Google Inc. v. Rockstar Consortium US LP et al

Filing 67

MOTION to Transfer Case or, in the Alternative to Stay filed by MobileStar Technologies LLC, Rockstar Consortium US LP. Motion Hearing set for 6/26/2014 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 5/23/2014. Replies due by 5/30/2014. (Attachments: # 1 Declaration of Joshua Budwin, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Declaration of William Colvin, # 38 Declaration of Brian Egan, # 39 Declaration of Erik Fako, # 40 Declaration of Mark Hearn, # 41 Declaration of Gillian Mccolgan, # 42 Declaration of Matthew Poisson, # 43 Declaration of Donald Powers, # 44 Declaration of Marilyn French-St. George, # 45 Declaration of John Veschi, # 46 Declaration of Bruce Anthony Wootton, # 47 Proposed Order)(Budwin, Joshua) (Filed on 5/9/2014)

EXHIBIT 31

2013 Patent Litigation Study

Big cases make headlines, while
patent cases proliferate
1995- 2012

pwc

Median damages
rise with
time-to-trial

Virginia Eastern,
Wisconsin Western
speediest in time-to-trial

Chart 7c

Chart 7d

Chart 7c reflects the direct relationship Since 1995, significant variations have
occurred in the median time-to-u·ial
between the median damages award
and the number of years to trial.
across jurisdictions. To assess the
Several factors might influence this
lead time, we focused on the most
relationship. Cases involving higher
active districts. Chart 7d summarizes
the median time-to-trial among
potential damages awards are more
complex and, thus, take longer to
these courts from 1995 to 2012. As
reach trial. Also, increased time-to-trial indicated, the Virginia Eastern and
Wisconsin Western districts boast
provides a longer period over which
sales can occur, thereby increasing the
potential damages base.

Chart 7c. Median damages based on
time-to-trial: 1995-2012

Chart 7d. Median time-to-trial by district from 1995-2012

$20
$18

District
Virginia Eastern

22

0.97

Wisconsin Western

10

1.07

3

Florida M iddle

4

Delaware

5

~ $14

<0
'"0

c

<0

'g
~

$8.2

$8
$6
$4
$2
$0

$3.6

I

0-2

Texas Southern

11

2.00

Texas Eastern

85

2.19

California Central

29

2.34

Texas Northern

18

2.42

9

~ $10

1.94

8

&

1.74

7

$12

15
113

6

~

c

Total # of identified
decisions with
time-to-trial data

2

$16

~

the shortest time-to-trial, which has
been significantly lower than the next
disu·ict or the median. The fastest five
districts and overall median time-totrial have remained consistent from
our last study.

Florida Southern

15

2.50

Minnesota

12

2.66

10
11

2-4

4+

New Jersey

27

2.70

12

California Northern

39

2.72

13

New York Southern

36

2.95

14
Time-to-trial in years
Median damages are adjusted fOC' Inflation and represented
In 2012 US dollars.
The number of Identified decisions Is Indicated within the
respective column.

22

PwC

2013 Patent Litigation Study

Massachusetts

25

3.63

15

Illinois Northern

35

3.67

685

2.35

Overall (all decis ions ident if ied)

Includes only the 15 most active districts for which time-to-trial data was available.