Google Inc. v. Rockstar Consortium US LP et al

Filing 19

Administrative Motion to File Under Seal certain portions of Defendant's Motion to dismiss and supporting declaration filed by MobileStar Technologies LLC, Rockstar Consortium US LP. (Attachments: # 1 Declaration OF JOSHUA BUDWIN, # 2 Proposed Order, # 3 REDACTED Motion to Dimiss, # 4 UNREDACTED Motion to Dismiss, # 5 REDACTED Declaration of Afzal Dean, # 6 UNREDACTED Declaration of Afzal Dean)(Reichman, Courtland) (Filed on 1/23/2014)

Download PDF
REDACTED VERSION OF DOCUMENT(S) SOUGHT TO BE SEALED 1 2 3 4 5 6 7 8 9 10 11 12 13 Courtland L. Reichman (SBN 268873) creichman@mckoolsmithhennigan.com MCKOOL SMITH HENNIGAN P.C. 255 Shoreline Drive, Suite 510 Redwood Shores, CA 94065 Telephone: (650) 394-1400 Fax: (650) 394-1422 Mike McKool (pro hac vice application to be filed) mmckool@McKoolSmith.com Douglas A. Cawley (pro hac vice application to be filed) dcawley@McKoolSmith.com Ted Stevenson III (pro hac vice application to be filed) tstevenson@mckoolsmith.com David Sochia (pro hac vice application filed) dsochia@McKoolSmith.com MCKOOL SMITH P.C. 300 Crescent Court Suite 1500 Dallas, TX 75201 (214) 978-4000 (214) 978-4044 (facsimile) Attorneys for Defendants Rockstar Consortium US LP and MobileStar Technologies LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION 14 15 16 17 GOOGLE INC., 18 19 20 Plaintiff, vs. ROCKSTAR CONSORTIUM U.S. LP, and MOBILESTAR TECHNOLOGIES LLC, 21 Defendants. 22 23 24 25 26 27 28 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 13-cv-5933 CW DECLARATION OF AFZAL DEAN IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS UNDER FED. R. CIV. P. 12(b)(2) and 12(b)(3) FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE AND TO DECLINE EXERCISING JURISDICTION UNDER THE DECLARATORY JUDGMENT ACT Date: March 13, 2014 Time: 2:00 p.m. Courtroom: 2 - 4th Floor Judge: Hon. Claudia Wilken DECLARATION OF AFZAL DEAN IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE AND TO DECLINE EXERCISING JURISDICTION UNDER THE DECLARATORY JUDGMENT ACT—Case No. 13-cv-5933-CW REDACTED VERSION OF DOCUMENT(S) SOUGHT TO BE SEALED 1 2 3 I, Afzal Dean, declare under oath as follows: 1. I have personal knowledge of the facts stated herein. 2. I am currently the President of MobileStar Technologies LLC (“MobileStar”). I have 4 held that position since the formation of MobileStar. I reside in Ottawa, Canada. 5 6 3. I am currently also VP of IP Licensing for Rockstar Consortium. 7 4. I am a former employee of Nortel Networks, which owned the patents-in-suit prior to 8 Rockstar. My previous positions at Nortel included Director IP Licensing—IP Law and Director 9 of Engineering. 10 11 5. MobileStar was incorporated in October 2013. MobileStar is a Delaware limited liability corporation with a principal place of business at Legacy Town Center 1, 7160 North 12 13 14 15 Dallas Parkway, Suite No. 250, Plano, Texas, 75024. MobileStar is the owner of U.S. Patent Nos. 6,037,937; 6,333,973; 6,463,131; 6,765,591; and 6,937,572. 6. MobileStar is not incorporated in California, has no place of business in California, 16 and is not licensed or authorized to do business there. MobileStar has no agent for service of 17 process in California. MobileStar has not performed services or sold products to California. 18 MobileStar has never solicited business from California. MobileStar has never signed any 19 contract in California. MobileStar has never owned real or personal property in California. 20 21 22 MobileStar has never maintained an office in California. MobileStar has never maintained any records in California. 23 7. MobileStar has no personnel, employees, or agents in California. 24 8. MobileStar pays no taxes in California. 25 9. MobileStar has 3 officers (President Afzal Dean, Vice-President Chad Hilyard, and 26 Corporate Secretary Mike Dunleavy) and one board member (Director of the Board John 27 28 DECLARATION OF AFZAL DEAN IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE AND TO DECLINE EXERCISING JURISDICTION UNDER THE DECLARATORY JUDGMENT ACT—Case No. 13-cv-5933-CW REDACTED VERSION OF DOCUMENT(S) SOUGHT TO BE SEALED 1 Veschi). None of them reside in California. 2 3 4 5 6 7 8 9 10 11. On October 31, 2013, NetStar Technologies LLC (“NetStar”), a subsidiary of Rockstar, filed a patent infringement action against Google in the Eastern District of Texas (“NetStar/Google Litigation”). 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF AFZAL DEAN IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE AND TO DECLINE EXERCISING JURISDICTION UNDER THE DECLARATORY JUDGMENT ACT—Case No. 13-cv-5933-CW REDACTED VERSION OF DOCUMENT(S) SOUGHT TO BE SEALED 1 2 none of MobileStar’s officers or board 3 4 5 6 members have otherwise travelled to California on behalf of MobileStar. MobileStar has not otherwise met with, contacted, or communicated with any other California entity. 7 8 9 15. Rockstar Consortium U.S. LP (“Rockstar”) is the parent entity of MobileStar. Rockstar is a Delaware limited partnership with a principal place of business at Legacy Town 10 Center 1, 7160 North Dallas Parkway, Suite No. 250, Plano, Texas, 75024. Rockstar is the 11 owner of U.S. Patent Nos. 5,838,551 and 6,128,298. Rockstar was previously the owner of U.S. 12 Patent Nos. 6,037,937; 6,333,973; 6,463,131; 6,765,591; and 6,937,572 before assigning them to 13 MobileStar in October 2013. 14 16. Rockstar is not incorporated in California, has no place of business in California, and 15 16 is not licensed or authorized to do business there. Rockstar has no agent for service of process in 17 California. Rockstar has never signed any contract in California. Rockstar has never owned real 18 or personal property in California. Rockstar has never maintained an office in California. 19 Rockstar has never maintained any records in California. 20 21 22 23 24 25 26 27 28 DECLARATION OF AFZAL DEAN IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE AND TO DECLINE EXERCISING JURISDICTION UNDER THE DECLARATORY JUDGMENT ACT—Case No. 13-cv-5933-CW REDACTED VERSION OF DOCUMENT(S) SOUGHT TO BE SEALED 1 2 3 4 5 6 7 8 9 10 11 12 13 22. Rockstar and MobileStar have not filed any lawsuits in California. 14 23. Rockstar and MobileStar have not engaged in extra-judicial enforcement of the 15 16 17 18 patents-in-suit, such as engaging third-parties in attempting to remove allegedly infringing products from a trade show in California. 24. 19 20 21 As mentioned above, MobileStar is based in Texas. 22 23 24 25 26 27 28 27. Nortel Networks, which owned the patents-in-suit prior to Rockstar, had its historical DECLARATION OF AFZAL DEAN IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE AND TO DECLINE EXERCISING JURISDICTION UNDER THE DECLARATORY JUDGMENT ACT—Case No. 13-cv-5933-CW REDACTED VERSION OF DOCUMENT(S) SOUGHT TO BE SEALED 1 U.S. headquarters in Richardson, Texas. For 20 years, from 1991-2011, Nortel occupied a 2 800,000 square foot campus in Richardson and employed thousands of residents in Richardson 3 and neighboring Plano. Nortel’s licensing activities were headquartered out of Richardson, and 4 involved personnel from Nortel’s law department responsible for patent prosecution, patent 5 6 licensing and litigation, many of whom now work for Rockstar. When I was at Nortel, I worked frequently with Nortel employees in Richardson, and continue to work with many of the same 7 8 9 people at Rockstar. When Rockstar acquired the patents-in-suit, Rockstar also inherited the Nortel law department’s Richardson office space, many of Nortel’s employees in Richardson 10 responsible for licensing activities, and historical Nortel files in Richardson (including many 11 files relevant to the patents-in-suit). After Nortel’s Richardson campus was sold in Nortel’s 12 bankruptcy proceedings, Rockstar relocated its offices and subsequently moved to the 13 neighboring town of Plano, Texas. 14 28. Rockstar’s Plano, Texas office includes Rockstar’s full-time employees who reside in 15 16 Texas. Rockstar’s Plano office also has assigned offices for several home-based Rockstar 17 employees who travel frequently to Plano. Even though I reside and work from Rockstar’s 18 Ottawa, Canada location, I travel frequently to Plano and have an assigned office in the Plano 19 office. 20 21 29. None of Rockstar’s full-time or home-based employees live in California. 30. Rockstar pays no California taxes. 22 31. Rockstar has not held any board meetings in California. 23 24 32. Rockstar has not signed any license agreements in California. 25 33. Rockstar has not sold any patents to any California entities. 26 34. Rockstar has received licensing consulting services from Mark Wilson, an 27 28 independent contractor who lives in California. DECLARATION OF AFZAL DEAN IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE AND TO DECLINE EXERCISING JURISDICTION UNDER THE DECLARATORY JUDGMENT ACT—Case No. 13-cv-5933-CW REDACTED VERSION OF DOCUMENT(S) SOUGHT TO BE SEALED 1 2 3 4 5 6 None of his responsibilities related to the patents-in-suit. 7 8 9 10 None of his responsibilities related to California and he has never contacted any California entities on behalf of Rockstar. He has never met with Google, ASUS, HTC, Huawei, LG, Pantech, Samsung, or ZTE on behalf of Rockstar. 11 12 13 Rockstar does not pay California taxes on Mark’s compensation. 35. Rockstar’s limited partners are Apple Inc., Blackberry Limited, Telefonaktiebolaget 14 LM Ericsson (publ), Microsoft Corporation and Sony (ICA IPLA Holdings Inc.). The limited 15 16 partners neither direct nor control Rockstar’s licensing efforts in California or anywhere else. 17 Rockstar’s management directs Rockstar’s licensing efforts. Rockstar takes measures to ensure 18 that information about prospective licensees and negotiations does not flow to the limited 19 partners. 20 21 22 23 24 25 26 27 28 DECLARATION OF AFZAL DEAN IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE AND TO DECLINE EXERCISING JURISDICTION UNDER THE DECLARATORY JUDGMENT ACT—Case No. 13-cv-5933-CW REDACTED VERSION OF DOCUMENT(S) SOUGHT TO BE SEALED

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?