Apple Inc. v. Amazon.Com, Inc.

Filing 29

Declaration of Martin R. Glick in Support of 28 Opposition/Response to Motion to Shorten Time to Hear Motion for Preliminary Injunction filed byAmazon Digital Services, Inc., Amazon.Com, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Related document(s) 28 ) (Glick, Martin) (Filed on 4/18/2011)

1
2
3
4
5
6
7
8
9

MARTIN R. GLICK (No. 40187)
email: [e-mail]
CLARA J. SHIN (No. 214809)
email: [e-mail]
SARAH J. GIVAN (No. 238301)
email: [e-mail]
HOWARD RICE NEMEROVSKI CANADY
FALK & RABKIN
A Professional Corporation
Three Embarcadero Center, 7th Floor
San Francisco, California 94111-4024
Telephone: [phone]
Facsimile:
415/677-6262
Attorneys for Defendants
AMAZON.COM, INC., a Delaware corporation,
and AMAZON DIGITAL SERVICES, INC., a
Delaware corporation

10
11

UNITED STATES DISTRICT COURT

12

NORTHERN DISTRICT OF CALIFORNIA

13
14

APPLE INC., a California corporation,

15
16
17
18
19

Plaintiff,
v.
AMAZON.COM, INC., a Delaware corporation,
and AMAZON DIGITAL SERVICES, INC., a
Delaware corporation,

No. 11-cv-01327 PJH
Action Filed: March 18, 2011
DECLARATION OF MARTIN R. GLICK IN
SUPPORT OF DEFENDANTS’
OPPOSITION TO MOTION TO SHORTEN
TIME TO HEAR MOTION FOR
PRELIMINARY INJUNCTION

Defendants.

20
21
22
23
24
25
26
27
28
GLICK DECL. ISO DEFENDANTS’ OPP TO MTN TO SHORTEN TIME

11-cv-01327 PJH

1

I, Martin R. Glick, hereby declaration as follows:

2

1.

I am an attorney licensed to practice law in the State of California and a Director in the

3

law firm of Howard Rice, a Professional Corporation. My firm represents Defendants Amazon.com,

4

Inc. and Amazon Digital Services, Inc. (collectively “Amazon”) in the above-captioned action. I

5

make this Declaration In Support Of Amazon’s Opposition To Plaintiff Apple Inc.’s Motion To

6

Shorten Time To Hear Motion For Preliminary Injunction (“Declaration”). Except as other stated,

7

the representations made in this Declaration are based on my personal knowledge and, if called upon

8

to do so, I could and would testify competently to the facts stated therein.

9

2.

I have reviewed this Court’s Notice Regarding Civil Law And Motion Hearing Dates

10

(“Notice”). On April 13, 2011, at about 2:00 p.m., I received a telephone call and voicemail

11

message from outside counsel for Apple, Inc. (“Apple”) asking me to return his call but leaving no

12

other substantive message. I returned his call, but he was out of the office, so we actually spoke at

13

about 3:30 p.m. At that time, he informed me for the first time that Apple was going to file a motion

14

for preliminary injunction. We discussed the Court’s Notice regarding hearings, and he asked if

15

Amazon was willing to consent to a shorter, undefined period of time (other than not less than the

16

minimum period allowed under the federal and civil local rules) for hearing Apple’s motion. I

17

responded that I would need to discuss the request with my client and inquired when Apple was

18

intending to file the motion. He informed me that Apple was going to file the motion that day, and

19

he understood that we would not practically have time to respond to his request before he filed the

20

motion, but that Amazon would have the four days allowed by the local rules to indicate our

21

position. We left it at that, and I received Apple’s e-filed motion and supporting declarations later

22

on that same day.

23

3.

Attached as Exhibit 1 is a true and correct copy of an October 8, 2010 article from

24

Androinica titled “Amazon’s own Android app store now confirmed,” which my office located and

25

printed from the website http://androinica.com/2010/10/amazons-own-android-app-store-now-

26

confirmed/ on April 15, 2011.

27
28
GLICK DECL. ISO DEFENDANTS’ OPP TO MTN TO SHORTEN TIME

-1-

11-cv-01327 PJH

1

4.

Attached as Exhibit 2 is a true and correct copy of a publicly available transcript of

2

Apple’s October 18, 2010 earnings call, which my office printed from the website

3

www.seekingalpha.com on April 15, 2011.

4

5.

Attached as Exhibit 3 is a true and correct copy of a printout from the United States

5

Patent & Trademark Office website, reflecting the docket activity for Microsoft Corporation v.

6

Apple Inc., Opposition No. 91195582, which my office located and printed on April 15, 2011.

7

I declare under penalty of perjury under the laws of the State of California that the foregoing is

8

true and correct to the best of my knowledge. Executed this 18th day of April, 2011, in San

9

Francisco, California.

10
/s/ Martin R. Glick
MARTIN R. GLICK

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

GLICK DECL. ISO DEFENDANTS’ OPP TO MTN TO SHORTEN TIME

-2-

11-cv-01327 PJH