Personalized User Model LLP v. Google Inc.

Filing 511

OBJECTIONS by Personalized User Model LLP, Konig Yochai to 510 Notice (Other) Google's So-Called "Errata" to its Declaration in Support of Google's Motion for Summary Judgment of Invalidity. (Louden, Karen)

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)

PUM’S OBJECTION TO GOOGLE’S SO-CALLED “ERRATA” TO
ITS DECLARATION IN SUPPORT OF GOOGLE’S
MOTION FOR SUMMARY JUDGMENT OF INVALIDITY
Plaintiff Personalized User Model LLC (“PUM”) objects to the so-called “Errata”
filed by Google, Inc. (“Google”) on May 1, 2013 (D.I. 510), months after the filing of its
summary judgment motion. That “Errata” is accompanied by a Declaration which purports to
submit two prior art publications not previously of record. Contrary to Google’s assertions, the
“Errata” does not correct an error, but rather seeks to supplement the summary judgment record
without leave of court. Neither of these publications are described or discussed in the briefing on
the referenced Motion for Summary Judgment of Invalidity. PUM accordingly did not have an
opportunity to address them in its answering brief. Google’s attempt to supplement the summary
judgment record in the guise of submitting an “Errata” is improper and should be rejected.

MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ Karen Jacobs Louden

OF COUNSEL:

Karen Jacobs Louden (#2881)
Jeremy A. Tigan (#5239)
Regina S.E. Murphy (#5648)
1201 N. Market Street
P.O. Box 1347
Wilmington, DE 19899-1347
[phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Personalized User Model, L.L.P.
and Yochai Konig

Marc S. Friedman
DENTONS US LLP
1221 Avenue of the Americas
New York, NY 10020-1089
[phone]
Mark C. Nelson
DENTONS US LLP
2000 McKinney Avenue, Ste. 1900
Dallas, TX 75201
[phone]
Jennifer D. Bennett
DENTONS US LLP
1530 Page Mill Road, Ste. 200
Palo Alto, CA 94304-1125
[phone]
May 7, 2013
7194008

2

CERTIFICATE OF SERVICE
I hereby certify that on May 7, 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 May 7, 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/ Karen Jacobs Louden
Karen Jacobs Louden (#2881)