WPIX, Inc. et al v. IVI, Inc. et al

Filing 39

DECLARATION of Ellen M. Bierman in Support re: 37 MOTION to Stay re: 35 Order on Motion for Preliminary Injunction,,,.. Document filed by IVI, Inc., Todd Weaver. (Attachments: # 1 Exhibit 1- PC Magazine, # 2 Errata 2- Cisco IPTV Headend)(Handwerker, Gavin)

WPIX, Inc. et al v. IVI, Inc. et al

Doc. 39

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK WPIX, INC., WNET.ORG, AMERICAN BROADCASTING COMPANIES, INC., DISNEY ENTERPRISES, INC., CBS BROADCASTING INC., CBS STUDIOS INC., THE CW TELEVISION STATIONS INC., NBC UNIVERSAL, INC., NBC STUDIOS, INC., UNIVERSAL NETWORK TELEVISION, LLC, TELEMUNDO NETWORK GROUP LLC, NBC TELEMUNDO LICENSE COMPANY, OFFICE OF THE COMMISSIONER OF BASEBALL, MLB ADVANCED MEDIA, L.P., COX MEDIA GROUP, INC., FISHER BROADCASTING-SEATTLE TV, L.L.C., TWENTIETH CENTURY FOX FILM CORPORATION, FOX TELEVISION STATIONS, INC., TRIBUNE TELEVISION HOLDINGS, INC., TRIBUNE TELEVISION NORTHWEST, INC., UNIVISION TELEVISION GROUP, INC., THE UNIVISION NETWORK LIMITED PARTNERSHIP, TELEFUTURA NETWORK, WGBH EDUCATIONAL FOUNDATION, THIRTEEN, and PUBLIC BROADCASTING SERVICE, Plaintiff, v. IVI, INC. and TODD WEAVER, Defendants.

Docket No. 10 Civ. 7415 (NRB)

SUPPLEMENTAL DECLARATION OF ELLEN M. BIERMAN IN SUPPORT OF MOTION TO STAY

1
Dockets.Justia.com

I, Ellen M. Bierman, hereby declare as follows: 1. I am an attorney and Member of Black Lowe & Graham, PLLC, with offices

located at 701 Fifth Avenue, Suite 4800, Seattle, WA 98005. I submit this Supplemental Declaration in connection with Defendants' Motion to Stay Preliminary Injunction Pending Appeal. 2. Attached as Exhibit 1 is a true and correct copy of the definition of "headend" as

provided by the online PC magazine encyclopedia of scientific and technical terms printed on February 28, 2011. It defines a headend as "The originating point in a communications system. In cable TV, the headend is where the cable company locates its satellite dish and TV antenna for receiving incoming programming. In online services, the headend is the service company's computer system and databases." 3. Attached as Exhibit 2 is a true and correct copy of exemplary online pages from

Cisco describing components for use in operating a headend for IPTV, printed on February 28, 2011. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Ellen M. Bierman February 28, 2011

2