Clark v. The Walt Disney Company et al

Filing 46

MOTION to Dismiss for Failure to Join a Necessary and Indispensable Party by Defendants Toys 'R Us, Jakks Pacific, Inc., Play Along Toys. Responses due by 6/11/2009 (Attachments: # 1 Affidavit Decl of M. Song, # 2 Exhibit 1 to Decl of M. Song, # 3 Exhibit 2 to Decl of M. Song, # 4 Exhibit 3 to Decl of M. Song, # 5 Text of Proposed Order) (Song, Michael)

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

AARON CLARK, Plaintiff, v.

Case No. 2:08-CV-982

District Judge John D. Holschuh THE WALT DISNEY COMPANY; JAKKS PACIFIC, INC.; PLAY ALONG TOYS; KB TOYS; TOYS `R US; BABYUNIVERSE, INC.; ETOYS DIRECT, INC.; and DISNEY SHOPPING, INC., Defendants. Magistrate Judge Mark R. Abel

DECLARATION OF MICHAEL J. SONG FILED IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO JOIN A NECESSARY AND INDISPENSABLE PARTY (FEDERAL RULE OF CIVIL PROCEDURE 12(b)(7))

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I, Michael J. Song, declare: 1. I make this declaration on the basis of personal knowledge and if called to testify

as a witness, I would and could testify competently hereto. 2. Attached hereto as Exhibit 1 is a true and correct copy of Plaintiff Clark's

Responses To Defendant JAKKS Pacific Inc.'s First Set Of Interrogatories. 3. In May 2009, I caused to be ordered from Reed Fax, a company specializing in

obtaining documents from the U.S. Patent & Trademark Office ("PTO"), copies of the Assignment Papers for U.S. Patent No. 5,548,272 ("the '272 patent"). 4. Attached hereto as Exhibit 2 is a true and correct copy of the Assignment Papers

for the '272 patent maintained at the PTO at Reel 9648 / Frame 0348 obtained from Reed Fax. 5. Attached hereto as Exhibit 3 is a true and correct copy of the Assignment Papers

for the '272 patent maintained at the PTO at Reel 010485 / Frame 0551 obtained from Reed Fax. I declare under the penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Dated: May 18, 2009 /s/ Michael J. Song Michael J. Song

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CERTIFICATE OF SERVICE I hereby certify that the counsel of record who are deemed to have consented to electronic service are being served today with a copy of this document via the Court's CM/ECF system per Local Rule 5.2. Any other counsel of record will be served by electronic mail, facsimile transmission and/or first class mail on this same date. Dated: May 18, 2009 Brian Edward Dickerson The Dickerson Law Group 5003 Horizons Drive Suite 200 Upper Arlington , OH 43220 614-339-5370 Fax: [phone] [e-mail] Kevin R Conners 5003 Horizons Drive Suite 101 Columbus , OH 43220 614-562-5877 [e-mail] Sharlene I Chance The Dickerson Law Group 5003 Horizons Drive Suite 200 Columbus , OH 43220 614-339-5370 Fax: [phone] [e-mail] /s/ Michael J. Song Attorneys for Plaintiff Aaron Clark

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