Google Inc. et al v. Egger et al

Filing 123

Declaration of Thomas B. Walsh, IV in Support of 122 MOTION to File Opposition to Defendants' Mtn to Dismiss & Certain Exhibits to the Declaration ISO Same Under Seal filed byGoogle Inc.. (Related document(s) 122 ) (Walsh, Thomas) (Filed on 7/24/2009)

Google Inc. et al v. Egger et al

Doc. 123

Case5:08-cv-03172-RMW Document123

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1 Juanita R. Brooks (SBN 75934, [e-mail]) Jason W. Wolff (SBN 215819, [e-mail]) 2 FISH & RICHARDSON P.C. 12390 El Camino Real 3 San Diego, CA 92130 Telephone: [phone] Facsimile: [phone] 5 Jerry T. Yen (SBN 247988, [e-mail]) FISH & RICHARDSON P.C. 6 500 Arguello Street, Suite 500 Redwood City, CA 94063 7 Telephone: [phone] Facsimile: [phone] 8 Thomas B. Walsh, IV (Admitted pro hac vice, [e-mail]) 9 FISH & RICHARDSON P.C. 5000 Bank One Center,1717 Main Street 10 Dallas, TX 75201 Telephone: [phone] Facsimile: [phone] 12 Attorneys for GOOGLE INC. 13 Additional counsel listed on last page 14 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CASE NO. CV 08-03172-RMW DECLARATION OF THOMAS B. WALSH, IV IN SUPPORT OF PLAINTIFFS GOOGLE INC., AOL LLC, IAC SEARCH & MEDIA, INC., AND LYCOS, INC.'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL PLAINTIFFS GOOGLE INC., AOL LLC, IAC SEARCH & MEDIA, INC., AND LYCOS, INC.'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS, TRANSFER, OR STAY UNDER THE FIRST-TO-FILE RULE, UNDER RULE 12(B)(2) FOR LACK OF PERSONAL JURISDICTION, AND UNDER RULE 12(B)(1) FOR LACK OF SUBJECT MATTER JURISDICTION AND CERTAIN EXHIBITS TO DECLARATIONS IN SUPPORT THEREOF Hearing Date: August 21, 2009 Hearing Time: 9:00 am Courtroom: 6 (4th Floor) Judge: Hon. Ronald M. Whyte
DECL. IN SUPPORT OF PLAINTIFFS GOOGLE INC., AOL LLC, IAC SEARCH & MEDIA, INC., AND LYCOS, INC.'S MOT TO SEAL CASE NO. C-08-03172-RMW

16 GOOGLE INC., AOL LLC, YAHOO! INC., IAC SEARCH & MEDIA, INC., and 17 LYCOS, INC., 18 19 v. Plaintiffs,

20 L. DANIEL EGGER, SOFTWARE RIGHTS ARCHIVE, LLC, and 21 SITE TECHNOLOGIES, INC., 22 23 24 25 26 27 28 Defendants.

Dockets.Justia.com

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I, Thomas B. Walsh, IV, declare as follows: 1. I am an attorney admitted to practice in the State of Texas and I am a principal in

3 the law firm of Fish & Richardson P.C. I represent Plaintiffs Google Inc. and AOL LLC in this 4 action and have been admitted pro hac vice in this action. I have personal firsthand knowledge of 5 the matters set forth in this Declaration, and if called as a witness I would testify competently to 6 those matters. 7 2. Plaintiffs Google Inc., AOL, LLC, IAC Search & Media, Inc., and Lycos, Inc.'s

8 Opposition to Defendants' Motion to Dismiss, Transfer, or Stay Under the First-To-File Rule, 9 Under Rule 12(b)(2) For Lack of Personal Jurisdiction, and Under Rule 12(b)(1) For Lack of 10 Subject Matter Jurisdiction, Exhibits B, D, K, O, R, S, T, U, V, BB, CC, DD, EE, FF, HH, KK, LL 11 and PP to the First Declaration of Thomas B. Walsh, IV, and Exhibits C, E, F, I, J, K, L and M to 12 the Second Declaration of Thomas B. Walsh, IV (i) relate to or contain information considered to 13 be confidential by at least one of the parties to this action and/or by a third party from whom 14 discovery was sought; (ii) relate to or contain information exchanged during the course of 15 discovery in this matter and/or the related action pending in the Eastern District of Texas, 16 Software Rights Archive, LLC v. Google Inc., et al., Case No. 07-CV-511 (the "Texas Action"), 17 and were designated by the producing party as "Confidential" or "Confidential Attorneys' Eyes 18 Only" pursuant to the Protective Order filed in the Texas Action (Dkt. No. 99-2, November 4, 19 2008) and agreed to by the parties;1 and/or (iii) were filed under seal by a party in the Texas 20 Action. 21 22 23 24 The Agreed Protective Order (Dkt. No. 99-2) filed by all parties in the Texas Action on 25 November 4, 2008 has not yet been entered by the Court because there is one dispute among the parties that the Court has been asked to resolve, but this one dispute does not concern the authority 26 to file documents containing protected information under seal or to designate documents as "Confidential" or "Confidential Attorneys' Eyes Only" pursuant to that Protective Order. 27 28 1
DECL IN SUPPORT OF PLAINTIFFS GOOGLE INC., AOL LLC, IAC SEARCH & MEDIA, INC., AND LYCOS, INC.'S MOT TO SEAL CASE NO. C-08-03172-RMW 1

I declare under penalty of perjury that the foregoing is true and correct.

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Executed this 24th day of July, 2009, at Dallas, Texas.

/s/ Thomas B. Walsh, IV Thomas B. Walsh, IV

6 Additional counsel 7 8 9 10 11 12 Claude M. Stern (CA Bar No. 96737) Jennifer A. Kash (CA Bar No. 203679) QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP 555 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email:[e-mail]

Attorneys for Plaintiffs IAC SEARCH & MEDIA, INC. 13 and LYCOS, INC. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
DECL IN SUPPORT OF PLAINTIFFS GOOGLE INC., AOL LLC, IAC SEARCH & MEDIA, INC., AND LYCOS, INC.' S MOT TO SEAL CASE NO. C-08-03172-RMW