Levitte v. Google Inc.

Filing 360

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Levitte v. Google Inc. Doc. 360 1 2 3 4 5 6 7 ANNAMARIE A. DALEY (pro hac vice) ROBINS, KAPLAN, MILLER & CIRESI L.L.P. 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis, Minnesota 55402 Telephone: (612) 349-8500 Facsimile: (612) 349-4181 Attorney for Defendants COXCOM, INC., HOSPITALITY NETWORK, INC., and CABLE AMERICA CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ROBINS, KAPLAN, MILLER & CIRESI L.L.P. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In re ATTORNEYS AT LAW Case No. C-05-01114 JW DECLARATION OF ANNAMARIE A. DALEY IN SUPPORT OF DEFENDANTS COXCOM, INC., HOSPITALITY NETWORK, INC., AND CABLE AMERICA CORPORATION'S BILL OF COSTS MINNEAPOLIS ACACIA MEDIA TECHNOLOGIES CORPORATION Pursuant to 28 U.S.C. 1746, I Annamarie A. Daley, hereby declare as follows: 1. I represent Defendants Coxcom, Inc., Hospitality Network, Inc., and Cable America Corporation (collectively referred to as "Defendants Cox") in this case. Based on my personal knowledge, I am competent to testify about the following matters. 2. By Order filed October 23, 2009, this Court granted Defendants' Motion for Summary Judgment in Defendants' favor on all counts. I am submitting this Declaration in support of the Bill of Costs for Defendants Cox in successfully defending this case pursuant to 28 U.S.C. 1920 and 1924, Rule 54(d)(1) of the Federal Rules of Civil Procedure, and Local Rule 54-3 of the United States District Court, Northern District of California. 3. In connection with the defense of this lawsuit, Defendants Cox necessarily incurred the costs set forth in the Bill of Costs. Such costs are recoverable pursuant to Local Rule 81099025.1 DECLARATION OF ANNAMARIE DALEY IN SUPPORT OF DEFENDANTS' BILL OF COSTS C 04-02308 SI Dockets.Justia.com 1 2 3 4 5 6 7 54. These costs are itemized in the Exhibits A through F attached hereto. 4. Exhibit A is a summary spreadsheet of filing costs associated with pro hac vice applications incurred by Defendants Cox in this matter with copies of cancelled checks, totaling $330. 5. Exhibit B is a summary spreadsheet, compilation of invoices, and copies of cancelled checks reflecting $4,252.47 in costs for deposition services. The invoices contained in Exhibit B are true and accurate copies of invoices received from court reporting services utilized in this case. 7. Exhibit C is a summary spreadsheet, compilation of invoices, and copies of ROBINS, KAPLAN, MILLER & CIRESI L.L.P. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTORNEYS AT LAW cancelled checks reflecting $3,903.48 in Court hearing transcript costs. The invoices contained in Exhibit C are true and accurate copies of invoices received from the court reporters in this matter. It was necessary for Defendants Cox to obtain these hearing transcripts to develop a record for use at summary judgment and claim construction to prepare for trial. 8. Exhibit D is a summary spreadsheet and compilation of invoices and bills MINNEAPOLIS reflecting $3,854.74 in costs for patents needed to properly defend this matter. The bills and invoices contained in Exhibit D are true and accurate copies of invoices and bills received to obtain copies of the file histories of the patent-in-suit and related patents. Defendants Cox are entitled to recover the costs of papers necessarily obtained for the case under 28 U.S.C. 1920(4). 9. Exhibit E is a spreadsheet summarizing the true and accurate costs for copies for exemplification and copies prepared by Robins, Kaplan, Miller & Ciresi's in-house photocopying service. Defendants Cox incurred a total of $2,597.42 in copying costs. These costs were billed separately from legal fees, at the rate of either $0.09 or $0.40 per copy made. 10. 81099025.1 Exhibit F is a summary spreadsheet, compilation of invoices, and copies of -2DECLARATION OF ANNAMARIE DALEY IN SUPPORT OF DEFENDANTS' BILL OF COSTS C 04-02308 SI 1 2 3 4 5 6 7 cancelled checks reflecting $6,288.91 in costs incurred from the court-appointed expert, Rainer W. Schulz.1 11. The above costs are correct and have necessarily been incurred in this case, and the services for which these costs have been charged were actually and necessarily performed and paid by Defendants Cox. I declare under penalty of perjury that the foregoing is true and correct. Executed in Minneapolis, Minnesota, the 6th day of November, 2009. ROBINS, KAPLAN, MILLER & CIRESI L.L.P. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: November 6, 2009. ROBINS, KAPLAN, MILLER & CIRESI L.L.P. By: s/Annamarie A. Daley Annamarie A. Daley Annamarie A. Daley (pro hac vice) ROBINS, KAPLAN, MILLER & CIRESI L.L.P. 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis, MN 55402 Telephone: (612) 349-8500 Facsimile: (612) 339-4181 Attorneys for Defendants COXCOM, INC., HOSPITALITY NETWORK, INC., and CABLE AMERICA CORPORATION ATTORNEYS AT LAW MINNEAPOLIS Rainer Schultz was a court-appointed expert and his costs were divided amongst the parties. Defendants Cox's portion noted on each invoice and the amounts identified on the spreadsheet. 1 81099025.1 -3- DECLARATION OF ANNAMARIE DALEY IN SUPPORT OF DEFENDANTS' BILL OF COSTS C 04-02308 SI 1 2 3 4 5 6 7 PROOF OF SERVICE BY MAIL I am a partner of the law firm Robins, Kaplan, Miller & Ciresi L.L.P. My business address is 2800 LaSalle Plaza, 800 LaSalle Avenue, Minneapolis, Minnesota 55402-2015. I am readily familiar with this firm's practice for collection and processing of correspondence for mailing with the United States Postal Service. On November 6, 2009, I placed with this firm at the above address for deposit with the United States Postal Service a true and correct copy of the within document(s): BILL OF COSTS AND DECLARATION OF ANNAMARIE A. DALEY IN SUPPORT OF DEFENDANTS COXCOM, INC., HOSPITALITY NETWORK, INC., AND CABLE AMERICA CORPORATION'S BILL OF COSTS in a sealed envelope, postage fully paid, addressed as set forth on the attached Service List. Following ordinary business practices, the envelope was sealed and placed for collection and mailing on this date, and would, in the ordinary course of business, be deposited with the United States Postal Service on this date. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on November 6, 2009, at Minneapolis, Minnesota. s/Annamarie A. Daley Annamarie A. Daley ROBINS, KAPLAN, MILLER & CIRESI L.L.P. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 81099025.1 ATTORNEYS AT LAW MINNEAPOLIS -4- DECLARATION OF ANNAMARIE DALEY IN SUPPORT OF DEFENDANTS' BILL OF COSTS C 04-02308 SI 1 2 3 4 5 6 7 Mark Anchor Albert Hennigan Bennett & Dorman LLP 601 S. Figueroa Street Suite 3300 Los Angeles, Ca 90017 Rebecca A. Bortolotti Merchant & Gould 80 S. 8th Street Suite 3200 Minneapolis, MN 55402 Fritz Byers 824 Spitzer Bldg., 520 Madison Avenue Toledo, OH 43604 Jay R. Campbell Renner Otto Boisselle & Sklar LLP Keith Bldg. 1621 Euclid Avenue 19th Floor Cleveland, OH 44115 David C. Doyle Morrison & Foerster LLP 3811 Valley Centre Dr., Ste. 500 San Diego, Ca 92130 Christopher B. Fagan Fay Sharpe Fagan Minnich & McKee 7th Floor 1100 Superior Avenue Cleveland, OH 44114-2518 Mark C. Johnson Renner Otto Boisselle & Sklar 19th Floor 1621 Euclid Avenue Cleveland, OH 44115 C Mark Kittredge Perkins Coie Brown & Bain PA P. O. Box 400 Phoenix, AZ 85001-0400 Martin P. Michael Sonnenschein Nath & Rosenthal 1221 Avenue of the Americas New York, NY 10020 Carl E. Myers Marshall Gerstein & Borun 81099025.1 SERVICE LIST ROBINS, KAPLAN, MILLER & CIRESI L.L.P. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTORNEYS AT LAW MINNEAPOLIS -5- DECLARATION OF ANNAMARIE DALEY IN SUPPORT OF DEFENDANTS' BILL OF COSTS C 04-02308 SI 1 2 3 4 5 6 7 6300 Sears Tower 233 South Wacker Drive Chicago, IL 60606 John Francis Petrsoric Goodwin Procter LLP 599 Lexington Avenue New York, NY 10022 Paul A. Ragusa Baker Botts LLP 30 Rockefeller Plaza New York, NY 10112 Andrew D. Raymond Marshall Gerstein & Borun LLP 6300 Sears Tower 233 South Wacker Drive Chicago, IL 60606-6357 John C. Reich Merchant & Gould 80 S. 8th Street Suite 3200 Minneapolis, MN 55402 A. Brent Truit Hennigan, Bennett & Dorman LLP 245 Park Avenue, Suite 3962 New York, NY 10167 ROBINS, KAPLAN, MILLER & CIRESI L.L.P. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTORNEYS AT LAW MINNEAPOLIS 81099025.1 -6- DECLARATION OF ANNAMARIE DALEY IN SUPPORT OF DEFENDANTS' BILL OF COSTS C 04-02308 SI

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