Realnetworks, Inc. et al v. DVD Copy Control Association, Inc. et al

Filing 118

Declaration of Tracy Tosh Lane in Support of Reply in Support of 104 Motion to Preclude Claims Based on Non-CSS Technologies or, Alternatively, to Continue the Preliminary Injunction Hearing, and for the Appointment of a Discovery Referee filed byRealnetworks Home Entertainment, Inc.(a Delaware corporation). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Cunningham, Leo) (Filed on 2/2/2009) Modified on 2/4/2009 (slh, COURT STAFF).

Realnetworks, Inc. et al v. DVD Copy Control Association, Inc. et al

Doc. 118

Case3:08-cv-04548-MHP Document118

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JAMES A. DiBOISE, State Bar No. 83296 Email: [e-mail] LEO CUNNINGHAM, State Bar No. 121605 Email: [e-mail] COLLEEN BAL, State Bar No. 167637 Email: [e-mail] MICHAEL A. BERTA, State Bar No. 194650 Email: [e-mail] TRACY TOSH LANE, State Bar No. 184666 Email: [e-mail] WILSON SONSINI GOODRICH & ROSATI Professional Corporation One Market Street Spear Tower, Suite 3300 San Francisco, CA 94105 Attorneys for Plaintiffs and Counterclaim Defendants REALNETWORKS, INC. and REALNETWORKS HOME ENTERTAINMENT, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA REALNETWORKS, INC., a Washington Corporation; and REALNETWORKS HOME ENTERTAINMENT, INC., a Delaware corporation, Plaintiffs, v. DVD COPY CONTROL ASSOCIATION, INC., a Delaware nonprofit corporation, DISNEY ENTERPRISES, INC., a Delaware corporation; PARAMOUNT PICTURES CORP., a Delaware corporation; SONY PICTURES ENTER., INC., a Delaware corporation; TWENTIETH CENTURY FOX FILM CORP., a Delaware corporation; NBC UNIVERSAL, INC., a Delaware corporation; WARNER BROS. ENTER. INC., a Delaware corporation; and VIACOM, Inc., a Delaware Corporation, Defendants. Case Nos. C08 04548 MHP; C08 04719 MHP SUPPLEMENTAL DECLARATION OF TRACY TOSH LANE IN SUPPORT OF PLAINTIFFS' AND COUNTERCLAIM DEFENDANTS' MOTION TO PRECLUDE OR CONTINUE

AND RELATED CASES

SUPP. LANE DECLARATION CASE NOS. 08-cv-04548 MHP; 08-cv-04179 MHP
Dockets.Justia.com

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I, Tracy Tosh Lane, declare: 1. I am an attorney at law duly licensed to practice in the State of California and

before this Court. I am Of Counsel at the law firm of Wilson Sonsini Goodrich & Rosati, and one of the counsel for RealNetworks, Inc. and RealNetworks Home Entertainment, Inc. (collectively "RealNetworks"), plaintiffs and counterclaim defendants in the above-captioned matter. I make this supplemental declaration in support of RealNetworks' Reply in Support of its Motion to Preclude Claims Based on Non-CSS Technologies or, Alternatively, to Continue the Preliminary Injunction Hearing, and for the Appointment of a Discovery Referee ("Motion"). I have personal knowledge of the facts set forth herein and, if called as a witness, could and would testify competently thereto. 2. During the short time that the Motion has been pending, the Studio Defendants

have produced approximately 7,636 pages of new ARccOS and Rip Guard documents. The last production on January 30, 2009 did not say one way or another whether the Studios' production is now complete. RealNetworks expects more to come. 3. On January 2, 2009, the Studio Defendants provided RealNetworks with

additional search terms relating to Facet, and requested that RealNetworks product, among other things, all documents mentioning several movie titles, or containing the words "Facet" and "copy," "share," "security" or "encrypt." RealNetworks performed a reasonable inquiry and responded by producing documents responsive to a slightly narrower set of terms less than two weeks later, on January 15, 2009. 4. Exhibit A is a true and correct copy of relevant portions of Mr. Jeffrey Chasen's

deposition testimony taken on December 16, 2008. 5. Exhibit B is a true and correct copy of relevant portions of the expedited word

version of Mr. Martin Schwarz's deposition testimony taken on January 30, 2009. 6. Exhibit C is a true and correct copy of relevant portions of the transcript of the

October 3, 2008 TRO hearing. 7. Exhibit D is a true and correct copy of relevant portions of the transcript of the

December 22, 2008 TRO hearing.

SUPP. LANE DECLARATION_ CASE NOS. 08-cv-04548 MHP; 08-cv-04179 MHP

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8.

On October 28, 2008, the Studio Defendants asked Real to produce documents

containing the terms "ARccOS" and/or "RipGuard". Real agreed and subsequently produced documents pursuant to that request. Attached as Exhibit E is a true and correct copy of an Email message from Lawrence Barth to Tracy Tosh Lane identifying the Studio Defendants' document requests, and containing as item I.C(15) "Documents containing the terms: "Macrovision" or "Ripguard" or "Arccoss" or "X-Protect" or "Flux" or "Fortium"."

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct and that this declaration was executed this 2nd day of February 2009 in San Francisco, California. /s/ Tracy Tosh Lane Tracy Tosh Lane

SUPP. LANE DECLARATION CASE NOS. 08-cv-04548 MHP 08-cv-04179 MHP

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