Visto Corporation v. Research in Motion Limited

Filing 22

Declaration of Martin C. Robson in Support of 21 Memorandum in Opposition to Google's Motion to Quash Subpoena, or in the Alternative, for Protective Order; Cross-Motion to Compel (Redacted Version) filed byVisto Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B (Redacted), # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, I, J, and K (Redacted), # 9 Exhibit L, # 10 Exhibit M, # 11 Exhibit N, # 12 Exhibit O, # 13 Exhibit P)(Related document(s) 21 ) (Kagay, Charles) (Filed on 3/31/2008)

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~~~ 27 63 16 12 0 81 49 94 38 75 52 0 11 4 . .. 7 ~J~f~.. 1213 f.;~~ . 61 5 . ~ 18 101 ~.\,,) .= = -. = - 1 Steven J. Pollinger Texas State Bar No. 24011919 spo llinger@mckoolsmith.com Geoffrey L. Smith Texas State Bar No. 24041939 gsmith@mckoolsmith.com McKoOL SMITH, P.C. 300 West Sixth Street, Suite 1700 Austin, Texas 78701 Telephone: (512) 692-8702 Telecopier: (512) 692-8744 Martin C. Robson Texas State Bar No. 24004892 mrobson@mckoolsmith.com McKoOL SMITH, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: (214) 978-4000 Telecopier: (214) 978-4044 Attorneys for Plaintiff Visto Corporation (Additional counsel listed on signature pages) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION VISTO CORPORATION, Plaintiff and Counterclaim-Defendant, v. RESEARCH IN MOTION LIMITED, and, RESEARCH IN MOTION CORPORATION Defendants and Counterclaim-Plaintiffs. Case No. CV-08-80031-JSW (JL) Court of Original Jurisdiction: Civil Action No. 2-06-CV-181-TWJ(CE) United States District Court for the Eastern District of Texas - Marshall Division DECLARATION OF MARTIN C. ROBSON IN SUPPORT OF VISTO'S OPPOSITION TO GOOGLE'S MOTION TO QUASH SUBPOENA, OR IN THE ALTERNATIVE, FOR PROTECTIVE ORDER; VISTO'S CROSS-MOTION TO COMPEL [REDACTED] Date: April 23, 2008 Time: 9:30 a.m. Dockets.Justia.com . :-1.0~ g : .· O!: I, Martin C. Robson, declare as follows: ... - '" ~~ ! \oj ·· "j I·I· =:. II 0 27 ~ 11 3 1 12 5 £,~e:·I 16 4 E ~\ I . ~ 23 18 74 26 95 82 63 51 49 37 120 0 1. I am an attorney in the law finn of McKool Smith, P.C., counsel of record for in the above-captioned matter. I have personal knowledge thereto. Original of the following Visto Corporation facts and, if called upon to do so, I could and would testify competently 2. Attached as Exhibit A is a true and correct copy of Visto Corporation's Complaint for Patent Infringement against Research in Motion Limited and Research in Motion Corporation in the case styled as Visto Corporation. v. Research in Motion Limited and Research in Motion Corporation, C.A. No. 2-06-CV-181-TJW(CE), Eastern District of Texas, Marshall Division. 3. and Research Corporation's 4. United States District Court for the Attached as Exhibit B is a true and correct copy of Research in Motion Limited in Motion Corporation's Supplemental Objections and Responses to Visto Sixth Set of Interrogatories dated January 18,2008. Attached as Exhibit C is a true and correct copy of Visto Corporation's Subpoena in a Civil Case issued to Mr. Kent Walker,' General Counsel of Google, Inc., dated February 1, 2008. 5. Attached as Exhibit D is a true and correct copy of Visto Corporation's Subpoena in a Civil Case issued to Mr. Khari J. Tillery, outside counsel for Google, Inc., dated March 5, 2008. 6. Attached as Exhibit E is a true and correct copy of a letter from Mr. Michael H. Page to Mr. Geoffrey 7. corporate 1. Smith dated March 10,2008. from Google's IS Attached as Exhibit F is a true and correct copy of a webpage website. The link to the webpage Dallas 252932v I https:llmail.googIe.com/supportibin/answer.py?answer=78882 . :i;;i0.(:. I· II i:o of and was printed on March 28, '" ·I· ~ = [~~~; ·0 E,·~1 a ~J/00= \ ~ w: 0 ·I I· ·d 3 17 91 48 73 65 120 39 82 54 06 2215 2008. 17 3 1 114 161 8. corporate Attached as Exhibit G is a true and correct copy of a webpage from Google's website. The link to the webpage IS https://maiI.goo~le.com/supportlbin/answer.py?answer=I4748 2008. 9. and was printed on March 28, Attached as Exhibit H is a true and correct copy of certain excerpts from the February 21, 2008 Deposition of Ryan Harkins. 10. Attached as Exhibit I is a true and correct copy of certain excerpts from the March 12, 2008 Deposition of David Clarke . II. Attached as Exhibit J is a true and correct copy of certain excerpts from the February 12, 2008 Deposition of Michael Morrissey. 12. Attached as Exhibit K is a true and correct copy of certain excerpts from the February 20, 2008 Deposition of David Castell. 13. Scheduling Attached as Exhibit L is a true and correct copy uf the January 29, 2007 Notice of Conference, Proposed Deadlines for Docket Control Order and Discovery Order entered in the lawsuit styled as Vista Corporation. v. Research in Motion Limited and Research in Motion Corporation, C.A. No. 2-06-CV -181- TJW(CE), United States District Court for the Eastern District of Texas, Marshall Division. 14. Attached as Exhibit M is a true and correct copy of a letter from Mr. Hao Ni to Mr. Craig D. Leavell dated February 19,2008. 15. Attached as Exhibit N is a true and correct copy of an email string between Ms. Tiffany Cunningham and Mr. Geoffrey Smith dated March 4, 2008. Dallas 252932v I 16. ~ ~< -" 0 ~ '" Attached as Exhibit 0 is a true and correct copy of a letter from Mr. Khari J. i ~ ·~ "". . I~ ~ 01 110 · c· 0 22 7 < o ~ 13 4 Tillery to Mr. Geoffrey L. Smith dated March 4, 2008. 1 11 5 .· r ~ 16 93 82 28 45 37 5 120 04 11 66 79 flJOO!Io: I \01 ~ = ~\oIO! 17. Attached as Exhibit P is a true and correct copy of the April 2, 2007 Agreed Protective Order entered in the lawsuit styled as Visto Corporation. v. Research in Motion Limited and Research in Motion Corporation, c.A. No. 2-06-CV -181- TJW(CE), United States District Court for the Eastern District of Texas, Marshall Division. 18. On at least three occasions, counsel for Visto Corporation and counsel for Google, to resolve the dispute regarding the lnc.'s motion to quash and Visto Inc. conferred by telephone and attempted, unsuccessfully, third-party Corporation's subpoena that is the subject of Google, cross-motion to compel. I declare under penalty of perjury under the laws of the United Sates that the foregoing is true and correct. Executed this 31 st day of March, 2008 at Dallas, Texas. Martin C. Robson %7~- Dallas 252932vl

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