CLRB Hanson Industries, LLC et al v. Google Inc.

Filing 24

MOTION for leave to appear in Pro Hac Vice of Michele Fried Raphael (fee paid) filed by CLRB Hanson Industries, LLC, Howard Stern. (cv, COURT STAFF) (Filed on 12/5/2005)

CLRB Hanson Industries, LLC et al v. Google Inc.

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KEKER & VAN NEST, LLP DARALYN J. DURIE - #169825 DAVID J. SILBERT - #173128 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendant COMCAST CABLE COMMUNICATIONS LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

ACACIA MEDIA TECHNOLOGIES CORPORATION, Plaintiff, v. NEW DESTINY INTERNET GROUP, et al. Defendants. AND ALL RELATED AND/OR CONSOLIDATED CASE ACTIONS

Case No. C-05-01114 JW DECLARATION OF DAVID J. SILBERT Judge: Honorable James Ware

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SILBERT DECLARATION CASE NO. C-05-01114 JW
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I, David J. Silbert, declare that the following is true: 1. I am an attorney licensed to practice in the State of California and before this

Court. I am a partner in the law firm of Keker & Van Nest, LLP, counsel for defendant Comcast Cable Communications, LLC in these coordinated actions. I make this declaration of my own personal knowledge, and if called to do so, I would testify to these facts under oath. 2. I attended the June 14, 2005 Case Management Conference. I understood the

Court to state during that Conference that it preferred to address claim construction in three phases. First, the parties would address reconsideration of terms that the Court construed in the July 12, 2004 Markman Order. Second, the parties would address any additional terms to be construed in the `992 and `702 patents. And finally, the parties would address terms in the remaining three patents-in-suit. I recall specifically that the Court stated that the upcoming Motion for Reconsideration should be limited to reconsideration of the July 12, 2004 Order, and should not address terms that have not already been construed. I have spoken to counsel for other defendants who attended the hearing, who told me that they had the same understanding. 3. Attached as Exhibit 1 to this Declaration is a true and correct copy of the Court's

Order Following Case Management Conference dated June 21, 2005. 4. Attached as Exhibit 2 to this Declaration is a true and correct copy of the Court's

Minute Order filed on June 15, 2005. 5. Counsel for the following defendants have notified me that they join in the motion

to clarify that the upcoming Motion for Reconsideration will address only reconsideration of the July 12, 2004 Markman Order: The DirecTV Group, Inc.; Echostar Satellite LLC; Echostar Technologies Corporation; Echostar Communications Corporation; Coxcom, Inc.; Mediacom Communications, Corp.; Charter Communications, Inc.; Armstrong Group; Wide Open West Ohio LLC; East Cleveland Cable TV and Communications, LLC; Massillon Cable TV, Inc.; Mid-Continent Media, Inc.; US Cable Holdings LP; Sjoberg's Cablevision, Inc.; Loretel Cablevision; Arvig Commuinications Systems; Cannon Valley Communications, Inc.; NPG Cable, Inc.; AP Net Marketing, Inc.; and ICS, Inc.

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6.

I have asked counsel for Acacia to stipulate to a clarification that the upcoming

Motion for Reconsideration will address only reconsideration of the July 12, 2004 Markman Order. Attached as Exhibit 3 to this Declaration is a true and correct copy of an email message dated June 23, 2005 from me to Alan Block, Esq., with copies to Rod Dorman, Esq. and Kevin Shenkman, Esq., confirming this request. On June 24, 2005, Mr. Shenkman notified me by telephone that Acacia would not agree to stipulate. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on June 24, 2005 in San Francisco, California. /s/ DAVID J. SILBERT

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