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).

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EXHIBIT 1 HOME PAGE TODAY'S PAPER VIDEO MOST POPULAR Subscribe Now TIMES TOPICS Subscribe Log In Search All NYTimes.com Companies W ORLD U.S. N.Y . / REGION Search Technology BUSINESS T ECHNOLOGY SCIENCE HEA LT H SPORT S OPINION Inside Technology Internet Start-Ups Business Com puting Com panies OTTAWA — Nortel Networks, the Canadian telecom equipment maker, filed for bankruptcy protection from creditors Wednesday but analysts said its troubles might be too severe for it to recover and survive. A RT S ST Y LE T RA V EL Bits Personal Tech » Blog » Cellphones, Cam eras, Nortel Seeks Bankruptcy Protection By IAN AUSTEN Published: January 14, 2009 Register Now JOBS REAL ESTATE AUTOS Com puters and m ore More Articles in Technology » TWITTER LINKEDIN SIGN IN TO EMAIL PRINT REPRINTS Unlike other companies, notably airlines, that have used bankruptcy protection to renew their businesses, Nortel, which began this decade as one of the world’s largest makers of telecommunications equipment, is probably headed for liquidation, several analysts said. SHARE “I don’t think it’s going to exist,” said Mark Sue, an analyst with RBC Capital Markets, a unit of the Royal Bank of Canada. Subscribe to Technology RSS Feeds If Mr. Sue and others are correct, the end of Nortel would be one of largest failures in the telecommunications equipment business. During the 1990s, Nortel designed and built much of the fiber optic equipment that now carries most of the Internet’s data. Along with the company now known as Alcatel Lucent, it computerized the operation of telephone networks during the 1980s. Nortel pioneered the development of equipment and software that brought the world wireless phone networks. Nortel’s demise would also be among the biggest business failures in Canadian history. During the zenith of the technology boom, Nortel’s market value accounted for about a third of all equity traded on the Toronto Stock Exchange. Nortel’s shares peaked at 124.50 Canadian dollars in July 2000 in trading on the Toronto Stock Exchange. On Wednesday, Nortel closed at a market price of 12 Canadian cents, or 1.2 cents after adjusting for a stock consolidation. While the current economic slump contributed to Nortel’s decision to file for protection in both Delaware and its hometown, Toronto, the company’s problems began in 2001, when it was hit by the technology stock price collapse and became mired in an accounting scandal that led to criminal charges against three of its former executives. Nortel’s woes went beyond finances. In the market for Internet-related equipment, Cisco Systems and others proved to be more innovative and successful. The bankruptcy filing was unanimously approved by Nortel’s board at a meeting in Toronto on Tuesday night. It appears to be an attempt to avoid $107 million in interest payments that are due on Thursday. While the company has about $2.4 billion in cash, that is rapidly depleting. “Nortel must be put on a sound financial footing once and for all,” the president and chief executive, Mike S. Zafirovski, said in a statement. “These actions are imperative so that Technology New s Internet Business Computing Start-Ups Companies Bits Blog Personal Tech Pogue’s Posts MOST POPULAR - TECHNOLOGY EMAILED BLOGGED VIEWED 1 . Fast Internet Is Chattanoogaâ€™s New Locom otiv e 2 . Microsoft Nam es New Chief; Gates Becom es Adv iser 3 . Building a Better Battery 4 . With New App, Facebook Aim s to Make Its Usersâ €™ Feeds Newsier 5. Bits: For a Select Few, the Transform ativ e Power of FacebookÂ â€”Â for Better or Worse 6 . Bits: Disruptions: Pay ing to Trav el in the Internet's Fast Lanes 7 . Bits: Tech's Div ersity Problem Is Apparent as Early as High School 8. Bits: AT&T Sweetens Offer for Fam ily Plans 9 . Technophoria: When No One Is Just a Face in the Crowd 1 0. Bits: Bitcoin and the Fictions of Money Go to Complete List Â» Nortel can build on its core strengths and become the highly focused and financially sound leader in the communications industry.” Without offering details, Mr. Zafirovski, a former senior executive at Motorola, promised yet another revamp of Nortel. Since the beginning of the decade, Nortel has started a series of overhauls that have included 16 rounds of layoffs. But Paul Holman, the managing director of the debt rating agency DBRS, said that the uncertainty created by the bankruptcy filing creates a new problem for Nortel. “Customers will be concerned about how long they are going to be around,” he said. Mr. Sue added that Nortel’s competitors will try to exploit that unease by offering Nortel customers enticing deals to switch systems. Watch Now: Philip Seymour Hoffman's many roles ALSO IN VIDEO » Watch: New Orleans dining Watch: The truly affordable New York apartment It is also unclear if Nortel will be able to sell any of its operating units to raise cash for a corporate revival. In September, Nortel announced plans to sell a business unit that makes Internet-related and fiber optic equipment. While many analysts viewed it as a strong asset, Nortel has not found a buyer. Nortel announced a third-quarter loss of $3.4 billion in November, much of that related to write-downs in the value of several operations. Nortel’s $4.5 billion in debt is largely from the result of an acquisition spree by the company during the 1990s. The government of Canada offered Nortel some support. Export Development Canada, a government-owned bank and insurer, has agreed to provide the company with up to $30 million in loans for the next 30 days. A version of this article appeared in print on January 15, 2009, on page B2 of the New York edition. More Articles in Technology » SIGN IN TO EMAIL PRINT REPRINTS Get 50% Off The New York Times & Free All Digital Access. Ads by Google Brain Training Games Train memory and attention with scientific brain games. www.lumosity.com Related Articles FROM THE NEW YORK TIMES Vonage and Nortel End Skirm ish Ov er Patents (January 1, 2008) Technology Briefing | Telecom m unications: Nortel Shares Surge On Verizon Venture (January 8, 2004) Nortel Agrees to Buy Alteon For $7 .8 Billion in Stock (July 29, 2000) Nortel-Hewlett Venture (June 20, 2000) INSIDE NY TIMES.COM what's this? Ads by Google Scottrade® Official Site $7 Online Trades. Clear Pricing, Simple Acct Opening, Free Support. www.scottrade.com Are You Writing a Book? Get a free guide to professional editing & publishing options. www.iuniverse.com iPhone 5s 32 GB Sale Up To 60% Off On iPhone 5s 32 GB Find Today's Best Prices and Save! shopcompare.net/iPhone-5s-32-GB what's this? THEATER » BOOKS » OPINION » U.S. » OPINION » Op-Ed: Don’t Let Putin Grab Ukraine Carly Rae Jepsen Takes a ‘Cinderella’ Risk Home World U.S. Russia’s dream of a Eurasian Union, with a puppet regime in Ukraine, will lead to more violence. For a Frenchm an, Pursuit Was Real N.Y. / Region Business Copyright 2009 The New York Times Company Technology Privacy Policy Science Health Terms of Service HEALTH » Editorial: A Chill on Speech While Asking for Help, Detroit Sells a Com eback Sports Search Opinion Corrections Arts Style RSS A New York State bill in response to a resolution to boycott Israeli academic institutions would trample on academic freedoms and Weighing Testosterone’s free speech. 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