Google, Inc. et al v. Microsoft Corporation

Filing 27

Declaration of Michael J. Bettinger in Support of 26 Memorandum in Opposition filed byMicrosoft Corporation. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J)(Related document(s)26) (Davidson, Rachel) (Filed on 9/23/2005)

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Google, Inc. et al v. Microsoft Corporation Doc. 27 Case 5:05-cv-03095-RMW Document 27 Filed 09/23/2005 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 MICHAEL J. BETTINGER (State Bar No. 122196) RACHEL R. DAVIDSON (State Bar No. 215517) PRESTON GATES & ELLIS LLP 55 Second Street, Suite 1700 San Francisco, California 94105-3493 Telephone: (415) 882-8200 Facsimile: (415) 882-8220 KARL J. QUACKENBUSH (Admitted Pro Hac Vice) JEFFREY C. JOHNSON (Admitted Pro Hac Vice) PRESTON GATES & ELLIS LLP 925 Fourth Avenue, Suite 2900 Seattle, Washington 98104-1158 Telephone: (206) 623-7580 Facsimile: (206) 623-7022 Attorneys for Defendant MICROSOFT CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION GOOGLE, INC. and KAI-FU LEE, Plaintiffs, v. MICROSOFT CORPORATION, Defendant. Case No. C 05-03095 RMW DECLARATION OF MICHAEL J. BETTINGER IN SUPPORT OF MICROSOFT'S OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT Date: Time: Place: Hon. October 14, 2005 9:00 a.m. Courtroom 6 Ronald M. Whyte I, MICHAEL J. BETTINGER, declare as follows: 1. I am an attorney licensed to practice in the State of California and before this Court, and am a partner in the law firm of Preston Gates & Ellis, LLP, attorneys of record for defendant Microsoft Corporation in the above-entitled action. I have personal knowledge of the DECLARATION OF MICHAEL J. BETTINGER IN 1 SUPPORT OF MICROSOFT'S OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT (Case No.: C 05-03095 RMW) PRINTED ON RECYCLED PAPER Dockets.Justia.com Case 5:05-cv-03095-RMW Document 27 Filed 09/23/2005 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 facts stated herein and, if called as a witness, would testify as follows. 2. Attached hereto as Tab A is a true and correct copy of Microsoft's Motion for Temporary Restraining Order and Order to Show Cause dated July 25, 2005. 3. Attached hereto as Tab B is a true and correct copy of Defendants' Opposition to Plaintiff's Motion for Temporary Restraining Order dated July 26, 2005. 4. Attached hereto as Tab C is a true and correct copy of the Order Amending Stipulated Protective Order signed by King County Superior Court Judge Steven C. Gonzalez on August 29, 2005. 5. Attached hereto as Tab D is a true and correct copy of Defendant Kai-Fu Lee's Motion for Evidentiary Hearing and Permission to Take Oral Testimony dated August 19, 2005. 6. Attached hereto as Tab E is a true and correct copy of Google Inc.'s Joinder of Lee's Motion for Evidentiary Hearing dated August 22, 2005. 7. Attached hereto as Tab F is a true and correct copy of Defendant's Motion to Dissolve or Modify Temporary Restraining Order dated August 31, 2005. 8. Attached hereto as Tab G is a true and correct copy of Kai-Fu Lee's Opposition to Microsoft's Motion for Preliminary Injunction dated August 30, 2005. 9. Attached hereto as Tab H is a true and correct copy of the Preliminary Injunction Order signed by King County Superior Court Judge Steven C. Gonzalez on September 13, 2005. 10. Attached hereto as Tab I is a true and correct copy of the transcript of the Preliminary Injunction Hearing dated September 13, 2005. 11. Attached hereto as Tab J is a true and correct copy of an article from the Los Angeles Times, "Ex-Microsoft Exec Can Start at Google" dated September 14, 2005. DECLARATION OF MICHAEL J. BETTINGER IN 2 SUPPORT OF MICROSOFT'S OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT (Case No.: C 05-03095 RMW) PRINTED ON RECYCLED PAPER Case 5:05-cv-03095-RMW Document 27 Filed 09/23/2005 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 I declare under penalty of perjury that the foregoing is true and correct. Executed this 23rd day of September, 2005 at San Francisco, California. ________/s/____________________ Michael J. Bettinger DECLARATION OF MICHAEL J. BETTINGER IN 3 SUPPORT OF MICROSOFT'S OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT (Case No.: C 05-03095 RMW) PRINTED ON RECYCLED PAPER

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