Textscape, LLC v. Google, Inc.

Filing 51

First MOTION for Summary Judgment of Invalidity filed by Google, Inc.. Motion Hearing set for 7/30/2010 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Proposed Order)(Ezgar, Geoffrey) (Filed on 6/16/2010)

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TIMOTHY T. SCOTT (SBN 126971) [e-mail] GEOFFREY M. EZGAR (SBN 184243) [e-mail] LEO SPOONER III (SBN 241541) [e-mail] KING & SPALDING LLP 333 Twin Dolphin Drive, Suite 400 Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] SCOTT T. WEINGAERTNER [e-mail] ROBERT F. PERRY [e-mail] CHRISTOPHER C. CARNA V AL [e-mail] MARK H. FRANCIS [e-mail] KING & SPALDING LLP 1185 Avenue of the Americas New York, NY 10036-4003 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant GOOGLEINC.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
TEXTSCAPE LLC, Plaintiff, v. GOOGLEINC. Case No. 5:09-cv-04552-JF Honorable: Judge Jeremy Fogel

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DECLARATION OF SCOTT T. WEINGAERTNER IN SUPPORT OF GOOGLE INC.'S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY OF CLAIM 1 OF U.S. PATENT NO. 5,713,740

DECL. IN SUPPO RT OF GOOGLE INC. ' S MOTION FOR SUMMARY JUDGMENT

CIV IL ACTION NO. C V 09-04552-J F

STATE OF NEW YORK

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COUNTY OF NEW YORK )

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I, Scott T. Weingaertner, declare as follows:

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1 am a partner at King & Spalding LLP, 1185 Avenue of the Americas, New

York, New York, and 1 represent Defendant Google Inc. ("Google") in this action. 1 submit this Declaration in support of Google Inc. 's Motionfor Summary Judgment of Invalidity of Claim 1

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of u.s. Patent No.5, 713,740.
2.
Attached as Exhibit A is a true and correct copy of U.S. Patent No. 5,713 ,7 4 0 ,

which issued on February 3, 1998 and is entitled " S y s t e m and method for converting written text into a graphical image for improved comprehension by the learning disabled." 3. Attached as Exhibit B is a true and correct copy of U.S. Patent and Trademark

Office Grant of Request for Reexamination of U.S. Patent No. 5,713,740 based on a substantial new question of patentability raised by Defendant. 4. Attached as Exhibit C is a true and correct copy of Plaintiff's Disclosure of

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Asserted Claims and Iy!fringement Contentions, served by Textscape LLC ("Textscape") upon
Google on March 26, 2010. 5. Attached as Exhibit D is a true and correct copy of excerpts of the April 7, 2010

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Deposition of R. David Middlebrook in Textscape LLC v. Adobe Systems Inc., 3:09-cv-4550-8Z
(N.D. Cal.).

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6.

Attached as Exhibit E is a true and correct copy of U.S. Patent No. 5,339,391

("the ' 391 patent"), which issued on August 16, 1994 and is entitled "Computer display unit with attributed enhanced scroll bar"

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Attached as Exhibit F is a true and correct copy of excerpts from the Prosecution

History of the '391 patent received from the U.S. Patent Office, with an application (07/523,117) initially filed on May 14, 1990.

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DECL. IN SUPPORT OF GOOGLE INC'S MOTION FOR SUMMARY JUDGMENT CIVIL ACTION NO. CV 09-04552-JF

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Attached as Exhibit G is a true and correct copy of U.S. Patent No. 5,510,808

("the ' 808 patent"), which issued on April 23, 1996 and is entitled "Scrollbar having system of user supplied information."

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Attached as Exhibit H is a true and correct copy of excerpts from the Prosecution

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History of the ' 808 patent received from the U.S. Patent Office, with an application (07/531,213) initially filed on May 31 , 1990. 10. Attached as Exhibit I is a true and correct copy of the District Court's Order

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Granting Defendant's Motion for Summary Judgment in Textscape LLC v. Adobe Systems Inc. ,
3:09-cv-4550-BZ, Dkt. 57 (N.D. Cal. June 7, 2010) .
II.

The picture of the "Accused Web Chrome Browser" in § V.B of Google Inc. 's

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Motion for Summary Judgment of Invalidity of Claim 1 of us. Patent No.5, 713, 740 (page 7) is a
true and correct screenshot of the Chrome Web Browser as operated on a Windows-based computer and identifying the search results of the term "taxonomic" on a webpage from www.wikipedia.org.

I declare under penalty of perjury that the foregoing is true and correct. Executed on June 16,2010.

By

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DECL. IN SUPPORT OF GOOGLE INC.'S MOTION FOR SUMMARY JUDGMENT CIVIL ACTION NO. CV 09-04552-J F