Apple Inc. v. Amazon.Com, Inc.

Filing 29

Declaration of Martin R. Glick in Support of 28 Opposition/Response to Motion to Shorten Time to Hear Motion for Preliminary Injunction filed byAmazon Digital Services, Inc., Amazon.Com, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Related document(s) 28 ) (Glick, Martin) (Filed on 4/18/2011)

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1 2 3 4 5 6 7 8 9 MARTIN R. GLICK (No. 40187) email: mglick@howardrice.com CLARA J. SHIN (No. 214809) email: cshin@howardrice.com SARAH J. GIVAN (No. 238301) email: sgivan@howardrice.com HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California 94111-4024 Telephone: 415/434-1600 Facsimile: 415/677-6262 Attorneys for Defendants AMAZON.COM, INC., a Delaware corporation, and AMAZON DIGITAL SERVICES, INC., a Delaware corporation 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 14 APPLE INC., a California corporation, 15 16 17 18 19 Plaintiff, v. AMAZON.COM, INC., a Delaware corporation, and AMAZON DIGITAL SERVICES, INC., a Delaware corporation, No. 11-cv-01327 PJH Action Filed: March 18, 2011 DECLARATION OF MARTIN R. GLICK IN SUPPORT OF DEFENDANTS’ OPPOSITION TO MOTION TO SHORTEN TIME TO HEAR MOTION FOR PRELIMINARY INJUNCTION Defendants. 20 21 22 23 24 25 26 27 28 GLICK DECL. ISO DEFENDANTS’ OPP TO MTN TO SHORTEN TIME 11-cv-01327 PJH 1 I, Martin R. Glick, hereby declaration as follows: 2 1. I am an attorney licensed to practice law in the State of California and a Director in the 3 law firm of Howard Rice, a Professional Corporation. My firm represents Defendants Amazon.com, 4 Inc. and Amazon Digital Services, Inc. (collectively “Amazon”) in the above-captioned action. I 5 make this Declaration In Support Of Amazon’s Opposition To Plaintiff Apple Inc.’s Motion To 6 Shorten Time To Hear Motion For Preliminary Injunction (“Declaration”). Except as other stated, 7 the representations made in this Declaration are based on my personal knowledge and, if called upon 8 to do so, I could and would testify competently to the facts stated therein. 9 2. I have reviewed this Court’s Notice Regarding Civil Law And Motion Hearing Dates 10 (“Notice”). On April 13, 2011, at about 2:00 p.m., I received a telephone call and voicemail 11 message from outside counsel for Apple, Inc. (“Apple”) asking me to return his call but leaving no 12 other substantive message. I returned his call, but he was out of the office, so we actually spoke at 13 about 3:30 p.m. At that time, he informed me for the first time that Apple was going to file a motion 14 for preliminary injunction. We discussed the Court’s Notice regarding hearings, and he asked if 15 Amazon was willing to consent to a shorter, undefined period of time (other than not less than the 16 minimum period allowed under the federal and civil local rules) for hearing Apple’s motion. I 17 responded that I would need to discuss the request with my client and inquired when Apple was 18 intending to file the motion. He informed me that Apple was going to file the motion that day, and 19 he understood that we would not practically have time to respond to his request before he filed the 20 motion, but that Amazon would have the four days allowed by the local rules to indicate our 21 position. We left it at that, and I received Apple’s e-filed motion and supporting declarations later 22 on that same day. 23 3. Attached as Exhibit 1 is a true and correct copy of an October 8, 2010 article from 24 Androinica titled “Amazon’s own Android app store now confirmed,” which my office located and 25 printed from the website http://androinica.com/2010/10/amazons-own-android-app-store-now- 26 confirmed/ on April 15, 2011. 27 28 GLICK DECL. ISO DEFENDANTS’ OPP TO MTN TO SHORTEN TIME -1- 11-cv-01327 PJH 1 4. Attached as Exhibit 2 is a true and correct copy of a publicly available transcript of 2 Apple’s October 18, 2010 earnings call, which my office printed from the website 3 www.seekingalpha.com on April 15, 2011. 4 5. Attached as Exhibit 3 is a true and correct copy of a printout from the United States 5 Patent & Trademark Office website, reflecting the docket activity for Microsoft Corporation v. 6 Apple Inc., Opposition No. 91195582, which my office located and printed on April 15, 2011. 7 I declare under penalty of perjury under the laws of the State of California that the foregoing is 8 true and correct to the best of my knowledge. Executed this 18th day of April, 2011, in San 9 Francisco, California. 10 /s/ Martin R. Glick MARTIN R. GLICK 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GLICK DECL. ISO DEFENDANTS’ OPP TO MTN TO SHORTEN TIME -2- 11-cv-01327 PJH