Red Bend Software, Inc. et al v. Google

Filing 49

DECLARATION re 45 Opposition to Motion by Brian Bershad by Google Inc.. (Magee, David)

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Red Bend Software, Inc. et al v. Google Doc. 49 UNITED STATES DISTzuCT COURT DISTzuCT OF MASSACHUSETTS RED BEND LTD. and RED BEND SOFTWARE INC., Plaintiffs, v, CIVIL ACTION NO. 09-cv-11813 Defendant. GOOGLE INC., GOOGLE INC., Counterclaim-Plaintifl, v. RED BEND LTD. and RED BEND SOFTWARE INC., Counterc lai m-Defendants. DECLARATION OF BRIAN BERSHAD IN SUPPORT OF DEFENDANT AND COUNTERCLAIM.PLAINTIFF GOOGLE INC.'S OPPOSITION TO RED BEND'S MOTION FOR A PRELIMINARY INJUNCTION I, Brian Bershad, declare as follows: l. I am over l8 years ofage. I have personal knowledge ofthe facts stated herein, except those stated on information and belief, and, if called upon, could and would testiff competently to them. I make this declaration in support of Defendant and Counterclaim-Plaintiff Google Inc.'s Opposition To Red Bend's Motion For A Preliminary Injunction. 2. I am employed by Google as a Director of Engineering. I have worked at Google since 2007. My job responsibilities include managing engineers and engineering projects based in Mountain View, Seattle and Kirkland. 3. A/732638§3. I understand that Plaintif▀ Red Bend Ltd. and Red Bend Software, Inc. accuse the Courgette differential compression algorithm of infringing U.S. Patent No. I under my 6,546,522. Dr. Stephen Adams, one of the engineers working at Google Courgette code, along with supervision, developed the Courgette algorithm in 2008-09. The Courgette is subject to a the Chrome web browser code, is published as open source code. it on the Internet on BSD license. courgette was flrrst made publicly available by posting July 15,2009. 4. web Google uses Courgette as part of its process for updating Chrome the best of my knowledge, browsers running on Windows platform personal computers. To else' In particular' to the Google does not use Courgette in a Google product for anything part of a process for updating best of my knowledge, Google does not use courgette as platform' or any mobile telephones, including mobile telephones running the Android firmware or software installed on those telephones' 5. Courgette works only on the x86 instruction set and Microsoft create patches for Windows portable executable file format. That is, Courgette does not and details of the x86 software that will run on any other platform, and keys on formats to work. Based on this, instruction set and Windows portable executable file format in order I understand that Courgette is not appropriate for creating updates for mobile telephones, are different from x86 because mobile telephones use instruction sets and formats that instructions and Windows executables. 6. I am not aware of any third party use of the Courgette algorithm, or create updates for mobile any derivative software work based on the Courgette algorithm, to directed at third telephones. Nor am I aware of any specific encouragement by Google algorithm, to parties to use the Courgette algorithm, or any software based on the Courgette create updates for mobile telephones. 7 . web The version of Courgette that Google uses to update the Chrome same as what is published' browser running on Windows platform personal computers is the 2 A/73263853. I I declare under penalty of perjury that the foregoing is true and correct. Executed on February 25,2010, at Mountain View, Califomia. 3 A/732638§3. l CERTIFICATE OF SERVICE I hereby certify that this document(s) filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants on March 1, 2010. /s/ David M. Magee A/73307234.13/3005005-0000343244 - 32 -

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