Google Inc. v. Rockstar Consortium US LP et al

Filing 78

REPLY (re 67 MOTION to Transfer Case or, in the Alternative to Stay ) filed byMobileStar Technologies LLC, Rockstar Consortium US LP. (Attachments: # 1 Declaration (Supplemental) of Joshua Budwin, # 2 Exhibit 36, # 3 Exhibit 37, # 4 Exhibit 38, # 5 Exhibit 39, # 6 Exhibit 40, # 7 Exhibit 41, # 8 Exhibit 42, # 9 Exhibit 43, # 10 Declaration (Supplemental) of Donald Powers, # 11 Declaration (Supplemental) of John Veschi)(Budwin, Joshua) (Filed on 5/30/2014)

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HIGHLIGHTING ADDED EXHIBIT 38 Dealtalk: Google bid pi for Nortel patents and lost | Reuters EDITION: HOME BUSINESS MARKETS WORLD Page 1 of 4 U.S. POLITICS SIGN IN TECH OPINION BREAKINGVIEWS MONEY Dealtalk: Google bid "pi" for Nortel patents and lost Search News & Quotes REGISTER LIFE PICTURES Sub VIDEO Tweet 1,176 Share this 702 Email Print 3 Parents of California gunman describe 'hell on earth' Porn may be messing with your head 5 23 COMMENTS Top scientists warn WHO not to stub out ecigarettes 4 NEW YORK Fri Jul 1, 2011 10:30pm EDT Waves of immigrant minors present crisis for Obama, Congress 2 BY NADIA DAMOUNI 1 Exclusive: Medicare on drugs: 24,000 tests for 145 patients People walk past a logo next to the main entrance of the Google building in Zurich March 9, 2011. CREDIT: REUTERS/ARND WIEGMANN RELATED NEWS (Reuters) - At the auction for Nortel Networks' wireless patents Apple/RIM group top Google in $4.5 billion Nortel sale this week, Google's bids were mystifying, such as $1,902,160,540 U.S. caught China buying more debt than disclosed LSE, TMX abort their merger, leaving both in play Microsoft rolls out Office in the cloud Maple, LSE talk tough in last -minute dash for TMX and $2,614,972,128. Math whizzes might recognize these numbers as Brun's constant and Meissel-Mertens constant, but it puzzled many of the people involved in the auction, according to three people with direct knowledge of the situation on Friday. "Google was bidding with numbers that were not even numbers," one of the sources said. Nine West Gaget Tstrap Sandals $49.99 ANALYSIS & OPINION Kodak scores a patent win but shares fall anyway "It became clear that they were bidding with the distance between Pricey Nortel IP shows fear of Google’s Android mathematical constant, and then when it got to $3 billion, they RELATED TOPICS Tech » Deals » Global Deals Review: 2011 Q3 » Global Deals Review: 2011 Q2 » the earth and the sun. One was the sum of a famous bid pi," the source said, adding the bid was $3.14159 billion. Follow Reuters "Either they were supremely confident or they were bored." Facebook Twitter RSS YouTube It was not clear what strategy Google was employing, whether it wanted to confuse rival bidders, intimidate them, or simply express the irreverence that is part and parcel of its corporate RECOMMENDED VIDEO 5/29/2014 Dealtalk: Google bid pi for Nortel patents and lost | Reuters Global Deals Review » persona. Whatever its reasons, Google's shenanigans did not Inflows Outflows » Page 2 of 4 work. Media » A group of six companies -- Apple, Microsoft, RIM, EMC, Ericsson and Sony -- won the auction of 6,000 Nortel patents and patent applications with a $4.5 billion bid. A different shoe for each and everyday Demolished building in France gets last laugh McCartney cancels Asia concerts, Singer files t… Oscar winner's death a suicide The final figure was three times the amount expected by some analysts -- a sign of the lengths to which Google's rivals were willing to go to get their hands on the treasure trove of wireless technology, and thwart the Internet powerhouse's mobile ambitions. Google had been expected to emerge victorious after it set a $900 million stalking horse bid in April. But the auction that started on Monday and saw 20 rounds of bids over four long days ultimately hit a price that became too much even for Google, the sources said. FINANCIAL COMMENTARIES AND GUIDES The Internet company might have had $36.7 billion in cash as of March 31, but it was only willing to go up to $4 billion for these patents, one person said. ■ How can you get on track with your 401k?(Personal Capital) FIVE BIDDERS ■ Free Guide on Top Performing Portfolio Managers & Strategies(Covestor) Five parties, including two consortiums, initially started bidding for the bankrupt Canadian ■ Five Investment Ideas for Your Portfolio.(BlackRock telecoms company's patents -- Apple, Intel, Google, a consortium of Ericsson, RIM, Microsoft, Sony and EMC, and a group led by patent risk solutions provider RPX, the sources said. Intel started the bidding around 9 am on Monday with a $1.5 billion bid, one source said. Blog) ■ Understand the future trade trends, brought to you by HSBC(HSBC) ■ Don’t buy a stock unless Zacks says it’s a Strong Buy(Zacks) Content from sponsors The RPX-led consortium, which included Chinese firm Huawei, dropped out after the first round of the auction held at the offices of law firm Cleary Gottlieb Steen & Hamilton LLP. 15 year fixed mortgage rates in The consortium remained on the sidelines looking to partner with someone else but never Dallas, TX did, the source said. "It did become clear to us very quickly that this was something that a bunch of big companies with humongous balance sheets had decided was strategic for them," RPX Chief Executive John Amster said. "Clearly at a price at this level it had to be strategic, and they could afford that." The auction tested the limits of even the giants, and it took behind-the-scenes maneuvering and a series of alignments for a winner to emerge. NMLS # 335991 State Lic # 335991 Criteria used APR: 2.953% Payment: $1,130 Fees: $895 2.875% RATE APR: 2.950% Payment: $1,130 Fees: $857 NMLS # 2826 State Lic # 68688 2.875% RATE APR: 3.065% Payment: $1,139 Fees: $747 3.000% RATE Thu May 29 Thu May 29 Thu May 29 SEE ALL RATES FAST AND FURIOUS On Tuesday night, the Ericsson consortium stopped bidding, and started looking for a partner, which it found in Apple, the source said. "When people drop out, you try to partner people," another source said. "It is pretty common in auctions because you are trying to get together people who have reached their individual limits and they still have interest in the assets." By Wednesday, Intel dropped out as well -- a move that was followed by heated negotiations over the next 24 hours as the two remaining parties both tried to court the chip giant to join their side. Intel chose Google, one source said. The field narrowed to two -- the Apple consortium called "Rockstar," and the Google bidding vehicle named "Ranger", the sources said. "Then it was fast and furious $100 million allotments until they got to $3 billion, at which point Google asked for permission to bid more," a source said. "They bid through $4 billion and tapped out." 5/29/2014 Dealtalk: Google bid pi for Nortel patents and lost | Reuters Page 3 of 4 Google declined to comment for this article, but called the auction results "disappointing." Lazard Ltd advised Nortel in the deal, while Jefferies advised its creditors. Akin Gump Strauss Hauer & Feld LLP was legal adviser to Nortel's creditors, while Cleary Gottlieb advised the company. (Additional reporting by Tiffany Wu in New York and Alastair Sharp in Toronto; Writing by Paritosh Bansal, editing by Bernard Orr) FILED UNDER: TECH DEALS GLOBAL DEALS REVIEW: 2011 Q3 GLOBAL DEALS REVIEW: 2011 Q2 GLOBAL DEALS REVIEW INFLOWS OUTFLOWS MEDIA Recommend 3,241 people recommend this. Sign Up to see what your friends recommend. Tweet this Link this Share this Digg this Email Print Reprints More From Reuters Sponsored Financial Content • Mired in controversy, U.S. rocket blasts off on secret mission | 22 May • How much should you have in your 401k • Demolished building in France gets last laugh | 26 May • Your Core Portfolio: The Case for • Russia forges huge economic bloc with Kazakhstan and Belarus | 29 May • North Korea 'special action' threat | 26 May • Father blames government 'idiots' as California town mourns killings | 26 May (?) based on your age? Personal Capital ETFs BlackRock Blog • Germany Country Guide, brought to you by HSBC HSBC Global Connections • Download Our 2014 eBook to Learn How To Generate Yield on Investments Covestor • Want to hedge your equity position? Forex reports from FXCM can help. FXCM From The Web Sponsored Content by Taboola Whistler - Summers Are Meant to Be Spent Ou… New Bill To Redefine Antique Firearms 10-Million Square Foot Tech Base Revealed Must Have Appliances Being sold For Next T… Tourism Whistler GND News Money Morning QuiBids These Are The Best Credit Cards For 2014 30 Candid Met Gala Snaps You Haven't Se… If You Want To Be Awesome At Gmail, A… Truth About Annuities* Next Advisor Refinery29 Forbes Senior Annuity Alert We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see Comments (23) katiepea wrote: hmm no i’d say it worked brilliantly, they did the same thing when they were bidding against microsoft for skype, google never wanted skype, they just wanted microsoft to think they did, what google is offering blows skype away, google is just having fun with people trying to play catch up to them, there is not method other than humor here. Jul 01, 2011 10:08pm EDT -- Report as abuse kthor wrote: 5/29/2014 Dealtalk: Google bid pi for Nortel patents and lost | Reuters Page 4 of 4 strategically google won and made the winning bidder pay more than $4 billion for tech that’s probably not worth it. they are forcing competitors to spend money on worthless techs as they are eyeing other takeovers in the future but not before they make rivals spend the money 1st. good call G Jul 02, 2011 1:21am EDT -- Report as abuse jabberwolf wrote: I think they were being cute. But it doesnt bode well for engineers to pretend they know law. Just as it isnt a bright idea for lawyers to pretend they know physics. A genius in one field is not a genius in another by osmosis or entitlement. This is why some of the brightest people in the world can be so gawd awfully stupid. Google’s shown this by example these past years. They did so again with the loss of the recent bid. Jul 02, 2011 2:12am EDT -- Report as abuse This discussion is now closed. 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