Interserve, Inc. et al v. Fusion Garage PTE. LTD

Filing 128

DECLARATION of Patrick Doolittle in Opposition to 72 Memorandum in Opposition Supplemental Declaraton in Opposition to Preliminary Injunction filed byFusion Garage PTE. LTD. (Attachments: # 1 Exhibit A, # 2 Exhibit B (under seal), # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 72 ) (Doolittle, Patrick) (Filed on 5/13/2010)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Claude M. Stern (Bar No. 96737) [e-mail] 2 Evette Pennypacker (Bar No. 203515) [e-mail] 3 555 Twin Dolphin Dr., 5th floor 4 Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Patrick Doolittle (Bar No. 203659) [e-mail] 50 California Street, 22nd Floor 7 San Francisco, California 94111 [phone] 8 Telephone: Facsimile: [phone] 9 Attorneys for Defendant Fusion Garage PTE Ltd. 10 11 12 13 14 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 6

INTERSERVE, INC. dba TECHCRUNCH, a 16 Delaware corporation, and CRUNCHPAD, INC., a Delaware corporation, 17 Plaintiffs, 18 vs. 19 FUSION GARAGE PTE LTD., a Singapore 20 company, 21 22 23 24 25 26 27 28
04049.51632/3496526.1
SUPP

CASE NO. C 09-cv-5812 RS SUPPLEMENTAL DECLARATION OF PATRICK C. DOOLITTLE IN SUPPORT OF OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION (Exhibit B Lodged Under Seal) Date: May 13, 2010 Time: 1:30 p.m. Judge: Hon. Richard Seeborg

Defendant.

Case No. C 09-cv-5812 RS
SUPPLEMENTAL DECLARATION OF PATRICK C. DOOLITTLE

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I, PATRICK C. DOOLITTLE declare as follows: 1. I am a member of the bar of the State of California and a partner in Quinn Emanuel

3 Urquhart & Sullivan, LLP, attorneys for Defendant Fusion Garage. Unless otherwise noted, I 4 make this declaration of personal knowledge, and if called and sworn as a witness, I could and 5 would testify competently thereto. 6 2. Attached hereto as Exhibit A is a true and correct copy of non-confidential excerpts

7 from the deposition of TechCrunch's 30(b)(6) designee. Plaintiffs have withdrawn the 8 confidentiality designation of these excerpts. 9 3. Attached hereto as Exhibit B is a true and correct copy of excerpts from the

10 deposition of TechCrunch's 30(b)(6) designee, which TechCrunch has designated as Confidential 11 or Confidential-Attorneys' Eyes Only. Due to TechCrunch's assertion of confidentiality over 12 these deposition excerpts, Exhibit B should be filed under seal. 13 4. Attached hereto as Exhibit C is a true a correct copy of a document that Plaintiffs

14 produced in this litigation. This document purports to be an email exchange between TechCrunch 15 personnel Michael Arrington and Heather Harde, along with various Excel spreadsheet 16 attachments. This document was designated as Exhibit 8 to the TechCrunch Rule 30(b)(6) 17 deposition. I understand that Plaintiffs have withdrawn the confidentiality designation of this 18 document. 19 5. Attached hereto as Exhibit D is a true a correct copy of a document that Plaintiffs

20 produced in this litigation. This document purports to be an email exchange between Heather 21 Harde and Chandra Rathakrishnan, in which Harde sends Rathakrishnan a "cap table" offering to 22 acquire Fusion Garage for 23.5% equity in CrunchPad, Inc. This document was introduced as 23 Exhibit 11 to the TechCrunch Rule 30(b)(6) deposition. 24 6. In light of Plaintiffs' recent submission of additional materials in the Supplemental

25 Bridges and Teare Declarations (Dkt. 117, Exs. 3-5), Fusion Garage is submitting this 26 supplemental testimony and exhibits as well. Fusion Garage will withdraw its objections to 27 Plaintiffs' submission of the Supplemental Bridges and Teare declarations, conditioned on 28 Plaintiffs not objecting to this submission.
04049.51632/3496526.1

SUPPLEMENTAL DECLARATION OF PATRICK C. DOOLITTLE

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Case No. C 09-cv-5812 RS

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I declare under penalty of perjury under the laws of the United States of America that the

2 foregoing is true and correct. 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
04049.51632/3496526.1

Executed this 13th day of May 2010 at San Francisco, California. /s/ Patrick C. Doolittle Patrick C. Doolittle

SUPPLEMENTAL DECLARATION OF PATRICK C. DOOLITTLE

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Case No. C 09-cv-5812 RS