Google Inc. v. Rockstar Consortium US LP et al

Filing 31

Declaration of Kristin J. Madigan in Support of 30 Google Inc.'s Opposition to Defendants' Motion to Dismiss or Transfer filed byGoogle Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19 - Part 1 of 3, # 20 Exhibit 19 - Part 2 of 3, # 21 Exhibit 19 - Part 3 of 3, # 22 Exhibit 20, # 23 Exhibit 21 - Part 1 of 2, # 24 Exhibit 21 - Part 2 of 2, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30, # 34 Exhibit 31, # 35 Exhibit 32, # 36 Exhibit 33, # 37 Exhibit 34, # 38 Exhibit 35, # 39 Exhibit 36, # 40 Exhibit 37)(Related document(s) 30 ) (Warren, Matthew) (Filed on 2/7/2014) Modified on 2/10/2014 (cpS, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Sean Pak (Cal. Bar No. 219032)
2
[e-mail]
Amy H. Candido (Cal. Bar No. 237829)
3
[e-mail]
Matthew S. Warren (Cal. Bar No. 230565)
4
[e-mail]
50 California Street, 22nd Floor
5 San Francisco, California 94111
[phone]
6 [phone] (facsimile)
7 Attorneys for Plaintiff GOOGLE INC.
8

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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12 GOOGLE INC.,

CASE NO. 13-cv-5933-CW

13

DECLARATION OF KRISTIN J.
MADIGAN IN SUPPORT OF GOOGLE
INC.’S OPPOSITION TO DEFENDANTS’
MOTION TO DISMISS OR TRANSFER

14

Plaintiff,
v.

15 ROCKSTAR CONSORTIUM US LP, and
MOBILESTAR TECHNOLOGIES LLC,
16
Defendants.
17

Date:
Time:
Courtroom:
Judge:

March 13, 2014
2:00 p.m.
Courtroom 2, Fourth Floor
Hon. C.J. Claudia Wilken

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01980.00011/5744717.1

CASE NO. 13-CV-5933-CW
MADIGAN DECLARATION IN SUPPORT OF GOOGLE’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS OR TRANSFER

1 I, Kristin J. Madigan, declare under 28 U.S.C. §1746:
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
4 Opposition to Defendants’ Motion to Dismiss or Transfer. I have personal knowledge of the
5 following facts, and would competently testify to them if called upon to do so.
6

2.

Attached hereto as Exhibit 1 is a true and correct copy of Ian Austen, Nortel Seeks

7 Bankruptcy Protection, N.Y. Times, January 14, 2009.
8

3.

Attached hereto as Exhibit 2 is a true and correct copy of Hugo Miller and Andrew

9 Mayeda, Made-in-Canada Solution For BlackBerry Avoids Nortel Fate, Bloomberg, August 13,
10 2013.
11

4.

Attached hereto as Exhibit 3 is a true and correct copy of Nortel Files for

12 Bankruptcy, Silicon Valley Business Journal, January 14, 2009.
13

5.

Attached hereto as Exhibit 4 is a true and correct copy of a Voluntary Petition for

14 Bankruptcy filed in Nortel Networks Inc., et al., No. 09-10138 (D. Del. Jan. 14, 2009) (Dkt. No.
15 1).
16

6.

Attached hereto as Exhibit 5 is a true and correct copy of the Order Authorizing

17 and Approving (A) The Sale of Certain Patent and Related Assets Free And Clear of All Claims
18 and Interests, (B) The Assumption and Assignment of Certain Executory Contracts, (C) The
19 Rejection of Certain Patent Licenses and (D) The License Non-Assignment and Non-Renewal
20 Protections, Nortel Networks Inc., et al., No. 09-10138 (D. Del. July 11, 2011) (Dkt. No. 5935).
21

7.

Attached hereto as Exhibit 6 is a true and correct copy of Debtors’ Motion for

22 Orders (I)(A) Authorizing Debtors’ Entry Into the Stalking Horse Asset Sale Agreement (B)
23 Authorizing and Approving the Bidding Procedures and Bid Protections, (C) Approving the
24 Notice Procedures and the Assumption and Assignment Procedures, (D) Approving the License
25 Rejection Procedures, (E) Approving a Side Agreement, (F) Authorizing the Filing of Certain
26 Documents Under Seal and (G) Setting A Date for the Sale Hearing and (II) Authorizing and
27 Approving (A) The Sale of Certain Patents and Related Assets Free and Clear of All Claims and
28 Interests, (B) The Assumption and Assignment of Certain Executory Contracts, (C) The
01980.00011/5744717.1

CASE NO. 13-CV-5933-CW
-1MADIGAN DECLARATION IN SUPPORT OF GOOGLE’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS OR TRANSFER

1 Rejection of Certain Patent Licenses and (D) The License Non-Assignment and Non-Renewal
2 Protections, Nortel Networks Inc., et al., No. 09-10138 (D. Del. April 4, 2011) (Dkt. No. 5202).
3

8.

Attached hereto as Exhibit 7 is a true and correct copy of Robert McMillan, How

4 Apple and Microsoft Armed 4,000 Patent Warheads, Wired Enterprise, May 21, 2012.
5

9.

Attached hereto as Exhibit 8 is a true and correct copy of the Certificate of Limited

6 Partnership of Rockstar Bidco, LP.
7

10.

Attached hereto as Exhibit 9 is a true and correct copy of a document titled Apple

8 Inc. Form 10-Q Quarterly Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act
9 of 1934 for the quarterly period ended June 25, 2011.
10

11.

Attached hereto as Exhibit 10 is a true and correct copy of an excerpt from the ip-

11 rockstar.com website page titled “Corporate Leaders.”
12

12.

Attached hereto as Exhibit 11 is a true and correct copy of IPBC 2012: Interview

13 With John Veschi (June 26, 2012), available at http://www.ipbusinesscongress.com/2012
14 /audiovideo/VideoDetail.aspx?g=4c4cf910-ec43-4df3-89c9-bdaafe1802b6%20.
15

13.

Attached hereto as Exhibit 12 is a true and correct copy of Joff Wild, Star Man,

16 Intellectual Asset Management, July/August 2013, available at http://www.ip17 rockstar.com/Press_Releases/IAM%20Rockstar%20Article%20JulyAugust%202013.pdf.
18

14.

Attached hereto as Exhibit 13 is a true and correct copy of an excerpt from the ip-

19 rockstar.com website page titled “About Rockstar.”
20

15.

Attached hereto as Exhibit 14 is a true and correct copy of an excerpt from the

21 United States Patent And Trademark Office website (www.uspto.gov/assignments) “Patent
22 Assignment Assignor Details” for Rockstar Bidco, LP.
23

16.

Attached hereto as Exhibit 15 is a true and correct copy of the Certificate of

24 Limited Partnership of Rockstar Consortium US LP.
25

17.

Attached hereto as Exhibit 16 is a true and correct copy of Robert McMillan,

26 Facebook Infringes My Patents Too, Says CEO Who Just Sued Google, Wired Enterprise,
27 November 1, 2013.
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01980.00011/5744717.1

CASE NO. 13-CV-5933-CW
-2MADIGAN DECLARATION IN SUPPORT OF GOOGLE’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS OR TRANSFER

1

18.

Attached hereto as Exhibit 17 is a true and correct copy of Exhibits Q-U to Docket

2 No. 1, Charter Communications v. Rockstar et. al., No. 14-0055 (D. Del. Jan. 17, 2014).
3

19.

Attached hereto as Exhibit 18 is a true and correct copy of an excerpt from the ip-

4 rockstar.com website page titled “Innovation.”
5

20.

Attached hereto as Exhibit 19 is a true and correct copy of website pages from

6 www.LinkedIn.com for thirty-three individuals who include “Rockstar Consortium” as their
7 current employer.
8

21.

Attached hereto as Exhibit 20 is a true and correct copy of the Certificate of

9 Formation of MobileStar Technologies LLC.
10

22.

Attached hereto as Exhibit 21 is a true and correct copy of excerpts from the

11 following websites:
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http://commercial.asus.com

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http://www.htc.com/us

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http://www.huaweideviceusa.com

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http://www.lg.com/us

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http://www.pantechusa.com

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http://www.samsung.com/us

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http://www.zteusa.com

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23.

Attached hereto as Exhibit 22 is a true and correct copy of Joff Wild, Rockstar

20 CEO says he would not bet against further suits to follow those issued last week, IAM Magazine,
21 November 4, 2013, available at http://www.ip-rockstar.com/Press_Releases/First
22 %20enforcement%20actions%20%E2%80%93%20Intellectual%20Asset%20Management.pdf.
23

24.

Attached hereto as Exhibit 23 is a true and correct copy of a website page from

24 www.LinkedIn.com for Michael Dunleavy.
25

25.

Attached hereto as Exhibit 24 is a true and correct copy of Joe Mullen, Patent war

26 goes nuclear: Microsoft, Apple-owned “Rockstar” sues Google, www.Arstechnica.com, October
27 31, 2013.
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01980.00011/5744717.1

CASE NO. 13-CV-5933-CW
-3MADIGAN DECLARATION IN SUPPORT OF GOOGLE’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS OR TRANSFER

1

26.

Attached hereto as Exhibit 25 is a true and correct copy of R.S. Analytics,

2 Apple/Microsoft's ‘Rockstar Consortium’ Attack Google And Android - Who Could Benefit?,
3 Seeking Alpha, November 4, 2013.
4

27.

Attached hereto as Exhibit 26 is a true and correct copy of Ashby Jones, Patent

5 Wars Erupt Again in Tech Sector, The Wall Street Journal, November 3, 2013.
6

28.

Attached hereto as Exhibit 27 is a true and correct copy of an excerpt from the

7 California Secretary of State website (www.sos.ca.gov) “Business Entity Detail” for Nortel
8 Networks Data Networking Association.
9

29.

Attached hereto as Exhibit 28 is a true and correct copy of Rockstar Summer 2012

10 Sales Prospects Selected Asset Catalogue available at www.ip-rockstar.com/patent-sales.
11

30.

Attached hereto as Exhibit 29 is a true and correct copy of a July 29, 2013 press

12 release, Spherix Closes Rockstar Patent Acquisition Transaction And Enhances Its Patent
13 Portfolio in Wireless Communications and Telecommunications Sectors- Rockstar Acquires
14 Equity Stake in Spherix-Venture to be Headed by Seasoned Monetization Executive, available at
15 www.ip-rockstar.com/about.
16

31.

Attached hereto as Exhibit 30 is a true and correct copy of Bloomberg TV: Apple

17 & Microsoft Team Up to Be Patent Rockstars (January 6, 2014), available at
18 http://www.bloomberg.com/video/apple-microsoft-team-up-to-be-patent-rockstars19 3L5OUxO4Qmae5Zudy3t_lw.html.
20

32.

Attached hereto as Exhibit 31 is a true and correct copy of an excerpt from Walter

21 Isaacson, Steve Jobs, 512 (Simon & Schuster 2011).
22

33.

Attached hereto as Exhibit 32 is a true and correct copy of the Certificate of

23 Formation of Rockstar Consortium LLC.
24

34.

Attached hereto as Exhibit 33 is a true and correct copy of a website page from

25 www.LinkedIn.com for Andrew Hennigar.
26

35.

Attached hereto as Exhibit 34 is a true and correct copy of a website page

27 www.newsroom.fb.com/Key-Facts.
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01980.00011/5744717.1

CASE NO. 13-CV-5933-CW
-4MADIGAN DECLARATION IN SUPPORT OF GOOGLE’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS OR TRANSFER

1

36.

Attached hereto as Exhibit 35 is a true and correct copy of a website page

2 www.linkedin.com/company/linkedin.
3

37.

Attached hereto as Exhibit 36 is a true and correct copy of a website page from

4 www.LinkedIn.com for Mark Wilson, as accessed on December 19, 2013.
5

38.

Attached hereto as Exhibit 37 is a true and correct copy of a website page from

6 www.LinkedIn.com for Mark Wilson.
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I declare under penalty of perjury that the foregoing is true and correct. Executed on

8 February 6, 2014, in San Francisco, California.
9

By /s Kristin J. Madigan
Kristin J. Madigan

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ATTESTATION
I, Matthew S. Warren, am the ECF user whose userid and password authorized the filing

15 of this document. Under Civil L.R. 5-1(i)(3), I attest that Kristin J. Madigan has concurred in
16 this filing.
17 DATED: February 6, 2014
18

/s Matthew S. Warren
Matthew S. Warren

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01980.00011/5744717.1

CASE NO. 13-CV-5933-CW
-5MADIGAN DECLARATION IN SUPPORT OF GOOGLE’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS OR TRANSFER