IconFind, Inc. v. Google, Inc.

Filing 75

DECLARATION of Kenneth Maikish in SUPPORT OF 73 MOTION for JUDGMENT RENEWED MOTION FOR JUDGMENT ON THE PLEADINGS OF INVALIDITY OF U.S. PATENT NO. 7,181,459. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Malecek, Michael)

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1 2 3 4 5 Michael J. Malecek (State Bar No. 171034) Email address: michael.malecek@kayescholer.com Kenneth M. Maikish (State Bar No. 267265) Email address: kenneth.maikish@kayescholer.com KAYE SCHOLER LLP Two Palo Alto Square, Suite 400 3000 El Camino Real Palo Alto, California 94306 Telephone: (650) 319-4500 Facsimile: (650) 319-4700 6 7 Attorneys for Defendant GOOGLE INC. 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 ICONFIND, INC., 13 Plaintiff, 14 15 v. 16 GOOGLE INC., 17 18 19 Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 2:11-CV-00319 GEB JFM DECLARATION OF KENNETH MAIKISH IN SUPPORT OF DEFENDANT GOOGLE INC.’S MEMORANDUM IN SUPPORT OF ITS RENEWED MOTION FOR JUDGMENT ON THE PLEADINGS OF INVALIDITY OF U.S. PATENT NO. 7,181,459 Date: January 23, 2012 Time: 9:00 a.m. Location: Courtroom 10 The Honorable Garland E. Burrell, Jr. 20 21 22 23 24 25 26 27 28 DECLARATION OF KENNETH MAIKISH IN SUPPORT OF GOOGLE’S RENEWED MOTION FOR JUDGMENT ON THE PLEADINGS Case No. 2:11-CV-00319 GEB JFM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I, Kenneth M. Maikish declare as follows: 1. I am an attorney licensed to practice law in the State of California and am an 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 Renewed Motion for Judgment on the Pleadings of Invalidity of U.S. Patent No. 7,181,459. 2. Attached as Exhibit 1 is a true and correct copy of the U.S. Patent No. 7,181,459 entitled “Method of Coding, Categorizing, and Retrieving Network Pages and Sites.” 3. Attached as Exhibit 2 is a true and correct copy of the Patent Application of Lee H. Grant and Susan A. Capizzi for Method of Coding, Categorizing, and Retrieving Network Pages and Sites dated February 22, 2002 in U.S. Patent Application No. 10/082,596. 4. Attached as Exhibit 3 is a true and correct copy of Office Action Summary dated May 24, 2004 in U.S. Patent Application No. 10/082,596. 5. Attached as Exhibit 4 is a true and correct copy of the Response to Official Action dated June 22, 2004 in U.S. Patent Application No. 10/082,596. 6. Attached as Exhibit 5 is a true and correct copy of the Amendment in Response to Non-Final Office Action dated April 27, 2005 in U.S. Patent Application No. 10/082,596. 7. Attached as Exhibit 6 is a true and correct copy of the Office Action Summary dated July 11, 2005 in U.S. Patent Application No. 10/082,596. 8. Attached as Exhibit 7 is a true and correct copy of the Amendment After Final Action (37 C.F.R. Section 1.116) dated Sept. 8, 2005 in U.S. Patent Application No. 10/082,596. 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 December 19, 2011, in Palo Alto, California. 25 26 27 28 /s/ Kenneth M. Maikish Kenneth M. Maikish 1 DECLARATION OF KENNETH MAIKISH IN SUPPORT OF GOOGLE’S RENEWED MOTION FOR JUDGMENT ON THE PLEADINGS Case No. 2:11-CV-00319 GEB JFM

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