Virgin America, Inc. v. Adrants Publishing, LLC et al

Filing 445

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1 2 3 4 5 6 7 8 9 10 11 12 @Zcc^\Vc( :ZccZii $ <dgbVc aae HENNIGAN, BENNETT & DORMAN LLP Roderick G. Dorman (SBN 96908) dormanr@hbdlawyers.com Alan P. Block (SBN 143783) blocka@hbdlawyers.com Marc Morris (SBN 183728) morrism@hbdlawyers.com 865 South Figueroa Street, Suite 2900 Los Angeles, California 90017 Telephone: (213) 694-1200 Fax: (213) 694-1234 Attorneys for Plaintiff ACACIA MEDIA TECHNOLOGIES CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 13 aVlnZgh adh Vc\ZaZh( XVa^[dgc^V 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In re ACACIA MEDIA TECHNOLOGIES CORPORATION. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.05 CV 01114 JW DECLARATION OF ALAN P. BLOCK IN SUPPORT OF PLAINTIFF ACACIA MEDIA TECHNOLOGIES CORPORATION'S OPPOSITION TO DEFENDANT ECHOSTAR'S MOTION RE EXCEPTIONAL CASE DATE: TIME: CTRM: JUDGE: N/A N/A 8, 4th Floor Hon. James Ware Case No. 05 CV 01114 JW Block Declaration in Support of Acacia's Opposition to Motion re Exceptional Case 1 2 3 4 5 6 7 8 9 10 11 12 @Zcc^\Vc( :ZccZii $ <dgbVc aae I, Alan P. Block, declare and state as follows: 1. I am an attorney admitted to practice before the Courts of the State of California. I am a partner in the law firm of Hennigan, Bennett & Dorman LLP, counsel of record for plaintiff Acacia Media Technologies, Inc. in this action. I offer this declaration in support of Plaintiff Acacia Media Technologies, Inc.'s Opposition to Defendant EchoStar's Motion re Exceptional Case. Except where specifically noted, I have personal knowledge of the facts set forth in this declaration and could and would testify competently if called as a witness. 2. Attached hereto as Exhibit 1 is a true and correct copy of the Notice of Compliance by Acacia With Case Management Order Narrowing Disputed Claims, Dkt. 281, filed on May 16, 2008. 3. Attached hereto as Exhibit 2 is a true and correct copy of: (1) a January 29, 2010 print-out from http://ieeexploe.ieee.org/xpl/freeabs_all.jsp?arnumber=162477 showing that the article entitled "A Store-and-Forward Architecture for Video-On-Demand Service" by Gelman, et al. was published in Communications, 1991, ICC '91, Conference Record, IEEE International Conference on June 23-26, 1991 and (2) a copy of the article entitled A Store-and-Forward Architecture for Video-On-Demand Service by Gelman, et al. published in Communications, 1991, ICC '91, Conference Record, IEEE International Conference on June 23-26, 1991 4. Attached hereto as Exhibit 3 is a true and correct copy of Defendant Coxcom, Inc.'s 13 aVlnZgh adh Vc\ZaZh( XVa^[dgc^V 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Response to Plaintiff's Notice of Pendency of Other Actions, Dkt. 43 in Case No. 04-CV-02308 SI, filed on August 5, 2004. 5. Attached hereto as Exhibit 4 is a true and correct copy of Acacia's Reply to Defendant Coxcom, Inc.'s Response to Plaintiff's Notice of Pendency of Other Actions, Dkt. 48 in Case No. 04-CV-02308 SI, filed on August 10, 2004. 6. Attached hereto as Exhibit 5 is a true and correct copy of the Joint Order to Show Cause Re: Relation, Dkt. No. 103 in Case No. 04-CV-02308 SI, filed on October 20, 2004. 7. Attached hereto as Exhibit 6 is a true and correct copy of the Clarification of Position Regarding Acacia Media Technologies Corporation's Motion to Transfer Pursuant to 28 U.S.C. 1407, filed with the Judicial Panel on Multidistrict Litigation on November 22, 2004. -1Case No. 05 CV 01114 JW Block Declaration in Support of Acacia's Opposition to Motion re Exceptional Case 1 2 3 4 5 6 7 8 9 10 11 12 @Zcc^\Vc( :ZccZii $ <dgbVc aae 8. Attached hereto as Exhibit 7 is a true and correct copy of page 6 of the transcript of the hearing conducted before the Court on August 17, 2007. 9. Attached hereto as Exhibit 8 is a true and correct copy of Plaintiff Acacia Media Technologies Corporation's Response to the Rounds 1 and 2 Defendants' Post-Hearing Brief re the Construction of the Term "Receiving System," Dkt. 202, filed on August 14, 2010. 10. Attached hereto as Exhibit 9 is a true and correct copy of pages 15-17 of the Order Re: Motions for Reconsideration of Claim Construction Order; Fifth Claim Construction Order, Dkt. 259, issued on October 19, 2007. 11. Attached hereto as Exhibit 10 is a true and correct copy of the Order Clarifying the Role of the Court's Technical Advisor, Mr. Rainer Schulz, Dkt. 21, issued on June 21, 2005. 12. Attached hereto as Exhibit 11 is a true and correct copy of the Report and Recommendation that the Proposed Appointment of Rainer Schulz be Modified, Dkt. 91, issued on September 6, 2005. 13. Attached hereto as Exhibit 12 is a true and correct copy of the Order of Appointment, 13 aVlnZgh adh Vc\ZaZh( XVa^[dgc^V 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dkt. 92, issued on September 7, 2005. 14. Attached hereto as Exhibit 13 is a true and correct copy of Acacia's Opposition to Defendants' Motion to Strike Weiss and Alexander Expert Declarations filed on November 18, 2004. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 5th day of February, 2010 at Los Angeles, California. /S/ Alan P. Block Alan P. Block Case No. 05 CV 01114 JW -2- Block Declaration in Support of Acacia's Opposition to Motion re Exceptional Case

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