iLOR, LLC v. Google, Inc.

Filing 12

MOTION for Preliminary Injunction by iLOR, LLC (Attachments: # 1 Memorandum in Support Part 1# 2 Memorandum in Support Part 2# 3 Proposed Order # 4 Exhibit A# 5 Exhibit B# 6 Exhibit C# 7 Exhibit D# 8 Exhibit E# 9 Exhibit F# 10 Exhibit G# 11 Exhibit H# 12 Exhibit I# 13 Exhibit J# 14 Exhibit K# 15 Exhibit L# 16 Exhibit M# 17 Exhibit N# 18 Exhibit O# 19 Exhibit P# 20 Exhibit Q# 21 Exhibit R# 22 Exhibit S# 23 Exhibit T# 24 Exhibit U# 25 Exhibit V# 26 Exhibit W# 27 Exhibit X# 28 Exhibit Y# 29 Exhibit Z# 30 Exhibit AA# 31 Exhibit BB# 32 Exhibit CC# 33 Exhibit DD# 34 Exhibit EE# 35 Exhibit FF# 36 Exhibit GG# 37 Exhibit HH# 38 Exhibit II# 39 Exhibit JJ# 40 Exhibit KK# 41 Exhibit LL# 42 Exhibit MM# 43 Exhibit NN# 44 Exhibit OO# 45 Exhibit PP# 46 Exhibit QQ# 47 Exhibit RR# 48 Exhibit SS# 49 Exhibit TT# 50 Exhibit UU)(Faller, Susan)

iLOR, LLC v. Google, Inc.

Doc. 12 Att. 21

Case 5:07-cv-00109-JMH

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY LEXINGTON DIVISION
ˇLOR, LLC

Case No. 5:07 - CV - 00109 - JM
Plaintiff,
v.
Chief Judge Joseph M. Hood

GOOGLE, INC.

AFFIDAVIT OF STEPHEN MASFIELD
Defendant.

STEVEN MANSFIELD, being duly cautioned and sworn, hereby attests as follows:

i. I am Stephen Mansfield.
2. I have over 20 years of

real world experience in the world ofIT and

entrepreneurship. I have experience with virtally all technca operatig systems,
including UNiX, AI, LINUX, X-Windows, Windows, MacOS and others, on

hardware platforms ranging from IBM Mainfes, Mini's (AS-400), workstations,
PC and Mac. I have over 15 years of experience in all matters of related to the
operation of

technology companes, including executive management, Intellectual

Propert matters, marketing, sales, product design, site design interface design, etc.
i have completed thee years of post-secondar education at the University of

Kentucky, Morehead State University and the Lexington Technical Institute.
3. I am the co-founder and CEO ofiLOR, LLC, the developers of Pre Found.

com, the

Social Search Engine. I am curently employed by Prefound.com. My curent job
title is Chief

Executive Offcer. Functionally, my responsibilties include all
the operation and management of Pre Found.

aspccts of

com. Beyond the operation
the site and

and management, my responsibilties also encompass the marketing of

company, making public appeaances representing the company, speaking
engagements, being the subject of interviews and writing aricles that are published

regarding the site. i am also responsible for all editorial content posted in the
primar PreFound.com blog.

EXHIBIT
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4. I took a position with iLOR in 2000. It is my understanding that iLOR owns
Prefound.com as well as the patent which is the subject of

the present lawsuit.

5. iLOR is in the business of developing a human-indexed Internet though specialized
tools, such as PFfinder, utilized by communities of

knowledgeable, interested

people who can identif relevant sites with greater accuracy than a search engine

that depends on computer program. I have been personally involved in the

development ofPFfinder, and am familar with its featues and fuctions, as well as
with the business of iLOR.

6. iLOR applied for a patent in May 2006 which issued on April 17,2007, as U.S.
Patent 7,206,839. I am a co-inventor of

the technology covered by that patent and I
the

was involved in all aspects of the process from conception of the invention to
fielding questions from the patent attorneys involved in the prosecution of

patent application.

7. Without users, a social search site is vily useless. A social site must draw a

very large traffic base to build a network of users that paricipate on the social site.
In order for a social site that is dependent on users aggregating data to really
become successful, it must offer users easily accessible online tools to assist them

in aggregating the data. Furer, it is critical that the touls that are offered are so
easy to use and helpful to these users that the tools become intriic to the browsing
process itself for these users. Without tools like these, not enough users will work
to aggregate data, and that is the death knell for the service.

8. iLOR planed a media strategy to establish enough momentu to achieve a selfusers. In this strategy, iLOR committed fuds, staring in sustaining critical mass of
March 2006, to promote ˇLOR as an industry leader via varous mechanisms

including iLOR's hosting ofthe Kentucky Derby Social Networks/Social Search

Roundtable which was attended by representatives of Six Apar, Wall Street
Joural, MarketWatch, and Search Engine Lowdown. In the course of

ths media

campaign (May 2006), Google released the Google Notebook. In spite of

this

media strategy, users were not visiting iLOR's website as anticipated. I believe that

the resaon for this was the availabilty of the competing Google Notebook. By June
2006, iLOR was forced to redirect its marketing efforts from presenting itself as an

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industry leader to convincing the public that iLOR was stil a viable entity. The
focus of the marketing budget since then has been on counterig the effects of the
infringing Google Notebook on ˇLOR's business.

9. iLOR, if granted an injunction, plans to engage in a nationwide public relations
campaign to repair the damage caused by Google's infingement including blog

posts, magazine aricles, newspaper aricles, interviews, speakng tours, brand
building and more.

10. Google's unlawf usuration ofiLOR's potential user base, though the offering of
its Google Notebook, has so damaged iLOR that, at present, the website is not

generating enough advertsing revenue to maintain the company. iLOR is curently
being maintained through investment dollars. However, ifiLOR is not granted an
injunction, it will find it nearly impossible to attact the additional investment
necessar to continue to make the Prefound.com social search site a going concern.
Without investment, iLOR wil have no recourse except to go out of

business.

11. Exhbit A is a tre copy of

US Patent 7,206,839.

12. Exhibit B is a tre copy of WIKIEDIA, Social Softare, available at

http://en.wikipedia.orglwikiSocial softare (accessed Augut 24,2007).
13. Exhibit C is a tre copy of Tim O'Reily, Wht Is Web 2.0 - Design Patterns and

Business Models for the Next Generation of Software, 9/30/2005,

http://ww.oreilynet.comlpt/a/6228 (visited August 24, 2007).
14. Exhibit D is a true copy OfWIKlPEDIA, Danny Sullivan available al

hi/oj/en. wikiDedia.org/wild/Dannv Sullvan (technologist) (accessed August 24,
2007).
15. Exhibit E is a true copy of About Search Engine Watch available at

http://searchenginewatch.coinshowPage.html7oae:e=about (accessed August 24,
2007).
l6. Exhibit F is a tre copy of About Incisive Media available at

htto:l/ww.incisivemedia.comloublic/showpage.html?page=1 i 33 8 (accessed
August 24,2007).

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l7. Exhibit G is a true copy of

Dany Sullvan, iLOR Makes Google Even Better,

SEARCH ENGINE WATCH (April 19,2001) available at

http://seachenginewatch.comJ2163651/print (accessed August 24,2007).
18. Exhibit H is a tre copy of About MarketWatch available at

http://ww3.marketwatch.com/siteinfo/ (accessed August 24,2007).
19. Exhibit I is a tre copy of Bambi Francisco, Google Going Vertical,

MARKETWATCH (May 11, 2006) available at
http://ww.marketwatch.com/ews/Story/Story .aspx?guid=% 78 174948FE- E62f-

40E5-846A-4C0948CC45B3%7D (accessed 8/24/2007).
20. Exhbit J is a tre copy of Answers.

com, beta: Definition and Much More from

Answers.com, June 7, 2004, available at httD://ww.answers.com/topiclbeta-

definition?cat=echnoloiiV&Drint=rue (accessed Augut 24. 2007).
21. Exhbit K is a tre copy of Go

ogle Notebook FAQ available at

hup://ww.google.comlgooglenotebook/faci.html (August 24, 2007).
22. Exhibit L is a tre copy of Google Notebook Tour available at

htt://ww.google.comhwoglenotebook/tourl.html (accessed August 24, 2007).
23. Exhibit M is a tre copy of

Google Notebookfrom Google Labs, (May 10,2006)

available at http://ww.google.comlintlen/press/pressrel/new tech.htm (accessed
August 24, 2007).
24. Exhibit N is a tre copy of

Whatis.com, Browser (September 25. 2006) available at

htt://searchvb.techtaget.comlsDefinition/O..sidS gci211708.00.html (accessed

August 24, 2007).
25. Exhibit 0 is a true copy of Bur Helm, Google's Desktop Offensive, BUSINESS

WEEK (May 11, 2006) available at

http://ww.businessweek.com/printltechnology/contentfmay2006/tc200605 i i 493
243.htm (accessed August 24,2007).
26. EXHIBIT P is a true copy of About the Motley Fool available at
htt://ww.fool.com/Server/printaricle.aspx&file=/press/about.htm (accessed

August 24, 2007).
27. EXHIBIT Q is a true copy of Rick Aristotle Munarz, Google's Sticky Little Fingers,
THE MOTLEY FOOL (May i i, 2006) available at

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http://ww.fool.com/server/Drintaricle.aspx?file=/investinglvalue/2006/05/11/l!oog
les-stickv-little-fingers.asDx (accessed Augut 24,2001).

28. Exhibit S is a true copy of 5 Questions with PreFound.com CEO Steve Mansfield,
REPRISE MEDIA (May 24,2006) available at

htt://ww.searchviews.comlindex.php/archives/2006/05/5-questions-withprefoundcom-ceo-steve-mansfield.phpprintJ (accessed Augus 24,2007).
29. EXHIBIT T is a tre copy orAbaut Reprise Media,

http://ww.reprisemedia.com/about.aspx (accessed Augut 24, 2007).
30. Exhibit U is a true copy or About Susan Kuchinskas, available at

htt://www.kuchinskas.comlaboutus.html (accessed August 24, 2007).
31. Exhbit V is a tre copy of About Us ˇCMP), available at

http://ww.cmp.com/aboutJěndex.ihtml (accessed August 24,2007).
32. Exhibit W is a tre copy of Susan Kuchikas, Prefound on Competing with

Google, THE 360 (Oct. 27, 2006) available at http://360techblog.comlprefound-oncompetěng-with-google/2006110127/ (accessed Augut 24,2007).
33. Exhibit X is a tre copy of Google Goes Multi-Lingual, THE OFFICIAL GOOGLE

BLOG (March 29,2007) available at

http://googleblol!.blogspot.com/2007 /03/gool!le-notebook-goes-multi-lingual.html

(accessed August 24,2007). 34. Exhbit Y is a true copy of Manual of Patent Examining Procedure §719 (USPTO,
8th Edition Revision 5, August 2006) available at

http://ww.uspto.flov/web/offceslpac/mpep/docurnents/0700719.htmsect719
(accessed August 24,2007) (Exhbit Y).
35. Exhibit Z is a tre copy of

THE 360, About the 360, available at

http://360techblol!,comJaboutJ (accessed Augut 24,2007).

36. Exhibit AA is a tre copy of American Heritage Dictionar (2000) available at
http://ww.barleby.com/61126/A0542600.html (accessed August 24, 2007).
37. Exhibit BB is a tre copy OfWHATIS.COM, URL, November 27, 1999,
http://web.arhive.orglweb/20000407 1 83835/http://ww.whatis.coml(visited

August 24, 2007).

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38. Exhibit CC is a true copy of Offce Action mailed Januar 28, 2004 (rejecting
application 09/594,786).
39. Exhibit DD is a tre copy of

Response to Januar 28,2004. Offce Action regarding

09/594,786.
40. Exhibit EE is a tre copy of

US Patent 6,567,830.

41. Exhibit FF is a true copy ofWHATIs.COM~ Plug-in (May 12,2003) available at
http://searchsmb.techtarget.comlsDefinitionlO..sid44gci212800.00.html( accessed

August 24, 2007).
42. Exhbit GG is a tre copy of WHAT is.

COM, Screen Shot (July 31,2001),

http://whatis.techtarget.com/definitionlO..sid9 gci497372.00.html (accessed August
24, 2007).

43. Exhibit HH is a true copy of Michael Kanellos Bio available at
http://ww.idema.org/ smarsite/modules/news/show news.ohp?cmd'-isolav&ne

ws id=1393 (accessed August 24,2007).
44. Exhibit II is a tre copy of

Michael Kanellos. The Scar Math Behind Web 2.0

(April 17, 2007) available at htí://news.com.com/830 1 -1 0784 3-97105 1 0-

7.html?parss&subi=news&tag=2547-1 3-0-20 (accessed Augut 24,2007)
45. Exhibit JJ is a true copy of

Rich Mieslen, The New York Times Newsroom

Navigator, NEW YORK Times (Februar 25, 2007) available at

http://tech.nvtimes.com/too/news/technology/cvbertimesnavigator/index.htm
(accessed August 24, 2007).

46. Exhbit KK is a tre copy of Search of the Google Blog for occurnces of the term uGoogle Notebook" from April i 7,2007 through August l7, 2007 at
http://blogsearch.google.comJlogsearch?as q=&num'" 1 O&hl=en&c2coff= 1 &as

OQ=&as eQ=&lr&safe=a ctive&q=%22google+notebook%22&ie=UTF-

8&as mind=17&as minm--4&as minv=2007&as maxd=17&as max=8&as m
axy=2007 &as drrb=b&ct

z=240&c 1 cr=%2FI7%2F2007 &c2cr=8%2F 17%2F2007 &btnD=Go (accessed

August 24, 2007).
47. Exhibit LL is a tre copy of

Tom Eid and Nikos Drakos, The Emerging Enterprise

Social Software Marketplace (abstract) (July 23, 2007) (search for aricles

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pertaining to social softare in htto://ww.garner.com/(search ru August 24,
2007).
48. Exhibit MM is a tre copy OfWIKIPEDIA, Gartner (August 3, 2007) available at

htto:/len.wikipedia.org/wiki/Garer (accessed August 24,2007).
49. Exhbit NN is a true copy of The Kentucky Derby Roundtable (May 5-6, 2006)
available at http://ww.prefound.comJroundtable (accessed August 24, 2007).
50. Exhibit 00 is a tre copy ofWIKIPEDlA, InfoWorld (April 30, 2007) available at

http://en. wikipedia.orglwiki/o World (accessed August 24, 2007).

51 . Exhibit PP is a true copy of Elizbeth Montalbano, Prefound com to Wed Social
Networks, Search, INFOWORLD (April

12, 2006) available at

htt://ww .infoworld.comlarchives/emaiIPrint. iso?R=orintThs&A=/aricle/06/04/1

2/77379 HNorefound 1.html (accessed August 24, 2007).
52. Exhbit QQ is a true copy of

Nasda Summar Quotes, Google, August 24, 2007,

available at

htto:/IQuotes.nasdaQ.comJaso/SumarOuote.asp?syrbol=GOOG&selected=GOO
G (accessed Augut 24, 2007).
53. Exhibit RR is a true copy of Ar Levy, Google Isn't Threatened by Slowdown,

Economist Says (Update2), BLOOMBERG (August 24,2007) available at

http://ww.bloomberg.comlapps/news?oid=conewsstory&reter=conews&tkrGOO

G:US&sid=awY5Vfl7.dX (accessed August 27, 2007).
54. Exhibit SS is a true copy ofWIKEDlA, Bloomberg L.P. (August 19, 2007)
available at htt://en.wikipedia.org/wiloomberg L.P. (accessed August 27,

2007).
55. Exhibit IT is a tre copy of

Paul R. LaMonica, What Google should do with its

$10 billon war chest, CNN MONEY (April 11,2006) available at http://monev.cnn.com/2006/04/ll/news/companies/lzoolZlecasbJindex.htm (accessed August 27, 2007).
56. Exhibit UU is a tre copy ofWIKIPEDIA, CNN (August 23,2007) available at

http://en.wikioedia.org/wiki/Cnn (accessed August 27, 2007).

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I declar the foregoing to be tre an acurate to th bet of my knowledge, infomitio~

belif. S1~~~'
Stephen Manel

Sworn to and subscbed before me, nota public. tlu z. 7 day of .~~ d ~-r ,2007.

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