tERK U.S. DISTRICT COURT lfR 2 · 4/21/2011 · The concept for a multi-ethnic group of hip, urban, edgy, trendy fashion dolls and accessories that are high school friends with attitude,

Case 2:04-cv-09049-DOC -RNB Document 10518 Filed 04/21/11 Page 1 of 29 Page ID #:318351

1

2

3

4

5

6

7

8

9

10

FILED tERK U.S. DISTRICT COURT

lfR 2 I 2011

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

11 MATTEL INC., Case No: CV 04-09049-DOC (RNBx)

12 Plaintiff,

13 v.

14 MGA ENTERTAINMENT INC., ET AL.

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Defendant.

VERDICT FORM -REDACTED

www.CopyrightEm.com

Case 2:04-cv-09049-DOC -RNB Document 10518 Filed 04/21/11 Page 2 of 29 Page ID #:318352r

f 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: TX 5-39, TX 5-40, TX 5-41, TX 5-42 Pitchbook: TX 1, TX 2, TX 5-102, TX 5-103, TX 5-104, TX 5-105, TX 5-106, TX 5-107, TX 302, TX 323 Notarized Drawings: TX 5-52 (also TX 62-1), 5-54 (also TX 62-2), 5-55 (alsg_. TX 62-3), 5-61 (also TX 62-4), 5-62 (also TX 62-5), 5-64 (also TX 62-6), 5-67 (also TX 62-7), 5-68 (also TX 62-8), 5-70 (also TX 62-9), TX 62-10 through 15 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: TX 5-26, TX 5-27, TX 5-79, TX 5-80, TX 5-81, TX 5-82, TX 5-83, TX 5-84, TX 5-85, 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 3-4, TX 3-5 (also TX 791), TX 3-6, TX 3-7, TX 3-8, TX 3-9, TX 3-10, TX 3-11, TX 3-12, TX 3-13 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 Sculpts: TX 1136A; TX 1141

2. Has Mattei proven that it owns the following:

The idea for the name "Bratz" The concept for a multi-ethnic 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, oversized heads and feet, large eyes, large lips, and small, almost non-existent noses, and small bodies.

1

Yes No

v v v ~

v ~

~

v ~

v~ ~

V"

Yes No v

v'

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 3 of 29 P

age ID #:318353

Mattei's Claim for Copyright Infringement

3. Has Mattei proven that the First Generation Cloe doll (TX 12286), the First Generation Sasha Doll (TX 17558), the First

Generation Jade Doll (TX 17551), the First Generation Hallidae Doll (TX 17561), the Formal 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 determine

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 determine 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 4, stop 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

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 4 of 29 P

age ID #:318354

Below is a chart that identifies each allegedly infringing product Identify: (1) the specific creative works that the product infringes (identify the creative works by writing in their corresponding

exhibit numbers into column 1) (2) whether MGA Entertainment, Inc. is liable for that product's infringement (in column 2); (3) whether Isaac Larian is liable for that product's infringement (in column 3); (4) whether MGA Entertainment (Hong Kong) Limited is liable for that product's infringement (in column 4); (5) the amount of damages, if any, owed to Mattei by MGA Entertainment, Inc. for that product's infringement (in column

5); (6) the amo of damages, if any, owed to Mattei by MGA ertainment (Hong Kong) Limited for that product's

infringement · column 6); ' (7) the amount of dam es, if any, owed to Mattei by aac Larian for that product's infringement (in column 7); (8) The total amount of d ges, if any, owed to attel for that product's infringement (in column 8);

Product

First Generation Cloe doll (TX 12 First Generation Sasha Doll (TX 17558) First Generation Jade Doll (TX 17551) First Generation :WaUida& v4 Doll (TX f' 17561)

Larian liable?

3

MGAE Dama es

Total Damages

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 5 of 29 P

age ID #:318355

Formal Funk Dana Doll (TX 17529) OohLaLa Cloe Doll \:9 (TX 17540). First Production Sculpt (TX 17732) Second Production Sculpt (TX 17733)

. . ~n o e:~re the. follo~ing dates, did Mattei discov , or should it have discover through the exercise of reasonable

~~ ~, diligence, claimed copyright infringement by MGA ertainment, Inc., MGA E ertainment (Hong Kong) Ltd., or Isaac

trD"J? Larian? ~' . 'J- Complete each box ~e answers "yes" or "no" in response t his question. '·

Once you make a choice 'tl(lswer "yes" to any date, then all later tes as to that defendant m be marked 'yes. "

Once you make a choice and a "no" as to any date, then all prior da as to that defendant mus

her 20,2003 MGA Entertainment, Inc. MGA Entertainment (HK) Ltd. Isaac Larian

4

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 6 of 29 P

age ID #:318356

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.

5

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 7 of 29 P

age ID #:318357

#

1.

2.

9. Below is a chart that lists Mattei'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 Mattei 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 Mattei 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?

A multi-ethnic group ofhip, urban, edgy, trendy teen age girls fashion dolls and accessories, collectively known as

NO fJO NO JJO ,.JO N() "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 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 ofhip, urban, f}fJ tJ(} fJO NO /JO NO edgy, trendy teen age girls fashion dolls and accessories, collectively known as

6

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 8 of 29 P

age ID #:318358

1 2 3 4 5 6

# Description Mattei's DidMGA DidLarian 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,

~ IS\~ .1?~--large lips, and small, almost non- <:!. ~ existing 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.

3. Sculpt TX 1136A /J() I'J(J tJIJ -&- -8- ~ 4. Sculpt TX 1141 IJO t-JO NO ...e- e- "'br-0 5. Bratz Hero Shot, TX 302B-0001 "'" NO f'.,)O ~ ~ .,bA .. ., --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 YLS IJD tJO 7104 -9- -o- '2.~

8. Viability Testing Report: TX 6739 'Ill~ NO NO -8- ..A- -::2 -~ I

7

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 9 of 29 P

age ID #:318359

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?

9. In~mational Overview Strategic Plan yts No tJO -e- .e- ~1-o Meetings Document: TX 24033 10. Forecasting and Inventory Management tJO ND t-10 -e- er ze/U:J Documents: TX 7168 11. Forecasting and Inventory Management

,JO HD NO ..e-- ~ ::zel<.o Documents: 7169 12. Forecasting and Inventory Management

IJO NO NO ~ ~ ~ Documents: TX 7170 13. Forecasting and Inventory Management NO ~0 NO ~ ~ Z£/l-0 Documents: TX 7171 14. Forecasting and Inventory Management

t-JO fJO NO -e.- ,e- ;ze{<.c> Documents: TX 7172 t

15. Forecasting and Inventory Management tJO _b)6 fJO ...e- ~ z:.e~ Documents: TX 7173

16. Forecasting and Inventory Management tlO NO ~0 -e- -b- :z;.e(;..o Documents: TX 7174 17. Forecasting and Inventory Management NO rJO tJo ~ -er- ze~o Documents: TX 7175 18. Forecasting and Inventory Management

~0 NO l'lO -er -e- ~i!_o Documents: TX 7176 19. Forecasting and Inventory Management

~ NO ND ...e-- -O- 2,e../l..O Documents: TX 7177A 20. Forecasting and Inventory Management NO NO NO ~ --e-- ~e_(i_(J

Documents: TX 7178 21. Forecasting and Inventory Management NO tJO tJO -e- ~ zea._o

Documents: TX 7179 22. Forecasting and Inventory Management

~0 tJo rJO c- -G- ~ Documents: TX 7180 23. Forecasting and Inventory Management ~f) -b-· ~ nt:J .LL.I!?_

I v

8

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 10 of 29 P

age ID #:318360

1 2 3 4 5 6


Secret? ? riate?

?-"o fJO No Nt> ~ ~ Documents: TX 7181 -.;;:-

24. Forecasting and Inventory Management tJO ,.Jo t.Jo -6- ..e- :zeRo Documents: TX 7182 25. Forecasting and Inventory Management NO .,Jo ,Jo -e- -e- z.etu!J Documents: TX 7183 26. Forecasting and Inventory Management

/JO ,Jo t1o -0- -er- zeM Documents: TX 7184 27. Forecasting and Inventory Management

NO ,Jo NO -C7 -9- zet<.tJ Documents: TX 7185 28. Forecasting and Inventory Management ND ,J() ,JD -8- -0- :z.~o Documents: TX 7186 29. Forecasting and Inventory Management fJO Ho tJo -e -e- ze.{(..o Documents: TX 7187 30. Forecasting and Inventory Management

tJO No ,Jo -o- -tr -:zei'.G Documents: TX 7188 31. Forecasting and Inventory Management tJO r/a ,Ja -e .g.- :z..e.fl-0 Documents: TX 7189 32. Forecasting and Inventory Management NC ,Jt.> tJo -e- ~ .;ze/J-lJ Documents: TX 7191 33. Forecasting and Inventory Management tJO ,lo ,Jo -G- .g- z.e/{.o Documents: TX 7192 34. Forecasting and Inventory Management fJO tJt; ,./a -0 -GJ- zetLO Documents: TX 7193 35. Forecasting and Inventory Management ND tJo /Jo ~ .a- :Z.eA-0 Documents: TX 7194 36. Forecasting and Inventory Management tJo tla NO -e -e- Z-et<.P Documents: TX 7195 37. Forecasting and Inventory Management rJO ,.1() ,Jo -G- -er- ,;z.ell..(!J Documents: TX 7197

9

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 11 of 29 P

age ID #:318361

1 2 3 4 5 6


Secret? ? riate?

38. Forecasting and Inventory Management '/eS ~0 tJO -o· -D- ~e(/2.0

Docwnents: TX 7203 39. Forecasting and Inventory Management /Jo Nl> ,Jo -e!f; -e- ;;zef(.C!)

Documents: TX 7204 40. Forecasting and Inventory Management

'{eS J!a No -c::r -e- :;zefl._o Docwnents: TX 7207 41. Forecasting and Inventory Management yes NZJ t/IJ -8- -e- ze~o Documents: TX 7210 42. Forecasting and Inventory Management yes N6 tJt; -&- -0 ::ze~o Docwnents: TX 7211 43. Forecasting and Inventory Management jes tJO NO ~ ..e- ;z.eJ2.o Documents: TX 7212 44. Forecasting and Inventory Management yeS /'LD ,.;a -6- -o- Zefi!o Docwnents: TX 7218 45. Forecasting and Inventory Management Yes ,JO tJo ~ .e z~t; Docwnents: TX 7219 46. Forecasting and Inventory Management Yes f-10 /JO e- -0 ::;;? etJ.l:J Documents: TX 7220 47. Forecasting and Inventory Management iJD ~0 NO -E:r ..e ::ZeM Docwnents: TX 7222 48. Forecasting and Inventory Management f-16 f'l() tJo --er ..e-. zei!O Docwnents: TX 7223 49. Forecasting and Inventory Management yes tJ~ JJo -G- ~ Ze/lO Documents: TX 7224 50. Forecasting and Inventory Management

\jes NO ;V'o -t7- --€>- ~e/<.0 Documents: TX 7225 51. Forecasting and Inventory Management f-lo ~ ;Ja ...a- -e :Ze../2-0 Documents: TX 7226 52. Forecasting and Inventory Management ~e Aievr SE nA<fe

I <J

10

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 12 of 29 P

age ID #:318362

1 2 3 4 5 6 ,.

# Description Mattei's Did MGA Did Larian Damages Against Damages Total Damages owed to Trade Misappropriate Misapprop MGA against Larian Mattei

Secret? \ ? ripte? Documents: TX 7228 HD _HO ('lU Jtr -f) ~~

53. Forecasting and Inventory Management rJO N't> ~D .tf ¥ ~ Documents: TX 7230

54. Forecasting and Inventory Management Nb ~() ND ~ % ~ Documents: TX 7232

55. Forecasting and Inventory Management tJo No ~D k ~ "Z~ Documents: TX 7233

56. Forecasting and Inventory Management "t-JO N6 N'tl .ff A) -v~ Documents: TX 7234

57. Forecasting and Inventory Management tlo No NO ~ 1Y ~ Documents: TX 7236

58. Forecasting and Inventory Management c-JO ~(:) N\) *' J?f ~ Documents: TX 7237 59. Forecasting and Inventory Management

'NO Nt) Nb k _k -z/3fb6 Documents: TX 7239 60. Forecasting and Inventory Management

.tJO ~0 t'-lD % ¥' ~ Documents: TX 7240 61. Forecasting and Inventory Management t-lo ~b Nt> ff ~ ~ Documents: TX 7241 62. Forecasting and Inventory Management

f'lO tJ~ ND .a 4(" ]r~· Documents: TX 7242 63. Forecasting and Inventory Management

.~0 ~0 ~0 ~ y ~ Documents: TX 7243 64. Forecasting and Inventory Management

NO tJO ('ln % -17 -z,t;1!.o Documents: TX 7245 65. Forecasting and Inventory Management rJO tJO t-Ju fir .fr ~~ Documents: TX 7246 66. Forecasting and Inventory Management )./1 () NO B_O :l7 17 ~ Documents: TX 7247

11

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 13 of 29 P

age ID #:318363

1 2 3 4 5 6


Secret? ? riate? 67. Forecasting and Inventory Management

,{'1-o ~l) ~() --fJ ~ ~ Documents: TX 7248 68. Forecasting and Inventory Management l'io ~ ~u ~ Jr ~ Documents: TX 7249 69. Forecasting and Inventory Management

~'{) ~ ~~ 4:5 ~ ~~ Documents: TX 7252 70. Forecasting and Inventory Management At Nt> tJt -tr A1 -zePo Documents: TX 7253 71. Forecasting and Inventory Management

~~ ~1) ~0 jy- % ~ Documents: TX 7254 72. Forecasting and Inventory Management Nb ~\) \'l~ ;fY jf za;o Documents:: TX 7255 73. Forecasting and Inventory Management

(% ~a ~b j( $ -"}it(2o Documents:: TX 7256 74. Forecasting and Inventory Management

~D NO ~~ k A? ~I#; Documents: TX 7258 75. Forecasting and Inventory Management

tJ{) Pt> ~0 11 % ""j/ftP; r:. Documents: TX 20474

76. Forecasting and Inventory Management ~'() ~l) ~"() p) ~ Documents: TX 23696 }({

77. Forecasting and Inventory Management ~1> ~1) f'\~ 1x 7 ~et,o Documents: TX 23697

78. Forecasting and Inventory Management l'Jt ~{) ~0 ff -z,~Zf.,o Documents: TX 23698 ~

79. Forecasting and Inventory Management \~t ~{) ~{) k jf ~ Documents: TX 23699

80. Forecasting and Inventory Management ~D ~0 00 JY ~ Documents: TX 26939 1Y

12

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 14 of 29 P

age ID #:318364

10. What is the total amount owed to Mattei, if any, on its claim for trade secret misappropriation?

MGA Entertainment, Inc. $ ~ (total of all amounts in column 4)

Isaac Larian $ 'Uf2.Q (total of all amounts in column 5)

Total amount owed to Mattei$ ~ (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 a// 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.

Aoril27 2001 Aoril 13 2002 November 23, 2002 November 20, 2003 MGA Entertainment, Inc. ~0 NO }llO No Isaac Larian ~0 Nb {'J{) N'f)

13

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 15 of 29 P

age ID #:318365

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 NO 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 ofthe 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, NO ~0 almost non-existing 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'spersonal mascot. Sculpt TX 1136A Nf) ~ Sculpt TX 1141 j..lo ~'D Bratz Hero Shot, TX 302B-0001 ND tvO 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, ~0 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

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?

I y~ MGA Entertainment, Inc. Isaac Larian

14

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 16 of 29 P

age ID #:318366

MGA's Claim for Trade Secret Misappropriation

14. Has MGA E~ainment, Inc. proven that any of the items listed in the chart in question 16 are its trade secrets?

Yes ~ 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 oflisted 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

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 17 of 29 P

age ID #:318367

#

1.

2.

3.

4.

5.

6.

7.

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 Mattei, Inc. misappropriated the claimed trade secret (answer

"YES" or "NO" in column 2); (3) whether MGA Entertainment, Inc has proven that Mattei, 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 Mattei, Inc. for the

misappropriation of the claimed trade secret (in column 4).

1 2 3 4

Description Trade Did Mattei lml!rOI!er Total Damaa:es owed to Secret? Misal!l!rOI!ri Means? MGA Entertainmen~ Inc.

ate? The appearance, operation, intended play pattern, plans to vt17 .#) 'f..~JJ:J ~~ .. \f advertise on television, and FOB pricing for Bratz Mobile ~ lL\..l The appearance, operation, intended play pattern, plans to I I advertise on television, and FOB pricing for Bratz Styl' It ~~~ ~d? 'iefl ~ 3~ lf rH L--Collection The appearance, operation, intended play pattern, and ND 'rJ'D '!Jo ~ plans to advertise on television for Bratz Boys The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for Bratz

'\ ~ \ 0 1(.,) ') 3-i ('(\( {, WinterWonderland Collection The appearance, operation, intended play pattern, plans to

~ 'J

I

advertise on television, and FOB pricing for Bratz Formal

' 67 ~ ~e,) ~ 3-11 ffl(L. Funk Collection The appearance, operation, intended play pattern, plans to

\/~ /et; advertise on television, and FOB pricing for Bratz Runway \ ~~7 J 3. Lt 1\luL Formal Funk Collection The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for Bratz FM

' ~ ?}-; \e) '\7 3 . l.f ~ I }._, Limo

16

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 18 of 29 P

age ID #:318368

1 2 3 4

# Description Trade Did Mattei Improper Total Dama,es owed to Secret? Misappropri Means? MGA Entertainmen!J Inc.

ate? 8. The appearance, operation, intended play pattern, plans to

jrff-; fe? advertise on television, and FOB pricing for Bratz 1~7 ~ 3. ~ 1111.-Motorcycle

9. The appearance, operation, intended play pattern, plans to i-€~ +~ I.

advertise on television, and FOB pricing for Bratz Pet ~ tt ~Jr klt..----Assortment

10. The appearance, operation, intended play pattern, and I

plans to advertise on television for Bratz City Playsets ~ 1\)() ~0 4-]-' 11. The appearance, operation, intended play pattern, and

plans to advertise on television for Lil' Bratz Slumber NO NO ~D ~ Party 12. The appearance, operation, intended play pattern, and

plans to advertise on television for Lil' Bratz Spring Break NO NO (lfo 4J" 13. The appearance, operation, intended play pattern, and

plans to advertise on television for Lil' Bratz Loungin' ~\) ~() ~D ~

Loft 14. The appearance, operation, intended play pattern, plans to

l~ YYI; advertise on television, and FOB pricing for Lil' Bratz j~ ]7 3-tt' kt.L-Vehicle Assortment

15. The appearance, operation, intended play pattern, plans to .

( advertise on television, and FOB pricing for Lil' Bratz '~~ #7 49 3-t Y\\1,

Deluxe Mall Playset ~ 16. The appearance, operation, intended play pattern, and Vrh ~ r!J0· ~ 3.~ YftL...-plans to advertise on television for Bratz Petz \ ~rh 17. The appearance, operation, intended play pattern, and ,lJ 0 1f.Jo NO A( plans to advertise on television for Lil' Bratz Dance Party 18. The appearance, operation, intended play pattern, and

Yer7 ~5 t)3.tt plans to advertise on television for Dazzlin' Disco Cafe '~ ' \'ilL.-19. The appearance, operation, intended play pattern, and \J(h 'B"? ~ .~ It ~,\f YlAV

~ /

I

17

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 19 of 29 P

age ID #:318369

1 2 3 4

# Description Trade Did Mattei Improper Total Dama~:;es owed to Secret? Misappropri Means? MGA Entertainments Inc. .

ate?

plans to advertise on television for Sun Kissed Summer 20. The appearance, operation, intended play pattern, and

1'~CJJ J~ v~ ·.1> ~-t plans to advertise on television for Girls Nite Out ttLv 21. The appearance, operation, intended play pattern, and I /

plans to advertise on television for Wild Life Safari ~~

., I

j ~,~ \ e7 ~ --?5 HLL..-Collection

22. The appearance, operation, intended play pattern, and ~~ ~ ,lZ!z I~GS -~ 3-l{ \-ttv plans to advertise on television for Bratz Diamondz 23. The appearance, operation, intended play pattern, and 1

NO I ND plans to advertise on television for Bratz Sportz tf'J '(j -fr'

24. The appearance, operation, intended play pattern, and

'fee; plans to advertise on television for Bratz Virtual Buddiez j~S j63 --~ ~.'f Klv Petz

25. The appearance, operation, intended play pattern, and N-o NO N"> AI plans to advertise on television for Bratz Live In Concert 26. The appearance, operation, intended play pattern, and

~0 tJO ff plans to advertise on television for Midnite Dance ~\0 27. The appearance, operation, intended play pattern, and '/<'dy '{\f? ~I?? 3,.tt plans to advertise on television for Bratz Campfire ·~ kLt..,... 28. The appearance, operation, intended play pattern, and I, I 1

~ plans to advertise on television for Wild Wild West .,J~ 'le7 ~ ·~~ 3/'t l1tl/ 29. The appearance, operation, intended play pattern, and

leh I i

~ :3,lf plans to advertise on television for Bratz Rock Angels \:

~~7 '\ {~<? 'ill/ 30. The appearance, operation, intended play pattern, and fj%)

, ~0 ;;y plans to advertise on television for Holiday 2005 tJ'~

31. The appearance, operation, intended play pattern, and N'O NtJ fJV ;ff' plans to advertise on television for Bratz phone 32. The appearance, operation, intended play pattern, and

~D ND ~() ~ plans to advertise on television for Funk Fashion

18

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 20 of 29 P

age ID #:318370

1 2 3 4

# Description Trade Did Mattei Improper Total Damag;es owed to Secret? Misappropri Means? MGA Entertainment~ Inc.

ate? Makeover game r st.e. Prto r ~)

33. The appearance,-operation~ intended play pattern, and /VO ~0 -G plans to advertise on television for Hopscotch Heather ~0

34. The appearance, operation, intended play pattern, and NO tJO )'JO -e-plans to advertise on television for Dream Baby

35. The appearance, operation, intended play pattern, and ,JO NO NO -e-plans to advertise on television for Bratz 36. The appearance, operation, intended play pattern, and NO NO -e-plans to advertise on television for Jumpin Jenny NO 37. The appearance, operation, intended play pattern, and

NO No NO -e-plans to advertise on television for Scooter Samantha 38. The appearance, operation, intended play pattern, plans to

i<IO advertise on television, and FOB pricing for Hello Kitty NO tJO -o Be Beautiful Matchmaker Journal and Virtual Crush

39. The appearance, operation, intended play pattern, plans to NO NO tJO advertise on television, and FOB pricing for iCandy -e 40. The appearance, operation, intended play pattern, plans to

y~s t-J!o NO -e-advertise on television, and FOB pricing for Liar Liar 41. The appearance, operation, intended play pattern, plans to

/1> 3 • L.J ,., ,''J advertise on television, and FOB pricing for Monkey See ~~5 yec; 'f~S Monkey Do

42. The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for A New Breed 'tin rJO NO -e-and Palm Puppies

43. The appearance, operation, intended play pattern, plans to advertise on television, and FOB pricing for Hello Kitty 'f-tS rJO tJO -e-Scooter

44. The appearance, operation, intended play pattern, plans to yts f\10 No -e advertise on television, and FOB pricing for Insecto Bots

19

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 21 of 29 P

age ID #:318371

1 2 3 4

# Description Trade Did Mattei Improper Total Dama&es owed to Secret? Misappropri Means? MGA Entertainment1 Inc.

ate? 45. The appearance, operation, intended play pattern, plans to -e-advertise on television, and FOB pricing for Monster Yffi tJO NO

Surgery 46. The appearance, operation, intended play pattern, plans to

:Yes wo advertise on television, and FOB pricing for My Beautiful NO ..e-Mermaid

47. The appearance, operation, intended play pattern, and NO NO tJO e. plans to advertise on television for Hulk Two-Way Radios 48. The appearance, operation, intended play pattern, plans to 'jf5 No rJO -e-

advertise on television, and FOB pricing for Musikids 49. The appearance, operation, intended play pattern, plans to yes I?J.Ji mil advertise on television, and FOB pricing for Lil' Bratz '{.f!S. "fe5

Boyz 50. The appearance, operation, intended play pattern, and NO NO No -e plans to advertise on television for My Beautiful Ballerina 51. The appearance, operation, intended play pattern, plans to yes tJO advertise on television, and FOB pricing for Pia Back to tJO -e-

School 52. The appearance, operation, intended play pattern, plans to yts advertise on television, and FOB pricing for Jumpin' on 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 ~5 No t-SO -0 Bye Baby

54. The appearance, operation, intended play pattern, plans to -G advertise on television, and FOB pricing for RC Street yes NO NO

Flyer Samantha 55. The appearance, operation, intended play pattern, plans to ves f'JO NO -e advertise on television, and FOB pricing for Walk 'n Go

I

20

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 22 of 29 P

age ID #:318372

1 2 3 4

# Description Trade Did Mattei Improper Total Dama~:;es owed to Secret? Misappropri Means? MGA Entertainmen~ Inc.

f ate? Jo Jo 1~ _Q(_\0~ rY.lr..P'

56. The appearaftce, operation, intended play pattern, plans to 'jet; NO NO -e-advertise on television, and FOB pricing for Bead Palace 57. The appearance, operation, intended play pattern, and '

plans to advertise on television for Bratz Stylin' Dance NO f'JO NO -e-Party 58. The appearance, operation, intended play pattern, and

'Jts ~es 'JeS $o·Y mil plans to advertise on television for Alien Racers 59. The appearance, operation, intended play pattern, and ~0 ' NO NO -e plans to advertise on television for Micro Blast Jet Skis 60. The appearance, operation, intended play pattern, and

plans to advertise on television for Bratz Luscious tJO tJO NO -0 Lamp/ Alarm Clocks

61. The appearance, operation, intended play pattern, and NO NO NO -e plans to advertise on television for Flower Fairies 62. The appearance, operation, intended play pattern, and

plans to advertise on television for Bratz Internet Cafe NO rJO A)() -0 Playset

63. The appearance, operation, intended play pattern, and tJO f\l) NO a plans to advertise on television for Bratz Retro Cafe

64. The appearance, operation, intended play pattern, and NO NO 0 plans to advertise on television for Lil' Bratz NO Transforming Bedroom

65. The appearance, operation, intended play pattern, and Yl5_ yes ~ 3·'-f mil plans to advertise on television for Bratz Girls Nite Out 'll?S

66. The appearance, operation, intended play pattern, and • I

Yes $ 3 ·'f mi I plans to advertise on television for Bratz Kidz y.es 'Jts 67. The appearance, operation, intended play pattern, and

(\)0 NO NO -e-plans to advertise on television for High School Cool

21

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 23 of 29 P

age ID #:318373

1 2 3 4

# Description Trade Did Mattei Improper Total Dama~:;es owed to Secret? Misappropri Means? MGA Entertainments Inc.

ate? 68. The appearance, operation, intended play pattern, and

tJO tJO NO plans to advertise on television for Bratz Rodeo -e-69. The appearance, operation, intended play pattern, and

'liS ft>3·Y W\tl plans to advertise on television for Passion for Fashion v.es \leS 70. The appearance, operation, intended play pattern, and ' t I -e plans to advertise on television for Bratz Baby Sisterz NO f-..)0 NO 71. The appearance, operation, intended play pattern, and NO plans to advertise on television for Talking Bratz NO NO 5-e . 72. The appearance, operation, intended play pattern, and NO tJO tJO e plans to advertise on television for Bratz Costume 73. The appearance, operation, intended play pattern, and tJo NO NO e plans to advertise on television for Bratz on Ice -74. The appearance, operation, intended play pattern, and tJ() 1\K) NO -e plans to advertise on television for Holiday Doll 75. The appearance, operation, intended play pattern, and

plans to advertise on television for Bratz Play Sportz NO tJO NC --t7-Teamz

76. The appearance, operation, intended play pattern, and tJO NO tJo -e plans to advertise on television for Bratz Couture 77. The appearance, operation, intended play pattern, and

plans to advertise on television for Story Time Princess NO J'K) NO -e-Collection Fashion Dolls

78. The appearance, operation, intended play pattern, and (!) plans to advertise on television for Story Time Classics NO NO tJO

Collection Mini Dolls 79. The appearance, operation, intended play pattern, and No plans to advertise on television for Yummi-Land Soda Pop NO NO 0

Girls 80. The appearance, operation, intended play pattern, and NO NO NO -

22 www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 24 of 29 P

age ID #:318374

1 2 3 4 . # Description Trade Did Mattei Improper Total Dama~:;es owed to

Secret? Misappropri Means? MGA Entertainment~ Inc. ate?

plans to advertise on television for Marvel Super Heroes c~ ~ "' p<""ia~ e Die-Cast Vehicles

81. The appearance, operation, intended play pattern, and plans to advertise on television for Spider-Man & Friends NO NO NO -e-Crime Cruiser RIC

82. The appearance, operation, intended play pattern, and t-JD plans to advertise on television for Spider-Man Fire NO t-JO -e-Rescue RIC

83. The appearance, operation, intended play pattern, and MO plans to advertise on television for Land Sea RIC AXI NO NO -0-

Trespass 84. The appearance, operation, intended play pattern, and NO NO NO -e plans to advertise on television for 6 Foot Bratz Puzzles 85. The appearance, operation, intended play pattern, and 'No -e plans to advertise on television for 1-Petz NO No 86. The appearance, operation, intended play pattern, and tJO NO NO --e plans to advertise on television for Bratz Mobile Phones 87. The appearance, operation, intended play pattern, and No ~0 NO -G -plans to advertise on television for Muichiz 88. The appearance, operation, intended play pattern, and ND NO --e plans to advertise on television for Baby Bratz ,.;:/.) 89. The appearance, operation, intended play pattern, and NO NO NO G plans to advertise on television for Bratz Pretty N' Punk 90. The appearance, operation, intended play pattern, and

}'JO JJ() tJO -e plans to advertise on television for Bratz Fabulous 91. The appearance, operation, intended play pattern, and NO NO NO -e plans to advertise on television for Bratz Treasures 92. The appearance, operation, intended play pattern, and jJO NO NO e plans to advertise on television for Bratz direct to Video

23

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 25 of 29 P

age ID #:318375

1 2 3 4

# Description Trade Did Mattei Improper Total Dama&es owed to Secret? Misappropri Means? MGA Entertainmen~ Inc.

r ate? movie with Twentieth Ce~ Fox ( /~ _C ric_c O_ao...p \

93. The appearance, operation, intended play pattern';- and ' I' v J

plans to advertise on television for Bratz musjc album with NO NO cvo -o Universal Music Enterprises

94. The appearance, operation, intended play pattern, and NO tJO NO -e-plans to advertise on television for Livin' Bratz

95. The appearance, operation, intended play pattern, and }4.0 Ato NO e plans to advertise on television for Giddy Up Girl

96. The appearance, operation, intended play pattern, and ~0 NO NO -er plans to advertise on television for Toby

97. The appearance, operation, intended play pattern, and NO 1\)0 -er-plans to advertise on television for Bratz Babies }JO

98. The appearance, operation, intended play pattern, plans to yes /VO NO --e advertise on television for, and FOB pricing Lil' Bratz 99. The appearance, operation, intended play pattern, and No NO NO e plans to advertise on television for Bratz plug and play 100. The appearance, operation, intended play pattern, and

rJO tJO plans to advertise on television for Lil' Bratz Stylin' J\)0 -0 Sticker Maker

101. The appearance, operation, intended play pattern, and No No No e plans to advertise on television for Bratz Candyz 102. The appearance, operation, intended play pattern, and NO tJO rJO e plans to advertise on television for Bratz DynaMite 103. The appearance, operation, intended play pattern, and NO tJo NO e plans to advertise on television for Petz Campfire 104. The appearance, operation, intended play pattern, and NO {'JO tJO --t:r plans to advertise on television for Oooh La La 105. The appearance, operation, intended play pattern, and

NO NO (\)0 e plans to advertise on television for Ponyz

24

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 26 of 29 P

age ID #:318376

1 2 3 4 "

# Description Trade Did Mattei Improper Total Dama~:;es owed to Secret? Misappropri Means? MGA Entertainment1 Inc.

ate? 106. The appearance, operation, intended play pattern, and tJO NO NO -e-plans to advertise on television for Twiinz 107. The appearance, operation, intended play pattern, and }JO /NO -e-plans to advertise on television for Bratz digital camera NO 108. The appearance, operation, intended play pattern, and NO NO 1\}0 _;fj) plans to advertise on television for Bratz miniature radio 109. The appearance, operation, intended play pattern, and

}JO 1\K) rJo ~ plans to advertise on television for Bratz MP3 player 110. The appearance, operation, intended play pattern, and /!Jo f'b NO g

plans to advertise on television for Bratz furniture 111. The appearance, operation, intended play pattern, and NO f\]0 -e plans to advertise on television for Bratz doll display NO 112. The appearance, operation, intended play pattern, and

plans to advertise on television for Bratz bath and beauty IJO f\)0 tJO --e products 113. The appearance, operation, intended play pattern, and

JVO No NO -e-plans to advertise on television for Bratz stationary 114. The appearance, operation, intended play pattern, and

)/o No rJO plans to advertise on television for Bratz remote control 0 Kendall

25

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 27 of 29 P

age ID #:318377

!§#!f U&W:SQRI! a

17. Whlit is the total amount owed to MGA Entertainment, Inc., if any, on its claim for trade secret misappropriation?

:1ft $ '6<5.5 M\\ (total of all amounts in col~

18. On or before November 20,2003, did MGA Entertainment, Inc. discover, or should it have discovered through the

exercise of reasonable diligence, facts that would have caused a reasonable person to suspect that Mattei has

misappropriated any trade secrets listed in Question 16?

No

Yes j -'7---+-----

19. Has MGA Entertainment, Inc. proven by clear and convincing evidence that Mattei, Inc. acted willfully and

maliciously in the misappropriation of any trade secrets?

YesL No ___ _

26

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 28 of 29 P

age ID #:318378

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 V" 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 v Contractual Relations with Beatriz Morales v--Contractual Relations with Maria Salazar

\~ " " If your answer zs yes to Questzon 20 or 21, proceed to Questzon 22.

27

www.CopyrightEm.com

Case 2:04-cv-09049-D

OC

-RN

B D

ocument 10518 F

iled 04/21/11 Page 29 of 29 P

age ID #:318379

22. What amount of damages, if any, do you award to Mattei, Inc. and against MGA Entertainment, Inc. or Isaac Larian for

intentional interference with contractual relations?

Amount

MGA Entertaimnent, Inc. s ~ ooo. co Isaac Larian , s~ o oo. cc: Total Amount Owed to Mattei for Intentional Interference with Contractual Relations r to"~ oo o .oc::

,~ C -ren ~h ous ancL no~l a..rs ) ,.

23. 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

intentionally interfered with its contractual relations?

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

uno''

MGA Entertaimnent, Inc. Isaac Larian

Once this verdict form is completed, the foreperson of the jury should sign r"J.d date on the lines below

DATED:~ cJ1)} ~~I .

Jury Foreperson (I

28

www.CopyrightEm.com