Function Media, L.L.C. v. Google, Inc. et al

Filing 91

RESPONSE in Opposition re 83 MOTION to Compel DISCOVERY INTO NON-ACCUSED TECHNOLOGY filed by Yahoo!, Inc.. (Attachments: # 1 Declaration of M. Lane ISO Opposition to MTC, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18)(Lane, Michael)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION FUNCTION MEDIA, L.L.C., Plaintiff, v. GOOGLE, INC. and YAHOO!, INC., Defendants. § § § § § § § § § § § §

CIVIL ACTION NO. 2-07CV-279

DECLARATION OF MICHAEL D. LANE IN SUPPORT OF YAHOO!, INC.'S OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY INTO NON-ACCUSED TECHNOLOGY I, Michael D. Lane, declare: 1. I am an associate at Weil, Gotshal & Manges, LLP, counsel for defendant,

Yahoo!, Inc. ("Yahoo"), in this litigation. The facts stated herein are true of my own personal knowledge and, if called as a witness, I could and would testify competently thereto. 2. Attached as Exhibit 1 is a true and correct copy of excerpts of Plaintiff's

Opposition to Defendants' Joint Motion for Leave to Further Supplement their P.R. 3-3 and 3-4 Disclosures, dated November 13, 2008. 3. Attached as Exhibit 2 is a true and correct copy of excerpts of Function

Media's Notice of First Rule 30(b)(6) Deposition of Yahoo!, dated January 8, 2008. 4. Attached as Exhibit 3 is a true and correct copy of excerpts of Yahoo!'s

Objections and Responses to Plaintiff's Notice of F.R.C.P. 30(b)(6) Deposition of Yahoo!, dated February 9, 2009. 5. Attached as Exhibit 4 is a true and correct copy of excerpts of Function

Media's letter to Yahoo!, dated March 7, 2008. 6. Attached as Exhibit 5 is a true and correct copy of excerpts of Function

Media's letter to Yahoo!, dated September 4, 2008. 7. Attached as Exhibit 6 is a true and correct copy of excerpts of Plaintiff's

First Set of Interrogatories to Yahoo!, dated August 25, 2008. 8. Attached as Exhibit 7 is a true and correct copy of excerpts of Yahoo!

Inc.'s Objections and Responses to Plaintiff's First Set of Interrogatories to Yahoo!, dated October 31, 2008. 9. Attached as Exhibit 8 is a true and correct copy of Function Media's

November 17, 2008 Letter to Yahoo!. 10. Attached as Exhibit 9 is a true and correct copy of excerpts of Function

Media's First Set of Interrogatories to Yahoo!, dated November 17, 2008. 11. Attached as Exhibit 10 is a true and correct copy of Yahoo!'s Objections

and Responses to Plaintiff's Second Set of Interrogatories to Yahoo!, dated December 17, 2008. 12. Attached as Exhibit 11 is a true and correct copy of Function Media's

December 30, 2008 Letter to Yahoo!. 13. Attached as Exhibit 12 is a true and correct copy of Yahoo!'s First

Supplemental Objections and Responses to Plaintiff's First Set of Interrogatories, dated February 20, 2009. 14. Attached as Exhibit 13 is a true and correct copy of Yahoo!'s February

20, 2009 Letter to Function Media. 15. Attached as Exhibit 14 is a true and correct copy of excerpts of Yahoo!'s

First Supplemental Objections and Responses to Plaintiff's Second Set of Interrogatories to

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Yahoo!, dated February 20, 2009. 16. Attached as Exhibit 15 is a true and correct copy of excerpts of the

transcript of Matthew Plummer's deposition taken on March 19, 2009 and March 20, 2009. 17. Attached as Exhibit 16 is a true and correct copy of the Court's Order in

Epicrealm v. Autoflex, 5-07-cv-00125, Dkt. No. 419, dated November 20, 2007. 18. Attached as Exhibit 17 is a true and correct copy of excerpts from the

claim charts served with Plaintiff's First Amended P.R. 3-1 Disclosure of Asserted Claims and Infringement Contentions and P.R. 3-2 Disclosures, dated March 6, 2008. 19. Attached as Exhibit 18 is a true and correct copy of the Court's Order in

Mass Engineering Design, Inc. v. Ergotron, 2:06-cv-272, Dkt. No. 195, dated January 8, 2008. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief. Executed on April 30, 2009, at Redwood Shores, California. DATED: April 30, 2009 /s/ Michael D. Lane Matthew D. Powers [e-mail] Douglas E. Lumish [e-mail] Jeffrey G. Homrig [e-mail] Michael D. Lane [e-mail] WEIL, GOTSHAL & MANGES LLP Silicon Valley Office 201 Redwood Shores Pkwy. Redwood Shores, CA 94065 Tel: [phone] Fax: [phone] ATTORNEYS FOR DEFENDANT YAHOO!, INC.

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CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a) on this April 30, 2009. As of this date, all counsel of record has consented to electronic service and are being served with a copy of this document through the Court's CM/ECF system under Local Rule CV-5(a)(3)(A). /s/ Michael D. Lane Michael D. Lane

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