Google Inc. v. Rockstar Consortium US LP et al

Filing 51

NOTICE by Google Inc. Notice of Filing of Motion to Stay or, Alternatively, 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 B - Part 10, # 12 Exhibit C)(Warren, Matthew) (Filed on 3/28/2014)

EXHIBIT B

Case 2:13-cv-00901-JRG Document 44-1 Filed 03/28/14 Page 1 of 3 PageID #: 365

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
ROCKSTAR CONSORTIUM US LP,
AND MOBILESTAR TECHNOLOGIES LLC
Plaintiffs,
Civil Action No. 2:13-cv-901-JRG
v.
ZTE CORPORATION, ZTE (USA) INC., AND
ZTE SOLUTIONS, INC.
Defendants.

DECLARATION OF ANUP M. SHAH IN SUPPORT OF
ZTE (USA) INC.’s MOTION TO STAY OR, ALTERNATIVELY,
TO TRANSFER TO THE NORTHERN DISTRICT OF CALIFORNIA
I, Anup M. Shah, declare as follows:
1.

I am an attorney at King & Spalding LLP and counsel for Defendant ZTE (USA)

Inc. I submit this declaration in support of ZTE (USA) Inc.’s Motion to Stay or, Alternatively, to
Transfer to the Northern District of California. I have personal knowledge of the factual matters
stated below and would testify that they are true 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, dated May 21, 2012 and
available at: http://www.wired.com/wiredenterprise/2012/05/rockstar/all/ (last accessed on Mar.
28, 2014).
3.

Attached hereto as Exhibit 2 is a true and correct copy of Rockstar CEO says he

would not bet against further suits to follow those issued last week, IAM Magazine, dated
November 4, 2013, and available at: http://www.ip-rockstar.com/Press_Releases/First%20

Case 2:13-cv-00901-JRG Document 44-1 Filed 03/28/14 Page 2 of 3 PageID #: 366

enforcement%20actions%20%E2%80%93%20Intellectual%20Asset%20Management.pdf (last
accessed on Mar. 28, 2014).
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 (Bankr. D. Del. July 11, 2011), Dkt.
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 Robert McMillan,

Facebook Infringes My Patents Too, Says CEO Who Just Sued Google, Wired Enterprise, dated
November 1, 2013, and available at: http://www.wired.com/wiredenterprise/2013/11/veschi/ (last
accessed on Mar. 28, 2014).
7.

Attached hereto as Exhibit 6 is a true and correct copy of an excerpt from the

webpage located at www.ip-rockstar.com/about (last accessed on Mar. 28, 2014).
8.

Attached hereto as Exhibit 7 is a true and correct copy of an excerpt from the

webpage located at www.ip-rockstar.com/innovation (last accessed on Mar. 28, 2014).
9.

Attached hereto as Exhibit 8 are true and correct copies of Plaintiffs’ Disclosure

of Asserted Claims and Infringement Contentions (redacted), and excerpts from Plaintiffs’ claim
charts for U.S. Patent Nos. 6,333,973; 6,937,572; and 6,037,937, served on March 24, 2014.

Case 2:13-cv-00901-JRG Document 44-1 Filed 03/28/14 Page 3 of 3 PageID #: 367

10.

Attached hereto as Exhibit 9 is a true and correct copy of an excerpt from the

webpage located at www.ip-rockstar.com (last accessed on Mar. 28, 2014).
11.

Attached hereto as Exhibit 10 is a true and correct copy of a webpage from

www.LinkedIn.com/rockstar-consortium (last accessed on Mar. 28, 2014).
12.

Attached hereto as Exhibit 11 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 (last
accessed on Mar. 28, 2014).
13.

Attached hereto as Exhibit 12 is a true and correct copy of an excerpt from the

webpage located at www.ip-rockstar.com/people/corporate-leaders (last accessed on Mar. 28,
2014).
14.

Attached hereto as Exhibit 13 are true and correct copies of Exhibits Q-U to

Docket No. 1, Charter Communications v. Rockstar et. al., No. 14-0055 (D. Del. Jan. 17, 2014).
15.

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

webpage located at http://www.ztedevices.com/product/smart_phone/index_1.html (last accessed
on Mar. 28, 2014).
I declare under penalty of perjury of the laws of the United States that the foregoing is
true and correct to the best of my information and belief.

Dated: March 28, 2014

/s/ Anup M. Shah
Anup M. Shah