. Financial information 

relating to and marketing for VirtaMove

products and technology. Design and 

development of VirtaMove products and 

technology.

Susan Cameron* Operations of VirtaMove.

Greg O’Connor* Past business of VirtaMove.

Mark Woodward* Design and development of VirtaMove 

products and technology.

Donn Rochette* Conception, reduction to practice, design, 

and development of the patents-in-suit.

Paul O’Leary* Conception, reduction to practice, design, 

and development of the patents-in-suit.

Dean Huffman* Conception, reduction to practice, design, 

and development of the patents-in-suit. 

Defendant’s employees knowledgeable 

about the history, design, and development 

of Defendant’s products and the 

significance of the use by Defendant’s 

products of secure containerized 

applications and user mode critical system 

elements as shared libraries, including 

Ezmeral Runtime Enterprise and HPE 

GreenLake.

The history, design, and development of 

Defendant’s products and the significance 

of secure containerized applications and 

user mode critical system elements as 

shared libraries, including Ezmeral 

Runtime Enterprise and HPE GreenLake 

functionality in those products.

Defendant’s employees knowledgeable 

about the development and use of secure 

containerized applications and user mode 

critical system elements as shared libraries, 

including Ezmeral Runtime Enterprise and 

The value of secure containerized 

applications and user mode critical system 

elements as shared libraries, including 

Ezmeral Runtime Enterprise and HPE 

GreenLake functionality and the role that 

Case 2:24-cv-00093-JRG Document 95-20 Filed 10/23/24 Page 4 of 9 PageID #: 4780
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HPE GreenLake and the role that they play 

in driving demand for Defendant’s 

products.

they play in driving demand for 

Defendant’s products.

Defendant’s employees knowledgeable 

about Defendant’s sale and marketing for 

Defendant’s secure containerized 

applications and user mode critical system 

elements as shared libraries, including 

Ezmeral Runtime Enterprise and HPE 

GreenLake products and factors that affect 

demand for such Defendant product, and 

the role that these factors play in the sale 

and marketing of Defendant’s products.

The factors that affect demand for such 

Defendant product, and the role that these 

factors play in the sale and marketing of 

Defendant’s products.

Defendant’s employees knowledgeable 

about the United States sales of 

Defendant’s products.

The United States sales of Defendant’s 

products, including information about 

revenue and units sold

Eric Brandenburg HPE’s pre-suit interactions with 

VirtaMove

Marc Kitz HPE’s pre-suit interactions with 

VirtaMove

Michael Wright HPE’s pre-suit interactions with 

VirtaMove

Justin Shepherd HPE’s pre-suit interactions with 

VirtaMove

Kevin Lange HPE’s pre-suit interactions with 

VirtaMove

Additionally, VirtaMove incorporates by reference all individuals who may be identified 

during discovery in this matter, including in Defendant’s Initial Disclosures, the parties’ responses 

to interrogatories, and documents produced by the parties and third parties.

No current VirtaMove employee or consultant may be contacted without the prior consent 

of VirtaMove’s counsel. People and entities listed above with asterisks (*) by their name may be 

contacted only through VirtaMove’s counsel.

V. INSURANCE AGREEMENTS

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VirtaMove is not presently aware of any indemnity and insuring agreements under which 

any person or entity carrying on an insurance business may be liable to satisfy part or all of a 

judgment entered in this action or to indemnify or reimburse for payments made to satisfy the 

judgment.

VI. SETTLEMENT AGREEMENTS

VirtaMove is currently unaware of any settlement agreements.

VII. STATEMENT OF ANY PARTY

VirtaMove is currently unaware of any prior, relevant statements made by any party to the

litigation, aside from VirtaMove’s complaint and Defendant’s answer. VirtaMove is continuing its 

investigation and will amend these Initial Disclosures when more information is available to the 

extent needed.

ADDITIONAL DISCLOSURES

I. PATENT RULE 3-1 AND PATENT RULE 3-3

VirtaMove has already complied with the disclosure obligations of P.R. 3-1 and P.R. 3-3 

as to the Asserted Patents for Defendant. VirtaMove incorporates by reference the Preliminary 

Disclosure of Asserted Claims and Infringement Contentions that it served on Defendant herein.

II. DOCUMENTS AND THINGS

VirtaMove has produced or will produce documents, electronically stored information, and 

tangible things in its possession, custody, or control that are relevant to the pleaded claims or 

defenses involved in this action, except to the extent these disclosures are affected by the time 

limits set forth in the Patent Rules for the Eastern District of Texas. 

VirtaMove’s investigation is ongoing, and it reserves the right to identify additional 

documents and to object to the production of any documents described herein on any basis 

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permitted under the Federal Rules of Civil Procedure and any other applicable law or privilege. 

VirtaMove further reserves the right to seek protection under a suitable protective order, agreed to 

by the parties or issued by the Court under Rule 26(c), for any information to be provided by it in 

discovery in this case.

III. STATEMENT OF THE BASIS FOR ANY DAMAGES CLAIMED

VirtaMove seeks damages in an amount adequate to compensate for Defendant’s 

infringement, but in no event less than a reasonable royalty for the use made of the invention by 

Defendant, to be enhanced to the extent that Defendant’s infringement is found to be willful, 

together with attorneys’ fees, costs, and interest as fixed by the Court. VirtaMove intends to rely 

on a damages expert and will therefore provide further computation of damages in connection with 

appropriate expert witness disclosure.

Dated: June 20, 2024 Respectfully submitted,

By: /s/ Daniel B. Kolko

Reza Mirzaie (CA SBN 246953)

rmirzaie@raklaw.com

Marc A. Fenster (CA SBN 181067)

mfenster@raklaw.com

Neil A. Rubin (CA SBN 250761)

nrubin@raklaw.com

James A. Milkey (CA SBN 281283)

jmilkey@raklaw.com

Amy E. Hayden (CA SBN 287026)

ahayden@raklaw.com

Jacob Buczko (CA SBN 269408)

jbuczko@raklaw.com

James Tsuei (CA SBN 285530)

jtsuei@raklaw.com

Christian W. Conkle (CA SBN 306374)

cconkle@raklaw.com

Jonathan Ma (CA SBN 312773)

jma@raklaw.com

Case 2:24-cv-00093-JRG Document 95-20 Filed 10/23/24 Page 7 of 9 PageID #: 4783
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Daniel B. Kolko (CA SBN 341680)

dkolko@raklaw.com

RUSS AUGUST & KABAT

12424 Wilshire Boulevard, 12th Floor

Los Angeles, CA 90025

Telephone: (310) 826-7474

Qi (Peter) Tong (TX SBN 24119042)

RUSS AUGUST & KABAT

4925 Greenville Ave., Suite 200

Dallas, TX 75206

Telephone: (310) 826-7474

Attorneys for Plaintiff VirtaMove, Corp.

Case 2:24-cv-00093-JRG Document 95-20 Filed 10/23/24 Page 8 of 9 PageID #: 4784
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CERTIFICATE OF SERVICE

The undersigned certifies that on June 20, 2024, all counsel of record who are deemed to 

have consented to electronic service are being served with a copy of this document via electronic 

mail.

/s/ Daniel B. Kolko

Daniel B. Kolko

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