Performance Pricing, Inc. v. Google Inc. et al

Filing 192

DEFENDANTS' JOINT RESPONSE BRIEF ON CLAIM CONSTRUCTION filed by Google Inc., AOL LLC, Microsoft Corp., and Yahoo! Inc. (Attachments: # 1 Declaration of Antonio Sistos ISO Defendants' Joint Response Brief on Claim Construction, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8)(Sistos, Antonio)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

PERFORMANCE PRICING, INC., Plaintiff, v. JURY TRIAL REQUESTED GOOGLE INC.; AOL LLC; MICROSOFT CORP.; AND YAHOO! INC. Defendants. Civil Action No. 2:07-CV-432-LED

DECLARATION OF ANTONIO R. SISTOS IN SUPPORT OF DEFENDANTS' JOINT RESPONSE BRIEF ON CLAIM CONSTRUCTION I, Antonio R. Sistos, declare and state as follows: 1. I am an attorney associated with the law firm Quinn Emanuel Urquhart Oliver &

Hedges, LLP and represent defendants Google Inc. and AOL LLC in this action. 2. 6,978,253 to Lin. 3. Attached hereto as Exhibit 2 is a true and accurate copy of portions of the Attached hereto as Exhibit 1 is a true and accurate copy of U.S. Patent No.

prosecution history of U.S. Patent Application 09/342,866 as produced by Plaintiff in this action and labeled by Plaintiff as P 00016-41, P 00076-132, P 00199-261, and P 00310-35. 4. 4,850,007 to Marino. Attached hereto as Exhibit 3 is a true and accurate copy of U.S. Patent No.

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5.

Attached hereto as Exhibit 4 is a true and accurate copy of excerpts from

Webster's Third New International Dictionary (2002), including the definitions of the words "scale" and "auction." 6. Attached hereto as Exhibit 5 is a true and accurate copy of excerpts from Random

House Unabridged Dictionary (1993), including the definition of the word "scale." 7. Attached hereto as Exhibit 6 is a true and accurate copy of excerpts from The

American Heritage Dictionary (2000), including the definition of the word "scale." 8. Attached hereto as Exhibit 7 is a true and accurate copy of excerpts from

Dictionary.com (2009), including the definition of the word "scale." 9. Attached hereto as Exhibit 8 is a true and accurate copy of Appendix A to

Plaintiff's First Amended Disclosure of Asserted Claims and Infringement Contentions under Patent Rule 3-1, as served by Plaintiff on June 9, 2008.

I hereby affirm, under the penalty of perjury of the laws of the United States, that the foregoing states are true and correct.

Dated: May 15, 2009

_______/s/ Antonio R. Sistos_____________ Antonio R. Sistos

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