Polaris IP, LLC v. Google Inc. et al

Filing 371

RESPONSE in Opposition re 370 MOTION to Stay Yahoo! Inc.'s Motion For A Limited Stay Pending The Resolution Of Yahoo!'s Petition For Writ Of Mandamus To The Federal Circuit filed by Bright Response LLC. (Attachments: # 1 Affidavit of Elizabeth Wiley, # 2 Exhibit A to Wiley Declaration, # 3 Affidavit of Andrew Weiss)(Wiley, Elizabeth)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE, LLC v. GOOGLE INC., et al. NO. 2:07-CV-371-CE JURY

DECLARATION OF ANDREW D. WEISS IN SUPPORT OF BRIGHT RESPONSE, LLC'S RESPONSE IN OPPOSITION TO YAHOO! INC.'S MOTION FOR A LIMITED STAY PENDING THE RESOLUTION OF YAHOO!'S PETITION FOR WRIT OF MANDAMUS TO THE FEDERAL CIRCUIT I, Andrew D. Weiss, declare and state as follows: 1. I am a member of the State Bar of California and an associate at the firm

of Russ, August & Kabat, counsel of record for Plaintiff Bright Response, LLC in the above-captioned action. I have personal knowledge of the facts set forth herein, and if called upon to testify, could and would testify competently thereto. 2. I have reviewed the documents that Yahoo produced in support of its

motion for partial reconsideration of the Court's June 8, 2010 discovery order and they are inadequate in providing meaningful information about the operation of the Click Protection System. Further, despite representations from Yahoo that a 30(b)(6) witness is designated and can and will provide all necessary information regarding the Click Protection System source code that would obviate the need for Yahoo to produce certain portions of that source code, Yahoo still has not provided Bright Response with a date for this deposition.

3.

I declare under penalty of perjury pursuant to the laws of the United States

that the foregoing is true and correct. Executed this 21st of June, 2010 at Los Angeles, California

By: /s/ Andrew D. Weiss Andrew D. Weiss

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