Google Inc. et al v. Egger et al

Filing 65

Declaration of FRANCIS C. HO in Support of 64 MOTION to Strike 42 MOTION to Dismiss , Transfer or Stay filed byYahoo! Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Related document(s) 64 ) (Hung, Richard) (Filed on 1/20/2009)

Google Inc. et al v. Egger et al

Doc. 65

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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

DECLARATION OF FRANCIS C. HO IN SUPPORT OF PLAINTIFFS' MOTION TO STRIKE SITE TECHNOLOGIES, INC.'S MOTION TO DISMISS, TRANSFER, OR STAY HEARING REQUESTED Date: February 27, 2009 Time: 9:00 AM Judge: Hon. Ronald M. Whyte

HO DECL. ISO YAHOO!'S MOTION TO STRIKE Case No. C-08-03172-RMW sf-2627891
Dockets.Justia.com

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I, Francis C. Ho, declare as follows: 1. I am an attorney at Morrison & Foerster LLP. I submit this declaration in support

of Plaintiffs' Motion to Strike Site Technologies, Inc.'s Motion to Dismiss, Transfer, or Stay. I make this declaration based on my own personal knowledge. If called as a witness, I could and would testify competently to the matters set forth herein. 2. Attached to this declaration as Exhibit A is a true and correct copy of the Stock

Exchange Agreement entered into by Deltapoint, Inc. (aka Site Technologies, Inc.) and site/technologies/inc. (aka Libertech, Inc.), dated July 11, 1997. 3. Attached to this declaration as Exhibit B is a true and correct copy of a document

titled Bill of Sale, Assignment & License Agreement, dated September 16, 1998. 4. Attached to this declaration as Exhibit C is a true and correct copy of a document

titled Assignment of Patent, dated February 22, 2005. 5. Attached to this declaration as Exhibit D is a true and correct copy of a Certificate

of Ownership and Merger Merging site/technologies/inc. into Site Technologies, Inc., dated December 21, 2000. 6. Attached to this declaration as Exhibit E a true and correct copy of the Order

Appointing Natural Person as Responsible Person Pursuant to B.L.R. 4002-1, filed in the United States Bankruptcy Court for the Northern District of California, Case No. 99-50736-JRG, dated February 3, 1999. 7. Attached to this declaration as Exhibit F is a true and correct copy of the Order

Authorizing and Approving Employment of Counsel, filed in the United States Bankruptcy Court for the Northern District of California, Case No. 99-50736-JRG, dated February 4, 1999. 8. Attached to this declaration as Exhibit G is a true and correct copy of the Order

Authorizing and Approving Employment of Special Corporate Counsel (Wilson Sonsini Goodrich & Rosati), filed in the United States Bankruptcy Court for the Northern District of California, Case No. 99-50736-JRG, dated March 18, 1999. 9. Attached to this declaration as Exhibit H is a true and correct copy of the Order

Confirming Debtor's First Amended Plan of Reorganization, without attachments, filed in the
HO DECL. ISO YAHOO!'S MOTION TO STRIKE Case No. C-08-03172-RMW sf-2627891

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United States Bankruptcy Court for the Northern District of California, Case No. 99-50736-JRG, dated June 15, 2000. 10. Attached to this declaration as Exhibit I is a true and correct copy of excerpts from

the Debtor's First Amended Plan of Reorganization, filed in the United States Bankruptcy Court for the Northern District of California, Case No. 99-50736-JRG, dated April 25, 2000. 11. Attached to this declaration as Exhibit J is a true and correct copy of the Final

Decree, filed in the United States Bankruptcy Court for the Northern District of California, Case No. 99-50736-JRG, dated January 6, 2004. 12. Attached to this declaration as Exhibit K is a true and correct copy of a document

titled Statement of Information, dated August 1, 2008. 13. Attached to this declaration as Exhibit L is a true and correct copy of a document

titled Assignment of Patents, dated August 13, 2008. 14. Attached to this declaration as Exhibit M is a true and correct copy of a

Declaration of Jeffrey Ait, dated August 18, 2008. 15. Attached to this declaration as Exhibit N is a true and correct copy of a letter from

Richard S.J. Hung, counsel for Yahoo! Inc., to Lee L. Kaplan, counsel for Software Rights Archive, LLC, dated September 17, 2008. I declare under penalty of perjury that the foregoing is true and correct. Executed in San Francisco, California this 20th day of January 2009. ___________/s/_Francis C. Ho__________ Francis C. Ho I, Richard S.J. Hung, am the ECF User whose ID and password are being used to file Plaintiffs' Motion to Strike Site Technologies, Inc.'s Motion to Dismiss, Transfer, or Stay. In compliance with General Order 45, X.B., I hereby attest that Francis C. Ho has concurred in this filing. Dated: January 20, 2009 /s/ Richard_S.J. Hung Richard S.J. Hung
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