Google Inc. v. Rockstar Consortium US LP et al

Filing 46

NOTICE by Google Inc. Notice of Filing of Motion to Stay or, In the Alternative, to Transfer to the Northern District of California (Attachments: # 1 Exhibit A, # 2 Exhibit B - Part 1, # 3 Exhibit B - Part 2, # 4 Exhibit B - Part 3, # 5 Exhibit B - Part 4, # 6 Exhibit B - Part 5, # 7 Exhibit B - Part 6, # 8 Exhibit B - Part 7, # 9 Exhibit B - Part 8, # 10 Exhibit C, # 11 Exhibit D, # 12 Exhibit E, # 13 Exhibit F)(Warren, Matthew) (Filed on 3/21/2014)

EXHIBIT B

Case 2:13-cv-00900-JRG Document 52-1 Filed 03/21/14 Page 1 of 6 PageID #: 1795

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

ROCKSTAR CONSORTIUM US LP AND
MOBILESTAR TECHNOLOGIES, LLC
Plaintiffs,
v.
SAMSUNG ELECTRONICS CO., LTD.,
SAMSUNG ELECTRONICS AMERICA, INC.,
SAMSUNG TELECOMMUNICATIONS
AMERICA, LLC, GOOGLE INC.,
Defendants.

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Civil Action No. 13-cv-0900-JRG
JURY TRIAL DEMANDED

DECLARATION OF KRISTIN J. MADIGAN
IN SUPPORT OF DEFENDANTS’ MOTION TO STAY OR, IN THE ALTERNATIVE,
TO TRANSFER TO THE NORTHERN DISTRICT OF CALIFORNIA

Case 2:13-cv-00900-JRG Document 52-1 Filed 03/21/14 Page 2 of 6 PageID #: 1796

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

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

defendants. I submit this declaration in support of Defendants’ Motion To Stay Or, In The
Alternative, To Transfer To The Northern District Of California. I have personal knowledge of
the following facts, and would competently testify to them if called upon to do so.
2.

Attached hereto as Exhibit 1 is a true and correct copy of Robert McMillan, How

Apple and Microsoft Armed 4,000 Patent Warheads, Wired Enterprise, May 21, 2012.
3.

Attached hereto as Exhibit 2 is a true and correct copy of Joff Wild, Rockstar

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

Attached hereto as Exhibit 3 is a true and correct copy of the Order Authorizing

and Approving (A) The Sale of Certain Patent and Related Assets Free And Clear of All Claims
and Interests, (B) The Assumption and Assignment of Certain Executory Contracts, (C) The
Rejection of Certain Patent Licenses and (D) The License Non-Assignment and Non-Renewal
Protections, In re Nortel Networks Inc., et al., No. 09-10138 (D. Del. July 11, 2011), Docket. No.
5935.
5.

Attached hereto as Exhibit 4 is a true and correct copy of a document titled Apple

Inc. Form 10-Q Quarterly Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act
of 1934 for the quarterly period ended June 25, 2011.
6.

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

Limited Partnership of Rockstar Bidco, LP.

01980.00011/5808453.3

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Case 2:13-cv-00900-JRG Document 52-1 Filed 03/21/14 Page 3 of 6 PageID #: 1797

7.

Attached hereto as Exhibit 6 is a true and correct copy of the Certificate of

Formation of Rockstar Consortium LLC.
8.

Attached hereto as Exhibit 7 is a true and correct copy of the Certificate of

Limited Partnership of Rockstar Consortium US LP.
9.

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

Formation of MobileStar Technologies LLC.
10.

Attached hereto as Exhibit 9 is a true and correct copy of Robert McMillan,

Facebook Infringes My Patents Too, Says CEO Who Just Sued Google, Wired Enterprise,
November 1, 2013.
11.

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

rockstar.com website page titled “About Rockstar.”
12.

Attached hereto as Exhibit 11 is a true and correct copy of an excerpt from the ip-

rockstar.com website page titled “Innovation.”
13.

Attached hereto as Exhibit 12 is a true and correct copy of patent assignment

record Reel No. 031523, Frame No. 0182-90, from the United States Patent And Trademark
Office.
14.

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

rockstar.com website page titled “Grow together through innovation.”
15.

Attached hereto as Exhibit 14 is a true and correct copy of a website page from

www.LinkedIn.com for “Rockstar Consortium.”
16.

Attached hereto as Exhibit 15 is a true and correct copy of website pages from

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

01980.00011/5808453.3

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Case 2:13-cv-00900-JRG Document 52-1 Filed 03/21/14 Page 4 of 6 PageID #: 1798

17.

Attached hereto as Exhibit 16 is a true and correct copy of Joff Wild, Star Man,

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

Attached hereto as Exhibit 17 is a true and correct copy of a website page from

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

Attached hereto as Exhibit 18 is a true and correct copy of a website page from

www.LinkedIn.com for Mark Wilson.
20.

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

www.LinkedIn.com for Michael Dunleavy.
21.

Attached hereto as Exhibit 20 is a true and correct copy of an excerpt from the ip-

rockstar.com website page titled “Corporate Leaders.”
22.

Attached hereto as Exhibit 21 is a true and correct copy of Exhibits Q-U to

Docket No. 1, Charter Communications v. Rockstar et. al., No. 14-0055 (D. Del. Jan. 17, 2014).
23.

Attached hereto as Exhibit 22 is a true and correct copy of a website page from

www.LinkedIn.com for Don Lindsay.
24.

Attached hereto as Exhibit 23 is a true and correct copy of excerpts from the

following websites:
www.finnegan.com
www.fisherbroyles.com
www.foley.com
www.harrityllp.com
www.massbbo.org

01980.00011/5808453.3

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25.

Attached hereto as Exhibit 24 is a true and correct copy of Joff Wild, Rockstar

getting ready to roll . . ., Intellectual Asset Management, February 19, 2012.
26.

Attached hereto as Exhibit 25 is a true and correct copy of a website page from

www.LinkedIn.com for Chris Cianciolo.
27.

Attached hereto as Exhibit 26 is a true and correct copy of a table from

www.uscourts.gov titled “U.S. District Courts—Median Time Intervals From Filing to
Disposition of Civil Cases Terminated, by District and Method of Disposition, During the 12Month Period Ending June 30, 2013.”
I declare under penalty of perjury that the foregoing is true and correct. Executed on
March 21, 2014, at San Francisco, California.
/s/ Kristin J. Madigan
Kristin J. Madigan

01980.00011/5808453.3

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Case 2:13-cv-00900-JRG Document 52-1 Filed 03/21/14 Page 6 of 6 PageID #: 1800

CERTIFICATE OF SERVICE
I hereby certify that all counsel of record have consented to electronic service and are
being served with a copy of this document via the Court’s CM/ECF system per Local Rule CV5(a)(3) on March 21, 2014.
/s/ J. Mark Mann
J. Mark Mann

01980.00011/5808453.3

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