Pragmatus AV, LLC v. Facebook, Inc.

Filing 13

Memorandum in Support re 12 MOTION to Transfer Case Pursuant to 28 U.S.C. § 1404(a) filed by Facebook, Inc.. (Attachments: # 1 Facebook Declaration, # 2 Wilcox Declaration, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14)(Wilcox, Justin)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION

PRAGMATUS AV, LLC,

CASE NO. 2:10-cv-00560-HCM/FBS

Plaintiff,
v.
FACEBOOK, INC.,
Defendant.

DECLARATION OF JUSTIN P.D. WILCOX IN SUPPORT OF FACEBOOK, INC.’S
JOINT MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. § 1404(a)
I, Justin P.D. Wilcox, hereby declare and state as follows:
1. I am an attorney licensed to practice in the Commonwealth of Virginia, where I
am an associate at the law firm of Cooley LLP, counsel in the above-captioned
matter for Defendant Facebook, Inc. (“Facebook”). This declaration is based on
my own personal knowledge. If called upon to testify, I could and would testify
competently thereto.
2. Attached as Exhibit 1 is a true and correct copy of Pragmatus AV, LLC’s LLC
Data Inquiry from the State Corporation Commission, dated June 9, 2010.
3. Attached as Exhibit 2 is a true and correct copy of an article entitled, “MyhrvoldConnected Firm Sues YouTube, Facebook and LinkedIn Over Patents,” dated
November 18, 2010 (available at http://paidcontent.org/article/419-myhrvoldconnected-firm-targets-youtube-facebook-linkedin-over-patents/ (last visited Jan.
21, 2011)).

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4. Attached as Exhibit 3 is a true and correct copy of the assignments for U.S.
Patents 7,421,470 and 7,433,921.
5. Attached as Exhibit 4 is a true and correct copy of excerpts from an IRBSearch
comprehensive report regarding Chris Lauwers, dated January 5, 2011.
6. Attached as Exhibit 5 is a true and correct copy of excerpts from an IRBSearch
comprehensive report regarding Keith Allen Lantz, dated January 5, 2011.
7. Attached as Exhibit 6 is a true and correct copy of excerpts from an IRBSearch
comprehensive report regarding Gerald Burnett, dated January 5, 2011.
8. Attached as Exhibit 7 is a true and correct copy of excerpts from an IRBSearch
comprehensive report regarding Lester Ludwig, dated January 5, 2011.
9. Attached as Exhibit 8 is a true and correct copy of excerpts from an IRBSearch
comprehensive report regarding Emmett Burns, dated January 6, 2011.
10. Attached as Exhibit 9 is a true and correct copy of Polycom, Inc.’s Second
Amended Answer and Counterclaims in Collaboration Properties, Inc. v.
Polycom Inc., Case No. 02-04591 MMC (N.D. Cal.), dated June 23, 2003.
11. Attached as Exhibit 10 is a true and correct copy of the Civil Docket Report in
Collaboration Properties, Inc. v. Tandberg Asa, et al., Case No. 05-01940-MHP
(N.D. Cal.).
12. Attached as Exhibit 11 is a true and correct copy of the Civil Docket Report in
Collaboration Properties, Inc. v. Polycom Inc., Case No. 02-04591 MMC (N.D.
Cal.).
13. Attached as Exhibit 12 is a true and correct copy of Tandberg’s Memorandum of
Points and Authorities in Support of their Motion to Amend Their Answer in

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Collaboration Properties, Inc. v. Tandberg Asa, et al., Case No. 05-01940-MHP
(N.D. Cal.), dated December 4, 2006.
14. Attached as Exhibit 13 is a true and correct copy of the Court’s Memorandum and
Order regarding the Defendants’ Motion to Amend their Answer and
Counterclaims in Collaboration Properties, Inc. v. Tandberg Asa, et al., Case No.
05-01940-MHP (N.D. Cal.), dated January 25, 2007.
15. Attached as Exhibit 14 is a true and correct copy of the Federal Circuit’s Order on
the Petition for Writ of Mandamus, In re Microsoft Corp., Misc. No. 944, slip op.
(Fed. Cir. Jan. 5, 2011).
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct and that this declaration was executed by me on this 21st day of
January 2011, at Reston, Virginia.
/s/ Justin P.D. Wilcox
Justin P.D. Wilcox

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CERTIFICATE OF SERVICE
I hereby certify that on the 21st day of January, 2011, I will electronically file the
foregoing DECLARATION OF JUSTIN P.D. WILCOX IN SUPPORT OF FACEBOOK,
INC.’S JOINT MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. § 1404(a) with
the Clerk of the Court using the CM/ECF system, which will then send a notification of such
filing (NEF) to the following:

Mark W. Wasserman (VSB #22638)
Matthew R. Sheldon (VSB #41892)
Counsel for Plaintiff, Pragmatus AV, LLC
REED SMITH LLP
3110 Fairview Park Drive
Suite 1400
Falls Church, Virginia 22042
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

/s/ Justin P.D. Wilcox
Justin P.D. Wilcox (Va. Bar No. 66067)
[e-mail]
COOLEY LLP
One Freedom Square, Reston Town Center
11951 Freedom Drive
Reston, VA 20190-5656
Telephone: [phone]
Facsimile: 703.456.8100
Attorneys for Facebook, Inc.

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