Streetspace, Inc v. Google, Inc. et al

Filing 29

MOTION to Disqualify Counsel for Millennial Media (Cooley LLP) by Streetspace, Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Coddington, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(Fazio, James) (kaj).

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DOUGLAS E. OLSON (CSB NO. 38649)
[e-mail]
JAMES V. FAZIO, III (CSB NO. 183353)
[e-mail]
TREVOR Q. CODDINGTON, PH.D. (CSB NO. 243042)
[e-mail]
SAN DIEGO IP LAW GROUP LLP
12526 High Bluff Drive, Suite 300
San Diego, CA 92130
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
STREETSPACE, INC.

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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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STREETSPACE, INC., a Delaware
corporation,
Plaintiff,

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vs.
GOOGLE INC., a Delaware corporation;
ADMOB, INC., a Delaware corporation;
APPLE INC., a California corporation;
QUATTRO WIRELESS, INC., a Delaware
corporation; NOKIA CORPORATION, a
foreign corporation; NOKIA INC., a
Delaware corporation; NAVTEQ
CORPORATION, a Delaware corporation;
MILLENNIAL MEDIA, INC., a Delaware
corporation; JUMPTAP, INC., a Delaware
corporation; and DOES 1 through 20,
inclusive,

CASE NO. 10-CV-1747-LAB-AJB
NOTICE OF MOTION AND MOTION
BY PLAINTIFF STREETSPACE, INC.
TO DISQUALIFY COUNSEL FOR
DEFENDANT MILLENNIAL MEDIA
Date:
Time:
Judge:
Ctrm:

March 14, 2011
11:15 a.m.
Hon. Larry A. Burns
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Defendants.
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CASE NO. 10-CV-1747-LAB-AJB

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NOTICE IS HEREBY GIVEN that on March 14, 201, at 11:15 a.m. or as soon thereafter

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as the matter may be heard, before the Honorable Larry A. Burns in Courtroom 9 of the above-

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entitled court, located at 880 Front Street, San Diego, California 92101, Plaintiff Streetspace, Inc.

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(“Streetspace”) will and hereby does respectfully move this Court for an order disqualifying

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attorney Chris Campbell and the entire law firm of Cooley LLP from representing Defendant

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Millennial Media, Inc. or any party in this matter on the ground that Mr. Campbell is a former

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intellectual property partner in the Washington, D.C. office of Hunton & Williams—the same

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office of the same firm that prosecuted Streetspace‟s patent in this case (U.S. Patent No.

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6,847,969 (“the „969 patent”)—and was a partner with Hunton & Williams for more than the

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same two-plus year period during which Hunton & Williams prosecuted the „969 patent to

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issuance.

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The motion is based on this Notice of Motion and Motion, the memorandum of points and

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authorities filed concurrently herewith, the Declaration of Trevor Q. Coddington and exhibits

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thereto, and on such other and further matters as the Court may consider at or before the hearing

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on the motion.

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Dated: January 28, 2011

SAN DIEGO IP LAW GROUP LLP

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By:/s/James V. Fazio, III
DOUGLAS E. OLSON
JAMES V. FAZIO, III
TREVOR Q. CODDINGTON, PH.D.
Attorneys for Plaintiff
STREETSPACE, INC.

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-1CASE NO. 10-CV-1747-LAB-AJB

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CERTIFICATE OF SERVICE
I, the undersigned, certify and declare that I am over the age of 18 years old, employed in
the County of San Diego, State of California, and am not a party to the above-entitled action.
On January 28, 2011, I filed a copy of the following documents:

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NOTICE OF MOTION AND MOTION BY PLAINTIFF STREETSPACE, INC. TO
DISQUALIFY COUNSEL FOR DEFENDANT MILLENNIAL MEDIA

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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF THE MOTION
BY PLAINTIFF STREETSPACE, INC. TO DISQUALIFY COUNSEL FOR DEFENDANT
MILLENNIAL MEDIA

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DECLARATION OF TREVOR Q. CODDINGTON IN SUPPORT OF THE MOTION BY
STREETSPACE, INC. TO DISQUALIFY COUNSEL FOR MILLENNIAL MEDIA

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by electronically filing with the Clerk of the Court using the CM/ECF system, which will send

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notification of such filing to the following email addresses:

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John S. Kyle
Cooley LLP
Email: [e-mail]
Frank V. Pietrantonio
Cooley LLP
Email: [e-mail]
Christopher C. Campbell
Cooley LLP
Email: [e-mail]
George A. Riley
O’Melveny & Myers LLP
Email: [e-mail]
Luann L. Simmons
O’Melveny & Myers LLP
Email: [e-mail]
Anne E. Huffsmith
O’Melveny & Myers LLP
Email: [e-mail]
Shawn E. McDonald
Foley & Lardner LLP
Email: [e-mail]
Matthew B. Lowrie
Foley & Lardner LLP
Email: [e-mail]

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3:10-CV-01757-LAB-AJB

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Justin E. Gray
Foley & Lardner LLP
Email: [e-mail]
Kurt M. Kjelland
Goodwin Procter LLP
Email: [e-mail]
David Heskel Ben-Meir
Alston & Bird LLP
[e-mail]

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I hereby certify and declare, under the penalty of perjury, under the laws of the United
States and of the State of California, that the foregoing is true and correct.
Executed on this 28th day of January 2011, at San Diego, California.

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By: /s/ James V. Fazio, III
James V. Fazio, III

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3:10-CV-01757-LAB-AJB