Google Inc. v. Rockstar Consortium US LP et al

Filing 20

MOTION to Dismiss for Lack of Jurisdiction 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 filed by MobileStar Technologies LLC, Rockstar Consortium US LP. Motion Hearing set for 3/13/2014 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 2/6/2014. Replies due by 2/13/2014. (Attachments: # 1 Declaration of Afzal Dean, # 2 Proposed Order, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H)(Reichman, Courtland) (Filed on 1/23/2014)

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255 Shoreline Drive, Suite 510
Redwood Shores, CA 94065

McKool Smith Hennigan, P.C.

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Courtland L. Reichman (SBN 268873)
[e-mail]
MCKOOL SMITH HENNIGAN P.C.
255 Shoreline Drive, Suite 510
Redwood Shores, CA 94065
Telephone: [phone]
Fax: [phone]
Mike McKool (pro hac vice application to be filed)
[e-mail]
Douglas A. Cawley (pro hac vice application to be filed)
[e-mail]
Ted Stevenson III (pro hac vice application to be filed)
[e-mail]
David Sochia (pro hac vice application filed)
[e-mail]
MCKOOL SMITH P.C.
300 Crescent Court Suite 1500
Dallas, TX 75201
[phone]
[phone] (facsimile)
Attorneys for Defendants Rockstar
Consortium US LP and MobileStar
Technologies LLC

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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GOOGLE INC.,

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Plaintiffs,
vs.
ROCKSTAR CONSORTIUM US LP, and
MOBILESTAR TECHNOLOGIES LLC,
Defendant.

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Case No. 13-CV-05933 (CW)

[PROPOSED] ORDER GRANTING
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

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Case No. 13-CV-05933 (CW)

[PROPOSED] Order Granting 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

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Before the Court is Defendants Rockstar Consortium U.S. LP and MobileStar Technologies

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LLC’s Motion to Dismiss Under Fed. R. Civ. P. 12(b)(2) and 12(b)(3) for Lack of Personal

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Jurisdiction and Improper Venue and to Decline Exercising Jurisdiction under the Declaration
Judgment Act (“Motion”). The Court having reviewed the Motion, and any briefing filed in support

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of or opposition thereto, and any reply, and all declarations filed in support of or in opposition to the
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Motion, and being fully advised in the premises, now:
This Court hereby GRANTS 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 Declaration Judgment Act

255 Shoreline Drive, Suite 510
Redwood Shores, CA 94065

McKool Smith Hennigan, P.C.

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IT IS SO ORDERED.

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SIGNED THIS ______________ day of ________________________, 2014.

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________________________________
The Honorable Claudia Wilken
United States District Court Judge

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-228

Case No. 13-CV-05933 (CW)

[PROPOSED] Order Granting 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