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)

Case 2:13-cv-00900-JRG Document 52-10 Filed 03/21/14 Page 1 of 8 PageID #: 1918

EXHIBIT 9

http://www.wired.com/wiredenterprise/2013/11/veschi/

Case 2:13-cv-00900-JRG Document 52-10 Filed 03/21/14 Page 2 of 8 PageID #: 1919
Rockstar — the closely watched consortium that sued Google, Samsung, and six other handset makers
on Thursday — says that another big-name company is infringing its vast patent portfolio: Facebook.
Enterprise
IT Happens

Expand/Collapse
Mobile
Bitcoin
Cloud
Data Centers
History
Microchips
Networks
Out in the Open
Research
Security
Servers
Software
Storage
Tech Law
Tech Time Warp of the Week
Software
Mobile Computing
Patents
Share on Facebook
98 shares
Tweet

208

Share
Share

23

Facebook Infringes My Patents Too, Says
CEO Who Just Sued Google
By Robert McMillan
11.01.13
7:54 PM
Follow @bobmcmillan

1

http://www.wired.com/wiredenterprise/2013/11/veschi/

Case 2:13-cv-00900-JRG Document 52-10 Filed 03/21/14 Page 3 of 8 PageID #: 1920

Inside the reverse-engineering lab at Rockstar, Scott Widdowson is looking for products that
infringe on the company’s 4,000 patents. Photo: Rockstar
Rockstar — the closely watched consortium that sued Google, Samsung, and six other handset
makers on Thursday — says that another big-name company is infringing its vast patent portfolio:
Facebook.
Rockstar CEO John Veschi doesn’t want to get into the details, but he believes his company’s 4,000patents — which it inherited after Apple, Microsoft, Blackberry, Sony, and Ericsson purchased the
majority of patents owned by the imploded Canadian telecom giant, Nortel — cover, or “read on,”
the kind of social network operated by Facebook.
“I’m definitely aware of many that ‘read on’ features that are in any social network, whether it’s
Facebook LinkedIn or any other thing like that,” he says. Though he declined to say more, Veschi
has said in the past that his patent portfolio is so great that it’s hard to imagine any high-tech
companies that don’t use techniques covered by the Nortel patents.
Rockstar had been negotiating with technology companies for more than a year and a half, trying to
get outfits such as Google to license its portfolio of more than 4,000 patents, which cover a wide
range of areas. The company has been trying to cut intellectual property licensing deals across six
broad sectors — including social media. And while Rockstar has sealed a “fairly small number” of
deals to date, it’s been a difficult business.

2

http://www.wired.com/wiredenterprise/2013/11/veschi/

Case 2:13-cv-00900-JRG Document 52-10 Filed 03/21/14 Page 4 of 8 PageID #: 1921

After surviving the Nortel meltdown, Rockstar CEO John Veschi now controls 4,000 patents related
to mobile devices and computer networks. Photo: Dan Krauss/WIRED
That’s what’s forcing the lawsuits, the first of which were filed on Thursday in federal court in Texas.
“We’ve gotten to a point with many of them where they even say to us: ‘Look, you need to sue us. I
can’t really get the attention of management because we have other people who have sued us. And if
you don’t sue us, you haven’t basically put the table stakes down to get to the big table.’”
Veschi says that, although Rockstar sued Google (over search technology patents) and seven of
Google’s Android partners on Thursday, that it is incorrect to see Rockstar as a proxy agent for
Apple, Microsoft, and Blackberry — all of whom are part-owners of Rockstar with seats on its board
of directors. “It was basically all my decision-making,” he says. “I think it’s important for people to
realize that my shareholders had nothing to do with this.”
Veschi, like many of Rockstar’s employees is an ex-Nortel worker. He was hired by the
telecommunications giant in 2008 to find patent licensing revenue — something Nortel hadn’t ever
done effectively. He says that Nortel that the search and mobile phone lawsuits that were filed
yesterday can be traced back to the first work he did at Nortel five years ago. “Mobile and the
internet search are in some ways the most ripe because they were actually the two franchises I built
first when I joined Nortel in 2008.”
Rockstar revealed yesterday that it has set up subsidiaries to manage its patent licensing activities in
mobile and search. The company is also dividing up its patents to include licensing for
telecommunication services providers, networking equipment, enterprise technology and social
networking, Veschi says.
From Veschi’s perspective, Rockstar is simply seeking the revenue that Nortel had coming to it for
its pioneering work in telecommunications. Not surprisingly, the Electronic Frontier Foundation,
which has long fought against such patent suits, sees things differently. “The marketplace is where
this entire fight should be taking place,” says Julie Samuels, senior staff attorney with the EFF.
3

http://www.wired.com/wiredenterprise/2013/11/veschi/

Case 2:13-cv-00900-JRG Document 52-10 Filed 03/21/14 Page 5 of 8 PageID #: 1922
“Nortel made its money off its products. Now people are trying to squeeze water form the rock that
was Nortel. In any rational economic system there would be no there there, but because of our
messed-up patent system, they’re able to do that.”

Robert McMillan is a writer with Wired Enterprise. Got a tip? Send him an email at:
robert_mcmillan [at] wired.com.
Read more by Robert McMillan
Follow @bobmcmillan on Twitter.

4

http://www.wired.com/wiredenterprise/2013/11/veschi/

Case 2:13-cv-00900-JRG Document 52-10 Filed 03/21/14 Page 6 of 8 PageID #: 1923

Tags: Apple, Google, lawsuits, mobile, Patents, Rockstar
Post Comment | 34 Comments | Permalink
Back to top
Share on Facebook
98 shares
Tweet

208

Reddit Digg Stumble Upon Email

5

http://www.wired.com/wiredenterprise/2013/11/veschi/

Case 2:13-cv-00900-JRG Document 52-10 Filed 03/21/14 Page 7 of 8 PageID #: 1924
Comments for this thread are now closed.

34 Comments

Allen Bryce

•

The original point of patents is to encorrage companies to do more, they are increasingly being
used as a weapon to harm the industry and make some money in the process. It's past time the
system was reviewed.
•

Lefty

•

They do not harm the industry ! If you invent something let`s use Tesla for example what
did he come up with ? Then got screwed died alone in a hotel room and who got the credit
? Cash makes the world go round and in a land were you can sue for a ham sandwich
who is at fault now the patent office or the courts.
•

MW

•

Tesla's situation does not describe the patent environment in the 21st century. That
was around 100 years ago.
•

NooYawker

•

We're not talking major breakthroughs here. The bulk of these patents are so small
and insignificant yet somehow gets patented, it inhibits everyone. Slide to unlock is
not a breakthrough, it's not inventive, and it should never have gotten patented. I'm
sure 99.9% of these patents are of the same nature.
•

IP what

•

"to encorrage companies to do more"
Well sure, but do what? Today, most pro-patent people have given up or downplay the
argument that patents are needed to incentivize invention (excepting perhaps
pharmaceuticals). The much stronger argument is that patents play an important role in
getting the inventor to disclose what they've done - discouraging trade secrets and black
boxes.
In my opinion, the biggest problem with Myriad, the case that holds you can't patent
genes, is that genetic medicine companies are simply not going to tell you what genes
they've identified as predictive of disease. Before Myriad, if you were a genetics lab, you
could say to the world - hey, this chunk of DNA indicates a propensity for breast cancer,
without worrying that every university lab in the country would start testing destroying any
6

http://www.wired.com/wiredenterprise/2013/11/veschi/

Case 2:13-cv-00900-JRG Document 52-10 Filed 03/21/14 Page 8 of 8 PageID #: 1925
Previous Article

Apple and Microsoft's Patent Troll Sues Google Over Android

Next Article

Out in the Open: Square Helps Coders Export Software to Foreign Lands

7

Case 2:13-cv-00900-JRG Document 52-11 Filed 03/21/14 Page 1 of 2 PageID #: 1926

EXHIBIT 10

Case 2:13-cv-00900-JRG Document 52-11 Filed 03/21/14 Page 2 of 2 PageID #: 1927

Case 2:13-cv-00900-JRG Document 52-12 Filed 03/21/14 Page 1 of 4 PageID #: 1928

EXHIBIT 11

Case 2:13-cv-00900-JRG Document 52-12 Filed 03/21/14 Page 2 of 4 PageID #: 1929

Rockstar
Home
About
Innovation
Privacy Policy
Sales
People
LinkedIn

Contact
Canada
515 Legget Drive, Suite 300
Ottawa, Ontario
K2K 3G4
613-576-1000
US
Legacy Town Center 1
7160 North Dallas Parkway
Suite No. 250
Plano, TX 75024
[e-mail]

Let innovation thrive
Rockstar is deeply committed to advancing innovation worldwide through its
patent licensing program. Intellectual property is a strategic asset. Acquisition of
such an asset from Rockstar through a license or purchase can provide significant
strategic value to our partners and customers. Our licensees gain access to the

Case 2:13-cv-00900-JRG Document 52-12 Filed 03/21/14 Page 3 of 4 PageID #: 1930

immense power and know-how of the patented technologies in Rockstar’s
portfolio, in addition to gaining freedom of design, improving time-to-market
product development and delivering better end-customer satisfaction.

Protect when necessary
Licensing is always the preferred route at Rockstar. However, with a portfolio that
is widely regarded by peers and analysts as one of the most significant, highquality collections in the technology industry today, Rockstar is committed to
protecting its intellectual property where necessary.

When patent infringement occurs
Today, a vast number of companies in the marketplace are using technology
products or processes built directly from patents in Rockstar’s portfolio. When
patent infringement occurs, there is typically one of two consequences: either the
infringing businesses obtain the legal right to use that technology via a patent
license, or the parties pursue the case through litigation—a step that can be costly
and time consuming for both parties.

How evidence of patent infringement is collected
While Rockstar prefers to help innovation in the marketplace grow through the
licensing route, we also aggressively pursue those who refuse to respect and
compensate patent holders. Evidence of patent infringement is collected and
analyzed by Rockstar at our in-house labs. Rockstar engineers—many of whom are
patent holders themselves—conduct extensive reverse engineering on products that
are suspected of patent infringement. When evidence of use is established, a claim
report is created and an infringing company is contacted to discuss next steps.

Case 2:13-cv-00900-JRG Document 52-12 Filed 03/21/14 Page 4 of 4 PageID #: 1931

Find out more about patent licensing and sales
At Rockstar, licensing and sales are the preferred way of bringing innovation to
the market. For authorized representatives of firms who develop technology-based
products and processes, contact our Sales Department today for more information
on patent sales and licensing options for your firm.
Rockstar | Patent licensing and patent sales
Home
About
Innovation
Privacy Policy
Sales
People
LinkedIn

Case 2:13-cv-00900-JRG Document 52-13 Filed 03/21/14 Page 1 of 10 PageID #: 1932

EXHIBIT 12

Case 2:13-cv-00900-JRG Document 52-13 Filed 03/21/14 Page 2 of 10 PageID #: 1933

Case 2:13-cv-00900-JRG Document 52-13 Filed 03/21/14 Page 3 of 10 PageID #: 1934

Case 2:13-cv-00900-JRG Document 52-13 Filed 03/21/14 Page 4 of 10 PageID #: 1935

Case 2:13-cv-00900-JRG Document 52-13 Filed 03/21/14 Page 5 of 10 PageID #: 1936

Case 2:13-cv-00900-JRG Document 52-13 Filed 03/21/14 Page 6 of 10 PageID #: 1937

Case 2:13-cv-00900-JRG Document 52-13 Filed 03/21/14 Page 7 of 10 PageID #: 1938

Case 2:13-cv-00900-JRG Document 52-13 Filed 03/21/14 Page 8 of 10 PageID #: 1939

Case 2:13-cv-00900-JRG Document 52-13 Filed 03/21/14 Page 9 of 10 PageID #: 1940

Case 2:13-cv-00900-JRG Document 52-13 Filed 03/21/14 Page 10 of 10 PageID #: 1941

Case 2:13-cv-00900-JRG Document 52-14 Filed 03/21/14 Page 1 of 2 PageID #: 1942

EXHIBIT 13

Case 2:13-cv-00900-JRG Document 52-14 Filed 03/21/14 Page 2 of 2 PageID #: 1943

Case 2:13-cv-00900-JRG Document 52-15 Filed 03/21/14 Page 1 of 2 PageID #: 1944

EXHIBIT 14

https://www.linkedin.com/company/rockstar-consortium

Case 2:13-cv-00900-JRG Document 52-15 Filed 03/21/14 Page 2 of 2 PageID #: 1945
Join Today · Sign In

Join LinkedIn and see how you are connected to Rockstar Consortium.
It's free.

Join LinkedIn

Already a member?
Sign in »

Get access to insightful information about your network at thousands of companies!

Rockstar Consortium
Overview

Careers

Rockstar is an intellectual property (IP) licensing company. We celebrate the
value and power of innovation: the ideas that fuel a better way of doing things.
Based on Nortel Networks’ groundbreaking innovation engine, Rockstar
manages a highly valued patent portfolio relevant to all telecom and high tech
services and devices. We count among our most valuable assets a
professional staff of technology industry veterans—many of whom were part of
Nortel’s innovation engine, and are inventors and patent holders themselves.

Ads By LinkedIn Members
Diverse Suppliers Wanted
Hundreds of Buyers are Looking for
Diverse Suppliers Like You! Connect
Now!
Learn More »

less

Secure File Transfer?
Simple, managed file transfers with
extensive IT control. Learn more.

Learn More »

Type
Privately Held
Company Size
11-50 employees
Website
http://www.ip-rockstar.com
Industry
Telecommunications
Founded
2011
Headquarters
515 Legget Drive, Suite 300
Ottawa, Ontario K2K 3G4
CANADA

This LinkedIn Company Profile was created by LinkedIn and is about Rockstar Consortium. This page is not endorsed by or affiliated with Rockstar Consortium. For questions regarding LinkedIn
Company Profiles contact us.

LinkedIn company directory: a b c d e f g h i j k l m n o p q r s t u v w x y z more

By using this site, you agree to LinkedIn's terms of use. Commercial use of this site without express authorization is prohibited.

1

Browse companies