Google Inc. et al v. Egger et al

Filing 127

Declaration of Thomas B. Walsh, IV in Support of 124 Memorandum in Opposition to Motion to Dismiss - NUMBER TWO filed byGoogle Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, Part 1, # 3 Exhibit B, Part 2, # 4 Exhibit B, Part 3, # 5 Exhibit B, Part 4, # 6 Exhibit B, Part 5, # 7 Exhibit B, Part 6, # 8 Exhibit C - FILED UNDER SEAL, # 9 Exhibit D, Part 1, # 10 Exhibit D, Part 2, # 11 Exhibit D, Part 3, # 12 Exhibit D, Part 4, # 13 Exhibit D, Part 5, # 14 Exhibit E - FILED UNDER SEAL, # 15 Exhibit F - FILED UNDER SEAL, # 16 Exhibit G, # 17 Exhibit H, # 18 Exhibit I - FILED UNDER SEAL, # 19 Exhibit J - FILED UNDER SEAL, # 20 Exhibit K - FILED UNDER SEAL, # 21 Exhibit L - FILED UNDER SEAL, # 22 Exhibit M - FILED UNDER SEAL, # 23 Exhibit N, # 24 Exhibit O)(Related document(s) 124 ) (Walsh, Thomas) (Filed on 7/24/2009)

Google Inc. et al v. Egger et al

Doc. 127

Case5:08-cv-03172-RMW Document127

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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 14 15 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CASE NO. CV 08-03172-RMW SECOND DECLARATION OF THOMAS B. WALSH, IV IN SUPPORT OF 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 CERTAIN EXHIBITS FILED UNDER SEAL Hearing Date: August 21, 2009 Hearing Time: 9:00 am Courtroom: 6 (4th Floor) Judge: Hon. Ronald M. Whyte
2nd DECL. OF THOMAS B. WALSH, IV, tO PLAINTIFFS GOOGLE INC., AOL LLC, IAC SEARCH & MEDIA, INC., AND LYCOS, INC.'S OPP'N TO DEFS' MOT TO DISMISS, TRANSFER OR STAY Case No. C-08-03172-RMW

GOOGLE INC., AOL LLC, YAHOO! INC., 17 IAC SEARCH & MEDIA, INC., and LYCOS, INC., 18 Plaintiffs, 19 v. 20 L. DANIEL EGGER, SOFTWARE RIGHTS 21 ARCHIVE, LLC, and SITE TECHNOLOGIES, INC., 22 Defendants. 23 24 25 26 27 28

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 submit this declaration in support of 5 Google Inc., AOL LLC, IAC Search & Media, Inc., and Lycos, Inc.'s Opposition to Defendants' 6 Motion to Dismiss, Transfer, or Stay Under the First-to-File Rule, Under Rule 12(b)(2) for Lack 7 of Personal Jurisdiction, and Under Rule 12(b)(1) for Lack of Subject Matter Jurisdiction. Except 8 as otherwise stated, I have personal firsthand knowledge of the matters set forth in this 9 Declaration, and if called as a witness I would testify competently to those matters. 10 2. Attached hereto as Exhibit A are true and correct copies of Defendants' Motion to

11 Dismiss for Lack of Standing and corresponding Exhibits 1-17 filed on July 16, 2008 in the Texas 12 Action, Civil Action No. 2:07-cv-511 (CE) (E.D. Tex.) (hereinafter "Texas Action") (Dkt. No. 13 66), with slip sheets added to more easily differentiate between the various exhibits to the motion. 14 3. Attached hereto as Exhibit B are true and correct copies of Plaintiff's Response to

15 Defendants' Motion to Dismiss for Lack of Standing, Declaration of Lee Kaplan and 16 corresponding Exhibits 1-36 filed on August 25, 2008 in the Texas Action (Dkt. No. 76). 17 4. Attached hereto as Exhibit C are true and correct copies of the Reply in Support of

18 Defendants' Motion to Dismiss for Lack of Standing and Exhibits 1-17 filed on November 10, 19 2008 in the Texas Action (Dkt. No. 102) [FILED UNDER SEAL]. 20 5. Attached hereto as Exhibit D are true and correct copies of Plaintiff's Sur-

21 Response to Defendants' Motion to Dismiss and corresponding Exhibits 1-27 filed on December 22 15, 2008 in the Texas Action (Dkt. No. 118). 23 6. Attached hereto as Exhibit E are true and correct copies of Defendants' Suggestion

24 to Refer Bankruptcy Issues to Bankruptcy Court or, in the Alternative, Motion to for Leave to File 25 Response to Plaintiff's Sur-Response Brief filed on January 16, 2009 in the Texas Action (Dkt. 26 No. 124) [FILED UNDER SEAL]. 27 28 1
2nd DECL. OF THOMAS B. WALSH, IV, tO PLAINTIFFS GOOGLE INC., AOL LLC, IAC SEARCH & MEDIA, INC., AND LYCOS, INC.'S OPP'N TO DEFS' MOT TO DISMISS, TRANSFER OR STAY Case No. C-08-03172-RMW

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7.

Attached hereto as Exhibit F are true and correct copies of Defendants' Response

2 to Plaintiff's Sur-Response Brief in Opposition to Defendants' Motion to Dismiss for Lack of 3 Standing and corresponding Exhibits 1-2 filed on January 16, 2009 in the Texas Action (Dkt. No. 4 125) [FILED UNDER SEAL]. Exhibit F was the brief for which leave was sought in Exhibit E. 5 8. Attached hereto as Exhibit G are true and correct copies of Plaintiff's Opposition

6 to Defendants' "Suggestion to Refer Bankruptcy Issue to Bankruptcy Court" and Opposition to 7 Defendants' Alternative Motion for Leave to File Third Brief on Standing and corresponding 8 Exhibits A and B filed on January 28, 2009 in the Texas Action (Dkt. No. 129). 9 9. Attached hereto as Exhibit H is a true and correct copy of the Memorandum

10 Opinion and Order issued by Magistrate Judge Charles Everingham on March 31, 2009 in the 11 Texas Action (Dkt. No. 138). 12 10. Attached hereto as Exhibit I is a true and correct copy of Defendants' Motion to

13 Transfer Pursuant to 28 U.S.C. 1404(a) and corresponding Exhibits 1-23 filed on February 20, 14 2009 in the Texas Action (Dkt. No. 130) [FILED UNDER SEAL]. 15 11. Attached hereto as Exhibit J is a true and correct copy of Plaintiff's Response in

16 Opposition to Defendants' Motion to Transfer Pursuant to 28 U.S.C. 1404(a) and corresponding 17 Exhibits 1-18 filed on May 8, 2009 in the Texas Action (Dkt. No. 143) [FILED UNDER SEAL]. 18 12. Attached hereto as Exhibit K is a true and correct copy of Defendants' Reply in

19 Support of Defendants' Motion to Transfer Pursuant to 28 U.S.C. § 1404(a) filed on May 18, 2009 20 in the Texas Action and corresponding Exhibits 24-27 (Dkt. No. 146) [FILED UNDER SEAL]. 21 13. Attached hereto as Exhibit L is a true and correct copy of Software Rights

22 Archive, LLC's Sur-Reply in further Opposition to Defendants' Motion to Transfer Venue and 23 corresponding Declaration of Lee Kaplan and Exhibits 1-8 filed on May 29, 2009 in the Texas 24 Action (Dkt. No. 148) [FILED UNDER SEAL]. 25 14. Attached hereto as Exhibit M is a true and correct copy of Google Inc., AOL LLC,

26 and Yahoo! Inc.'s Motion for Certification of Order for Interlocutory Appeal, or in the 27 28 2
2nd DECL. OF THOMAS B. WALSH, IV, tO PLAINTIFFS GOOGLE INC., AOL LLC, IAC SEARCH & MEDIA, INC., AND LYCOS, INC.'S OPP'N TO DEFS' MOT TO DISMISS, TRANSFER OR STAY Case No. C-08-03172-RMW

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1 Alternative, for Reconsideration, filed May 22, 2009 in the Texas Action (Dkt. No. 147), and 2 Exhibits 1-2 thereto [FILED UNDER SEAL]. 3 15. Attached hereto as Exhibit N is a true and correct copy of Software Rights

4 Archive, LLC's Opposition to Google Inc., AOL LLC, and Yahoo! Inc.'s Motion for Certification 5 of Order for Interlocutory Appeal, or in the Alternative, for Reconsideration, filed June 15, 2009 6 in the Texas Action (Dkt. No. 151). 7 16. Attached hereto as Exhibit O is a true and correct copy of the Memorandum

8 Opinion and Order issued by Magistrate Judge Charles Everingham on June 24, 2009 in the Texas 9 Action (Dkt. No. 154). 10 I declare under penalty of perjury that the foregoing is true and correct. Executed this 24th

11 day of July, 2009, at Dallas, Texas. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
2nd DECL. OF THOMAS B. WALSH, IV, tO PLAINTIFFS GOOGLE INC., AOL LLC, IAC SEARCH & MEDIA, INC., AND LYCOS, INC.'S OPP'N TO DEFS' MOT TO DISMISS, TRANSFER OR STAY Case No. C-08-03172-RMW

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