Polaris IP, LLC v. Google Inc. et al

Filing 217

***FILED IN ERROR. FILED USING WRONG EVENT. PLEASE IGNORE.***SUR-REPLY to Reply to Response to Motion re 195 SEALED MOTION to Compel Production of Source Code filed by Yahoo!, Inc.. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Text of Proposed Order)(White, Jason) Modified on 11/4/2009 (ch, ).

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE, LLC, Plaintiff, vs. GOOGLE INC., et al., Defendants. DECLARATION OF JASON WHITE IN SUPPORT OF YAHOO'S SUR-REPLY IN RESPONSE TO BRIGHT RESPONSE'S MOTION TO COMPEL PRODUCTION OF SOURCE CODE 1. I am a partner with the law firm Howrey LLP, and counsel for Yahoo! Inc. I have Civil Action No. 2:07-cv-371-CE JURY TRIAL DEMANDED

personal knowledge of the pleadings and files in this matter. I have personal knowledge of the documents submitted with this declaration and, if called upon as a witness, could and would testify competently thereto. 2. Attached, as Exhibit 1, is a true and correct copy of a letter from me to nXn's

counsel dated October 15, 2009. 3. Attached, as Exhibit 2, is a true and correct copy of a letter from me to nXn's

counsel dated October 16, 2009. 4. Attached, as Exhibit 3, is a true and correct copy of a letter from me to nXn's

counsel dated October 26, 2009. 5. Attached, as Exhibit 4, is a true and correct copy of a letter from me to nXn's

counsel dated October 28, 2009. 6. Attached, as Exhibit 5, is a true and correct copy of a letter from me to nXn's

counsel dated November 1, 2009. -1-

7.

Attached, as Exhibit 6, is a true and correct copy of an email from me to nXn's

counsel dated October 21, 2009. 8. Attached, as Exhibit 7, is a true and correct copy of an email from me to nXn's

counsel dated November 3, 2009. 9. Attached, as Exhibit 8, is a true and correct copy of a letter from nXn's counsel

dated October 16, 2009. 10. Attached, as Exhibit 9, is a true and correct copy of a letter from nXn's counsel

dated October 27, 2009. 11. Attached, as Exhibit 10, is a true and correct copy of a letter from nXn's counsel

dated October 29, 2009. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief. Executed on November 3, 2009 in Chicago, Illinois. /s/ Jason White Jason White

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