Polaris IP, LLC v. Google Inc. et al

Filing 490

RESPONSE in Opposition re 439 MOTION in Limine Number 2 (Testimony of Chuck Williams) filed by AOL, LLC., America Online, Inc., Google Inc., Yahoo!, Inc.. (Attachments: # 1 Affidavit of Todd Kennedy, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Affidavit of James Charles Williams, # 11 Exhibit A, # 12 Exhibit B, # 13 Exhibit C)(Perlson, David)

Polaris IP, LLC v. Google Inc. et al

Doc. 490 Att. 10

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE, LLC F/K/A POLARIS IP, LLC v. GOOGLE INC., et al. NO. 2:07-CV-371-TJW-CE

DECLARATION OF JAMES CHARLES WILLIAMS I, James Charles Williams, declare: 1. The facts set forth in this declaration are true and correct and of my personal

knowledge. If called as a witness, I could and would testify competently thereto. 2. In 1995, I co-founded Brightware, Inc., and became the company's chief

executive officer. I served in that capacity until approximately June 1999. 3. On July 15, 2010, I testified in the above-captioned case regarding EZ Reader, a

Brightware application that was developed and deployed while I was the CEO of the company. 4. Prior to my deposition, I collected a number of emails and documents for

production in response to a subpoena served by Bright Response. These emails and documents had been written by Brightware employees with personal knowledge of the acts and events discussed in the emails and documents. The emails and documents were prepared and maintained in the course of regularly conducted business activity at Brightware, and it was customary for Brightware employees to rely on the contents of such emails and documents in the usual course of the company's business. 5. In order to refresh my recollection prior to my deposition, I reviewed a number of

these emails and documents that were written at or near the time of EZ Reader's development
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and deployment. During my deposition, counsel for Bright Response asked me about some, but not all, of these emails and documents. 6. During my deposition, I testified that I believe EZ Reader was deployed at least

by the last weekend of March 1996. This testimony is based on my own personal knowledge of EZ Reader that I acquired as a result of my role as CEO of Brightware, which was refreshed by reviewing various emails and documents from the time period in question. For instance, I recall that Brightware submitted an article for publication to the IAAI, entitled "EZ Reader: Embedded AI for Automatic Electronic Mail Interpretation and Routing." The article, which is attached as Exhibit A to this declaration, states that "Phase I of EZ Reader was deployed in the first quarter of 1996, and handles up to 80% of incoming mail automatically, depending on message content." 7. I also recall reviewing and revising an article that was published in a San

Francisco newspaper and Chief Executive magazine, entitled "Artificial Intelligence on the Internet." A draft of the article, which I located while searching for documents responsive to the subpoena in this case, is attached as Exhibit B to this declaration. The draft states that "Chase Manhattan Bank uses an AI system on the Internet to automatically respond to incoming email questions from customers and prospects." Based on my familiarity with the EZ Reader project, this statement is referring to the deployment of EZ Reader. I recall that this article was drafted in the first quarter of 1996, and I specifically recall suggesting that the Chase example could be added to the article. 8. During my time at Brightware, I became familiar with the email and document

system that that the company used. In 1996, the routing and delivery of Brightware's emails was performed by a Microsoft Mail application. As shown in Exhibit C to this declaration, I became sufficiently familiar with this system that, in March of 1996, I assisted other Brightware

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