Google Inc. v. Rockstar Consortium US LP et al

Filing 72

RESPONSE (re 67 MOTION to Transfer Case or, in the Alternative to Stay ) Opposition of Google Inc. to Rockstar's Renewed Motion to Transfer or Stay This Action filed byGoogle Inc.. (Attachments: # 1 Declaration of Kristin J. Madigan, # 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)(Warren, Matthew) (Filed on 5/23/2014)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
Sean Pak (Cal. Bar No. 219032)
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Matthew S. Warren (Cal. Bar No. 230565)
[e-mail]
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50 California Street, 22nd Floor
4 San Francisco, California 94111
[phone]
5 [phone] (facsimile)
6 Attorneys for Plaintiff GOOGLE INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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12 GOOGLE INC.,
Plaintiff,

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v.

15 ROCKSTAR CONSORTIUM US LP and
MOBILESTAR TECHNOLOGIES LLC,
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Defendants.
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CASE NO. 13-cv-5933-CW
DECLARATION OF KRISTIN J.
MADIGAN IN SUPPORT OF
OPPOSITION OF GOOGLE INC. TO
ROCKSTAR’S RENEWED MOTION TO
TRANSFER OR STAY THIS ACTION
Date:
Time:
Courtroom:
Judge:

June 26, 2014
2:00 p.m.
Courtroom 2, Fourth Floor
Hon. C.J. Claudia Wilken

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01980.00011/5952011.1

CASE NO. 13-cv-5933-CW
DECLARATION IN SUPPORT OF GOOGLE’S OPPOSITION TO ROCKSTAR’S RENEWED MOTION TO TRANSFER OR STAY

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2 I, Kristin J. Madigan, hereby declare as follows:
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1.

I am Of Counsel at Quinn Emanuel Urquhart & Sullivan, LLP, counsel for Plaintiff

Google Inc. I submit this declaration in support of the Opposition of Google Inc to Rockstar’s
Renewed Motion to Transfer or Stay This Action. I have personal knowledge of the following

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facts, and would competently testify to them if called upon to do so.
2.

Attached hereto as Exhibit 1 is a true and correct copy of patent assignment record

9 Reel No. 031523, Frame No. 0182-90, from the United States Patent and Trademark Office.
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3.

Attached hereto as Exhibit 2 is a true and correct copy of Rockstar v. Samsung, 13-

11 0900 (E.D. Tex. Mar. 21, 2014), Docket No. 52-29.
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4.

Attached hereto as Exhibit 3 is a true and correct copy of an excerpt from the

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www.fly.com website page with the result of a search for flights from Ottawa Macdonald-Cartier
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International Airport to San Francisco International Airport.
5.

Attached hereto as Exhibit 4 is a true and correct copy of an excerpt from the

17 maps.google.com website page with the result of a search for driving directions from San
18 Francisco International Airport to the United States Courthouse in Oakland, California.
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6.

Attached hereto as Exhibit 5 is a true and correct copy of an excerpt from the

www.fly.com website page with the result of a search for flights from Ottawa Macdonald-Cartier

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International Airport to Dallas/Fort Worth International Airport.
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7.

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

24 maps.google.com website page with the result of a search for driving directions from Dallas/Fort
25 Worth International Airport to the United States Courthouse in Marshall, Texas.
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CASE NO. 13-cv-5933-CW
DECLARATION IN SUPPORT OF GOOGLE’S OPPOSITION TO ROCKSTAR’S RENEWED MOTION TO TRANSFER OR STAY

8.

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

2 www.fly.com website page with the result of a search for flights from Ottawa Macdonald-Cartier
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International Airport to Shreveport Regional Airport.

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9.

Attached hereto as Exhibit 8 is a true and correct copy of an excerpt from the

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maps.google.com website page with the result of a search for driving directions from Shreveport
Regional Airport to the United States Courthouse in Marshall, Texas.
10.

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Attached hereto as Exhibit 9 is a true and correct copy of Defendants’ Initial

9 Disclosures, Google Inc. v. Rockstar Consortium US LP et al., No. 13-5933 (N.D. Cal.).
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11.

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

www.LinkedIn.com for Don Lindsay.

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12.

Attached hereto as Exhibit 11 is a true and correct copy of Rockstar v. Samsung,

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No. 13-0900 (E.D. Tex. Mar. 21, 2014), Docket No. 52-31.
13.

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Attached hereto as Exhibit 12 is a true and correct copy of Fifth Amended and

16 Restated Initial Order, In The Matter of The Companies’ Creditors Arrangement Act, R.S.C. 1985
17 c. C-36, As Amended, Court File No. 09-CL-7950 (Ontario Superior Court of Justice, Jan. 14,
18 2009).
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14.

Attached hereto as Exhibit 13 is a true and correct copy Pre-Trial Brief of the

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Monitor and Canadian Debtors, In re Nortel Networks Inc., et al., 09-10138-KG, Docket No.
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13553 (Bankr. D. Del. May 12, 2014).
15.

Attached hereto as Exhibit 14 is a true and correct copy of Rockstar v. Samsung,

24 No. 13-0900 (E.D. Tex. Apr. 14, 2014), Docket No. 61-7.
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16.

Attached hereto as Exhibit 15 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.

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CASE NO. 13-cv-5933-CW
DECLARATION IN SUPPORT OF GOOGLE’S OPPOSITION TO ROCKSTAR’S RENEWED MOTION TO TRANSFER OR STAY

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Attached hereto as Exhibit 16 is a true and correct copy of a table from

2 www.uscourts.gov titled “U.S. District Courts—Median Time Intervals From Filing to Disposition
3 of Civil Cases Terminated, by District and Method of Disposition, During the 12-Month Period
4 Ending June 30, 2013.”
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18.

Attached hereto as Exhibit 17 is a true and correct copy of “2013 Patent Litigation

6 Year in Review,” Lex Machina, Menlo Park, CA, 2014.
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19.

Attached hereto as Exhibit 18 is a true and correct copy of “Lex Machina Releases

8 First Annual Patent Litigation Year in Review,” May 13, 2014, available at
9 www.lexmachina.com/2014/05/patent-litigation-review/
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I declare under penalty of perjury that the foregoing is true and correct. Executed on May

11 23, 2014, in San Francisco, California.
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By /s Kristin J. Madigan
Kristin J. Madigan

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ATTESTATION
I, Matthew S. Warren, am the ECF user whose userid and password authorized the filing

19 of this document. Under Civil L.R. 5-1(i)(3), I attest that Kristin J. Madigan has concurred in
20 this filing.
21 DATED: May 23, 2014
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/s Matthew S. Warren
Matthew S. Warren

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CASE NO. 13-cv-5933-CW
DECLARATION IN SUPPORT OF GOOGLE’S OPPOSITION TO ROCKSTAR’S RENEWED MOTION TO TRANSFER OR STAY