Be In, Inc. v. Google Inc. et al

Filing 24

DECLARATION of Ha-Thanh Nguyen in Support of 23 Opposition to Motion to Dismiss filed by Be In, Inc.. (Attachments: # 1 Exhibit Redacted Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate/Proof of Service, # 5 Proposed Order)(Related document(s) 23 ) (Addiego, Joseph) (Filed on 9/25/2012) Modified text on 9/26/2012 [Public Redated Version Pursuant to Judge Koh's 12/21/2011 Standing Order] (dhmS, COURT STAFF).

DAVIS WRIGHT TREMAINE LLP

1 Joseph E. Addiego III (CA State Bar No. 169522)
DAVIS WRIGHT TREMAINE LLP
2 505 Montgomery Street, Suite 800
San Francisco, California 94111
3 Telephone: [phone]
4 Facsimile: [phone]
Email: [e-mail]
5
William E. Wallace III (Pro Hac Vice Application Pending)
6 Stephen M. Nickelsburg (Pro Hac Vice Application Pending)
Roni E. Bergoffen (Pro Hac Vice Application Pending)
7 CLIFFORD CHANCE US LLP
8 2001 K Street, N.W.
Washington, D.C. 20006
9 Telephone: [phone]
Facsimile: [phone]
10 Email: [e-mail]
11

Attorneys for Plaintiff
12 BE IN, INC., a New York corporation
IN THE UNITED STATES DISTRICT COURT
THE NORTHERN DISTRICT OF CALIFORNIA

13
14
15

SAN JOSE DIVISION
BE IN, INC.,

16
17

Plaintiff,
v.

18

GOOGLE, INC., a California corporation,
19 RICHARD ROBINSON, and DOES 1 through
3, inclusive,
20
Defendants.
21
22
23

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. CV12-03373-LHK
[PUBLIC REDACTED VERSION
PURSUANT TO JUDGE LUCY H. KOH'S
DEC. 1, 2011 STANDING ORDER]
DECLARATION OF HA-THANH
NGUYEN IN SUPPORT OF
OPPOSITION TO MOTION TO
DISMISS
Hearing Date: January 3, 2013
Hearing Time: 1:30 p.m.
Courtroom: 8, 4th Floor
Judge: Hon. Lucy H. Koh

24
DECLARATION OF HA-THANH NGUYEN
25
26

I, Ha-Thanh Nguyen, declare as follows:

27

1.

28

I am an associate with the law firm Clifford Chance US LLP. I have personal

knowledge of the facts stated in this declaration and, if called upon to do so, I would and could
Case No. CV-03373-LHK
Nguyen Declaration
DWT 20418592v1 0096269-000001

1 competently testify thereto. I make this Declaration in support of Be In Inc.’s Opposition to
2 Google’s Motion to Dismiss.
3

2.

Attached as Exhibit A is a true and correct copy of Plaintiff Be In, Inc.'s June 22,

4 2012 deposit submitted to the United States Copyright Office as part of Be In, Inc.'s application to
5 the United States Copyright Office for a registered copyright. Exhibit A is the subject of Be In's
6 concurrently filed Stipulated Administrative Motion to File Document Under Seal (the
7 "Administrative Motion"). An unredacted version of Exhibit A is attached to the version of my
8 Declaration that is proposed to be filed under seal and is the subject of the Administrative Motion.
9 A redacted version of Exhibit A is attached to the public version of my Declaration that

DAVIS WRIGHT TREMAINE LLP

10 concurrently will be e-filed in conjunction with Be In’s Opposition to Google’s Motion to
11 Dismiss.
12

3.

On September 11, 2012, I visited the U.S. Copyright Records Research &

13 Certification office at the Library of Congress, located at 101 Independence Ave., SE,
14 Washington, D.C. 20559 and obtained a copy of Be In's deposit, attached as Exhibit A.
15

4.

Attached as Exhibit B is a true and correct copy of the Certificate of Registration

16 for U.S. Copyright Registration Number TX 7-567-462 for Be In Inc.'s www.camup.com site
17 (effective date of registration: June 22, 2012).
18

5.

Attached as Exhibit C for the Court’s convenience and reference is a true and

19 correct copy of the opinion, Salt Optics, Inc. v. Jand, Inc. et. al., No. SACV 10-828 DOC (RNBx)
20 (C.D. Cal. Mar. 4, 2011).
21

I declare under penalty of perjury under the laws of the United States of America that the

22 foregoing is true and correct.
23

Executed this 25th day of September 2012 at Washington, D.C.

24

/s/ Ha-Thanh Nguyen
Ha-Thanh Nguyen

25
26
27
28
2
Case No. CV12-03373-LHK
Nguyen Declaration
DWT 20418592v1 0096269-000001