Facebook, Inc. v. Studivz, Ltd et al

Filing 125

Declaration of Julio C. Avalos in Support of 124 Memorandum in Opposition,, Facebook's Opposition to Defendants' Motion for Administrative Relief filed byFacebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 124 ) (Avalos, Julio) (Filed on 3/24/2009)

Facebook, Inc. v. Studivz, Ltd et al

Doc. 12

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I. NEEL CHATTERJEE (State Bar No. 173985) [e-mail] JULIO C. AVALOS (STATE BAR NO. 255350) javalo [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650-614-7401 THOMAS J. GRAY (STATE BAR NO. 191411) [e-mail] m ORRICK, HERRINGTON & SUTCLIFFE LLP 4 Park Plaza Suite 1600 Irvine, CA 92614-2558 Telephone: [phone] Facsimile: 949-567 6710 Attorneys for Plaintiff FACEBOOK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

FACEBOOK, INC., Plaintiff, v. STUDIVZ LTD., HOLTZBRINCK NETWORKS GmbH, HOLTZBRINCK VENTURES GmbH AND DOES 1-25, Defendants.

Case No. 5:08-cv-03468 JF DECLARATION OF JULIO C. AVALOS IN SUPPORT OF FACEBOOK INC.'S OPPOSITION TO DEFENDANTS' MOTION FOR ADMINISTRATIVE RELIEF Judge: Honorable Jeremy Fogel Complaint Filed: July 18, 2008

OHS West:260632301. 1

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, Julio C. Avalos, declare as follows: 1. I am an attorney with the law firm of Orrick, Herrington & Sutcliffe LLP, counsel

for Plaintiff Facebook, Inc. ("Facebook"). I make this Declaration in support of Facebook's Opposition to Defendants' Motion for Administrative Relief seeking to stay the personal jurisdiction portion of their motions to dismiss. I am an active member in good standing of the California State Bar. Except as set forth herein, I have personal knowledge of the facts stated herein and if called as a witness, could and would competently testify thereto. 2. On March 24, 2009, I directed my internet browser to the website located at

http://www.pantherexpress.net/news/25/. I then saved that website as a PDF image file, which

accurately portrays the website as I saw it. A true and correct copy of this file/webpage is attached hereto as Exhibit A. 3. On March 24, 2009, I opened Apple's iTunes program and navigated to the

"iTunes Store" link along the left navigation panel. I clicked on that link and was directed to the iTunes Store, an online store stocked with downloadable music, movies, television programs and a variety of applications and programs for the Apple iPhone. I performed a search in the iTunes store for "studivz" and was able to locate three different iPhone applications available for download. These applications correspond to three of Defendants' websites: meinVZ, schulerVZ and StudiVZ. According to the iTunes store, these applications have been available for download since March 3, 2009. Using my computer's screenshot feature, I was able to record my screenshot as an image file. This image file accurately portrays the iTunes store screenshot as I saw it. A true and correct copy of same is attached hereto as Exhibit B. 4. On March 24, 2009, I directed my internet browser to the website located at

http://developer.apple.com/iphone/terms/registered_iphone_developer.pdf. Located at that address is

PDF image file of Apple, Inc.'s "Registered iPhone Developer Agreement." I saved this website/PDF image file onto my computer. The saved image file accurately portrays the website as I viewed it online. A true and correct copy of same is attached hereto as Exhibit C. I declare, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.
OHS West:260632301.1

-1-

DECLARATION OF JULIO C. AVALOS No. 5:08-CV-03468 JF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Executed this 24th day of January, at Menlo Park, California.

/s/ Julio C. Avalos /s/ JULIO C. AVALOS

OHS West:260632301.1

-2-

DECLARATION OF JULIO C. AVALOS No. 5:08-CV-03468 JF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: March 24, 2009

CERTIFICATE OF SERVICE I hereby certify that this document(s) filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non registered participants on March 24, 2009. Respect fully submitted, /s/ Julio C. Avalos /s/ Julio C. Avalos

-3-

DECLARATION OF JULIO C. AVALOS No. 5:08-CV-03468 JF