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)

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Courtland L. Reichman (SBN 268873)
[e-mail]
McKool Smith Hennigan, P.C.
255 Shoreline Drive Suite 510
Redwood Shores, CA 94065
[phone]
[phone] (facsimile)
Attorneys for Defendants
Rockstar Consortium US LP and
MobileStar Technologies LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND

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Google, Inc.

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Plaintiff,
vs.
Rockstar Consortium U.S. LP and MobileStar
Technologies LLC

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Defendants.
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Case No. 13-cv-5933 (CW)
DECLARATION OF MARK HEARN
IN SUPPORT OF DEFENDANTS’
ROCKSTAR CONSORTIUM US LP
AND MOBILESTAR
TECHNOLOGIES LLC’S §1404
MOTION TO TRANSFER TO THE
EASTERN DISTRICT OF TEXAS

DECLARATION OF MARK HEARN IN SUPPORT OF DEFENDANTS’ ROCKSTAR
CONSORTIUM US LP AND MOBILESTAR TECHNOLOGIES LLC’S
§1404 MOTION TO TRANSFER TO THE EASTERN DISTRICT OF TEXAS

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13-cv-5933-CW
Declaration of Mark Hearn

DECLARATION OF MARK HEARN

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I, Mark Hearn, declare as follows:
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I am Senior Licensing Counsel for Rockstar Consortium US LP (“Rockstar”).

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Prior to my employment with Rockstar, I was employed by Nortel for over 13 years as

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Senior Counsel, and I worked at Nortel’s Richardson, Texas office. I submit this declaration

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in support of Rockstar’s Motion to Transfer to the Eastern District of Texas Under Section

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1404 or, in the Alternative, To Stay. I make this declaration based upon my own personal

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knowledge unless otherwise indicated herein, and if called as a witness, I could and would

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competently testify thereto.
2.

I lived in the Eastern District of Texas from 1989 to 2003, and I currently

reside in Dallas, Texas in the Northern District of Texas. I currently work out of Rockstar’s

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Plano, Texas office.
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3.

I have knowledge relevant to this lawsuit, including knowledge about the

licensing and monetization efforts regarding the patents-in-suit.
4.

At various times dating back to at least 2000, including at the time of Nortel’s

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bankruptcy, Nortel’s Intellectual Property Law Group was run from the Lakeside campus at

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2221 Lakeside Boulevard in Richardson, Texas.

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For the majority of that time period,

Nortel’s licensing activities were handled exclusively by the IP Law Group.

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5.

After the bankruptcy, Nortel accelerated the process of laying off its

employees. Many of the employees who remained with the company, including many within

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the IP Law Group, focused on Nortel’s patent assets. This work included preparing the

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patents for auction and monetizing Nortel’s patents, including the patents-in-suit.

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13-cv-5933-CW
Declaration of Mark Hearn

6. Many documents concerning patent monetization have resided in or near the
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2 Eastern District of Texas since the time of their creation in the Nortel era.
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I declare under penalty of perjury under the laws of the United States of America that
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Signed this°\^May of May, 2014.
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13-cv-5933-CW
Declaration of Mark Hearn