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

Filing 75

Joinder re 72 Memorandum in Opposition, JOINDER OF DVD CCA IN MOTION PICTURE STUDIOS' OPPOSITION TO REALNETWORKS, INC. AND REALNETWORKS HOME ENTERTAINMENT, INC.'S MOTION FOR LEAVE TO AMEND by DVD Copy Control Association, Inc.. (Attachments: # 1 Affidavit DECLARATION OF REGINALD D. STEER IN SUPPORT OF JOINDER OF DVD CCA IN MOTION PICTURE STUDIOS' OPPOSITION TO REALNETWORKS, INC. AND REALNETWORKS HOME ENTERTAINMENT, INC.'S MOTION FOR LEAVE TO AMEND)(Steer, Reginald) (Filed on 12/1/2008)

1 REGINALD D. STEER (SBN 056324) [e-mail] 2 MARIA ELLINIKOS (SBN 235528) [e-mail] 3 AKIN GUMP STRAUSS HAUER & FELD LLP 580 California Street, 15th Floor 4 San Francisco, California 94104-1036 Telephone: [phone] Facsimile: [phone] 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 And Related Cases EDWARD P. LAZARUS (SBN 212658) [e-mail] STEPHEN MICK (SBN 131569) [e-mail] MICHAEL SMALL (SBN 222768) [e-mail] AKIN GUMP STRAUSS HAUER & FELD LLP 2029 Century Park East, Suite 2400 Los Angeles, California 90067-3012 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant DVD COPY CONTROL ASSOCIATION, INC.

WILLIAM SLOAN COATS (SBN 94864) [e-mail] MARK WEINSTEIN (SBN 193043) [e-mail] MARK F. LAMBERT (SBN 197410) [e-mail] WHITE & CASE LLP 3000 El Camino Real 5 Palo Alto Square, 9th Floor Palo Alto, California 94306 Telephone: [phone] Facsimile: [phone]

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, et al. Defendants. Case No. C08 04548 MHP Case No. C08 04719 MHP (related case) DECLARATION OF REGINALD D. STEER IN SUPPORT OF JOINDER OF DEFENDANT AND COUNTERCLAIMANT DVD COPY CONTROL ASSOCIATION, INC. IN MOTION PICTURE STUDIOS' OPPOSITION TO REALNETWORKS, INC. AND REALNETWORKS HOME ENTERTAINMENT INC.'S MOTION FOR LEAVE TO AMEND

STEER DECLARATION IN SUPPORT OF DVD CCA'S JOINDER IN MOTION PICTURE STUDIOS' OPPOSITION TO MOTION FOR LEAVE TO AMEND

Case No. C08 04548 MHP Case No. C08 04719 MHP

1 2 3 4

I, REGINALD D. STEER, declare: 1. I am a member in good standing of the California State Bar and a partner in the law firm

Akin Gump Strauss Hauer & Feld LLP, counsel of record for Defendant and Counterclaimant DVD Copy Control Association ("DVD CCA"). I am admitted to practice in the United States District Court

5 for the Northern District of California. This declaration is made in support of DVD CCA's Joinder in 6 Motion Studios' Opposition to RealNetworks, Inc. and RealNetworks Home Entertainment, Inc.'s 7 (together, "Real") Motion for Leave to Amend. This declaration is based upon my personal 8 knowledge, and if called to testify as to the contents of this declaration, I could and would competently 9 do so. 10 2. In response to a request for extension from DVD CCA's counsel, Real's counsel refused

11 to provide more than a one-day extension of time to respond to the Complaint, except on conditions 12 that were unacceptable to DVD CCA. Attached hereto as Exhibit A is a true and correct copy of an 13 October 17, 2008 e-mail from Colleen Bal, counsel for Real, to Reginald D. Steer. 14 3. At the time DVD CCA filed its answer to Real's complaint, on October 21, 2008 (Dkt.

15 No. 53), Real's counsel had never mentioned that Real was considering amending its complaint and 16 had not made known to counsel for DVD CCA any information about the so-called "New Platform" 17 that is the subject of its proposed amendment. 18 I declare under penalty of perjury under the laws of the State of California and of the United

19 States of America that the foregoing is true and correct and that this declaration was executed at San 20 Francisco, California, this 1st day of December, 2008. 21 22 23 24 25 26 27 28 2
STEER DECLARATION IN SUPPORT OF DVD CCA'S JOINDER IN MOTION PICTURE STUDIOS' OPPOSITION TO MOTION FOR LEAVE TO AMEND
Case No. C08 04548 MHP Case No. C08 04719 MHP

___________/s/___________ Reginald D. Steer