Gibson Guitar Corporation v. Wal-Mart Stores, Inc. et al

Filing 83

AFFIDAVIT in Opposition re 60 MOTION for Hearing re 53 MOTION to Stay Pending USPTO's Reexamination of the Patent in Suit MOTION for Hearing re 53 MOTION to Stay Pending USPTO's Reexamination of the Patent in Suit, 53 MOTION to Stay Pending USPTO's Reexamination of the Patent in Suit - Declaration of Jason M. Sobel Esq. In Support of Gibson Guitar Corp.s Response, Opposing in Part and Joining in Part, Defendants' Motion for a Stay Pending U.S.P.T.O's Reexamination of the Patent in Suit filed by Gibson Guitar Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Pierce, Douglas)

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Gibson Guitar Corporation v. Wal-Mart Stores, Inc. et al Doc. 83 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION GIBSON GUITAR CORP., PLAINTIFF, v. WAL-MART STORES INC., TARGET CORPORATION, KMART CORPORATION, SEARS, ROEBUCK & CO., AMAZON.COM, INC., GAMESTOP CORP., TOYS-R-US, INC., HARMONIX MUSIC SYSTEMS, INC., MTV (A DIVISION OF VIACOM INTERNATIONAL, INC.), AND ELECTRONIC ARTS, INC., DEFENDANTS. ) ) ) ) Civil Action No. 3:08-0279 ) ) Judge Thomas A. Wiseman, Jr. ) Magistrate Judge Juliet Griffin ) ) ) ) ) ) ) ) ______________________________________________________________________________ DECLARATION OF JASON M. SOBEL, ESQ. IN SUPPORT OF GIBSON GUITAR CORP.'S RESPONSE, OPPOSING IN PART AND JOINING IN PART, DEFENDANTS' MOTION FOR A STAY PENDING U.S.P.T.O.'S REEXAMINATION OF THE PATENT IN SUIT ______________________________________________________________________________ NY 71509761 Dockets.Justia.com DECLARATION OF JASON SOBEL I, Jason M. Sobel, declare as follows: 1. I am an attorney with the law firm of Stroock & Stroock & Lavan LLP and admitted before this Court pro hac vice as counsel for defendant Gibson Guitar Corp. ("Gibson") in the above-captioned action. I submit this declaration in support of Gibson Guitar Corp.'s Response, Opposing in Part and Joining in Part, Defendants' Motion for a Stay Pending U.S.P.T.O.'s Reexamination of the Patent in Suit. The facts set forth in this declaration are true of my own knowledge, except where based on a review of the pleadings and records in this action and, if called as a witness, I could and would competently testify to such facts. 2. Attached hereto as Exhibit A is a true and correct copy of the United States Patent and Trademark Office's Order and Decision Granting Ex Parte Reexamination of U.S. Patent No. 5,990,405. 3. Attached hereto as Exhibit B is a true and correct copy of Nilssen v. Universal Lighting Technologies., Inc., 2006 WL 38909 (M.D.Tenn. 2006). 4. Attached hereto as Exhibit C is a true and correct copy of Lincoln Electric Co. v. Miller Electric Mfg. Co., 2007 WL 2670039 (N.D.Ohio 2007). 5. Attached hereto as Exhibit D is a true and correct copy of Donnelly Corp. v. Guardian Industries Corp., 2007 WL 3104794 (E.D.Mich. 2007). 6. Attached hereto as Exhibit E is a true and correct copy of Iljin USA v. NTN Corp., 2006 WL 568351 (E.D.Mich. 2006). NY 71509761 7. Attached hereto as Exhibit F is a true and correct copy of Softview Computer Products Corp. v. Haworth, Inc., 2000 WL 1134471 (S.D.N.Y. 2000). I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 4th day of June, 2008, at New York, New York. ______/s/ Jason M. Sobel___ Jason M. Sobel NY 71509761 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing is being filed electronically. Notice of this filing will be sent by operation of the Court's electronic filing system to: Samuel D. Lipshie, No. 009538 Jonathan D. Rose Thor Y. Urness BOLT,CUMMINGS,CONNERS & BERRY Roundabout Plaza 1600 Division Street, Suite 700 Nashville, TN 37203 615-244-2582 William Taylor Ramsey (No. 9245) Aubrey B. Harwell, III (No. 17394) NEAL & HARWELL 150 Fourth Avenue, North 2000 First Union Tower Nashville, TN 37210 (615) 244-1713 Mark A Samuels Robert M. Schwartz William J. Charron O'MELVENY & MYERS LLP 400 South Hope Street Los Angeles, CA 90071-2899 (213) 430-6000 Edward J. DeFranco James M. Glass QUINN EMANUEL, URQUHART, OLIVER & HEDGES, LLP 51 Madision Avenue 22nd Floor New York, NY 10010 (212) 849-7000 on this the 4th day of June, 2008. By:_/s/ Douglas R. Pierce_____ Douglas R. Pierce NY 71509761