Facebook Inc. v. Lamebook LLC

Filing 26

Declaration of Jeffrey T. Norberg in Support of 25 Opposition/Response to Motion To Dismiss filed byFacebook Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Related document(s) 25 ) (Norberg, Jeffrey) (Filed on 3/10/2011)

Download PDF
Facebook Inc. v. Lamebook LLC Doc. 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO COOLEY LLP MICHAEL G. RHODES (116127) (rhodesmg@cooley.com) GAVIN L. CHARLSTON (253899) (gcharlston@cooley.com) 101 California Street, 5th Floor San Francisco, CA 94111-5800 Telephone: (415) 693-2000 Facsimile: (415) 693-2222 ANNE H. PECK (124790) (peckah@cooley.com) JEFFREY T. NORBERG (215087) (jnorberg@cooley.com) 3175 Hanover Street Palo Alto, CA 94304-1130 (650) 843-5000 (650) 849-7400 Attorneys for Plaintiff FACEBOOK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA FACEBOOK, INC. , Plaintiff, v. LAMEBOOK, INC., Defendant. Case No. 3:10-CV-05048-RS DECLARATION OF JEFFREY T. NORBERG IN SUPPORT OF FACEBOOK, INC.'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS I, Jeffrey T. Norberg, declare as follows: 1. I am an attorney licensed to practice law in the State of California, and I am an associate at the law firm of Cooley LLP, counsel of record for plaintiff Facebook, Inc. ("Facebook"). I make this declaration in support of Facebook, Inc.'s Opposition to Defendant's Motion to Dismiss. I have personal knowledge of the facts contained within this declaration, and if called as a witness, could testify competently to the matters contained herein. 2. Attached hereto as Exhibit 1 is a true and correct copy of the Declaration of Gavin L. Charlston in Support of Defendant Facebook, Inc's Motion to Dismiss Complaint for Declaratory Judgment ("Charlston Declaration") and exhibits B through I. 1. To avoid DECLARATION OF JEFFREY T. NORBERG ISO OPPOSITION TO MOTION TO DISMISS CASE NO. : 3:10-CV-05048-RS Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO overburdening the Court, Exhibits A and J are not being submitted with this declaration. Exhibit A is a copy of the Complaint and exhibits, which is available as docket entry number 1 in this action. Exhibit J is a cd-rom recording of a voicemail that has been transcribed and attached as Exhibit E to the Charlston Declaration. The Charlston Declaration was submitted in the Lamebook, LLC v. Facebook, Inc., Civil Action No. 1:10-cv-00833-SS matter that is in the United Stated District Court in Western District of Texas. 3. Attached hereto as Exhibit 2 is a true and correct copy of the Declaration of Kathleen E. Johnston in Support of Defendant Facebook, Inc's Motion to Dismiss Complaint for Declaration Judgment submitted in the Lamebook, LLC v. Facebook, Inc., Civil Action No. 1:10cv-00833-SS matter that is in the United Stated District Court in Western District of Texas. 4. Attached hereto as Exhibit 3 is a true and correct copy of the Declaration of Christen M.R. Dubois in Support of Defendant Facebook, Inc's Motion to Dismiss Complaint for Declaration Judgment submitted in the Lamebook, LLC v. Facebook, Inc., Civil Action No. 1:10cv-00833-SS matter that is in the United Stated District Court in Western District of Texas. 5. I am an attorney of record for Facebook in the declaratory relief action filed by Lamebook against Facebook in the Western District of Texas. See Lamebook, LLC v. Facebook, Inc., Civil Action No. 1:10-cv-00833-SS (the "Texas Action"). On January 24, 2011, Facebook filed a motion to dismiss the Texas Action based on the anticipatory suit doctrine. That motion has now been fully briefed and set for argument in Texas on March 25, 2011. See Texas Action Docket Entries 19; 21-22 and 25. Executed this 10th day of March, 2011, at Palo Alto, California. _/s/ Jeffrey T. Norberg_______________ Jeffrey T. Norberg 2. DECLARATION OF JEFFREY T. NORBERG ISO OPPOSITION TO MOTION TO DISMISS CASE NO. : 3:10-CV-05048-RS