Google Inc. v. Rockstar Consortium US LP et al

Filing 48

NOTICE by Google Inc. Notice of Filing of Motions 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 B - Part 9, # 11 Exhibit C, # 12 Exhibit D, # 13 Exhibit E, # 14 Exhibit F, # 15 Exhibit G, # 16 Exhibit H, # 17 Exhibit I)(Warren, Matthew) (Filed on 3/25/2014)

EXHIBIT B

Case 2:13-cv-00894-JRG Document 41-1 Filed 03/25/14 Page 1 of 2 PageID #: 236

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

ROCKSTAR CONSORTIUM US LP,
AND MOBILESTAR TECHNOLOGIES
LLC,

Civil Action No. 2:13-cv-894

Plaintiffs,
vs.
ASUSTEK COMPUTER, INC. AND
ASUS COMPUTER INTERNATIONAL,
Defendants.

DECLARATION OF HAROLD H. DAVIS IN SUPPORT OF ASUSTEK COMPUTER
INC. AND ASUS COMPUTER INTERNATIONAL’S
MOTION TO TRANSFER, OR IN THE ALTERNATIVE, TO STAY
I, Harold Davis, declare as follows:
1.

I am a partner at K&L Gates LLP. I submit this declaration in support of

Defendants’ Motion to Transfer, or in the Alternative to Stay. I have personal knowledge as to
the facts set forth in this Declaration, and would competently testify to them if called upon to do
so.
2.

Attached as Exhibit 1 to this declaration is a true and correct copy of the Seventy-

First Report of the Monitor Dated July 6, 2011 filed in the Ontario Superior Court of Justice in
the Bankruptcy matter of Nortel, Court File No. 09-CL-7950.
3.

Attached as Exhibit 2 to this declaration is a true and correct copy of the

Declaration of Kristin J. Madigan in support of (Google and Samsung) Defendants’ Motion to
Stay or, in the alternative, to transfer to the Northern District of California, filed on March 21,

Case 2:13-cv-00894-JRG Document 41-1 Filed 03/25/14 Page 2 of 2 PageID #: 237

2014 in case number 2:13-cv-00900-JRG (E.D. Tex), Dkt. No. 52-1, as well as the exhibits cited
in that declaration.
4.

Attached as Exhibit 3 to this declaration is a true and correct copy of a record

from the Delaware Department of State, Division of Corporations, showing Rockstar Bidco GP
LLC’s incorporation in Delaware as of June 7, 2011.
5.

Attached as Exhibit 4 to this declaration is a true and correct copy of the Texas

Office of the Comptroller Franchise Tax Account Status record, as of March 25, 2014, showing
Rockstar Consortium US LP’s mailing address as 515 Legget Dr., Suite 300, Ottawa, Ontario,
Canada.
6.

Attached as Exhibit 5 to this declaration is a true and correct copy of a

correspondence from Rockstar Consortium Inc. and Rockstar Consortium US LP showing an
Ontario, Canada address and Canadian contact numbers. Also included in Exhibit 5 is a press
release that was included in the original correspondence.
7.

Attached as Exhibit 6 to this declaration is a true and correct copy of a website

page from Weil Gotshal’s website showing Mr. Kyle Krpata’s connection with Apple’s purchase
of the Nortel patent portfolio.

I declare under penalty of perjury, under the laws of the United States of America, that
the foregoing is true and correct. Executed on March 25, 2014, at San Francisco, California.

___/s/ Harold H. Davis______________________
Harold H. Davis