1st Technology LLC v. Rational Enterprises Ltda. et al

Filing 57

DECLARATION of Victor de Gyarfas in support of 55 opposition to 1st Technology LLC's "Emergency Motion for Permanent Imjunction by Defendants Bodog Entertainment Group S.A., Bodog.net, Bodog.com. (Attachments: # 1 Exhibit # 2 Exhibit # 3 # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit # 14 Exhibit # 15 Exhibit # 16 Exhibit # 17 Exhibit # 18 Exhibit # 19 Exhibit # 20 Exhibit # 21 Exhibit # 22 Exhibit # 23 Exhibit # 24 Exhibit # 25 Exhibit # 26 Exhibit # 27 Exhibit)(McCrea, Jr., Charles) Modified to add docket relationship on 10/1/2007. (MAJ)

1st Technology LLC v. Rational Enterprises Ltda. et al

Doc. 57

Case 2:06-cv-01110-RLH-GWF

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Charles McCrea (NV State Bar No. 104) LIONEL SAWYER & COLLINS 1700 Bank of America Plaza 300 South Fourth Street Las Vegas, Nevada 89101 Tel [phone] Fax [phone] [e-mail] James D. Nguyen (CA State Bar No. 179370) Victor de Gyarfas (CA State Bar No. 171950) Uleses C. Henderson, Jr. (CA State Bar No. 225246) Pro Hac Vice Applications To Be Submitted FOLEY & LARDNER LLP 2029 Century Park East, 35th Floor Los Angeles, California 90067-3021 Tel: [phone]; Fax: [phone] [e-mail] [e-mail] Attorneys for Specially Appearing Defendants BODOG ENTERTAINMENT GROUP S.A., and erroneously named Specially Appearing Defendants BODOG.NET and BODOG.COM UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 1ST TECHNOLOGY LLC, Plaintiff, vs. RATIONAL ENTERPRISES LTDA., RATIONAL POKER SCHOOL LIMITED, BODOG ENTERTAINMENT GROUP S.A., BODOG.NET, BODOG.COM, AND FUTUREBET SYSTEMS LTD., Defendants. Case No: 2:06-cv-1110-RLH-GWF DECLARATION OF VICTOR DE GYARFAS IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFF 1ST TECHNOLOGY LLC'S "EMERGENCY MOTION FOR PERMANENT INJUNCTION" Date: October 11, 2007 Time: 9:00 a.m. Courtroom: 6C

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Case 2:06-cv-01110-RLH-GWF

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DECLARATION OF VICTOR DE GYARFAS I, Victor de Gyarfas, declare as follows: 1. 2. 3. I am over eighteen years of age. I have personal knowledge of the facts I am an attorney at law, duly licensed to practice before all the courts of the I am a partner at the law firm of Foley & Lardner LLP, counsel for contained herein. If called upon to testify, I could and would competently testify hereto. State of California. Defendants, Bodog Entertainment Group S.A., Bodog.Net and Bodog.com (hereinafter "Defendants"). 4. Injunction". 5. 6. 7. 8. 9. 10. 11. 12. Attached hereto as Exhibit 1 is a true and correct copy of .the Complaint. Attached hereto as Exhibit 2 is a true and correct copy the Patent. Attached hereto as Exhibit 3 is a true and correct copy of the Docket for Attached hereto as Exhibit 4 is a true and correct copy of the Docket for Attached hereto as Exhibit 5 is a true and correct copy of the Docket for Attached hereto as Exhibit 6 is a true and correct copy of the Docket for Attached hereto as Exhibit 7 is a true and correct copy of the Docket for Attached hereto as Exhibit 8 is a true and correct copy of Law.com article ­ I make this declaration in support of Defendants' Opposition to Plaintiff 1St Technology LLC's (hereinafter "Plaintiff") "Emergency Motion for Permanent

2:06-cv-00323-LDG-RJJ as of September 6, 2007. 2:07-cv-00475-RCJ-LRLl as of September 6, 2007. 2:06-cv-01650-JCM-GWF as of September 6, 2007. 2:04-cv-01003-RLH-PAL as of September 6, 2007. 2:05-cv-00788-RLH-GWF. "Meet the Original Patent Troll". 1

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Attached hereto as Exhibit 9 is a true and correct copy of Findarticles.com

article ­ "Chartwell Technology Inc. Enters Into Technology License Agreement with 1st Technology LLC". 14. Attached hereto as Exhibit 10 is a true and correct copy of Findarticles.com article ­ "Excapso Subsidiary Latest License for Advanced Multimedia Technology; Industry Leader Gains Access to 1st Technology Patents". 15. 16. 17. 18. 19. Execution. 20. 21. 22. 23. 24. Attached hereto as Exhibit 18 is a true and correct copy of Plaintiff's Motion Attached hereto as Exhibit 19 is a true and correct copy of Defendants' Attached hereto as Exhibit 20 is a true and correct copy of Plaintiff's Reply Attached hereto as Exhibit 21 is a true and correct copy of Defendants' Attached hereto as Exhibit 22 is a true and correct copy of (Plaintiff's) 2 for Writ of Execution Re Replacement (Additional) Domain Names. Opposition to Motion for Writ of Execution Re Replacement (Additional) Domain Names. In Support of Writ of Execution Regarding Additional Domain Names. Supplemental Memorandum Re: Cross-Motions Concerning Plaintiff's Writ of Execution. Attached hereto as Exhibit 11 is a true and correct copy of Plaintiff's Motion Attached hereto as Exhibit 12 is a true and correct copy of King County Attached hereto as Exhibit 15 is a true and correct copy of Defendants Attached hereto as Exhibit 16 is a true and correct copy of Plaintiff's Attached hereto as Exhibit 17 is a true and correct copy of Defendant's for Writ of Execution Re Domain Names. Superior Court's Order Granting Motion for Writ of Execution Re Domain Names. Amended Motion for Relief from Enforcement of Plaintiff's Writ of Execution. Opposition to Bodog's Motion for Relief from Enforcement of Writ of Execution. Reply In Support of Amended Motion for Relief from Enforcement of Plaintiff's Writ of

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Additional Briefing Regarding Injunctive Relief Sought by 1st Technology LLC. 25. 26. 27. 28. 29. Attached hereto as Exhibit 23 is a true and correct copy of [Proposed] Order Attached hereto as Exhibit 24 is a true and correct copy of BMC Resources Attached hereto as Exhibit 25 is a true and correct copy of an e-mail dated Attached hereto as Exhibit 26 is a true and correct copy of Paice LLC v. Attached hereto as Exhibit 27 is a true and correct copy of Voda v. Cordis Regarding Cross Motions Regarding Writ of Execution. v. Paymentech, L.P., Case No. 2006-1503 (Fed. Cir. Sep. 20, 2007). September 24, 2007, from Marci Parducci, Bailiff to the Honorable John P. Erlick. Toyota Motor Corp., 2006 WL 2385139 (E.D. Tex.). Corp., 2007 WL 2570614 (W.D. Okla.). I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 27th day of September, 2007 at Los Angeles, California. /s/ Victor de Gyarfas

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