Hovsepian v. Apple, Inc.

Filing 324

Hovsepian v. Apple, Inc.

Doc. 324

1 2 3 4 5 6 7 8 9 10 11 12
@Zcc^\Vc( :ZccZii $ <dgbVc aae

HENNIGAN, BENNETT & DORMAN LLP Roderick G. Dorman (SBN 96908) [e-mail] Alan P. Block (SBN 143783) [e-mail] Marc Morris [e-mail] 865 South Figueroa Street, Suite 2900 Los Angeles, California 90017 Telephone: [phone] Fax: [phone] Attorneys for Plaintiff ACACIA MEDIA TECHNOLOGIES CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION In re ACACIA MEDIA TECHNOLOGIES CORPORATION,
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No.05 CV 01114 JW DECLARATION OF ALAN P. BLOCK IN SUPPORT OF PLAINTIFF ACACIA MEDIA TECHNOLOGIES CORPORATION'S OPPOSITION TO: 1. ROUND 3 DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OF INVALIDITY UNDER 35 U.S.C. § 112 OF THE `992, `863, AND `702 PATENTS; AND 2. SATELLITE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OF INVALIDITY OF THE `992, `863, AND `720 PATENTS Date: Time: Ctrm: Judge: TBD TBD 8, 4th Floor Hon. James Ware

13
aVlnZgh adh Vc\ZaZh( XVa^[dgc^V

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Case No. 05 CV 01114 JW

DECLARATION OF ALAN P. BLOCK IN SUPPORT OF ACACIA'S OPPOSITION TO SUMMARY JUDGMENT MOTIONS

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12
@Zcc^\Vc( :ZccZii $ <dgbVc aae

I, Alan P. Block, declare and state as follows: 1. I am an attorney admitted to practice before the Courts of the State of California. I

am a partner in the law firm of Hennigan, Bennett & Dorman LLP, counsel of record for plaintiff SpeedTrack, Inc. in this action. I offer this declaration in support of Plaintiff Acacia Media Technologies, Inc.'s Opposition to: (1) Round 3 Defendants' Motion For Summary Judgment Of Invalidity Under 35 U.S.C. § 112 Of The `992, `863, And `702 Patents; And (2) Satellite Defendants' Motion For Summary Judgment Of Invalidity Of The `992, `863, And `720 Patents. Except where specifically noted, I have personal knowledge of the facts set forth in this declaration and could and would testify competently if called as a witness. 2. Attached hereto as Exhibit 1 is a true and correct copy of the Manual of Patent

Examining Procedure ("MPEP"), 5th Ed., Rev. 13 (Nov. 1989), § 706, at 700-5 to 700-6. 3. Attached hereto as Exhibit 2 is a true and correct copy of the MPEP, 5th Ed., Rev. 13

13
aVlnZgh adh Vc\ZaZh( XVa^[dgc^V

(Nov. 1989), § 2106.02, at 2100-5 to 2100-7. 4. Attached hereto as Exhibit 3 is a true and correct copy of the originally-filed claims

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

filed on January 7, 1991 with the patent application that matured into U.S. Patent No. 5,132,992 (`992 patent). 5. Attached hereto as Exhibit 4 is a true and correct copy of a portion of the Declaration

of S. Merrill Weiss dated May 18, 2007, at ¶¶ 29-31. 6. Attached hereto as Exhibit 5 is a true and correct copy of a portion of the Declaration

of Stephen M. Walters dated July 17, 2007, at ¶ 40. 7. Attached hereto as Exhibit 6 is a true and correct copy of the following letters from

defendants' counsel which set forth the issues that defendants' proposed to raise in their Section 112 Motions for Summary Judgment: (1) March 28, 2008 letter from Mr. Benyacar; (2) April 11, 2008 letter from Mr. Benyacar; (3) March 28, 2008 letter from Mr. Kreeger; and (3) April 11, 2008 letter from Mr. Kreeger.

2
Case No. 05 CV 01114 JW DECLARATION OF ALAN P. BLOCK IN SUPPORT OF ACACIA'S OPPOSITION TO SUMMARY JUDGMENT MOTIONS

1 2 3 4 5 6 7 8 9 10 11
@Zcc^\Vc( :ZccZii $ <dgbVc aae

8.

Attached hereto as Exhibit 7 is a true and correct copy of the September 30, 1991

amendment filed during prosecution of the `992 patent. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 15th day of December, 2008 at Los Angeles, California.

/s/ Alan P. Block Alan P. Block

12 13
aVlnZgh adh Vc\ZaZh( XVa^[dgc^V

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
3
Case No. 05 CV 01114 JW DECLARATION OF ALAN P. BLOCK IN SUPPORT OF ACACIA'S OPPOSITION TO SUMMARY JUDGMENT MOTIONS