Personalized User Model LLP v. Google Inc.

Filing 498

DECLARATION re 497 Reply Brief in Support of Motion to Strike Dr. Jordan's Late Disclosed Opinions (Declaration of Jaime G. Carbonell) by Personalized User Model LLP, Konig Yochai. (Tigan, Jeremy)

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

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

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

DECLARATION OF JAIME G. CARBONELL
IN SUPPORT OF PLAINTIFF PERSONALIZED USER MODEL, L.L.P.’S
REPLY BRIEF IN SUPPORT OF ITS MOTION TO STRIKE
DR. JORDAN’S LATE DISCLOSED OPINIONS
I, Jaime G. Carbonell, declare:
1.

I submit this Declaration in Support of Plaintiff Personalized User Model,

L.L.P’s (“PUM”) Reply Brief in Support of Its Motion to Strike Dr. Jordan’s Late Disclosed
Opinions.
2.

I have been retained by counsel for PUM to respond to the Report of

Defendant’s Expert Michael I Jordan, Ph.D., concerning invalidity of Claims 1, 11, 22, 32 and 34
of U.S. Patent No. 6,981,040 and Claims 1, 3, 5, 6, 7, 21 and 22 of U.S. Patent No. 7,685,276
(“Jordan Report”), and to respond where appropriate.

3.

During Dr. Jordan’s deposition on November 7, 2012, I learned for the

first time that in Dr. Jordan’s view Exhibit 3 attached to the Jordan Report implicitly referred to
hundreds if not thousands of new combinations of prior art to show obviousness. Hence, I did not
specifically rebut nor could I have rebutted each of these new combinations in my Rebuttal
Report served on October 3, 2012.
I declare under penalty of perjury under the laws of the United States of America
that the foregoing is true and correct.
Executed this 8th day of February 2013, at Pittsburgh, Pennsylvania.

Jaime G. Carbonell

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CERTIFICATE OF SERVICE
I hereby certify that on February 8, 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 February 8, 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)