TimesLines, Inc v. Facebook, Inc.

Filing 173

MEMORANDUM by Facebook, Inc. in Opposition to motion in limine 171 No. 9 (Attachments: # 1 Declaration of Lori Mayall, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(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 LORI F. MAYALL IN SUPPORT OF DEFENDANT
FACEBOOK, INC.’S OPPOSITION TO PLAINTIFF’S EMERGENCY MOTION IN
LIMINE NO. 9 TO EXCLUDE EVIDENCE OF TIMELINES’ OTHER TRADEMARK
APPLICATION
I, Lori F. Mayall, 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 Opposition to Plaintiff’s Emergency Motion in Limine No. 9 to Exclude Evidence
of Timelines’ Other Trademark Application. 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 is a true and correct copy of a Defendant’s Ex. 109,

comprising a certified copy of the file history on the fourth application, bearing Bates Nos.
FB_TL00002580-2643.
3.

Attached hereto as Exhibit B is a true and correct copy of Plaintiff’s Ex. 2

containing the existing registration showing the mark requested as “timelines” bearing Bates No.
T0000048-49.
4.

Attached hereto as Exhibit C is a true and correct copy of excerpted pages 200-

201, and 203-206 from Brian Hand’s September 20, 2012 deposition transcript.

5.

Attached hereto as Exhibit D is a true and correct copy of Defendants Ex. 110

containing the USPTO’s Notice of Abandonment to Timelines, Inc.
I declare under penalty of perjury that the foregoing statements are true and correct.
Executed in Palo Alto, California this 19th day of April, 2013.
/s/ Lori F. Mayall
Lori F. Mayall
COOLEY LLP
Five Palo Alto Square
3000 El Camino Real
Palo Alto, CA 94306-2155
Telephone: [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 LORI F. MAYALL IN SUPPORT OF DEFENDAT FACEBOOK,
INC.’S OPPOSITION TO PLAINTIFF’S EMERGENCY MOTION IN LIMINE NO. 9 TO
EXCLUDE EVIDENCE OF TIMELINES’ OTHER TRADEMARK APPLICATION, 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 19, 2013.

Dated: April 19, 2013

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

1118017 HN

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