Personalized User Model LLP v. Google Inc.

Filing 471

REDACTED VERSION of 454 Declaration, re Answering Brief in Opposition, to Google's Motion for Summary Judgment Regarding SRI and in Support of PUM's Cross-Motion for Summary Judgment (Declaration of Jennifer D. Bennett) by Personalized User Model LLP. (Attachments: # 1 Exhibits A-N)(Tigan, Jeremy)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PERSONALIZED USER MODEL, L.L.P.,

)
)
Plaintiff,
)
)
v.
)
)
GOOGLE, INC.,
)
)
Defendant.
)
)
)
)
GOOGLE, INC.
)
)
Counterclaimant,
)
)
v.
)
PERSONALIZED USER MODEL, L.L.P. and )
)
YOCHAI KONIG,
)
Counterclaim-Defendants. )

C.A. No. 09-525 (LPS)
PUBLIC VERSION

DECLARATION OF JENNIFER D. BENNETT IN SUPPORT OF PLAINTIFF
PERSONALIZED USER MODEL, L.L.P.’S ANSWERING BRIEF IN OPPOSITION
TO GOOGLE’S MOTION FOR SUMMARY JUDGMENT REGARDING SRI AND IN
SUPPORT OF PUM’S CROSS-MOTION FOR SUMMARY JUDGMENT

OF COUNSEL:
Marc S. Friedman
SNR Denton US LLP
1221 Avenue of the Americas
New York, NY 10020-1089
[phone]
Jennifer D. Bennett
SNR Denton US LLP
1530 Page Mill Road, Ste. 200
Palo Alto, CA 94304-1125
[phone]
Original Filing Date: January 14, 2013
Redacted Filing Date: January 23, 2013

MORRIS, NICHOLS, ARSHT & TUNNELL LLP
Karen Jacobs Louden (#2881)
Jeremy A. Tigan (#5239)
1201 N. Market Street
P.O. Box 1347
Wilmington, DE 19899-1347
[phone]
[e-mail]
[e-mail]
Attorneys for Personalized User Model, L.L.P.
and Yochai Konig

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PERSONALIZED USER MODEL, L.L.P.,

)
)
Plaintiff,
)
)
v.
)
)
GOOGLE, INC.,
)
)
Defendant.
)
)
)
)
GOOGLE, INC.
)
)
Counterclaimant,
)
)
v.
)
PERSONALIZED USER MODEL, L.L.P. and )
)
YOCHAI KONIG,
)
Counterclaim-Defendants. )

C.A. No. 09-525 (LPS)
PUBLIC VERSION

DECLARATION OF JENNIFER D. BENNETT IN SUPPORT OF PLAINTIFF
PERSONALIZED USER MODEL, L.L.P.’S ANSWERING BRIEF IN OPPOSITION
TO GOOGLE’S MOTION FOR SUMMARY JUDGMENT REGARDING SRI AND IN
SUPPORT OF PUM’S CROSS-MOTION FOR SUMMARY JUDGMENT
I, Jennifer D. Bennett, declare:
1.

I am an attorney duly licensed to practice in the State of California, admitted to

practice pro hac vice before this Court, and an associate with the law firm of SNR Denton US
LLP, counsel for Plaintiff Personalized User Model, L.L.P. (“P.U.M.”) in this action. I make this
declaration in support of P.U.M.’s Answering Brief in Opposition to Google’s Motion for
Summary Judgment Regarding SRI and in Support of P.U.M.’s Cross-Motion for Summary
Judgment.
2.

Attached as Exhibit A is a true and correct copy of the cited excerpts of the

deposition transcript from the December 12, 2010 deposition of Dr. Yochai Konig in this matter.
3.

Attached as Exhibit B is a true and correct copy of the cited excerpts of the

deposition transcript from the April 14, 2012 deposition of Horacio Franco in this matter.
4.

Attached as Exhibit C is a true and correct copy of the cited excerpts of the

deposition transcript from the December 3, 2010 deposition of Roy Twersky in this matter.
5.

Attached as Exhibit D is a true and correct copy of Dr. Yochai Konig’s

Employment Agreement with SRI International, which Google produced as GGLPUM00111105.
6.

Attached as Exhibit E is a true and correct copy of Personalized User Model’s

October 12, 2011 Responses to Google’s Interrogatory No. 1.
7.

Attached as Exhibit F is a true and correct copy of a May 1999 draft white paper

titled “Providing Your Personal Web”, which was produced by P.U.M. as PUM0091910.
8.

Attached as Exhibit G is a true and correct copy of the cited excerpts of the

deposition transcript from the May 4, 2011 deposition of Dr. Yochai Konig in this matter.
9.

Attached as Exhibit H is a true and correct copy of the cited excerpts of the

deposition transcript from the January 26, 2012 deposition of Dr. Yochai Konig in this matter.
10.

Attached as Exhibit I is a true and correct copy of an October 16, 1999 document

describing the early prototyping of Utopy, Inc.’s embodiment of the claimed invention of the
patents-in-suit, which was produced by P.U.M. as PUM0092036.
11.

Attached as Exhibit J is a true and correct copy of the cited excerpts of the

deposition transcript from the May 5, 2011 deposition of Roy Twersky in this matter.
12.

Attached as Exhibit K is a true and correct copy of the cited excerpts of the

deposition transcript from the July 6, 2011 deposition of Dr. Andreas Stolcke in this matter.
13.

Attached as Exhibit L is a true and correct copy of the cited excerpts of the

deposition transcript from the August 15, 2011 deposition of Dr. Mustafa Kemal Sonmez in this
matter.
-2-

14.

Attached as Exhibit M are true and correct copies of the assignment agreements

transferring rights to the patents-in-suit from Yochai Konig, Roy Twersky, and Michael Berthold
to Utopy, Inc., from Utopy, Inc. to Levino Ltd., and from Levino Ltd. to Personalized User
Model, LLP. These documents were produced in the litigation as LUMEN0000139,
LUMEN0000611, and PUM0069236, respectively.
15.

Attached as Exhibit N is a true and correct copy of an e-mail chain among

employees of SRI International regarding a transaction with Google. This e-mail chain was
produced by SRI International and was used as Exhibit 19 during the April 14, 2011 deposition
of Douglas Bercow in this matter.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed this 14th day of January 2013, at San Francisco, California
_/s/ Jennifer D. Bennett_____________
Jennifer D. Bennett

14873265\V-1

-3-

CERTIFICATE OF SERVICE
I hereby certify that on January 14, 2013, I caused the foregoing to be
electronically filed with the Clerk of the Court using CM/ECF which will send electronic
notification of such filing to all registered participants.
Additionally, I hereby certify that true and correct copies of the foregoing were
caused to be served on January 14, 2013, upon the following individuals in the manner indicated:
BY E-MAIL

BY E-MAIL

Richard L. Horwitz
David E. Moore
POTTER ANDERSON & CORROON LLP
1313 N. Market St., 6th Floor
Wilmington, DE 19801

Brian C. Cannon
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
555 Twin Dolphin Dr., 5th Floor
Redwood Shores, CA 94065
Charles K. Verhoeven
David A. Perlson
Antonio R. Sistos
Andrea Pallios Roberts
Joshua Lee Sohn
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, CA 94111

/s/ Jeremy A. Tigan
Jeremy A. Tigan (#5239)