FILED CLERK U.S. DISTRICT COURT 1 2 APR 2 I 2011
3 C NTRAL DISTRICI OF CALIFORNIA BY "DEPUTY 4
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7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10
11 MATTEL INC., Case No: CV 04-09049-DOC (RNBx) 12 Plaintiff, 13 v. VERDICT FORM - REDACTED 14 MGA ENTERTAINMENT INC., ET AL. 15 Defendant. 16
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VERDICT FORM We answer the questions submitted to us as follows:
MatteI's Claim for Declaratory Relief 1. Has MatteI proven that it owns the following:
Four Sketches: Yes No TX 5-39, TX 5-40, TX 5-41, TX 5-42 Pitchbook: V TX 1, TX 2, TX 5-102, TX 5-103, TX 5-104, TX 5-105, TX TX 302, TX 323 5-106, TX 5-107, Notarized Drawings: V TX 5-52 (also TX 62-1),5-54 (also TX 62-3), 5-61 TX 62-2),5-55 (als9_ (also TX 62-4),5-62 (also TX 62-5),5-64 (also TX (also TX 62-6), 5--67 62-7), 5-68 (also TX 62-8), 5-70 (also 15 TX 62-9), TX 62-10 through V Fashion Drawings: TX 1107, TX 1108, TX 1109, TX 1110, TX 5-30, TX 5-51, TX 5-96 ~ Sculptural Head and Body Drawings: TX 5-88, TX 5-89 (also 1129), TX 1327, TX 1328 Formalwear Drawings: V TX 5-26, TX 5-27, TX 5-79, TX 5-80, TX 5-81, TX ", TX 5-85, 5-82, TX 5-83, TX 5-84, TX 5-86, TX 5-87, TX 5-108, TX 10-2 ~ Posterboards: TX 3-1 (also TX 779), TX 3-2, TX 3-3, TX TX 791), TX 3-4, TX 3-5 (also 3-6, TX 3-7, TX 3-8, TX 3-9, TX ~ 13 3-10, TX 3-11, TX 3-12, TX 3- V Line Drawings & Notes: TX 5-38, TX 5-46, TX 5-53, TX 5-56, TX 5-58, TX 5-59, TX 5-60, TX 5-63, ,. TX 5-66, TX 5-72, TX 5-73, TX 777, TX 5-43, TX 5-35, TX 5-36, TX 5-37, TX 5-49, TX 5-50, TX 5-65, TX 5-69 V Sculpts: TX 1136A; TX 1141 ~ V" 2. Has MatteI proven that it owns the following:
The idea for the name "Bratz" Yes No The concept for a multi-ethnic V group of hip, urban, edgy, trendy fashion dolls and accessories that are high school friends with attitude, distinctive names, nick names, fashions, personalities, back stories and mascots, as well as teen age girls fashion dolls and accessories, collectively known as "Bratz," including designs for large, V oversized heads and feet, large eyes, large lips, and small, almost non-existent noses, and small bodies.
1 I, __~______._~ ! ..
MatteI's Claim for Copyright Infringement
3. Has Mattei proven that the First Generation Cloe doll (TX 12286), the First Generation Sasha poll (TX 17558), the First Generation Jade Doll (TX 17551), the First Generation Hallidae Doll (TX 17561), the Fonnal Funk Dana Doll (TX 17529), and/or the Ooh La La Cloe Doll (TX 17540) infringed creative works in which MatteI owns a valid copyright? To detennine whether MatteI owns a valid copyright in a particular creative work, refer to your answers to question 1.
Yes ---- No ___~ _ Proceed to Question 4.
4. Has MatteI proven that the First Production Sculpt (TX 17732) and/or the Second Production Sculpt (TX 17733) infringed creative works in which Mattei owns a copyright? To detennine whether Mattei owns a valid copyright in a particular creative work, refer to your answers to question 1.
Yes ----- No_'--- ~__ _ If you answered "no" to questions 3 and ~,~top and proceed to Question 7. If you answered 'yes" to either question 3 or question 4, proceed to complete the Chart in Question 5.
2
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(1) (1) Identify: Identify:
Below Below
Doll Doll
(TX (TX
Doll Doll
doll doll
17551) 17551)
17558) 17558)
121 121
Product Product
17561) 17561)
Doll Doll
gaJlj~ gaJlj~
Generation Generation
First First
(TX (TX
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Jade Jade Generation Generation
(TX (TX Sasha Sasha
First First
Generation Generation (TX (TX
Cloe Cloe
Generation Generation First First I 11. , _.1 --
Formal Funk Dana Doll (TX 17529) Ooh La La ~ CloeDoll le (TX 17540)' First Production Sculpt (TX 17732) Second Production Sculpt (TX 17733),
I' . . ~ 0 e~~ethe fOllo~ingdates, did MatteI discov~should it have discover~hroughthe exercise of reasonable
~~~,diligence, claimed copyright infringement by MGA ~ertainment,Inc., MGA ~ertainment(Hong Kong) Ltd., or Isaac ri)fPLarian? . . "J- Complete each box answers 'yes" or "no" in response~question. "'-, ~e'-, tis Once you make a choice 'CiQJswer 'yes" to any date, then all later tes as to that defendant m Once you make a choice and a "no " as to any date, then all prior da
.her 20, 2003 MGA Entertainment, Inc. MGA Entertainment (HK) Ltd. Isaac Larian
4 [, , --
MatteI's Claim for Trade Secret Misappropriation 7. Has MatteI proven that any of the items listed in the chart in Question 9 are its trade secrets? Yes ~ No ______If no, stop here and go to Question 14. If yes, proceed to Question 8. 8. Has MatteI proven that MGA Entertainment, Inc. and/or Isaac Larian misappropriated any of the listed items that qualify as trade secrets in the chart in Question 9? Yes ------No ~ If no, stop here and go to Question 14. If yes, proceed to complete the Chart in Question 9.
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9. Below is a chart that lists Mattel' s claimed trade secrets. Identify: (1) whether MatteI has proven each entry is a trade secret (answer "YES" or "NO" in column 1). (2) whether MatteI has proven that MGA Entertainment, Inc. misappropriated the claimed trade secret (answer "YES" or "NO" in column 2); (3) whether Mattel has proven that Isaac Larian misappropriated the claimed trade secret (answer "YES" or ''NO'' in column 3); (4) the amount of damages, if any, that MatteI is owed from MGA Entertainment, Inc. for the misappropriation of the claimed trade secret (in column 4); (5) the amount of damages, if any, that Mattel is owed from Isaac Larian for the misappropriation of the claimed trade secret (in column 5); and (6) the total damages, if any, owed to MatteI for the misappropriation of the claimed trade secret (in column 6).
1 2 3 4 5 6 # Description MatteI's DidMGA Did Larian Damages Against. - Damages Total Damages owed to Trade Misappropriate Misapprop MGA against Larian Mattei Secret? ? riate? l. A multi-ethnic group of hip, urban, edgy, trendy teen age girls fashion dolls and accessories, collectively known as NO ",0 NO tV (J "Bratz," including designs for large, JJO /JO oversized heads and feet, large eyes, large lips, and small, almost non- existent noses, and small bodies. The dolls are four high school, multi-ethnic friends with attitude; each have distinctive names, nick names, fashions, personalities, back stories and icons descriptive of the doll's personal mascot. 2. The name "Bratz" used in connection with a multi-ethnic group of hip, urban, flO ,.JO fJo /vo NO NO edgy, trendy teen age girls fashion dolls and accessories, collectively known as
6 1 2 3 4 5 6 # Description Mattei's DidMGA Did Larian Damages Against Damages Total Damages owed to Trade Misappropriate Misapprop MGA against Larian Mattei Secret? ? riate? "Bratz," including designs for large, oversized heads and feet, large eyes, large lips, and small, almost non- <:!. ~~ existing noses, and small bodies. The bo~ ~fO ~ dolls are four high school, multi-ethnic - friends with attitude; each have distinctive names, nick names, fashions, personalities, back stories and icons descriptive of the doll's personal mascot. 3. Sculpt TX 1136A NI) tJtJ tJO -e- -e- ~ 4. Sculpt TX 1141 #JO tJO NO ..e-- -e- 71Jr.O ., b.Jf ~ ., 5. Bratz Hero Shot, TX 302B-00OI NO NO NO -e- e- ...... - 6. The following Bratz drawings: TXs 1, 2,3,5-26,5-27,5-79,5-81,5-82,5-83, 5-84, 5-30, 5-52, 62, 5-88, 5-35, 5-36, 5-37,5-38,5-39,5-40,5-41,5-42,5-43, 5-46, 5-49, 5-50, 5-53, 5-54, 5-55, 5-56, 777,5-58,5-59,5-60,5-61,5-62,5-63, 5-64, 5-65, 5-66, 5-67, 5-68, 5-73, 5-72, 5-70,5-69,779,5-107,5-106,5-103,5- 104, 791, 5-108, 5-85, 719, 10-2,5-80, 5-86,5-87,5-89 (also 1129), 10-3,5- 102,5-105, 1107, 1108, 1109, 1110, 1327, 1328,5-96,302,323-4 through 323-35 7. Barbie 2005 Preliminary Line List: TX 7104 y~s JJD tJO -9- --8- 2RrtO 8. Viability Testing Report: TX 6739 "e~ NO NO ...er ..a- ?-~
7 ,[ , ... J
1 2 3 4 5 6 # Description Mattei's DidMGA Did Larian Damages Against Damages Total Damages owed to Trade Misappropriate Misapprop MGA against Lanan Mattei Secret? ? nate? 9. International Overview Strategic Plan S Meetings Document: TX 24033 yt No 1'40 .e- .£r- 2!ef-c> 10. Forecasting and Inventory Management Documents: TX 7168 tJ° NtJ NO -G- er zelUJ II. Forecasting and Inventory Management .,e,- Documents: 7169 ,JO ND ~O -e-- ~ 12. Forecasting and Inventory Management Documents: TX 7170 IJO NO NO ~ -e- ~ 13. Forecasting and Inventory Management Documents: TX 7171 NO ~o NO ~ -t::r -:z...e/Lo 14. Forecasting and Inventory Management Documents: TX 7172 t; fJO tJO NO ~ -t!7- ;Z.e(l.o 15. Forecasting and Inventory Management Documents: TX 7173 rJO rJ{} NO -e- -er .z.e~ 16. Forecasting and Inventory Management Documents: TX 7174 tlO NO tJo -a- -B- z.elLo 17. Forecasting and Inventory Management Documents: TX 7175 tJ(j 1'10 ,JO -GJj- -6- Ze/<.o 18. Forecasting and Inventory Management Documents: TX 7176 ~O tJl) ~O -er -C>- 2.el2.o 19. Forecasting and Inventory Management Documents: TX 7177A rJO 110 ND -e- -0- 2,e/i...o 20. Forecasting and Inventory Management Documents: TX 7178 NO NO NO 4- -e- :Ze~G 2I. Forecasting and Inventory Management Documents: TX 7179 ~O tJO tJO -e- -G- zel'J..O 22. Forecasting and Inventory Management Documents: TX 7180 NO tJo tJo ~ -G- 'Z:e/l..e) 23. Forecasting and Inventory Management ;""'Y\~• It:. n~ ~~ , r~
8 1 2 3 4 5 6 # Description MatteI's DidMGA Did Larian Damages Against Damages Total Damages owed to Trade Misappropriate Misapprop MGA against Larian MatteI Secret? ? riate? Documents: TX 7181 NO NO NO e ...e- *'2~"'o 24. Forecasting and Inventory Management Documents: TX 7182 tJ() rio NO -6- ,e- :zeRo 25. Forecasting and Inventory Management Documents: TX 7183 NO NO No -G -e- ze(U!) 26. Forecasting and Inventory Management . ,Jo Documents: TX 7184 NO tit) -e- -e- zeA-o 27. Forecasting and Inventory Management Documents: TX 7185 NO tJo NO -C7 -9- ze.t<.CJ 28. Forecasting and Inventory Management Documents: TX 7186 ND ,J" ,.JD -8- -9- ze/l..O 29. Forecasting and Inventory Management Documents: TX 7187 fJO Jo tJO -0- -e- :z.e{(..o 30. Forecasting and Inventory Management Documents: TX 7188 tJo NO ,Jo -6- 4- -:ze(J...(J 31. Forecasting and Inventory Management Documents: TX 7189 rJO NO tJa -e .g- Z-Q./l-O 32. Forecasting and Inventory Management Documents: TX 7191 tJO tit> tic) -e- -G- .;;?elU) 33. Forecasting and Inventory Management I'll> ,JtJ Documents: TX 7192 ';0 -G- e- z.elto 34. Forecasting and Inventory Management Documents: TX 7193 tit; Nd ..0 ..a- zelLO 35. Forecasting and Inventory Management "'0 Documents: TX 7194 MO NO NO ~- -a- ::z.e/J-O 36. Forecasting and Inventory Management Documents: TX 7195 NO NO No --0 -e- Z-etU:J 37. Forecasting and Inventory Management ..g-- Documents: TX 7197 rJO riC) NO -G- .,;z.e/~.:O
9 1 2 3 4 5 6 # Description Mattei's DidMGA Did Larian Damages Against Damages Total Damages owed to Trade Misappropriate Misapprop MGA against Larian Mattei Secret? ? riate? 38. Forecasting and Inventory Management ~e~O Documents: TX 7203 YeS f.-lO, tJ{) 0'" -0- • 39. Forecasting and Inventory Management ;;2e'-("o Documents: TX 7204 tJO I'll> tiD ~ -e- 40. Forecasting and Inventory Management Documents: TX 7207 yeS Nfl NO -c:r -e ::ze..~O 41. Forecasting and Inventory Management Documents: TX 7210 yes NlJ Nb -e- -e- ze~o 42. Forecasting and Inventory Management -8)- Documents: TX 7211 yes Nil tie; -0 ;;?e~O 43. Forecasting and Inventory Management Documents: TX 7212 '1es; rJD NO e!r -e- :2.~D 44. Forecasting and Inventory Management • Documents: TX 7218 yeS f{D Na -er -0 2el
10 1 2 3 4 5 6 ,. # Description MatteI's DidMGA Did Larian Damages Against Damages Total Damages owed to Trade Misappropriate Misapprop MGA against Larian MatteI Secret? \ ? rillte? Documents: TX 7228 ·Nil NO NO ~ {) ~ 53. Forecasting and Inventory Management Documents: TX 7230 rJ'D N'b ND 4J ¥ ~ 54. Forecasting and Inventory Management Nt> Documents: TX 7232 ~() Nt> ¥ % ~ 55. Forecasting and Inventory Management Documents: TX 7233 1'10 ND f'.)D k iF ~~ 56. Forecasting and Inventory Management Documents: TX 7234 tJO N6 N'D .ff Af V~ 57. Forecasting and Inventory Management Documents: TX 7236 ,tolD No Nt> ~ 1Y .~ 58. Forecasting and Inventory Management Documents: TX 7237 NO ~(J N1) ;b" J?f ~ 59. Forecasting and Inventory Management Documents: TX 7239 NO ~t Nb k X -Z&fbb 60. Forecasting and Inventory Management Documents: TX 7240 NO ~O t'-lD % ¥' ~ 61. Forecasting and Inventory Management Documents: TX 7241 ~O ~D Nb g )? .~ 62. Forecasting and Inventory Management Documents: TX 7242 l'1D tJrJ NO ~ ¥ lr~' 63. Forecasting and Inventory Management Documents: TX 7243 :~O ~O ~{) ~ y ~. 64. Forecasting and Inventory Management Documents: TX 7245 NO tJo f'll> % ~ -u:to 65. Forecasting and Inventory Management Documents: TX 7246 rJO tJO NU fir .fr ~~ 66. Forecasting and Inventory Management ).]1 () NO ty Documents: TX 7247 f'JO 17 ~
11 1 2 3 4 5 6 - I # Description Mattei's DidMGA Did Larian Damages Against Damages Total Damages owed to Trade Misappropriate Misapprop MGA against Larian Mattei Secret? ? riate? 67. Forecasting and Inventory Management if.J1) Documents: TX 7248 ~t> ~b -er .~ ~ 68. Forecasting and Inventory Management Documents: TX 7249 NO ~ ~t At 11 ~ 69. Forecasting and Inventory Management Documents: TX 7252 ~1) ~ ~~ 45 ~ I~ 70. Forecasting and Inventory Management I Documents: TX 7253 ~'()~1l f'11) ~ A1 -Zed20 71. Forecasting and Inventory Management jr Documents: TX 7254 ~t ~1) ~O % -pefliJ 72. Forecasting and Inventory Management Documents:: TX 7255 Nb ~1> \'l~ ¥ Jf l£1l:o 73. Forecasting and Inventory Management Documents:: TX 7256 f'% ~fi ~t) 11' )J 7itP-o 74. Forecasting and Inventory Management Documents: TX 7258 ~D No ~~ k % &-/4-0 75. Forecasting and Inventory Management r;,. ylfP>. Documents: TX 20474 tJl) pt ~O f( ff 76. Forecasting and Inventory Management Documents: TX 23696 ~1) tl1) ~"() 1J ;pJ ~ 77. Forecasting and Inventory Management Documents: TX 23697 ~t ~n ~t) Pr 1f ~et:o 78. Forecasting and Inventory Management Documents: TX 23698 Nt ~U ~o -t? ff V~ 79. Forecasting and Inventory Management ;f{ Documents: TX 23699 ,\~t~O ~{) 11 ~ 80. Forecasting and Inventory Management Documents: TX 26939 t-JD ~O ~O 'T:Y % ~
12 10. What is the total amount owed to Mattei, if any, on its claim for trade secret misappropriation? MGA Entertainment, Inc. $ m..o (total of all amounts in column 4) Isaac Larian $ -z.eg.o (total of all amounts in column 5) Total amount owed to MatteI $ -z,e:tO (total of all amounts in column 6)
11. On or before the following dates, did MatteI discover, or should it have discovered through the exercise of reasonable diligence, facts that would have caused a reasonable person to suspect that MGA Entertainment, Inc. or Isaac Larian had misappropriated any Bratz-related concepts and works? Complete each box with the answers 'yes" or "no" in response to this question. Once you make a choice and answer 'yes" to any date, then all later dates as to that defendant must be marked 'yes. " Once you make a choice and answer "no" as to any date, then all prior dates as to that defendant must be marked "no.
MGA Entertainment, Inc. Isaac Larian
13 12. Has MatteI proven that MGA Entertainment, Inc. or Isaac Larian used improper means to acquire any of the following claimed trade secrets? (answer "YES" or ''NO'' in each box)
MGA Entertainment~Inc. Isaac Larian A multi-ethnic group of hip, urban, edgy, trendy teen age girls fashion dolls and accessories, collectively known as "Bratz," including designs for large, oversized heads and feet, large eyes, large lips, and small, almost non-existent noses, and small bodies. The dolls are four high school, multi-ethnic friends with attitude; each have No ~ distinctive names, nick names, fashions, personalities, back stories and icons descriptive of the doll's personal mascot. The name "Bratz" used in connection with a multi-ethnic group of hip, urban, edgy, trendy teen age girls fashion dolls and accessories, collectively known as "Bratz," including designs for large, oversized heads and feet, large eyes, large lips, and small, almost non-existing noses, and small bodies. The dolls are four high school, multi- ND ~O ethnic friends with attitude; each have distinctive names, nick names, fashions, personalities, back stories and icons descriptive of the doll's personal mascot. Sculpt TX 1136A 1'IT) k)6
Sculpt TX 1141 NO ~1) Bratz Hero Shot, TX 302B-00OI fJ() ND The following Bratz drawings: TXs 1,2,3,5-26,5-27,5-79,5-81,5-82,5-83,5-84, 5-30,5-52,62,5-88,5-35,5-36,5-37,5-38,5-39,5-40, 5-41, 5-42, 5-43, 5-46, 5-49, 5-50, 5-53, 5-54, 5-55, 5-56, 777, 5-58, 5-59, 5-60, 5-61, 5-62, 5-63, 5-64, 5-65, 5-66, ~O 5-67,5-68,5-73,5-72,5-70,5-69,779,5-107,5-106, 5-103, 5-104, 791, 5-108, 5-85, ~ 719, 10-2,5-80,5-86,5-87,5-89 (also 1129), 10-3,5-102,5-105, 1107, 1108, 1109, 1110, 1327, 1328,5-96,302,323-4 through 323-35 I
13. Has MatteI proven by clear and convincing evidence that MGA Entertainment, Inc. and/or Isaac Larian acted willfully and maliciously in the misappropriation of any trade secrets?
~ ~ ~ MGA En~ertainment,Inc. ~ Isaac Lanan
14 MGA's Claim for Trade Secret Misappropriation
14. Has MGA E~rtainment,Inc. proven that any of the items listed in the chart in question 16 are its trade secrets? Yes V No ----- If no, stop here and go to Question 20. If yes, proceed to Question 15.
15. Has MGA Entertainment, Inc. proven that MatteI, Inc. misappropriated any of listed items that qualify as trade secrets in the chart)p Question 16? Yes __ V~__ No ____ _ If no, stop here and go to Question 20. If yes, proceed to complete the chart in Question 16.
15 16. Below is a chart that lists MGA Entertainment. Inc.'s claimed trade secrets. Identify: (1) whether MGA Entertainment, Inc. has proven each entry is a trade secret (answer "YES" or ''NO'' in column 1). (2) whether MGA Entertainment, Inc. has proven that Mattel, Inc. misappropriated the claimed trade secret (answer "YES" or "NO" in column 2); (3) whether MGA Entertainment, Inc has proven that Mattel, Inc. used improper means to acquire the claimed trade secrets (answer "YES" or "NO" in column 3); (4) the amount of damages, if any, that MGA Entertainment, Inc. is owed from Mattel, Inc. for the misappropriation of the claimed trade secret (in column 4).
1 2 3 4 # Description Trade Did Mattei Improper Total Damages owed to
Secret? Misappropri Means? MGA Entertainment2 Inc. ate? 1. The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for Bratz Mobile Vt$? ~&J'iWl ~~,.'f~ l iL...l.-t otJ 2. The appearance, operation, intended play pattern, plans to I I advertise on television, and FOB pricing for Bratz Styl' It I~~ \ilL-- Collection ~efJ'iffJ ~3.. r 3. The appearance, operation, intended play pattern, and (N'D plans to advertise on television for Bratz Boys ND NO ~ 4. The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for Bratz 'ye) rt\(L..- WinterWonderland Collection "- ~ 0 ~ 3·i I 5. The appearance, operation, intended play pattern, plans to '/ advertise on television, and FOB pricing for Bratz Formal ,..-&7 ~ ~ 3· J1M(L.. Funk Collection " ,~ ~~7 6. The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for Bratz Runway \/~ 1, 3.Lff:v\iL Formal Funk Collection \ ~e,7let; 7. The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for Bratz FM "- oC7 C; ![e) ~ 3. If#Yll~ Limo .
16 1 2 3 4 # Description Trade Did MatteI Improper Total Damages owed to Secret? Misappropri Means? MGA Entertainmen~Inc. ate? 8. The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for Bratz j, 3. ~ .11~ Motorcycle 7t7 1~ f~ 9. The appearance, operation, intended play pattern, plans to I advertise on television, and FOB pricing for Bratz Pet i-e~t~ e6 ~ -3..'f' kU...... Assortment 10. The appearance, operation, intended play pattern, and I plans to advertise on television for Bratz City Playsets ~ f\.)D ~O 4r II. The appearance, operation, intended play pattern, and
plans to advertise on tel~visionfor Lil' Bratz Slumber Party NO NO ~O 4r 12. The appearance, operation, intended play pattern, and plans to advertise on television for Lil' Bratz Spring Break NO ~o ('tn 4J' 13. The appearance, operation, intended play pattern, and plans to advertise on television for Lil' Bratz Loungin' &IT" Loft ~G ~() ~D 14. The appearance, operation, intended play pattern, plans to I advertise on television, and FOB pricing for Lil' Bratz I .~.~ \-ttL- I Vehicle Assortment 1~ y~ . ]7 3~* 15. The appearance, operation, intended play pattern, plans to f , ~ advertise on television, and FOB pricing for Lil' Bratz 4)13 ~\f \"\\L-- Deluxe Mall Playset ,~~ \ lt0 ~~ 16. The appearance, operation, intended play pattern, and \1( L--- I \ 3.l.\" ! plans to advertise on television for Bratz Petz 'fh ~fh~1e0' j\; 17. The appearance, operation, intended play pattern, and ,~O !NO plans to advertise on television for Lil' Bratz Dance Party NO ;if' I 18. The appearance, operation, intended play pattern, and \-il(..... I plans to advertise on television for Dazzlin' Disco Cafe Yt~ \I~ ~2 t)~·tt 19. The appearance, operation, intended play pattern, and " \J(h '.~? ~.th It ':?,l{ nAV! / ~ , I 17 1 2 3 4 # Description Trade Did MatteI Improper Total Damages owed to Secret? Misappropri Means? MGA Entertainmen~Inc. . ate? plans to advertise on television for Sun Kissed Summer 20. The appearance, operation, intended play pattern, and plans to advertise on television for Girls Nite Out 1'I£fJ j~ Yrlh '.1>~ -t tt L,~ 21. The appearance, operation, intended play pattern, and f ,I / plans to advertise on television for Wild Life Safari if :;"t r-tGL... Collection ~e17\7; \ '-~ 22. The appearance, operation, intended play pattern, and ~ I Y-G.5 ,.~3_l{ \-tlV plans to advertise on television for Bratz Diamondz ~~ ,,~ 23. The appearance, operation, intended play pattern, and f plans to advertise on television for Bratz Sportz NO tf'JO ND -fY 24. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz Virtual Buddiez j~S -.~~,t Klv Petz 'fe7 j6 25. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz Live In Concert N-o NO tJtO k 26. The appearance, operation, intended play pattern, and ~() plans to advertise on television for Midnite Dance ~'e tJO ~ 27. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz Campfire 'i\f5 'lJ?S .~ 3,.4--l--tllv 1 28. The appearance, operation, intended play pattern, and '*~I, I ,~~ \' It'g-~ Hll/ plans to advertise on television for Wild Wild West ~e7 .~.31'f . .' 29. The appearance, operation, intended play pattern, and I \~ plans to advertise on television for Bratz Rock Angels leh \}.~7 " '~
18 1 2 3 4 # Description Trade Did Mattei Improper Total Damages owed to Secret? Misappropri Means? MGA Entertainmen!2 Ioc. ate? Makeover game (St.e. PliO"- ~) 33. The appearance, .operation, intended play pattern, fuld plans to advertise on television for Hopscotch Heather /VO ~O ~O -G 34. The appearance, operation, intended play pattern, and plans to advertise on television for Dream Baby NO NO 1'10 -e- 35. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz No NO -e-- 36. The appearance, operation, intended play pattern, and "'0 plans to advertise on television for Jumpin Jenny NO NO NO -e- 37. The appearance, operation, intended play pattern, and plans to advertise on television for Scooter Samantha NO No NO -e- 38. The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for Hello Kitty NO NO 1\10 -0 Be Beautiful Matchmaker Journal and Virtual Crush 39. The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for iCandy NO NO NO ~ 40. The appearance, operation, intended play pattern, plans to NJO advertise on television, and FOB pricing for Liar Liar '1~S NO -e--- 41. The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for Monkey See ~~5 '/~S Monkey Do 'Ilh " :1. Lf rn/'J 42. The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for A New Breed NO N.O -e- and Palm Puppies ys 43. The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for Hello Kitty NO e- Scooter ,/-tS rJ° 44. The appearance, operation, intended play pattern, plans to NO' -0- Insect()~otsytS NO advertise on television, and FOJ:Lpricing for -L------
19 1 2 3 4 # Description Trade Did Mattei Improper Total Damages owed to Secret? Misappropri Means? MGA Entertainmen!2 Inc. ate? 45. The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for Monster NO NO -e- Surgery Yffi 46. The appearance, operation, intended play pattern, plans to , advertise on television, and FOB pricing for My Beautiful j'feS NO ~O Mennaid ..e- 47. The appearance, operation, intended play pattern, and plans to advertise on television for Hulk Two-Way Radios NO NO NO e· 48. The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for Musikids yrs No NO -e- 49. The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for Lil' Bratz yes ,/~S·'Y€,S 13.11 mil Boyz 50. The appearance, operation, intended play pattern, and plans to advertise on television for My Beautiful Ballerina NO NO No -e- 51. The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for Pia Back to yes NO tJo -e- School i 52. The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for Jumpin' on 'ItS tJo NO -0 the Bed Bouncin' Baby 53. The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for Rachel LuI A No ,..1'0 -0- Bye Baby ~S 54. The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for RC Street y:es No NO -e-
Flyer Samantha I 55. The appearance, operation, intended play pattern, plans to ! NO ~e I advertise on television, and FOB pricing for Walk 'n Go yes tJo I
20 1 2 3 4 # Description Trade Did MatteI Improper Total Damages owed to Secret? Misappropri Means? MGA Entertainmen~Inc. r ate? Jo Jo (c=;ee orio('"" rY1~e.'\ 56. The appearaiice, operation, intended play pattern, plans to NO advertise on television, and FOB pricing for Bead Palace '}eS, NO -e- 57. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz Stylin' Dance NO Party NO N° -0- 58. The appearance, operation, intended play pattern, and plans to advertise on television for Alien Racers 'Jts ves ,,'eS, $3·Lf MIl 59. The appearance, operation, intended play pattern, and plans to advertise on television for Micro Blast Jet Skis NO ~O NO -e 60. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz Luscious NO LamplAlann Clocks NO NO -0 61. The appearance, operation, intended play pattern, and plans to advertise on television for Flower Fairies NO NO NO -(3 62. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz Internet Cafe NO NO Playset NO -0 63. The appearance, operation, intended play pattern, and NO plans to advertise on television for Bratz Retro Cafe NO f'.D e I 64. The appearance, operation, intended play pattern, and I 0 ! NO NO I plans to advertise on television for Lil' Bratz NO I Transfonning Bedroom 65. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz Girls Nite Out ,ves 'Je5, yes it 3.~mil 66. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz Kidz y.eS \Jes yes $ 3·Lf mt I 67. The appearance, operation, intended play pattern, and . plans to advertise on television fOJ,"High School Cool rJO NO NO -e--
21 1 2 3 4 # Description Trade Did Mattei Improper Total Damages owed to
Secret? Misappropri Means? MGA Entertainment2 Inc. ate? 68. The appearance, operation, intended play pattern, and - plans to advertise on television for Bratz Rodeo NO NO NO -8- 69. The appearance, operation, intended play pattern, and plans to advertise on television for Passion for Fashion 'liS, v.es \leS, $3·4 W\\l 70. The appearance, operation, intended play pattern, and t plans to advertise on television for Bratz Baby Sisterz NO NO NO -e 7l. The appearance, operation, intended play pattern, and . plans to advertise on television for Talking Bratz NO NO NO -9 72. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz Costume NO NO NO -8 73. The appearance, operation, intended play pattern, and NO plans to advertise on television for Bratz on Ice NO No -e 74. The appearance, operation, intended play pattern, and I plans to advertise on television for Holiday Doll NO ftX) NO -G 75. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz Play Sportz NO ,JO NO --G- Teamz 76. The appearance, operation, intended play pattern, and ! plans to advertise on television for Bratz Couture tv,O NO No -e 77. The appearance, operation, intended play pattern, and plans to advertise on television for Story Time Princess NO NO --e-- Collection Fashion Dolls I'tJ 78. The appearance, operation, intended play pattern, and (!) plans to advertise on television for Story Time Classics NO NO NO Collection Mini Dolls 79. The appearance, operation, intended play pattern, and plans to advertise on television for Yummi-Land Soda Pop No NO NO 0 Girls 80. The appearance, operation, intended play pattern, and ~ lJO NO NO ""lI; ,J
22 1 2 3 4 , # Description Trade Did Mattei Improper Total Damages owed to Secret? Misappropri Means? MGA Entertainmen!2 Inc. ate? plans to advertise on television for Marvel Super Heroes ...... Die-Cast Vehicles (~RP("tDY ~e 81. The appearance, operation, intended play pattern, and plans to advertise on television for Spider-Man & Friends NO NO NO Crime Cruiser RIC -e- 82. The appearance, operation, intended play pattern, and plans to advertise on television for Spider-Man Fire NO NO ~O Rescue RIC -0 83. The appearance, operation, intended play pattern, and plans to advertise on television for Land Sea RIC AXI NO N'O Me -8-' Trespass 84. The appearance, operation, intended play pattern, and NO , plans to advertise on television for 6 Foot Bratz Puzzles NO No -e 85. The appearance, operation, intended play pattern, and plans to advertise on television for I-Petz ND No 'No -e 86. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz Mobile Phones No NO we ,-(27- 87. The appearance, operation, intended play pattern, and plans to advertise on television for Muichiz No NO NO -6- 88. The appearance, operation, intended play pattern, and plans to advertise on television for Baby Bratz ND IV) NO -e 89. The appearance, operation, intended play pattern, and I plans to advertise on television for Bratz Pretty N' Punk NO tJo NO -G 90. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz Fabulous NO NO NO e 91. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz Treasures !VO NO NO -e 92. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz direct to Video !VO NO No 0 - -- _I...... -.. ------
23 , 1 2 3 4 # Description Trade Did Mattei Iml!rol!er Total Damages owed to Secret? Misal!l!rol!ri Means? MGA Entertainmen~Inc. r ate? movie with Twentieth Century Fox (/~ C ("IDC ::>CLO\P \ , , ~ 93. The appearance, operation, intended play pattern';- and J plans to advertise on television for Bratz music album with ~iG NO bJO -0 Universal Music Enterprises 94. The appearance, operation, intended play pattern, and plans to advertise on television for Livin' Bratz ND NO NO -e- 95. The appearance, operation, intended play pattern, and plans to advertise on television for Giddy Up Girl }NO- NO NO e 96. The appearance, operation, intended play pattern, and plans to advertise on television for Toby JJo No NO --e- 97. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz Babies AlO Ala NO --e- 98. The appearance, operation, intended play pattern, plans to advertise on television for, and FOB pricing Lil' Bratz yes tVO NO -e- 99. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz plug and play NO Nt; NO e 100. The appearance, operation, intended play pattern, and plans to advertise on television for Lil' Bratz Stylin' NO NO tJO -D Sticker Maker 101. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz Candyz NO No NO e 102. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz DynaMite NO tJo NO e 103. The appearance, operation, intended play pattern, and plans to advertise on television for Petz Campfire NO NO NO C5. 104. The appearance, operation, intended play pattern, and plans to advertise on television for Oooh La La NO tJO tJO --tr 105. The appearance, operation, intended play pattern, and NO plans to advertise on television for Ponyz NO NO e -- -
24 1 2 3 4 , # Description Trade Did Mattei Improper Total Damages owed to Secret? Misappropri Means? MGA Entertainmen~Inc. ate? 106. The appearance, operation, intended play pattern, and plans to advertise on television for Twiinz tJO NO NO --e- 107. The appearance, operation, intended play pattern, and /NO plans to advertise on television for Bratz digital camera NO No -e- 108. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz miniature radio NO NO NO ~ 109. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz MP3 player NO NO NO ~ 110. The appearance, operation, intended play pattern, and g plans to advertise on television for Bratz furniture NO ~ ;NO 111. The appearance, operation, intended play pattern, and f\JO plans to advertise on television for Bratz doll display NO NO - 0 112. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz bath and beauty AlO NO NO products -e 113. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz stationary A/O NO NO -9- 114. The appearance, operation, intended play pattern, and plans to advertise on television for Bratz remote control No tJO ---e-, Kendall )/0
25 ~
the
&!!U3!iQJ
has
and
through
MatteI
misappropriation?
willfully
that
discovered
secret
acted
have
suspect
it
Inc.
trade
to
for
should
MatteI,
person
or
claim
that
its
on
discover,
reasonable
any,
a
evidence
if
Inc.
Inc.,
caused
16?
convincing
have
26
secrets?
:tr4-
and
Entertainment,
col~
would
Question
trade
in
clear
Entertainment,
in
that MGA
any
by
of
did
MGA
listed
facts
amounts
to
proven
all
2003,
secrets
of
owed
20,
diligence,
trade
(total
misappropriation
amount
any
.
the
November
total
in
reasonable
j
Entertainment, Inc.
the of
V
is
before
MGA
or
'6S.5M\\
-----
Wh~t
$
On
exercise
misappropriated
Yes No
Has
maliciously yesL No
17.
18.
19.
i3reiO#".\""
......
!u~~~ MatteI's Claim for Intentional Interference with Contractual Relations
20. Complete the chart below to respond to the following question: Has MatteI, Inc. proven that MGA Entertainment, Inc. intentionally interfered with MatteI, Inc.'s contractual relations with any of the following individuals: Yes No Contractual Relations with Carter Bryant ~ Contractual Relations with Ana Cabrera V Contractual Relations with Beatriz Morales V Contractual Relations with Maria Salazar V
21. Complete the chart below to respond to the following question: Has MatteI, Inc. proven that Isaac Larian intentionally interfered with MatteI, Inc.'s contractual relations with any of the following Individuals: Yes No Contractual Relations with Carter Bryant V Contractual Relations with Ana Cabrera L Contractual Relations with Beatriz Morales ~ Contractual Relations with Maria Salazar ------~- - If your answer is 'yes" to Question 20 or 21, proceed to Question 22.
27 for
"yes"
Larian
.;
Larian
c:
reasonable
marked
cc
()
00
Isaac
of
marked Isaac _
be
or
CJ c.
or
{/ be
0
0
must
Inc. Q
000_
0 Inc.
\. must
exercise
Amount
0
5~
~
the J
ttp ~
3
below- _ defendant through that lines Entertainment, Entertainment, that to the to as Relations on MGA as MGA . discovered dates question. Foreperson date that dates against this ?'1d have - Jury prior Contractual it to later 3 and all suspect sign all with to Inc. then should then response should or person in date, MatteI, . date, jury 28 . to any Interference "no" the any to discover, of or to relations? 1 as award reasonable relations? a -- MatteI you 'yes" "yes" "no" Intentional do did I for foreperson caused contractual , any, contractual answer answer the its answers if dates, have Mattei ~ and and the with ,.,~ to Inc. would with Inc. damages, choice choice following completed, Owed that a r:2Jj) a box of is the interfered interference with facts each make make fonn Entertainment, Amount Larian amount before you you Entertainment, Larian or MGA Isaac Total fltvv.;t verdict What intentional On diligence, intentionally Complete Once "no Once MGA Isaac this 22. 23. Once DATED: