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

Filing 69

REPLY (re 64 MOTION to Dismiss First, Third, and Fourth Causes of Action of The Second Amended Complaint ) filed byGOOGLE UK LTD., Google Inc., YouTube, LLC. (Attachments: # 1 Declaration of Colleen Bal, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Bal, Colleen) (Filed on 8/15/2013)

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COLLEEN BAL, State Bar No. 167637
CHARLES TAIT GRAVES, State Bar No. 197923
RIANA PFEFFERKORN, State Bar No. 266817
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
One Market Plaza
Spear Tower, Suite 3300
San Francisco, California 94105-1126
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants
Google Inc., Google UK Ltd.,
and YouTube, LLC
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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BE IN, INC., a New York Corporation,
Plaintiff,
v.
GOOGLE INC., a California corporation;
YOUTUBE, LLC, a Delaware limited liability
company, and GOOGLE UK LTD., a private
limited company registered in England and
Wales,
Defendants.

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REPLY DECLARATION OF COLLEEN BAL
ISO MOTION TO DISMISS SAC
CASE NO.: 5:12-CV-03373-LHK

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Case No.: 5:12-cv-03373-LHK
REPLY DECLARATION OF
COLLEEN BAL IN SUPPORT OF
MOTION TO DISMISS FIRST,
THIRD, AND FOURTH CAUSES OF
ACTION OF THE SECOND
AMENDED COMPLAINT
Hearing Date: November 21, 2013
Hearing Time: 1:30 p.m.
Courtroom: 8, 4th Floor
Judge: Hon. Lucy H. Koh

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I, Colleen Bal, declare:

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I am a partner at Wilson Sonsini Goodrich & Rosati, P.C. (“WSGR”), counsel for

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Defendants Google Inc., Google UK Ltd. and YouTube, LLC in this action. I have personal

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knowledge of the facts stated herein, and would and could testify thereto if called as a witness.

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2.

Attached hereto as Exhibit A is a true and correct copy of the First Amended

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Complaint (Docket No. 22) filed in SOAProjects, Inc. v. SCM Microsys, No. 5:10-cv-01773-

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LHK (N.D. Cal. Aug. 22, 2010).

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3.

Attached hereto as Exhibit B is a true and correct copy of the Complaint (Docket

No. 1) filed in TMX Funding, Inc. v. Impero Tech. Inc., No. 5:10-cv-00202-JF (N.D. Cal. Jan.

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14, 2010).

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4.

Attached hereto as Exhibit C is a true and correct copy of the Notice of Removal

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(Docket No. 1) filed in Vinyl Interactive, LLC v. Guarino, No. 4:09-cv-00987-CW (N.D. Cal.

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March 6, 2009) and the portion of Exhibit A thereto that is the original Complaint filed in that

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action. I have not attached additional documents that were appended to the Notice of Removal

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due to their volume.

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5.

Attached hereto as Exhibit D is a true and correct copy of the First Amended

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Complaint (Docket No. 37) filed in Brocade Commc’ns Sys., Inc. v. A10 Networks, Inc., No.

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5:10-cv-03428-PSG (N.D. Cal. Oct. 29, 2010).

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6.

Attached hereto as Exhibit E is a true and correct copy of the Complaint (Docket

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No. 1) filed in Cvent, Inc. v. Eventbrite, Inc., No. 1:10-cv-00481-LMB-IDD (E.D. Va. May 1,

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2010).

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

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foregoing is true and correct to the best of my knowledge. Executed in San Francisco, California

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this 15th day of August, 2013.

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/s/ Colleen Bal
Colleen Bal

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REPLY DECLARATION OF COLLEEN BAL
ISO MOTION TO DISMISS SAC
CASE NO.: 5:12-CV-03373-LHK

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