Hovsepian v. Apple, Inc.

Filing 54

MOTION to Dismiss Defendant Apple, Inc.'s Notice of Motion and Motion to Dismiss Second Amended Class Action Complaint filed by Apple, Inc.. Motion Hearing set for 12/4/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Counts, Thomas) (Filed on 10/13/2009)

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Hovsepian v. Apple, Inc. Doc. 54 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 Victor G. Savikas (State Bar No. 145658) Kevin G. McBride (State Bar No. 195866) Maria K. Nelson (State Bar No. 155608) JONES DAY 555 South Flower Street Fiftieth Floor Los Angeles, CA 90071 Telephone: (213) 489-3939 Facsimile: (213) 243-2539 vgsavikas@jonesday.com kgmcbride@jonesday.com mknelson@jonesday.com Tharan Gregory Lanier (State Bar No. 138784) JONES DAY 2882 Sand Hill Road, Suite 240 Menlo Park, CA 94025-7064 Telephone: (650) 739-3939 Facsimile: (650) 739-3900 tglanier@jonesday.com Attorneys for Defendant THE DIRECTV GROUP, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C-05-01114 JW (HRL) MDL No. 1665 IN RE ACACIA MEDIA TECHNOLOGIES CORPORATION DECLARATION OF CHARLES C. WONG Hearing Date: September 8, 2005 Hearing Time: 9:00 a.m. Courtroom: Honorable James Ware LAI-2199250v1 DECLARATION OF CHARLES C. WONG CASE NO. C-05-01114 JW 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, Charles C. Wong, declare that the following is true: 1. I am an attorney licensed to practice in the State of California and before this Court. I am an associate in the law firm of Jones Day, counsel for defendant DIRECTV GROUP, INC., in these coordinated actions. I make this declaration of my own personal knowledge, and if called to do so, I would testify to these facts under oath. 2. Attached hereto as Exhibit A is true and correct copy of U.S. Patent No. 6,144,702, titled "Audio and Video Transmission and Receiving System," issued to Yurt et al., on November 7, 2000. 3. Attached hereto as Exhibit B is true and correct copy of Plaintiff Acacia Media Technologies Corporation's Claim Construction Brief Re: Claim Terms In The '702 Patent, filed on May 7, 2004. 4. Attached hereto as Exhibit C is true and correct copy of Defendants' [New Destiny Internet Group, et al.] Claim Construction Brief Regarding United States 6,144,702, filed on May 7, 2004. 5. Attached hereto as Exhibit D is true and correct copy of Plaintiff Acacia Media Technologies Corporation's Opposition To Defendants' Claim Construction Brief Re: Claim Terms In the '702 Patent, filed on May 13, 2004. 6. Attached hereto as Exhibit E is true and correct copy of Defendants' [New Destiny Internet Group, et al.] Responsive Claim Construction Brief Regarding United States Patent No. 6,144,702, filed on May 13, 2004. 7. Attached hereto as Exhibit F is true and correct copy of Hon. J. Ware's Markman Order, July 12, 2004. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on July 29, 2005 in Los Angeles, California. _____________/s/_________________ CHARLES C. WONG DECLARATION OF CHARLES C. WONG CASE NO. C-05-01114 JW LAI-2199250v1

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