Google Inc. et al v. Egger et al

Filing 96

Declaration of RICHARD S.J. HUNG ISO Yahoo!'s Motions to Compel Compliance with Subpoenas on Wilson Sonsini Goodrich & Rosati and Murray & Murray P.C. 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)(Hung, Richard) (Filed on 4/3/2009)

Google Inc. et al v. Egger et al

Doc. 96

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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

SOFTWARE RIGHTS ARCHIVE, LLC, Plaintiff, v. GOOGLE INC., YAHOO! INC., IAC SEARCH & MEDIA, INC., AOL LLC, and LYCOS, INC. Defendants.

Case No.

Misc. Action C-09-80004-RMW1

(Case No. 2:07-cv-511 (CE) pending in the Eastern District of Texas) DECLARATION OF RICHARD S.J. HUNG IN SUPPORT OF YAHOO!'S MOTIONS TO COMPEL COMPLIANCE WITH SUBPOENAS ON WILSON SONSINI GOODRICH & ROSATI AND MURRAY & MURRAY P.C. HEARING REQUESTED Date: April 17, 2009 Time: 9:00 AM Judge: Ronald M. Whyte

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Consolidated for hearing with Google v. Egger, Case No. 5:08-03172-RMW.

HUNG DECL. ISO YAHOO!'S MOTIONS TO COMPEL WSGR AND MURRAY CASE NOS. MISC ACTION C-09-80004 & C-08-03172-RMW sf-2666818
Dockets.Justia.com

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I, Richard S.J. Hung, declare as follows: 1. I am an attorney at Morrison & Foerster LLP. I submit this declaration in support

of Yahoo! Inc's Motion to Compel Compliance with Yahoo!'s Subpoenas on Wilson Sonsini Goodrich & Rosati and Murray & Murray P.C. 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 a Certificate

of Ownership Merging site/technologies/inc. into Site Technologies, Inc., dated December 29, 2000. 3. Attached to this declaration as Exhibit B is a true and correct copy of Software

Rights Archive, LLC's First Set of Requests for Admission and Interrogatories, dated August 11, 2008. 4. Attached to this declaration as Exhibit C is a true and correct copy of a document

titled Assignment of Patents, dated August 13, 2008. 5. Attached to this declaration as Exhibit D is a true and correct copy of excerpts of

the Deposition Transcript of Jeffrey F. Ait, dated September 30, 2008. 6. Attached to this declaration as Exhibit E is a true and correct copy of an e-mail

from Lee L. Kaplan, counsel for Software Rights Archive, LLC, to counsel for Yahoo! Inc., dated November 24, 2008. 7. Attached to this declaration as Exhibit F is a true and correct copy of the Third

Declaration of Jeffrey F. Ait, dated December 8, 2008. 8. Attached to this declaration as Exhibit G is a true and correct copy of an e-mail

from Lee L. Kaplan, counsel for Software Rights Archive, LLC, to counsel for Yahoo! Inc., dated December 17, 2008. 9. Attached to this declaration as Exhibit H is a true and correct copy of excerpts of

the Transcript of Proceedings in the United States Bankruptcy Court for the Northern District of California, Case No. 99-50736-RLE, dated December 17, 2008.

HUNG DECL. ISO YAHOO!'S MOTIONS TO COMPEL WSGR AND MURRAY CASE NOS. MISC ACTION C-09-80004 & C-08-03172-RMW sf-2666818

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10.

Attached to this declaration as Exhibit I is a true and correct copy of an e-mail

from Lee L. Kaplan, counsel for Software Rights Archive, LLC, to counsel for Yahoo! Inc., dated February 5, 2009. 11. Attached to this declaration as Exhibit J is a true and correct copy of an e-mail

from Lee L. Kaplan, counsel for Software Rights Archive, LLC, to counsel for Yahoo! Inc., dated February 6, 2009. 12. Attached to this declaration as Exhibit K is a true and correct copy of an e-mail

from Rebecca S. Saelao, counsel for Yahoo! Inc., to Lee L. Kaplan, dated February 17, 2009 and attaching a proposed stipulation under Rule 502 of the Federal Rules of Evidence. I declare under penalty of perjury that the foregoing is true and correct. Executed in San Francisco, California this 3rd day of April 2009. _________/s/ Richard S.J. Hung______________ Richard S.J. Hung

HUNG DECL. ISO YAHOO!'S MOTIONS TO COMPEL WSGR AND MURRAY CASE NOS. MISC ACTION C-09-80004 & C-08-03172-RMW sf-2666818

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