Red Bend Software, Inc. et al v. Google

Filing 67

Assented to MOTION for Leave to File SURREPLY IN SUPPORT OF ITS OPPOSITION TO RED BENDS MOTION FOR A PRELIMINARY INJUNCTION by Google Inc.. (Attachments: # 1 Exhibit A - Surreply, # 2 Exhibit B - Second Manning Declaration, # 3 Exhibit B-38, # 4 Exhibit B-39, # 5 Exhibit B-40, # 6 Exhibit B-41, # 7 Exhibit B-42)(Magee, David)

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS RED BEND LTD. and RED BEND SOFTWARE INC., Plaintiffs, v. GOOGLE INC., Defendant. GOOGLE INC., Counterclaim-Plaintiff, v. RED BEND LTD. and RED BEND SOFTWARE INC., Counterclaim-Defendants. SECOND DECLARATION OF SUSAN BAKER MANNING IN SUPPORT OF DEFENDANT AND COUNTERCLAIM-PLAINTIFF GOOGLE INC.'S OPPOSITION TO RED BEND'S MOTION FOR A PRELIMINARY INJUNCTION I, Susan Baker Manning, declare as follows: 1. I am over 18 years of age. I am a partner of Bingham McCutchen CIVIL ACTION NO. 09-cv-11813

LLP, counsel for defendant and counterclaim-plaintiff Google Inc. I have personal knowledge of the facts stated herein, except those stated on information and belief, and, if called upon, could and would testify competently to them. I make this declaration in support of Google Inc.'s Surreply in Support of Its Opposition to Red Bend's Motion for a Preliminary Injunction. 2. Attached as Exhibit 38 is a true and correct copy of the Attorneys-

Eyes-Only confidential transcript of the April 2, 2010 deposition of Terry H. Korn, Red Bend's proffered economic expert. 3. Attached as Exhibit 39 is a true and correct copy of a document

received from the U.S. Patent and Trademark Office entitled "Decision Granting Ex Parte

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Reexamination." This document was produced with the bates numbers GOOG-00040016 through GOOG-00040043. 4. Attached as Exhibit 40 is a true and correct copy of the Attorneys-

Eyes-Only confidential portion of the transcript of the March 12, 2010 deposition of W. Christopher Bakewell, Google's economic expert. 5. Attached as Exhibit 41 is a true and correct copy of the public portion

of the transcript of the March 12, 2010 deposition of Mr. Bakewell. 6. Attached as Exhibit 42 is a true and correct copy of the confidential

portion of the transcript of the March 12, 2010 deposition of Mr. Bakewell. I declare under penalty of perjury that the foregoing is true and correct. Executed on April 8, 2010, in Washington, D.C.

Susan Baker Manning

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