Google Inc. v. Compression Labs Inc et al

Filing 14

DECLARATION of Ryan M. Kent in Opposition to 13 Memorandum in Opposition Declaration of Ryan M. Kent in Support of Google Inc.'s Opposition to Defendants' Motion to Dismiss, or in the Alternative, to Transfer filed byGoogle Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Related document(s)13) (Kent, Ryan) (Filed on 11/17/2004)

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Google Inc. v. Compression Labs Inc et al Doc. 14 Case 5:04-cv-03934-JF Document 14 Filed 11/17/2004 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KEKER & VAN NEST, LLP DARALYN J. DURIE - #169825 RYAN M. KENT - #220441 710 Sansome Street San Francisco, CA 94111-1704 Telephone: (415) 391-5400 Facsimile: (415) 397-7188 Attorneys for Plaintiff GOOGLE INC., a Delaware corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION GOOGLE INC., a Delaware corporation, Plaintiff, v. COMPRESSION LABS, INC., a Delaware corporation; FORGENT NETWORKS, INC., a Delaware corporation, and GENERAL INSTRUMENTS CORPORATION, a Delaware corporation, Defendants. DECLARATION OF RYAN M. KENT IN SUPPORT OF GOOGLE INC.'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS, OR IN THE ALTERNATIVE, TO TRANSFER Date: December 8, 2004 Time: 9:00 a.m. Court: Hon. Phyllis J. Hamilton Case No. CV 04-03934 PJH I, Ryan M. Kent, declare as follows: 1. I am a member of the Bar of the State of California and an associate at the law firm of Keker & Van Nest LLP, counsel for plaintiff Google Inc. in this action. Except as otherwise expressly noted, the facts stated herein are based upon my personal knowledge, and if called to do so, I would testify to those facts under oath. 2. Attached hereto as Exhibit A is a true and correct copy of selected pages of Forgent Networks, Inc.'s ("Forgent") Form 10-K Annual Report, filed on October 29, 2004. 3. Attached hereto as Exhibit B is a demonstrative that lists customers identified by Forgent as customers using NetSimplicity software, see "Our Customers - By Industry," 1 DECLARATION OF RYAN M. KENT IN SUPPORT OF GOOGLE INC.'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS CASE NO. CV 04-03934 CW Dockets.Justia.com 342546.01 Case 5:04-cv-03934-JF Document 14 Filed 11/17/2004 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 http://www.netsimplicity.com/ customers /list.shtml, that appear to be located in California. 4. Attached hereto as Exhibit C is a true and correct copy of selected pages of Motorola Inc.'s Form 10-K Annual Report, filed on March 12, 2004. 5. Attached hereto as Exhibit D is a true and correct copy of United States Patent Application Serial No. 06/923,630, filed on October 27, 1986. 6. Attached hereto as Exhibit E is a true and correct copy of United States Patent No. 4,698,672 (the "`672 patent"), issued on October 6, 1987. 7. Attached hereto as Exhibit F is a true and correct copy of the Complaint filed in Agfa Corp., et al. v. Compression Labs, Inc., et al., Case No. 04-818 SLR (De. Del.) ("Agfa Complaint"). The Agfa Complaint includes the following allegations, which, based on information and believe, I understand to be accurate: a. CLI was first in incorporated in December 1976. See Agfa Compl. ¶ 49. b. CLI participated in the JPEG standard setting process. See id. ¶¶ 69-95. c. CLI's executives (i) consulted with the JPEG committee, (ii) attended and participated in at least one meeting, in August 1991, in Santa Clara, California, and (iii) twice voted for the adoption of the JPEG Standard while CLI resided in the Northern District of California. Id. ¶ 91. d. CLI never disclosed any patents relevant to the JPEG standard and it never asserted that the `672 patent would be infringed by anyone practicing the JPEG standard. Id. ¶ 95. e. The JPEG Standard was adopted in 1992 as a result of years of contribution and collaboration of a committee of industry members. Id. ¶ 70. f. In June, 1981, CLI filed a lawsuit in the Superior Court of the State of California, County of Santa Clara, Case No. 476629, against Widergren Associates (later renamed Widegrem Communications ("Widcom") and several of its employees alleging, among other things, trade secret misappropriation. In December, 1985, CLI filed a patent infringement lawsuit against Widcom in the Northern District of California. These lawsuits related to the device known as the "Widcom VTC2 DECLARATION OF RYAN M. KENT IN SUPPORT OF GOOGLE INC.'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS CASE NO. CV 04-03934 CW 342546.01 Case 5:04-cv-03934-JF Document 14 Filed 11/17/2004 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 56." Id. ¶¶ 50-60. Executed on November 17, 2004, at San Francisco, California. I declare under penalty of perjury that the foregoing is true and correct. /s/ Ryan M. Kent RYAN M. KENT 3 342546.01 DECLARATION OF RYAN M. KENT IN SUPPORT OF GOOGLE INC.'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS CASE NO. CV 04-03934 CW

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