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

Filing 206

Declaration of Jonathan H. Blavin in Support of 202 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byDisney Enterprises, Inc., Paramount Pictures Corp., Sony Pictures Entertainment Inc., Twentieth Century Fox Film Corporation, NBC Universal, Inc., Warner Bros. Entertainment, Inc., Viacom, Inc.. (Attachments: # 1 Exhibit 65-70)(Related document(s) 202 ) (Singla, Rohit) (Filed on 3/19/2009)

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

Doc. 206

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GLENN D. POMERANTZ (SBN 112503) [e-mail] BART H. WILLIAMS (SBN 134009) [e-mail] KELLY M. KLAUS (SBN 161091) [e-mail] MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue, 35th Floor Los Angeles, CA 90071-1560 Tel: [phone]; Fax: [phone] GREGORY P. GOECKNER (SBN 103693) [e-mail] DANIEL E. ROBBINS (SBN 156934) [e-mail] 15301 Ventura Boulevard, Building E Sherman Oaks, California 91403-3102 Tel: [phone]; Fax: [phone]

ROBERT H. ROTSTEIN (SBN 72452) [e-mail] ERIC J. GERMAN (SBN 224557) [e-mail] MITCHELL SILBERBERG & KNUPP LLP 11377 West Olympic Boulevard Los Angeles, California 90064-1683 Tel: [phone]; Fax: [phone]

Attorneys for Motion Picture Studio Plaintiffs/Declaratory Relief Claim Defendants

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA REALNETWORKS, INC., et al., Plaintiffs, vs. DVD COPY BATES ASSOCIATION, INC., et al. Defendants. CASE NO. C 08-4548-MHP DECLARATION OF JONATHAN H. BLAVIN IN SUPPORT OF STUDIO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION Date: April 1, 2009 Time: 9:00 a.m. Ctrm: 15 (Hon. Marilyn Hall Patel)

UNIVERSAL CITY STUDIOS PRODUCTIONS LLLP, et al., Plaintiffs, vs. REALNETWORKS, INC., et al. Defendants.

CASE NO. C 08-4719-MHP

PUBLIC REDACTED VERSION

BLAVIN DECLARATION ISO MOTION FOR PRELIMINARY INJUNCTION CASE NO. C 08-4548-MHP
Dockets.Justia.com

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DECLARATION OF JONATHAN H. BLAVIN I, Jonathan H. Blavin, declare: 1. I am an attorney associated with the law firm of Munger, Tolles & Olson

LLP, counsel of record for Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Paramount Pictures Corp., Sony Pictures Entertainment, Inc., Sony Pictures Television Inc., Twentieth Century Fox Film Corp., NBC Universal, Inc., Walt Disney Pictures, Warner Bros. Entertainment, Inc., Universal City Studios Productions LLLP, Universal City Studios LLLP, and Viacom, Inc. ("the Studios") in the above-captioned matter. I make this Declaration based upon my own personal knowledge, and if called upon to do so, I could and would testify competently to the matters stated herein. 2. Attached hereto are true and correct copies of excerpts of the following

transcripts of depositions and proceedings in this litigation: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Exhibit 10: Exhibit 11: Exhibit 12: Exhibit 13: Exhibit 14: 3. Final Transcript of Deposition of Philip Barrett. Final Transcript of Deposition of Todd Basche. Final Transcript of Deposition of James Bielman. Final Transcript of Deposition of James Brennan. Final Transcript of Deposition of Jeffrey Buzzard. Final Transcript of Deposition of Jeffrey Chasen. Final Transcript of Deposition of Elizabeth Coppinger. Final Transcript of Deposition of Nicole Hamilton. Final Transcript of Deposition of Marsha K. King. Final Transcript of Deposition of Andrew Parsons. Final Transcript of Deposition of Martin Schwarz. Final Transcript of Deposition of Richard Wolpert. Final Transcript of Deposition of Edward Felten. Reporter's Transcript of Proceedings dated October 3, 2008.

Attached hereto are true and correct copies of the following documents
BLAVIN DECLARATION ISO MOTION FOR PRELIMINARY INJUNCTION CASE NO. C 08-4548-MHP

produced by Real to the Studios in this litigation: -1-

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Exhibit 15:

Excerpt of Authenticator Module for CSS Decryption Module, CSS License, November 1, 2000, produced by Real in this litigation bearing the Bates number REAL001284.

Exhibit 16:

Ripping Guide dated November 17, 2005 produced by Real in this litigation bearing the Bates numbers REAL018492-502.

Exhibit 17:

Email dated January 29, 2007 produced by Real in this litigation bearing the Bates number REAL105086.

Exhibit 18:

Digital Home Entertainment Presentation dated April 2007 produced by Real in this litigation bearing the Bates numbers REAL051130-66.

Exhibit 19:

Excerpts of Digital Home Entertainment Presentation dated April 2007 produced by Real in this litigation bearing the Bates numbers REAL051595, REAL051628.

Exhibit 20:

Email dated June 18, 2007 produced by Real in this litigation bearing the Bates number REAL053305.

Exhibit 21:

CSS License Agreement dated August 2007 produced by Real in this litigation bearing the Bates numbers REAL001411-44.

Exhibit 22:

Email dated August 22, 2007 produced by Real in this litigation bearing the Bates number REAL056606.

Exhibit 23:

Vegas Project PRD Lite Memorandum dated October 2, 2007 produced by Real in this litigation bearing the Bates numbers REAL078801-08.

Exhibit 24:

Email dated October 15, 2007 produced by Real in this litigation bearing the Bates number REAL075625.

Exhibit 25:

Email dated November 26, 2007 produced by Real in this litigation bearing the Bates numbers REAL078281-82.

Exhibit 26:

Email dated November 26, 2007 produced by Real in this litigation bearing the Bates number REAL079937. -2BLAVIN DECLARATION ISO MOTION FOR PRELIMINARY INJUNCTION CASE NO. C 08-4548-MHP

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Exhibit 27:

Email dated December 11, 2007 produced by Real in this litigation bearing the Bates numbers REAL077776-82.

Exhibit 28:

Email dated January 2, 2008 produced by Real in this litigation bearing the Bates numbers REAL094704-46.

Exhibit 29:

Email dated January 7, 2008 produced by Real in this litigation bearing the Bates numbers REAL065557-62.

Exhibit 30:

Email dated January 14, 2008 produced by Real in this litigation bearing the Bates number REAL074508.

Exhibit 31:

Email dated January 14, 2008 produced by Real in this litigation bearing the Bates numbers REAL094646-47.

Exhibit 32:

Email dated January 15, 2008 produced by Real in this litigation bearing the Bates numbers REAL094237-38.

Exhibit 33:

Email dated January 16, 2008 produced by Real in this litigation bearing the Bates numbers REAL074742-43.

Exhibit 34:

Vegas - Product Launch Plan Review Presentation dated April 9, 2008 produced by Real in this litigation bearing the Bates numbers REAL105912-29.

Exhibit 35:

Email dated May 29, 2008 produced by Real in this litigation bearing the Bates numbers REAL106108-10.

Exhibit 36:

Email dated May 29, 2008 produced by Real in this litigation bearing the Bates numbers REAL064873-75.

Exhibit 37:

RealDVD Specification dated June 16, 2008 produced by Real in this litigation bearing the Bates numbers REAL000541-44, REAL000620.

Exhibit 38:

Email dated June 11, 2008 produced by Real in this litigation bearing the Bates number REAL086680.

Exhibit 39:

Vegas - Marketing & Product Launch Plan Review Presentation dated June 27, 2008 produced by Real in this litigation bearing the -3BLAVIN DECLARATION ISO MOTION FOR PRELIMINARY INJUNCTION CASE NO. C 08-4548-MHP

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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 27 28 Exhibit 51: Exhibit 50: Exhibit 49: Exhibit 48: Exhibit 47: Exhibit 46: Exhibit 45: Exhibit 44: Exhibit 43: Exhibit 42: Exhibit 41: Exhibit 40:

Bates numbers REAL090496-510. Consumer Home Piracy Research Findings dated July 2008 produced by Real in this litigation bearing the Bates numbers REAL028798-803. Email dated July 15, 2008 produced by Real in this litigation bearing the Bates numbers REAL088249-51. RealNetworks - Real DVD Launch Strategy Presentation dated August 2008 produced by Real in this litigation bearing the Bates numbers REAL021001-67. Email dated August 5, 2008 produced by Real in this litigation bearing the Bates number REAL058267. Email dated August 22, 2008 produced by Real in this litigation bearing the Bates numbers REAL090461-62. Email dated August 25, 2008 produced by Real in this litigation bearing the Bates numbers REAL082717-20. Email dated August 29, 2008 produced by Real in this litigation bearing the Bates number REAL065350. Excerpts of RealDVD Presentation dated September 2008 document produced by Real in this litigation bearing the Bates numbers REAL064050, REAL064087. RealDVD Presentation dated September 8, 2008 produced by Real in this litigation bearing the Bates numbers REAL136322-33. Email dated September 10, 2008 produced by Real in this litigation bearing the Bates number REAL096837. Email dated September 11, 2008 produced by Real in this litigation bearing the Bates numbers REAL050186-87. Q3 2008 U.S. PR Recap Report & Q4 2008 U.S. PR Plan (draft) dated October 2008 produced by Real in this litigation bearing the -4BLAVIN DECLARATION ISO MOTION FOR PRELIMINARY INJUNCTION CASE NO. C 08-4548-MHP

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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 27 28 4. Exhibit 60: Exhibit 59: Exhibit 58: Exhibit 57: Exhibit 56: Exhibit 55: Exhibit 54: Exhibit 53: Exhibit 52:

Bates numbers REAL135672-95. Excerpt of Buffalo Presentation produced by Real in this litigation bearing the Bates numbers REAL004742, Resume of Todd Basche produced by Real in this litigation bearing the Bates numbers REAL113070-71. Handwritten notes produced by Real in this litigation bearing the Bates numbers REAL135584-89. MSS Format Strategy Working Papers Presentation produced by Real in this litigation bearing the Bates numbers REAL077134-59. Excerpts of Facet 1.0 Plan Presentation produced by Real in this litigation bearing the Bates numbers REAL052855, REAL052864. Excerpts of Facet Strategic Positioning/Plan Presentation produced by Real in this litigation bearing the Bates numbers REAL106086, REAL106099. Vegas - Product Review Presentation produced by Real in this litigation bearing the Bates numbers REAL105869-84. Elliot Ave Corp Overview produced by Real in this litigation bearing the Bates numbers REAL106083-85. RealDVD What, How, Why Presentation produced by Real in this litigation bearing the Bates numbers REAL106519-43. Attached hereto are true and correct copies of the following Expert Reports

submitted in this litigation: Exhibit 61: Exhibit 62: Exhibit 63: 5. Timothy F. Bresnahan dated February 20, 2009. Larry Gerbrandt dated February 20, 2009. Gordon Klein dated February 20, 2009.

Attached hereto as Exhibit 64 is a true and correct copy of the response to

Interrogatory No. 6 served by RealNetworks ("Real") on January 6, 2009. 6. Attached hereto as Exhibit 65 is a true and correct copy of the RealDVD -5BLAVIN DECLARATION ISO MOTION FOR PRELIMINARY INJUNCTION CASE NO. C 08-4548-MHP

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Internet homepage, www.RealDVD.com, as it appeared on Monday, September 29, 2008. 7. Attached hereto as Exhibit 66 is a true and correct copy of the RealDVD

"Features" information webpage, www.RealDVD.com/features, as it appeared on Monday, September 29, 2008. 8. Attached hereto as Exhibit 67 is a true and correct copy of the article,

"RealNetworks releasing DVD copy software," written by AP writer Rachel Metzand published in the Seattle Times on September 8, 2008. 9. Attached hereto as Exhibit 68 is a true and correct copy of RealNetworks'

Reply Brief in Support of Motion for Preliminary Injunction files in RealNetworks, Inc. v. Steambox, Inc., No. C-99-2070-P, (W.D. Wash Jan. 6, 2000). 10. the DVD "Wall-E." 11. Attached hereto as Exhibit 70 is a true and correct copy of the Addendum Attached hereto as Exhibit 69 is a true and correct copy of the packaging of

to Statement of Decision the California Superior Court, County of Santa Clara, in DVD Copy Control Ass'n, Inc. v. Kaleidescape, Inc., No. 1-04 CV031829 (April 13, 2007). I declare under penalty of perjury under the laws of the United States and California that the foregoing is true and correct and that this Declaration was executed this 19th day of March 2009, in San Francisco, California.

/s/ JONATHAN H. BLAVIN

-6-

BLAVIN DECLARATION ISO MOTION FOR PRELIMINARY INJUNCTION CASE NO. C 08-4548-MHP