Hangingout, Inc. v. Google, Inc.

Filing 35

REPLY to Response to Motion re 23 MOTION to Dismiss for Failure to State a Claim filed by Google, Inc.. (Attachments: # 1 Notice of Lodgment of Non-Electronic Exhibit, # 2 Declaration of Margret M. Caruso, # 3 Exhibit 1 to Caruso Declaration, # 4 Exhibit 2 to Caruso Declaration, # 5 Proof of Service)(Caruso, Margaret)(cge).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP

Margret M. Caruso (Bar No. 243473)
Cheryl A. Galvin (Bar No. 252262)
555 Twin Dolphin Drive, 5th Floor
3 Redwood Shores, California 94065-2139
Telephone: [phone]
4 Facsimile: [phone]
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5 Attorneys for Defendant Google Inc.
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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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13 HANGINOUT, INC,

Plaintiff,

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vs.

16 GOOGLE INC.,
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Defendant.

CASE NO. 13-CV-2811 AJB NLS
DECLARATION OF MARGRET M.
CARUSO IN SUPPORT OF
GOOGLE’S REPLY
MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
GOOGLE’S MOTION TO DISMISS
HANGINOUT’S FIRST AMENDED
COMPLAINT

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ORAL ARGUMENT REQUESTED

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Date: April 25, 2014
Time: 2:00 p.m.
Courtroom 3B
Judge: Hon. Anthony J. Battaglia

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Case No. 13-CV-2811 AJB NLS
-1DECLARATION OF MARGRET M. CARUSO IN SUPPORT OF GOOGLE’S
REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
GOOGLE’S MOTION TO DISMISS HANGINOUT’S FIRST AMENDED COMPLAINT

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I, Margret M. Caruso, declare as follows:

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I am a member of the bar of the State of California and of this Court,

3 and a partner at Quinn Emanuel Urquhart & Sullivan LLP, attorneys for Google Inc.
4 in this action.

I make this declaration of personal, firsthand knowledge, and if

5 called and sworn as a witness, I could and would testify competently thereto.
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2.

Attached as Exhibit 1 is a true and correct copy of a printout from the

7 webpage http://googleblog.blogspot.com/2011/06/introducing-google-project-real8 life.hmtl, reflecting Google’s June 28, 2011 announcement of Google+ and
9 Hangouts.

This document was attached as Exhibit 1 to the Declaration of Matthew

10 Leske In Support of Google’s Opposition to Hanginout’s Motion for Preliminary
11 Injunction (“Leske Declaration”), found at Dkt. 30-19.

This is a full-color version

12 of the document attached as Exhibit 22 to the Declaration of Justin Malone In
13 Support of Plaintiff Hanginout, Inc.’s Motion for Preliminary Injunction, found at
14 Dkt. 12-26.
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3.

Google’s June 28, 2011 announcement also had an embedded video

16 demonstrating how Hangouts works.

Like the videos for other products announced

17 in connection with Google + that day, the video was labeled “Google+” followed by
18 a colon, and then the name of the product it was demonstrating.

Attached as

19 Exhibit 2 is a true and correct copy of the Hangouts video embedded in Google’s
20 June 28, 2011 announcement.

This video was also attached as Exhibit 2 to the

21 Leske Declaration, found at Dkt. 30-20 and lodged as a non-electronic exhibit.
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I declare under penalty of perjury under the laws of the United States of

25 America that the foregoing is true and correct.
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Case No. 13-CV-2811 AJB NLS
-2DECLARATION OF MARGRET M. CARUSO IN SUPPORT OF GOOGLE’S
REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
GOOGLE’S MOTION TO DISMISS HANGINOUT’S FIRST AMENDED COMPLAINT

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Executed on April 4, 2014, at Redwood Shores, California.

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By /s/ Margret M. Caruso
Margret M. Caruso

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Case No. 13-CV-2811 AJB NLS
-3DECLARATION OF MARGRET M. CARUSO IN SUPPORT OF GOOGLE’S
REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
GOOGLE’S MOTION TO DISMISS HANGINOUT’S FIRST AMENDED COMPLAINT