IconFind, Inc. v. Google, Inc.

Filing 97

[DISREGARD - Attorney to Re-File per Judge's Request] BRIEF Opening Claim Construction Brief by Google, Inc.. (Attachments: # 1 Declaration Kenneth Maikish Declaration, # 2 Exhibit 1 to Maikish Declaration, # 3 Exhibit 2 to Maikish Declaration, # 4 Exhibit 3 to Maikish Declaration, # 5 Exhibit 4 to Maikish Declaration, # 6 Exhibit 5 to Maikish Declaration, # 7 Exhibit 6 to Maikish Declaration, # 8 Exhibit 7 to Maikish Declaration, # 9 Exhibit 8 to Maikish Declaration, # 10 Exhibit 9 to Maikish Declaration, # 11 Exhibit 10 to Maikish Declaration, # 12 Exhibit 11 to Maikish Declaration, # 13 Exhibit 12 to Maikish Declaration, # 14 Exhibit 13 to Maikish Declaration, # 15 Exhibit 14 to Maikish Declaration)(Maikish, Kenneth) Modified on 5/22/2012 (Michel, G).

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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
MAIKISH IN SUPPORT OF
DEFENDANT GOOGLE INC.’S OPENING
CLAIM CONSTRUCTION BRIEF

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

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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 Opening Claim Construction Brief.
2.

Attached as Exhibit 1 is a true and correct copy of the Memorandum And Order

Re: Motion For Claim Construction in IconFind Inc. v. Yahoo! Inc., Case No. 09-109 WBS JFM
(E.D. Cal.), Dkt. 50.
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Attached as Exhibit 2 is a true and correct copy of pages 304-324 of Neil Randall

and Dennis Jones, USING FRONTPAGE® 2000, 304-324, (Mark Taber, ed., Que 1999).
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Attached as Exhibit 3 is a true and correct copy of screenshots from the Internet

Archive’s archive of the SourceForge website, collected by the Internet Archive, between June
20, 2000 and December 5, 2000, and printed on May 12, 2012.
5.

Attached as Exhibit 4 is a true and correct copy of IconFind’s Objections and

Responses to Interrogatory Nos. 1-8, served by IconFind on August 1, 2011.
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Attached as Exhibit 5 is a true and correct copy of pages 71-76 of the Reporter’s

Transcript Of Proceedings, Defendant’s Motion For Claim Construction Monday, December 7,
2009 in IconFind Inc. v. Yahoo! Inc., Case No. 09-109 WBS JFM (E.D. Cal.), Dkt. 54.
7.

Attached as Exhibit 6 is a true and correct copy of IconFind’s Ex Parte

Application For Leave To File A Supplemental Response To The Court’s December 7, 2009
Question Regarding “Network Page” in IconFind Inc. v. Yahoo! Inc., Case No. 09-109 WBS JFM
(E.D. Cal.), Dkt. 49.
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Attached as Exhibit 7 is a true and correct copy of the Order On IconFind’s Ex

Parte Application For Leave To File A Supplemental Response To The Court’s December 7,
2009 Question Regarding “Network Page” in IconFind Inc. v. Yahoo! Inc., Case No. 09-109
WBS JFM (E.D. Cal.), Dkt. 53.

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

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Attached as Exhibit 8 is a true and correct copy of the Stipulated Order Of

Dismissal in IconFind Inc. v. Yahoo! Inc., Case No. 09-109 WBS JFM (E.D. Cal.), Dkt. 61.
10.

Attached as Exhibit 9 is a true and correct copy of the About page from Creative

Commons’ website, available at http://creativecommons.org/about, and printed on May 12, 2012.
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Attached as Exhibit 10 is a true and correct copy of the About The Licenses page

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from Creative Commons’ website, available at http://creativecommons.org/licenses/, and printed

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on May 12, 2012.

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12.

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Attached as Exhibit 11 is a true and correct copy of the Our Supporters page from

Creative Commons’ website, available at http://creativecommons.org/supporters/, and printed on
May 12, 2012.
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Attached as Exhibit 12 is a true and correct copy of Plaintiff’s Response To

Google Inc.’s First Set Of Requests For Admission, served by IconFind on August 1, 2011.
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Attached as Exhibit 13 is a true and correct copy of pages 92-95 of the Deposition

Transcript for Lee H. Grant, dated March 6, 2012.
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Attached as Exhibit 14 is a true and correct copy of the Joint Statement re

Discovery Disagreement - Infringement Contentions (Dkt. 88).

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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 May 22, 2012, in Palo Alto, California.

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/s/ Kenneth M. Maikish
Kenneth M. Maikish

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