Google Inc. v. Rockstar Consortium US LP et al

Filing 134

MOTION for Issuance of Letters Rogatory to the Superior Court of Justice of Ontario, Canada for Nortel Networks Corporation, Jean-Pierre Fortin, Angela de Wilton, Jaspreet Harit, Yee-Ning Chan, Brian Finlay Beaton, Bruce Dale Stalkie, Mitch A. Brisebois, Laura A. Mahan, Paul Michael Brennan, Brian Cruickshank, and John Eric Lumsden filed by Google Inc.. (Attachments: # 1 Exhibit A to Google's Notice of Unopposed Motion and Motion for Issuance of Letter Rogatory, # 2 Declaration of Kristin J. Madigan In Support of Google's Unopposed Motion for Issuance of Letter Rogatory, # 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, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Proposed Order)(Curran, Patrick) (Filed on 9/29/2014) Modified on 9/30/2014 (cpS, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
Sean Pak (Cal. Bar No. 219032)

David Eiseman (Cal. Bar No. 114758)
Kristin J. Madigan (Cal. Bar No. 233436)

[e-mail]
50 California Street, 22nd Floor

San Francisco, California 94111
 [phone]
[phone] facsimile

Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]

555 Twin Dolphin Drive, 5th Floor
 Redwood Shores, California 94065
[phone]
 [phone] facsimile


Patrick D. Curran (Cal. Bar No. 241630)
[e-mail]
51 Madison Avenue, 22nd Floor

New York, New York 10010
 [phone]
[phone] facsimile

Attorneys for Plaintiff GOOGLE INC.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

OAKLAND DIVISION

GOOGLE INC.,
CASE NO. 13-cv-5933-CW

Plaintiff,
DECLARATION OF KRISTIN J.
MADIGAN IN SUPPORT OF GOOGLE’S

v.
UNOPPOSED MOTION FOR ISSUANCE
OF LETTER ROGATORY TO THE

ROCKSTAR CONSORTIUM US LP and
SUPERIOR COURT OF JUSTICE OF
MOBILESTAR TECHNOLOGIES LLC,
ONTARIO, CANADA FOR NORTEL

NETWORKS CORPORATION, JEANDefendants.
PIERRE FORTIN, ANGELA DE

WILTON, JASPREET HARIT, YEE-NING
CHAN, BRIAN FINLAY BEATON,

BRUCE DALE STALKIE, MITCH A.
BRISEBOIS, LAURA A. MAHAN, PAUL

MICHAEL BRENNAN, BRIAN
CRUICKSHANK, AND JOHN ERIC

LUMSDEN

Date: TBD
Time: TBD

Place: Courtroom 2
Judge: Honorable Claudia Wilken



CASE NO. 13-CV-5933-CW
MADIGAN DECLARATION IN SUPPORT OF MOTION FOR ISSUANCE OF LETTERS ROGATORY

1 I, Kristin J. Madigan, declare as follows:
2

1.

I am Of Counsel at Quinn Emanuel Urquhart & Sullivan, LLP, counsel for plaintiff

3 Google Inc. (“Google”) in this action. I submit this declaration in support of Google’s Unopposed
4 Motion for Issuance of Letter Rogatory to the Superior Court Of Justice Of Ontario, Canada For
5 Nortel Networks Corporation, Jean-Pierre Fortin, Angela De Wilton, Jaspreet Harit, Yee-Ning
6 Chan, Brian Finlay Beaton, Bruce Dale Stalkie, Mitch A. Brisebois, Laura A. Mahan, Paul
7 Michael Brennan, Brian Cruickshank, and John Eric Lumsden.
8

2.

Attached hereto as Exhibit 1 is a true and correct copy of Google’s Complaint for

9 Declaratory Judgment of Non-Infringement of U.S. Patent Nos. 5,838,551; 6,037,937; 6,128,298;
10 6,333,973; 6,463,131; 6,765,591; and 6,937,572 (“Google’s Declaratory Judgment Complaint”).
11 (Docket No. 1.)
12

3.

Attached hereto as Exhibit 2 is a true and correct copy of Exhibit A to Google’s

13 Declaratory Judgment Complaint, U.S. Patent No. 5,838,551 to Yee-Ning Chan, “Electronic
14 Package Carrying an Electronic Component and Assembly of Motherboard and Electronic
15 Package.” (Docket No. 1-1.)
16

4.

Attached hereto as Exhibit 3 is a true and correct copy of Exhibit B to Google’s

17 Declaratory Judgment Complaint, U.S. Patent No. 6,037,937 to Brian Finlay Beaton, Colin
18 Donald Smith, and Bruce Dale Stalkie, “Navigation Tool for Graphical User Interface.” (Docket
19 No. 1-2.)
20

5.

Attached hereto as Exhibit 4 is a true and correct copy of Exhibit C to Google’s

21 Declaratory Judgment Complaint, U.S. Patent No. 6,128,298 to Bruce Anthony Wootton and
22 William G. Colvin, “Internet Protocol Filter.” (Docket No. 1-3.)
23

6.

Attached hereto as Exhibit 5 is a true and correct copy of Exhibit D to Google’s

24 Declaratory Judgment Complaint, U.S. Patent No. 6,333,973 to Colin Donald Smith and Brian
25 Finlay Beaton, “Integrated Message Center.” (Docket No. 1-4.)
26

7.

Attached hereto as Exhibit 6 is a true and correct copy of Exhibit E to Google’s

27 Declaratory Judgment Complaint, U.S. Patent No. 6,463,131 to Marilyn French-St. George, Mitch
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CASE NO. 13-CV-5933-CW
-1MADIGAN DECLARATION IN SUPPORT OF MOTION FOR ISSUANCE OF LETTERS ROGATORY

1 A. Brisebois, and Laura A. Mahan, “System and Method for Notifying a User of an Incoming
2 Communication Event.” (Docket No. 1-5.)
3

8.

Attached hereto as Exhibit 7 is a true and correct copy of Exhibit F to Google’s

4 Declaratory Judgment Complaint, U.S. Patent No. 6,765,591 to Matthew W. Poisson, Melissa L.
5 Desroches, and James M. Milillo, “Managing a Virtual Private Network.” (Docket No. 1-6.)
6

9.

Attached hereto as Exhibit 8 is a true and correct copy of Exhibit G to Google’s

7 Declaratory Judgment Complaint, U.S. Patent No. 6,937,572 to Brian B. Egan and Milos
8 Vodsedalek, “Call Trace on a Packet Switched Network.” (Docket No. 1-7.)
9

10.

Attached hereto as Exhibit 9 is a true and correct copy of “Defendants Rockstar

10 Consortium U.S. LP and MobileStar Technologies LLC’s Answer and Counterclaims to Plaintiff’s
11 Complaint for Declaratory Judgment of Non-Infringement.” (Docket No. 61.)
12

11.

Attached hereto as Exhibit 10 is a true and correct copy of Answer of Google Inc.

13 to Counterclaims for Patent Infringement of Rockstar Consortium US LP and MobileStar
14 Technologies LLC. (Docket No. 73.)
15

12.

Attached hereto as Exhibit 11 is a true and correct copy of Minute Order and Case

16 Management Order. (Docket No. 88.)
17

13.

Attached hereto as Exhibit 12 is a true and correct copy of Exhibits A-G to

18 Plaintiff’s Invalidity Contentions served on Rockstar Consortium US LP and MobileStar
19 Technologies LLC in this action on August 25, 2014.
20

14.

Attached hereto as Exhibit 13 is a true and correct copy of U.S. Patent No.

21 5,987,100 to Peter A. Fortman and Thomas Kredo, “Universal Mailbox.”
22

15.

Attached hereto as Exhibit 14 is a true and correct copy of U.S. Patent No.

23 6,084,951 to Colin Donald Smith and Brian Finlay Beaton, “Iconized Name List.”
24

16.

Attached hereto as Exhibit 15 is a true and correct copy of U.S. Patent No.

25 6,310,944 to Michel A. Brisebois, Marilyn French St-George, and Laura Mahan, “Method for
26 Adding Context to Communications.”
27
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CASE NO. 13-CV-5933-CW
-2MADIGAN DECLARATION IN SUPPORT OF MOTION FOR ISSUANCE OF LETTERS ROGATORY

1

17.

Attached hereto as Exhibit 16 is a true and correct copy of U.S. Patent No.

2 6,853,713 to Joseph Fobert, Srivallipuranandan Navaratnam, Patrick James Dagert, and Steve
3 John McKinnon, “Client-Server Network for Managing Internet Protocol Voice Packets.”
4

18.

Attached hereto as Exhibit 17 is a true and correct copy of U.S. Patent No.

5 6,888,927 to Brian Cruickshank, Paul Michael Brennan, and John Eric Lumsden, “Graphical
6 Message Notification.”
7

19.

Attached hereto as Exhibit 18 is a true and correct copy of U.S. Patent No.

8 5,796,170 to Gabriel Marcantonio, “Ball Grid Array (BGA) Integrated Circuit Packages.”
9

20.

Attached hereto as Exhibit 19 is a true and correct copy of “Defendants’ Amended

10 Initial Disclosures” served by Rockstar Consortium US LP and MobileStar Technologies LLC on
11 Google Inc. in this action on June 25, 2014.
12

21.

Attached hereto as Exhibit 20 is a true and correct copy of “Pre-Trial Brief of The

13 Monitor and Canadian Debtors—Allocation,” In re Nortel Networks, Inc., No. 09-10138, Docket
14 No. 13553 (Bankr. D. Del. May 12, 2014).
15

22.

Attached hereto as Exhibit 21 is a true and correct copy of the “Patent Local Rule

16 2-2 Interim Model Protective Order” in the Northern District of California, available at
17 http://www.cand.uscourts.gov/model-protective-orders.
18

23.

Google served a subpoena for the production of documents on Nortel Networks,

19 Inc. in this action on July 17, 2014.
20

24.

Google served subpoenas on the named inventors of the patents-in-suit who reside

21 in the United States and who are represented by Rockstar’s counsel in this action on July 19, 2014
22 and July 24, 2014.
23

25.

Google has served subpoenas in this action for documents and depositions to

24 various prior artists to the patents-in-suit.
25

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

26 September 29, 2014 in San Francisco, California.
27

By /s Kristin J. Madigan
Kristin J. Madigan

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CASE NO. 13-CV-5933-CW
-3MADIGAN DECLARATION IN SUPPORT OF MOTION FOR ISSUANCE OF LETTERS ROGATORY

1

ATTESTATION

2

I, Patrick D. Curran, am the ECF user whose userid and password authorized the filing of

3 this document. Under Civil L.R. 5-1(i)(3), I attest that Kristin J. Madigan has concurred in this
4 filing.
5
6

DATED: September 29, 2014

/s Patrick D. Curran
Patrick D. Curran

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CASE NO. 13-CV-5933-CW
-4MADIGAN DECLARATION IN SUPPORT OF MOTION FOR ISSUANCE OF LETTERS ROGATORY