TimesLines, Inc v. Facebook, Inc.

Filing 136

MEMORANDUM by Facebook, Inc. in support of motion in limine 135 to Exclude Evidence, Argument, and Testimony Regarding Non-Actionable Alleged "Confusion" (Attachments: # 1 Declaration of Brendan Hughes, # 2 Exhibit A - F)(Willsey, Peter)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
TIMELINES, INC.
Plaintiff,
v.
FACEBOOK, INC.
Defendant.

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Civil Action No.: 11 CV 6867
HONORABLE JOHN W. DARRAH

DECLARATION OF BRENDAN J. HUGHES IN SUPPORT OF
DEFENDANT FACEBOOK, INC.’S MOTION IN LIMINE NO. 4
I, Brendan J. Hughes, declare:
1.

I am an associate with the law firm Cooley LLP, counsel for Defendant Facebook,

Inc. (“Facebook”) in connection with the above-titled action. I submit this declaration in support
of Facebook’s Motion in Limine No. 4: To Exclude Evidence, Argument, and Testimony
Regarding Non-Actionable Alleged “Confusion” (“Motion”).

I make this declaration upon

personal knowledge and, if called and sworn as a witness, I could and would testify as to the
matters set forth herein.
2.

Attached hereto as Exhibit A are true and correct copies of excerpts from the

deposition transcript of John Randolph Cassidy, dated September 18, 2012.
3.

Attached hereto as Exhibit B are true and correct copies of excerpts from the

deposition transcript of Keith Koeneman, dated September 19, 2012.
4.

Attached hereto as Exhibit C are true and correct copies of excerpts from the

deposition transcript of Esther Barron, dated September 21, 2012.
5.

Attached hereto as Exhibit D are true and correct copies of excerpts from the

deposition transcript of Don Jenkins, dated September 21, 2012.

6.

Attached hereto as Exhibit E are true and correct copies of excerpts from the

deposition transcript of Pam Cole, dated September 18, 2012.
7.

Attached hereto as Exhibit F are true and correct copies of excerpts from the

deposition transcript of Thomas R. Fallon, dated September 25, 2012.
I declare under penalty of perjury that the foregoing statements are true and correct.
Executed in Washington, D.C. this 8th day of April, 2013.

/s/ Brendan J. Hughes
Brendan J. Hughes (pro hac vice)
COOLEY LLP
1299 Pennsylvania Avenue, NW
Suite 700
Washington, DC 20004-2400
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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CERTIFICATE OF SERVICE
The undersigned, an attorney, hereby certifies that he served the foregoing
DECLARATION OF BRENDAN J. HUGHES IN SUPPORT OF DEFENDANT
FACEBOOK, INC.’S MOTION IN LIMINE NO. 4: TO EXCLUDE EVIDENCE,
ARGUMENT, AND TESTIMONY REGARDING NON-ACTIONABLE ALLEGED
“CONFUSION” by means of the Court’s CM/ECF System, which causes a true and correct
copy of the same to be served electronically on all CM/ECF registered counsel of record, on
April 8, 2013.

Dated: April 8, 2013

/s/ Brendan J. Hughes
Brendan J. Hughes (pro hac vice)
COOLEY LLP
1299 Pennsylvania Ave., NW
Suite 700
Washington, DC 20004-2400
Phone: [phone]
Fax: [phone]
Email: [e-mail]

1114613 HN

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