Red Bend Software, Inc. et al v. Google

Filing 19

Response by Red Bend Software, Inc., Red Bend, Ltd. to 18 Opposition to 10 MOTION to Expedite Hearing & Emergency Motion of Google Inc. for Modification of the Preliminary Injunction Briefing Schedule. (Attachments: # 1 Exhibit Declaration of Yoram Salinger)(Cloherty, Daniel) Modified on 12/1/2009 (to correct text) (York, Steve).

Red Bend Software, Inc. et al v. Google

Doc. 19 Att. 1

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS EASTERN DIVISION RED BEND LTD., and RED BEND SOFTWARE INC., Plaint iffs, v. GOOGLE INC., Defendant. DECLARATION OF YORAM SALINGER IN OPPOSITION TO GOOGLE'S EMERGENCY MOTION FOR MODIFICATION OF THE PRELIMINARY INJUNCTION BRIEFING SCHEDULE

Civil Action No. 09-cv-11813-DPW

I, Yoram Salinger, declare as follows: 1. I make this declaration in support of Plaintiffs' opposition to Google's emergency

motion for modification of the preliminary injunction briefing schedule ("Google's Motion"). Unless stated as being upon information and belief, the statements made herein are of my own personal knowledge. 2. I am the Chief Executive Officer of Red Bend Software. My duties include

managerial responsibility for all of Red Bend's activities and operations. I incorporate herein the statements in my prior declaration in support of Red Bend's motion for a preliminary injunction, dated November 17, 2009. 3. In Google's Motion, Google states that Red Bend and Google "are not

competitors." This is incorrect. Although Google is active in many markets where Red Bend is not, Google does actively compete with Red Bend in providing software for generating and distributing updates to software and firmware running on mobile devices, such as mobile

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telephones.

Upon information and belief, several of Red Bend's actual and/or potential

customers have used or are considering use of Google's update software instead of Red Bend's update software to generate updates in a mobile phone environment. 4. Moreover, to the extent that Google, in its Motion, attempts to draw a distinction

between Chrome and the mobile phone market, I disagree. My experience is that any distinction is not material because the Internet connected PC market and mobile phone market have converged. Even Google agrees the markets are converging, as reflected by this screen shot taken from a recent Google presentation announcing their Chrome operating system:1

1

See http://www.youtube.com/watch?v=5JyFbF7QFlY#t=7m30s

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2