Microsoft Corporation v. Ronald Alepin Morrison & Foerster et al

Filing 52

Declaration of James N. Penrod SUPPLEMENTAL DECLARATION OF JAMES N. PENROD IN SUPPORT OF RESPONSE TO MICROSOFT CORPORATION'S OBJECTIONS TO MAGISTRATE'S ORDER filed byMorgan Lewis & Bockius LLP and Jeffrey Kingston, Sun Microsystems, Inc.. (Attachments: # 1 Exhibit A (1 of 3)# 2 Exhibit A (2 of 3)# 3 Exhibit A (3 of 3)# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D (1of 2)# 7 Exhibit D (2 of 2)# 8 Exhibit E# 9 Exhibit F# 10 Exhibit G)(Penrod, James) (Filed on 4/17/2006)

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Microsoft Corporation v. Ronald Alepin Morrison & Foerster et al Doc. 52 Case 5:06-mc-80038-JF Document 52 Filed 04/17/2006 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 MORGAN, L EWIS & B O C K I U S LLP A T T O R N E Y S AT L A W S A N FRANCISCO JAMES N. PENROD (State Bar No.: 43030) MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Tower San Francisco, CA 94105 Telephone: 415.442.1000 Facsimile: 415.442.1001 email: jpenrod@morganlewis.co m Attorneys for SUN MICROSYSTEMS, INC., MORGAN, LEWIS & BOCKIUS LLP, AND MAKING A SPECIAL APPEARANCE FOR JEFFREY KINGSTON, WHO HAS NOT BEEN SERVED UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION In re Application of Microsoft Corp. Case No. 06-80038 JF (PVT) SUPPLEMENTAL DECLARATION OF JAMES N. PENROD IN SUPPORT OF RESPONSE TO MICROSOFT CORPORATION'S OBJECTIONS TO MAGISTRATE'S ORDER Date: Time: Before: Place: To Be Set To Be Set HONORABLE JEREMY FOGEL To Be Set Complaint Filed: N/A Trial Date: N/A 28 1-SF/7360901.1 DECLARATION OF JAMES N. PENROD Case No. 06-80038 JF (PVT) Dockets.Justia.com Case 5:06-mc-80038-JF Document 52 Filed 04/17/2006 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 MORGAN, L EWIS & B O C K I U S LLP A T T O R N E Y S AT L A W S A N FRANCISCO I, James N. Penrod, declare as follows: 1. I am an attorney licensed to practice law in California and New York and am admitted before this Court. I am a partner at Morgan, Lewis & Bockius LLP ("Morgan Lewis"). I submit this Declaration in support of Sun Microsystems, Inc., Morgan, Lewis, and, by special appearance, Jeffrey Kingston, in response to Microsoft Corporation's Motion for De Novo Review and to Expand the Record. Because Microsoft is treating these matters as consolidated matters, and in an effort to save trees and filing space, the Oracle parties will not file a declaration containing all of the exhibits attached hereto, but will rely on these exhibits as part of the Court's record. 2. Attached as Exhibit A to this Declaration is a true and correct copy of the Commission of the European Communities' ("Commission") Motion to Intervene and accompanying memorandum and exhibits. 3. Attached as Exhibit B to this Declaration is a true and correct copy of Microsoft Corporation's Response to Memorandum of Commission of the European Communities in Support of Novell, Inc.'s Motion to Quash. 4. Attached as Exhibit C to this Declaration is a true and correct copy of Microsoft Corporation's Supplemental Statement Submitted Pursuant to Court Order. 5. Attached as Exhibit D to this Declaration is a true and correct copy of the Response of Novell, Inc. to (1) Microsoft's Response to Memorandum of Commission of the European Communities, and (2) Microsoft Corporation Supplemental Statement. 6. Attached as Exhibit E to this Declaration is a true and correct copy of the Reply Memorandum of the Commission of the European Communities in Support of Novell, Inc.'s Motion to Quash. 7. Attached as Exhibit F to this Declaration is a true and correct copy of Microsoft Corporation's Reply to Response of Novell, Inc. 8. Attached as Exhibit G to this Declaration is a true and correct copy of the Memorandum and Order of the United States District Court, District of Massachusetts. 1-SF/7360901.1 DECLARATION OF JAMES N. PENROD Case No. 06-80038 JF (PVT) 2 Case 5:06-mc-80038-JF Document 52 Filed 04/17/2006 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 MORGAN, L EWIS & B O C K I U S LLP A T T O R N E Y S AT L A W S A N FRANCISCO I declare under penalty of perjury under the laws of the State of California, that foregoing is true and correct, and if called as a witness, I could and would co mpetent ly testify thereto. This declaration was executed on April 17, 2006 in San Francisco, California. ____________/s/_______________________ James N. Penrod 1-SF/7360901.1 DECLARATION OF JAMES N. PENROD Case No. 06-80038 JF (PVT) 3

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