IconFind, Inc. v. Google, Inc.

Filing 101

RESPONSE by Google, Inc. to 94 Brief,. (Attachments: # 1 Declaration of Kenneth M. Maikish, # 2 Exhibit 15 to Maikish Declaration, # 3 Exhibit 16 to Maikish Declaration, # 4 Exhibit 17 to Maikish Declaration, # 5 Exhibit 18 to Maikish Declaration, # 6 Exhibit 19 to Maikish Declaration, # 7 Exhibit 20 to Maikish Declaration, # 8 Exhibit 21 to Maikish Declaration)(Maikish, Kenneth)

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Michael J. Malecek (State Bar No. 171034)
Email address: [e-mail]
Kenneth M. Maikish (State Bar No. 267265)
Email address: [e-mail]
KAYE SCHOLER LLP
Two Palo Alto Square, Suite 400
3000 El Camino Real
Palo Alto, California 94306
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
GOOGLE INC.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ICONFIND, INC.,

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Plaintiff,
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v.

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GOOGLE INC.,
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Defendant.

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Case No. 2:11-CV-00319 GEB JFM
DECLARATION OF KENNETH
M. MAIKISH IN SUPPORT OF
DEFENDANT GOOGLE INC.’S
RESPONSIVE CLAIM CONSTRUCTION
BRIEF

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DECLARATION OF KENNETH M. MAIKISH IN SUPPORT OF
GOOGLE’S RESPONSIVE CLAIM CONSTRUCTION BRIEF
Case No. 2:11-CV-00319 GEB JFM

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I, Kenneth M. Maikish, declare as follows:

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associate at Kaye Scholer LLP, counsel for Defendant Google Inc. (“Google”), in this action.
Unless stated on information and belief, I make this declaration based on my own personal
knowledge in support of Defendant’s Responsive Claim Construction Brief.

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2.

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Attached as Exhibit 15 is a true and correct copy of pages 122-129 of Neil Randall

and Dennis Jones, USING FRONTPAGE® 2000 (Mark Taber, ed., Que 1999).

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I am an attorney licensed to practice law in the State of California and am an

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On June 5, 2012, I downloaded the file football.jpg from the URL provided by

Plaintiff, http://statefansnation.com/wp-content/uploads/2009/06/football.jpg. I copied the
downloaded football.jpg file onto a CD. The CD was placed in my computer’s CD-ROM drive.
On my computer, the CD-ROM drive is designated with the letter ‘K.’ Attached as Exhibit 16 is
a true and correct copy of a screenshot taken on my computer on June 7, 2012. The screenshot
shows the Mozilla Firefox web browser accessing the file football.jpg from my computer’s CDROM drive. The red highlighting around the address bar was added after the screenshot was
taken.
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Attached as Exhibit 17 is a true and correct copy of a screenshot taken on my

computer on June 7, 2012. The screenshot shows the Mozilla Firefox web browser accessing the
file football.jpg at the URL provided by Plaintiff, http://statefansnation.com/wpcontent/uploads/2009/06/football.jpg. The red highlighting around the address bar was added
after the screenshot was taken.
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I also copied the downloaded football.jpg file onto a remote computer on my law

firm’s corporate network. That computer is called nyfiles02. Attached as Exhibit 18 is a true and
correct copy of a screenshot taken on my computer on June 7, 2012. The screenshot shows the
Mozilla Firefox web browser accessing the file football.jpg from nyfiles02. The red highlighting
around the address bar was added after the screenshot was taken.

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DECLARATION OF KENNETH M. MAIKISH IN SUPPORT OF
GOOGLE’S RESPONSIVE CLAIM CONSTRUCTION BRIEF
Case No. 2:11-CV-00319 GEB JFM

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6.

Attached as Exhibit 19 is a true and correct copy of Share files and folders over

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the network (from Windows Vista Inside Out), available at http://windows.microsoft.com/en-

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us/windows-vista/Share-files-and-folders-over-the-network-from-Windows-Vista-Inside-Out (last

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visited June 12, 2012). The quoted sentence appears in the second paragraph of the article.

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Attached as Exhibit 20 is a true and correct copy of a screenshot taken on my

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computer on June 9, 2012. The screenshot shows the Microsoft’s Windows Picture and Fax

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Viewer accessing the file football.jpg from my computer’s CD-ROM drive (the same file

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displayed in Exhibit 16).

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Attached as Exhibit 21 is a true and correct copy of a screenshot taken on my

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computer on June 9, 2012. The screenshot shows the Microsoft’s Windows Picture and Fax

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Viewer accessing the file football.jpg from nyfiles02, located on my law firm’s corporate network

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(the same file displayed in Exhibit 18).

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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed on this June 12, 2012, in Palo Alto, California.

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/s/ Kenneth M. Maikish
Kenneth M. Maikish

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DECLARATION OF KENNETH M. MAIKISH IN SUPPORT OF
GOOGLE’S RESPONSIVE CLAIM CONSTRUCTION BRIEF
Case No. 2:11-CV-00319 GEB JFM