Streetspace, Inc v. Google, Inc. et al

Filing 33

RESPONSE in Opposition re 23 Joint MOTION for Change Venue filed by Streetspace, Inc. (Attachments: # 1 Declaration of James V. Fazio, III in Opposition to Defendant's Motion to Transfer Venue, # 2 Exhibts A-M, # 3 Exhibits N-W)(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.
UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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STREETSPACE, INC., a Delaware
corporation,

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DECLARATION OF JAMES V.
FAZIO, III IN OPPOSITION TO
DEFENDANTS’ MOTION TO
TRANSFER VENUE

Plaintiff,

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CASE NO. 10-CV-1757-LAB-AJB

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,

Date:
Time:
Judge:
Ctrm:

March 14, 2011
11:15 a.m.
Hon. Larry A. Burns
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Defendants.

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FAZIO DECL. IN OPPOSITION TO MOTION TO TRANSFER
CASE NO. 10-CV-1757-LAB-AJB

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I, James V. Fazio, III, declare as follows:

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I am a partner with San Diego IP Law Group LLP, counsel of record for plaintiff

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Streetspace, Inc. in the above-captioned matter. I have personal knowledge of the following facts

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and, if called upon to do so, I could and would testify competently thereto.

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2.

Attached hereto as Exhibit A is a true and correct copy of the Defendants’ Joint

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Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a) to the U.S. District Court for the

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Southern District of California filed in SPH America, LLC v. Acer, Inc., et al., Case No. 1:09-cv-

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740-LMB (E.D. Va.) obtained from the Public Access to Court Electronic Records at

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www.pacer.psc.uscourts.gov.

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3.

Attached hereto as Exhibit B is a true and correct copy of the Declaration of Jari

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Niemela, Vice President of AT&T Product Development Line of Nokia Inc., in Support of

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Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a) by Defendant Nokia Inc. filed in SPH

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America, LLC v. Apple, Inc., et al., Case No. 1:09-cv-776-LMB (E.D. Va.) obtained from the

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Public Access to Court Electronic Records at www.pacer.psc.uscourts.gov.

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4.

Attached hereto as Exhibit C is a true and correct copy of a May 28, 2009 article

appearing in xconomy, San Diego.
5.

Attached hereto as Exhibit D is a true and correct copy of a printout of all federal

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cases to which Google, Inc. is a party, which was obtained from the Public Access to Court

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Electronic Records database at www.pacer.psc.uscourts.gov and inputting “Google” as the search

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term in the “Party Name” field and “All Courts” in the “Region” field, and counting all non-

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closed cases.

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6.

Attached hereto as Exhibit E is a true and correct copy of a printout of all patent

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cases to which Google, Inc. is a party, which was obtained from the Public Access to Court

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Electronic Records database at www.pacer.psc.uscourts.gov and inputting “Google” as the search

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term in the “Party Name” field, “All Courts” in the “Region” field, and “830” in the “Nature of

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Suit” field, and counting all non-closed cases.

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7.

Attached hereto as Exhibit F is a true and correct copy of a printout of all federal

cases to which Apple, Inc. is a party, which was obtained from the Public Access to Court
-1FAZIO DECL. IN OPPOSITION TO MOTION TO TRANSFER
CASE NO. 10-CV-1757-LAB-AJB

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Electronic Records database at www.pacer.psc.uscourts.gov and inputting “Apple, Inc.” as the

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search term in the “Party Name” field and “All Courts” in the “Region” field, and counting all

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non-closed cases.

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Attached hereto as Exhibit G is a true and correct copy of a printout of all patent

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cases to which Apple, Inc. is a party, which was obtained from the Public Access to Court

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Electronic Records database at www.pacer.psc.uscourts.gov and inputting “Apple, Inc.” as the

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search term in the “Party Name” field, “All Courts” in the “Region” field, and “830” in the

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“Nature of Suit” field, and counting all non-closed cases.
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Attached hereto as Exhibit H is a true and correct listing of the Apple stores

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located in San Diego, California using the Apple Retail Store locator on Apple’s website at

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www.apple.com/retail/locator.index/html.
10.

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Attached hereto as Exhibit I is a true and correct copy of Google’s Phone Gallery

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available on its website located at www.google.com/phone, which lists AT&T, Sprint, T-Mobile,

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and Verizon among “All Operators.”
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Attached collectively hereto as Exhibit J are true and correct listings of all stores

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located in San Diego, California operated by AT&T, Sprint, T-Mobile, and Verizon, which were

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obtained using the Store Locator from their respective websites located at

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www.att.com/storelocator.com, http://sprintstorelocator.com, http://locator.t-mobile.com/Locator,

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and http://www.verizonwireless.com.
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Attached hereto as Exhibit K are true and correct printouts from Google’s website

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located at www.google.com/intl/kn/jobs/locations/, indicating that Google has two offices in

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Santa Monica and Irvine, California.
13.

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Attached hereto as Exhibit L is a true and correct excerpt from Nokia

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Corporation’s Form 20-F filing with the U.S. Securities & Exchange Commission on March 12,

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2010.
14.

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Attached hereto as Exhibit M is a true and correct listing of Millennial Media’s

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offices obtained from its website at http://www.millennialmedia.com/about-millennialmedia/fact-

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sheet/.

-2FAZIO DECL. IN OPPOSITION TO MOTION TO TRANSFER
CASE NO. 10-CV-1757-LAB-AJB

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Attached collectively hereto as Exhibit N are true and correct copies of two press

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releases issued by Millennial Media on April 16, 2009 and June 18, 2009, which are available in

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its Press Room located on its website at http://www.millennialmedia.com.
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Attached collectively hereto as Exhibit O are true and correct copies of a

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December 15, 2008 Jumptap press release and a listing of Jumptap’s Mobile Operators obtained

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from its website at http://www.jumptap.com/partners.
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Calendar available on its website at http://www.jumptap.com/events.
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Attached hereto as Exhibit P are true and correct excerpts from Jumptap’s Events

Attached hereto as Exhibit Q is a true and correct excerpt from Google, Inc.’s

2009 Annual Report available on its website at www.google.com.
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Attached hereto as Exhibit R is a true and correct excerpt from Apple, Inc.’s Form

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10-K/A filed with the U.S. Securities & Exchange Commission for the fiscal year ended

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September 26, 2009.
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Attached hereto as Exhibit S is a true and correct copy of a January 5, 2011 press

release from Millennial Media.
21.

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Attached hereto as Exhibit T is a true and correct copy of a September 27, 2010

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article in Business Insider reporting on a telephone conversation with George Bell, Jumptap’s

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CEO.

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Attached hereto as Exhibit U is a true and correct copy of Table C-5 of the federal

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judicial caseload statistics published by the Administrative Office of U.S. Courts for the 12-

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month period ended March 31, 2010, available at

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http://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/

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2010/tables/C01Mar10.pdf.

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Attached hereto as Exhibit V is a true and correct copy of a printout of all federal

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cases to which Nokia Corporation is a party, which was obtained from the Public Access to Court

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Electronic Records database at www.pacer.psc.uscourts.gov and inputting “Nokia Corporation”

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as the search term in the “Party Name” field and “All Courts” in the “Region” field, and counting

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only non-closed cases.

-3FAZIO DECL. IN OPPOSITION TO MOTION TO TRANSFER
CASE NO. 10-CV-1757-LAB-AJB

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Attached hereto as Exhibit W is a true and correct copy of a printout of all federal

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cases to which Nokia Inc. is a party, which was obtained from the Public Access to Court

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Electronic Records database at www.pacer.psc.uscourts.gov and inputting “Nokia Inc.” as the

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search term in the “Party Name” field and “All Courts” in the “Region” field, and counting only

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non-closed cases.

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

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

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-4FAZIO DECL. IN OPPOSITION TO MOTION TO TRANSFER
CASE NO. 10-CV-1757-LAB-AJB