Polaris IP, LLC v. Google Inc. et al

Filing 460

MOTION in Limine Number 1 (Uncharted Prior Art References): Motion to Preclude Defendants' Reliance on or Reference to Uncharted Prior Art References (EZ Reader Manual and CBR Express Manuals) and Hearsay by Bright Response LLC. (Attachments: # 1 Affidavit Wiley Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E PART I, # 7 Exhibit E PART II, # 8 Exhibit E PART III, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Text of Proposed Order)(Spangler, Andrew)

Polaris IP, LLC v. Google Inc. et al

Doc. 460 Att. 1

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 ELIZABETH A. WILEY My name is Elizabeth A. Wiley. I am a member of the State Bar of Texas, with The Wiley Firm PC, and one of the counsel of record for Bright Response, LLC ("Bright Response") in the above-referenced action. The facts recited below regarding documents and correspondence maintained in the files for this case are true and correct and if called upon to testify I would truthfully testify thereto. 1. Exhibit A is a true and correct copy of the EZ Reader article published by

the American Association for Artificial Intelligence. 2. Exhibit B is a true and correct copy of the conference information as that

document exists in our files, which shows a date of August 5, 1996. 3. Exhibit C is a true and correct copy of Defendants' P.R. 3-3 Invalidity

Contentions dated August 7, 2008. 4. report. 5. Exhibit E is a true and correct copy of Defendants' original invalidity Exhibit D is a true and correct copy of an excerpt from Dr. Branting's

contentions from August 2008.

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6.

Exhibit F is a true and correct copy of Chart A-4 which was provided in

Google and AOL's Supplemental P.R. 3-3 Invalidity Contentions in March 2010, and comprises the"EZ Reader" exhibit. 7. Exhibit G is a true and correct copy of the redline chart that Google and

AOL submitted to Plaintiff for consent before supplementing P.R. 3-3 Invalidity Contentions and on which the current operative chart for A-4 is based as identified above in Exhibit A-6. 8. Exhibit H is a true and correct copy of an email from Yahoo counsel Scott

Sherwin dated April 30, 2010 regarding proposed joint supplementation for all Defendants, including Yahoo. 9. Exhibit I is a true and correct copy of excerpts from the Branting report

concerning EZ Reader. 10. Exhibit J is a true and correct copy of a letter from John Edmonds,

previous counsel to Bright Response, to Defendants' counsel, dated January 19, 2009. 11. Exhibit K is a true and correct copy of excerpts from Exhibit 3 of the

expert report of Dr. Branting. I declare under penalty of perjury that the above information is true and correct. Executed this 22nd day of July, 2010, in Austin, Texas. /s/ Elizabeth A. Wiley Elizabeth A. Wiley

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