Netflix, Inc. v. Blockbuster, Inc.

Filing 228

Netflix, Inc. v. Blockbuster, Inc.

Doc. 228 Att. 1

Case 3:06-cv-02361-WHA

Document 228-2

Filed 06/14/2007

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BINGHAM McCUTCHEN LLP Donn P. Pickett (SBN 72257) Mary T. Huser (SBN 136051) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: [phone] Marshall B. Grossman (SBN 35958) William J. O'Brien (SBN 99526) The Water Garden 1620 26th Street Fourth Floor, North Tower Santa Monica, CA 90404-4060 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant, BLOCKBUSTER INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA NETFLIX, INC., a Delaware corporation, Plaintiff, v. BLOCKBUSTER, INC., a Delaware corporation, Defendant. AND RELATED COUNTERCLAIMS Case No. C 06 2361 WHA (JCS) DECLARATION OF TONY CHEN IN SUPPORT OF BLOCKBUSTER'S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY AND NONINFRINGEMENT

Hearing Date: Time: Courtroom: Complaint Filed: Trial Date:

August 2, 2007 8:00 A.M. 9, 19th Floor April 4, 2006 September 17, 2007

CHEN DECLARATION IN SUPPORT OF BLOCKBUSTER'S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY AND NON-INFRINGEMENT CASE NO. C 06 2361 WHA (JCS)
ACTIVE/72053657.1

Dockets.Justia.com

Case 3:06-cv-02361-WHA

Document 228-2

Filed 06/14/2007

Page 2 of 2

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I, Tony Chen, declare: 1. I am an attorney duly admitted to practice before this Court and the courts of the

State of California, and am a partner in Bingham McCutchen, LLP, Counsel for Defendant and Counterclaimant Blockbuster. This declaration is submitted in support of Blockbuster's Motion for Summary Judgment of Invalidity and Non-Infringement. If called as a witness I would and could testify to the following: 2. I attended the deposition of Linda Verin that took place on April 5, 2007. I have

reviewed the excerpts attached as Exhibit J to the Declaration of William J. O'Brien in Support of Blockbuster's Motion for Summary Judgment of Invalidity and Non-Infringement ("O'Brien Declaration"), which accurately represent the proceedings. 3. I attended the deposition of Mark Ramm that took place on March 23, 2007. I

have reviewed the excerpts attached as Exhibit P to the Declaration of the O'Brien Declaration, which accurately represent the proceedings. I declare under penalty of perjury that the foregoing is true and correct. Executed this 14th day of June, 2007 in Santa Monica, California.

/s/ Tony Chen

CHEN DECLARATION IN SUPPORT OF BLOCKBUSTER'S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY AND NON-INFRINGEMENT CASE NO. C 06 2361 WHA (JCS)
ACTIVE/72053657.1

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