Timebase Pty Ltd v. Thomson Corporation, The

Filing 233

Declaration of Mary V. Sooter in Support of 232 Memorandum in Support of Motion filed by Thomson Corporation, The, West Publishing Corporation, West Services. (Attachments: # 1 Placeholder for Ex. 1, # 2 Placeholder for Ex. 2, # 3 Placeholder for Ex. 3, # 4 Placeholder for Ex. 4, # 5 Placeholder for Ex. 5, # 6 Placeholder for Ex. 6, # 7 Placeholder for Ex. 7, # 8 Exhibit(s) 8, # 9 Exhibit(s) 8, # 10 Placeholder for Ex. 9, # 11 Exhibit(s) 10, # 12 Exhibit(s) 11, # 13 Exhibit(s) 12) SEALED DOCUMENTS RECEIVED IN CLERKS OFFICE ON 7/1/11. (Wagner, Kevin) Modified on 7/7/2011 (akl).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
TIMEBASE PTY LTD.,

Civil No. 07-1687 (JNE/JJG)
Plaintiff,
DECLARATION OF MARY V.
SOOTER

vs.
THE THOMSON CORPORATION,
WEST PUBLISHING CORPORATION,
and WEST SERVICES, INC.,
Defendants.

Declaration of Mary V. Sooter:
1. I, Mary V. Sooter, am an attorney with the law firm of Faegre & Benson LLP, am
licensed to practice in the State of Colorado, am admitted pro hac vice to represent
defendants in this case before this Court.
2. This declaration is submitted in support of Defendants’ Memorandum in Support of
Their Motion for Summary Judgment.
3. Attached hereto as Exhibit 1 is a true and correct copy of excerpts from the Transcript
of the Deposition of Ophir Frieder, which took place on June 10, 2011. This exhibit
is filed under seal.
4. Attached hereto as Exhibit 2 is a true and correct copy of Plaintiff’s Supplemental
Infringement Claim Charts dated January 8, 2010. This exhibit is filed under seal.
5. Attached hereto as Exhibit 3 is a true and correct copy of the Expert Report of Ophir
Frieder dated February 28, 2011. This exhibit is filed under seal.

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6. Attached hereto as Exhibit 4 is a true and correct copy of excerpts from the
Deposition Transcript of Darla Agard dated October 21, 2010. This exhibit is filed
under seal.
7. Attached hereto as Exhibit 5 is a true and correct copy of document
THOM00135959–69 produced by defendants during the course of discovery and cited
by Dr. Frieder in his expert report. This exhibit is filed under seal.
8. Attached hereto as Exhibit 6 is a true and correct copy of document
THOM00223257–317 produced by defendants during the course of discovery and
cited by Dr. Frieder in his expert report. This exhibit is filed under seal.
9. Attached hereto as Exhibit 7 is a true and correct copy of the document marked as
Exhibit 4 during the June 10, 2011 deposition of Dr. Ophir Frieder. This exhibit is
filed under seal.
10. Attached hereto as Exhibit 8 are true and correct screen shots from Westlaw of 100
statutes from various jurisdictions. These screen shots were captured from the
accused Westlaw system on June 29, 2011. They are all prior versions of statutes
(portions of text-based data in Westlaw), which have been superceded by later
versions of statutes (modified portions of text-based data in Westlaw). They were
obtained from the following Westlaw databases CA-ST-ANN (California Statutes
Annotated); NY-ST-ANN (New York Statutes Annotated); PA-ST-ANN
(Pennsylvania Statutes Annotated); TX-ST-ANN (Texas Statutes Annotated).

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11. Attached hereto as Exhibit 9 is a true and correct copy of TimeBase’s Supplemental
Response of October 29, 2010 to Defendants’ Interrogatories 9 and 10. This exhibit is
filed under seal.
12. Attached hereto as Exhibit 10 is a true and correct copy of U.S. Patent No. 6,233,592
B1.
13. Attached hereto as Exhibit 11 is a true and correct copy of U.S. Patent No. 7,293,228
B1.
14. Attached hereto as Exhibit 12 is a true and correct copy of the Ex Parte
Reexamination Certificate for U.S. Patent No. 7,293,228 C1.

I declare under penalty of perjury that the foregoing is true and correct.

Dated: June 30, 2011

/s/

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Mary V. Sooter
Mary V. Sooter