Google Inc. et al v. Egger et al

Filing 125

NOTICE by Yahoo! Inc. re 124 Memorandum in Opposition JOINDER RE: OPPOSITION TO MOTION TO DISMISS, TRANSFER OR STAY (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hung, Richard) (Filed on 7/24/2009)

Google Inc. et al v. Egger et al

Doc. 125

Case5:08-cv-03172-RMW Document125

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MICHAEL A. JACOBS (CA SBN 111664) [e-mail] RICHARD S.J. HUNG (CA SBN 197425) [e-mail] MORRISON & FOERSTER LLP 425 Market Street San Francisco, CA 94105-2482 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR YAHOO! INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

GOOGLE INC., AOL LLC, YAHOO! INC., IAC SEARCH & MEDIA, INC., and LYCOS, INC., Plaintiffs, v. L. DANIEL EGGER, SOFTWARE RIGHTS ARCHIVE, LLC, and SITE TECHNOLOGIES, INC., Defendants.

Case No.

C-08-03172-RMW

YAHOO! INC.'s JOINDER RE: PLAINTIFF GOOGLE INC., AOL LLC, IAC SEARCH & MEDIA, 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 Date: August 21, 2009 Time: 9:00 AM Courtroom: 6, 4th Floor Judge: Honorable Ronald M. Whyte

YAHOO! INC.'S JOINDER RE: OPP'N TO MOTION TO DISMISS, TRANSFER, OR STAY Case No. C-08-03172-RMW sf-2716688
Dockets.Justia.com

Case5:08-cv-03172-RMW Document125

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Plaintiff Yahoo! Inc. ("Yahoo!") hereby joins in 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, filed with the Court July 24, 2009. Yahoo! joins separately because jurisdictional discovery from Altitude Capital Partners, L.P. and Altitude Capital Partners, LLC (together, "Altitude") is not yet complete. Altitude Capital Partners, LLC is a "controlling entity" of Software Rights Archive, LLC ("SRA"), a defendant in this action.1 After being compelled by the United States District Court of the District of Delaware to produce documents responsive to Plaintiffs' subpoena, Altitude stipulated that it would produce all responsive documents by June 30, 2009.2 To date, Altitude still has not completed this production. The parties have continued to meet and confer about this production, however, and hope to resolve all outstanding issues in the near future without further intervention by the Court. If the Court is inclined to resolve any of the jurisdictional issues in Defendants' favor, Yahoo! requests that the Court's decision be deferred pending completion of the jurisdictional discovery from Altitude and a further opportunity for Plaintiffs to be heard by this Court. Dated: July 24, 2009 Respectfully submitted,

By: /s/ Richard. S.J. Hung Michael A. Jacobs (CA Bar No. 111664) Richard S.J. Hung (CA Bar No. 197425) MORRISON & FOERSTER 425 Market Street San Francisco, CA 94105 Telephone: [phone] Facsimile: 415-268-7522 Email: [e-mail] Attorneys for YAHOO! INC.
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See Amended Declaration of Russell J. Barron, dated June 26, 2009, at ¶ 4, attached as

See Stipulation & Order in Misc. Case No. 09-017 (D. Del.), dated June 9, 2009, attached as Ex. B.
YAHOO! INC.'S JOINDER RE: OPP'N TO MOTION TO DISMISS, TRANSFER, OR STAY Case No. C-08-03172-RMW sf-2716688

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