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

Filing 22

Declaration of Patrick C. Doolittle in Support of 20 MOTION to Dismiss , Motion to Strike, and Motion for a More Definite Statement; Memorandum of Points and Authorities, 21 Request for Judicial Notice, filed byFusion Garage PTE. LTD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 20 , 21 ) (Doolittle, Patrick) (Filed on 1/28/2010)

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

Doc. 22

Case5:09-cv-05812-JW Document22

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1 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Claude M. Stern (Bar No. 96737) 2 [e-mail] Patrick Doolittle (Bar No. 203659) 3 [e-mail] 50 California Street, 22nd Floor 4 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] 6 Attorneys for Defendant Fusion Garage PTE Ltd. 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CASE NO. C 09-cv-5812 JW DECLARATION OF PATRICK C. DOOLITTLE IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS, MOTION TO STRIKE, AND MOTION FOR A MORE DEFINITE STATEMENT Date: Time: Dept.: Judge: April 5, 2010 9:00 a.m. 8, Fourth Floor The Hon. James Ware

11 INTERSERVE, INC. dba TECHCRUNCH, a Delaware corporation, and CRUNCHPAD, 12 INC., a Delaware corporation, 13 14 vs. Plaintiffs,

15 FUSION GARAGE PTE LTD., a Singapore company, 16 Defendant. 17 18 19 20 21 22 23 24 25 26 27 28

Case No. C 09-cv-5812 JW
DECLARATION OF PATRICK C. DOOLITTLE IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS, MOTION TO STRIKE, MOTION FOR A MORE DEFINITE STATEMENT, AND REQUEST FOR JUDICIAL NOTICE

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DECLARATION OF PATRICK DOOLITTLE I, Patrick C. Doolittle, declare as follows: 1. I am a partner with the law firm of Quinn Emanuel Urquhart Oliver & Hedges,

4 LLP, counsel for Defendant. Unless otherwise noted, I make this declaration of personal, 5 firsthand knowledge and, if called and sworn as a witness, I could and would testify competently 6 thereto. This declaration is submitted in support of Defendant Fusion Garage's Motion to 7 Dismiss, Motion to Strike, Motion for More Definite Statement, and Request for Judicial Notice. 8 2. On information and belief, attached hereto as Exhibit A is a true and correct copy

9 of a blog post entitled "We Want a Dead Simple Web Tablet for $200. Help Us Build It", 10 authored by Michael Arrington and posted to the TechCrunch blog on July 21, 2008, bearing the 11 following URL: http://www.techcrunch.com/2008/07/21/we-want-a-dead-simple-web-tablet-help12 us-build-it/. I supervised a paralegal at my firm, Joerg Struempe, who used the Snagit Screen 13 Capture program to capture screen shots of this blog post. I compared the captured screenshots to 14 the Internet version of the blog post available at the aforementioned URL, and the screenshots 15 appear to be accurate depictions of the blog post. As discussed in Defendant's Request for 16 Judicial Notice, filed concurrently herewith, Defendant respectfully requests that the Court take 17 judicial notice of this document. 18 3. On information and belief, attached hereto as Exhibit B is a true and correct copy of

19 a blog post entitled "Update on the TechCrunch Tablet: Prototype A", authored by Michael 20 Arrington and posted to the TechCruch blog on August 30, 2008, bearing the following URL: 21 http://www.techcrunch.com/2008/08/30/update-on-the-techcrunch-tablet-prototype-a/. I 22 supervised a paralegal at my firm, Joerg Struempe, who used the Snagit Screen Capture program 23 to capture screen shots of this blog post. I compared the captured screenshots to the Internet 24 version of the blog post available at the aforementioned URL, and the screenshots appear to be 25 accurate copies of the blog post. As discussed in Defendant's Request for Judicial Notice, filed 26 concurrently herewith, Defendant respectfully requests that the Court take judicial notice of this 27 document. 28 -1Case No. C 09-cv-5812 JW
DECLARATION OF PATRICK C. DOOLITTLE IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS, MOTION TO STRIKE, MOTION FOR A MORE DEFINITE STATEMENT, AND REQUEST FOR JUDICIAL NOTICE

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4.

On information and belief, attached hereto as Exhibit C is a true and correct copy of

2 relevant excerpts from a blog post entitled "The End of the CrunchPad", authored by Michael 3 Arrington and posted to the TechCrunch blog on November 30, 2009, bearing the following URL: 4 http://www.techcrunch.com/2009/11/30/crunchpad-end/. I accessed this document from the 5 Internet and printed the first page of this document as Exhibit C. Defendant does not request that 6 the Court take judicial notice of this document (as it does not appear to be referenced in the 7 Complaint), but requests that Court consider it in connection with Defendant's motion to dismiss 8 Plaintiffs' Lanham Act claim on standing grounds under Fed. R. Civ. P. 12(b)(1). See Mahtesian 9 v. U.S. Office of Personnel Mgmt., 388 F. Supp. 2d 1047, 1047 n. 1 (N.D. Cal. 2005) ("Where, as 10 here, the subject matter jurisdiction of the court is challenged under Fed. R. Civ. P. 12(b)(1), the 11 court may consider evidence outside the complaint pertaining to this issue"). 12 I declare under penalty of perjury of the laws of the United States of America that the

13 foregoing is true and correct. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2Case No. C 09-cv-5812 JW
DECLARATION OF PATRICK C. DOOLITTLE IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS, MOTION TO STRIKE, MOTION FOR A MORE DEFINITE STATEMENT, AND REQUEST FOR JUDICIAL NOTICE

Executed this 28th day of January, 2009, in San Francisco, California. /s/ Patrick Doolittle Patrick C. Doolittle