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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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 OPENING CLAIM CONSTRUCTION BRIEF 20 21 22 23 24 25 26 27 28 DECLARATION OF KENNETH MAIKISH IN SUPPORT OF GOOGLE’S OPENING CLAIM CONSTRUCTION BRIEF 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 25 26 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. 3. 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). 4. 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. 6. 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. 8. 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. 27 28 1 DECLARATION OF KENNETH MAIKISH IN SUPPORT OF GOOGLE’S OPENING CLAIM CONSTRUCTION BRIEF Case No. 2:11-CV-00319 GEB JFM 1 2 3 4 5 9. 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. 11. Attached as Exhibit 10 is a true and correct copy of the About The Licenses page 6 from Creative Commons’ website, available at http://creativecommons.org/licenses/, and printed 7 on May 12, 2012. 8 12. 9 10 11 12 13 14 15 16 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. 13. 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. 14. 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. 15. Attached as Exhibit 14 is a true and correct copy of the Joint Statement re Discovery Disagreement - Infringement Contentions (Dkt. 88). 17 18 19 20 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. 21 22 /s/ Kenneth M. Maikish Kenneth M. Maikish 23 24 25 26 27 28 2 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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