Polaris IP, LLC v. Google Inc. et al

Filing 339

RESPONSE in Opposition re 322 SEALED MOTION Emergency Supplemental Brief in Support of January 25, 2010 Motion to Compel Yahoo! Inc. to Comply with Court Order of November 5, 2009 and Produce Source Code in Native Format filed by Yahoo!, Inc.. (Attachments: # 1 Declaration of Scott Sherwin, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Declaration of Jennifer Doan, # 5 Exhibit 3, # 6 Exhibit 4)(Doan, Jennifer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE, LLC, Plaintiff, vs. GOOGLE INC., et al., Defendants. DECLARATION OF SCOTT SHERWIN 1. I am an associate with the law firm Howrey LLP, and counsel for Yahoo! Inc. I Civil Action No. 2:07-cv-371-CE JURY TRIAL DEMANDED

have personal knowledge of the pleadings and files in this matter. I have personal knowledge of the statement made in, and the documents submitted with this declaration and, if called upon as a witness, could and would testify competently thereto. 2. At the May 4, 2010 meet-and-confer, Bright Response stated that the only open

source code issue between the parties was the production of the click protection source code. 3. At no other time during the May 4, 2010 meet-and-confer, or since, has Bright

Response discussed any other source code production issue. 4. Attached as Exhibit 1 is a true and correct copy of a letter from Mr. Sherwin to

Mr. Weiss dated May 7, 2010. 5. Attached as Exhibit 2 is a true and correct copy of Bright Response's

Supplemental Infringement Disclosures against Yahoo! Inc., dated January 22, 2010.

DECLARATION OF SCOTT SHERWIN ­ Page 1

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief. Executed on May 24, 2010 in Chicago, Illinois. /s/ Scott Sherwin Scott Sherwin

DECLARATION OF SCOTT SHERWIN ­ Page 2