Skyhook Wireless, Inc. v. GOOGLE, INC.

Filing 67

AFFIDAVIT of Samuel K. Lu re 66 Opposition to Motion by Google Inc. to Preclude Presentations by Fact Witness at the Technology Tutorial by Skyhook Wireless, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Lu, Samuel)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
SKYHOOK WIRELESS, INC.,
Plaintiff and CounterclaimDefendant,
v.
GOOGLE INC.,
Defendant and
Counterclaimant.

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Civil Action No. 1:10-cv-11571-RWZ
DECLARATION OF SAMUEL K. LU
IN SUPPORT OF SKYHOOK
WIRELESS, INC.'S OPPOSITION TO
DEFENDANT GOOGLE INC.'S
EMERGENCY MOTION TO
PRECLUDE PRESENTATIONS BY
FACT WITNESS AT THE
TECHNOLOGY TUTORIAL

I, Samuel K. Lu, declare as follows:
1.

I am an attorney at the law firm of Irell & Manella LLP ("Irell & Manella"),

counsel to plaintiff Skyhook Wireless, Inc. ("Skyhook"). I am a member in good standing of the
State Bar of California, and have been admitted to the Bar of this Court for the purpose of this
litigation. I submit this declaration in connection with Skyhook's opposition to Google Inc.'s
("Google's") emergency motion to preclude presentation by Skyhook founder and CEO Ted
Morgan at the technology tutorial scheduled for October 21, 2011. I have personal knowledge of
the matters set forth in this declaration and, if called as a witness, could testify to its contents.
2.

On December 14, 2010, I attended a scheduling conference for this litigation.

3.

At that scheduling conference, no decision was reached regarding whether the

tutorial could be presented by an inventor of the patents in suit or by persons other than counsel.
4.

On September 19, 2011, I took a call from William F. Abrams, counsel for Google,

regarding the technology tutorial.
5.

During the call, the parties discussed the possibility of a joint technology tutorial.

There was no discussion or agreement regarding who would conduct the technology tutorial.
6.

Attached hereto as Exhibit 1 is a true and correct copy of an e-mail from Susan

Baker Manning, counsel for Google, which was received on October 13, 2011 at 6:43 PM EDT.

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7.

Attached hereto as Exhibit 2 is a true and correct copy of an e-mail from Susan

Baker Manning, counsel for Google, which was received on October 13, 2011 at 7:07 PM EDT.
Executed on October 16, 2011, at Los Angeles, California.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
/s/ Samuel K. Lu
Samuel K. Lu

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Certificate of Service
I, Samuel K. Lu, hereby certify that this document filed through the ECF system will be
sent electronically to the registered participants as identified on the Notice of Electronic Filing
(NEF) on October 16, 2011.
/s/ Samuel K. Lu
Samuel K. Lu

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