Software Rights Archive, LLC v. Google Inc. et al

Filing 118

SUR-REPLY to Reply to Response to Motion re 66 MOTION to Dismiss for Lack of Standing filed by Software Rights Archive, LLC. (Attachments: # 1 Exhibit Table of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 8, # 11 Exhibit Exhibit 10, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 12, # 14 Errata Exhibit 13, # 15 Exhibit Exhibit 14, # 16 Exhibit Exhibit 15, # 17 Exhibit Exhibit 16, # 18 Exhibit Exhibit 17, # 19 Exhibit Exhibit 18, # 20 Exhibit Exhibit 19, # 21 Exhibit Exhibit 20, # 22 Exhibit Exhibit 21, # 23 Exhibit Exhibit 22, # 24 Exhibit Exhibit 23, # 25 Exhibit Exhibit 24, # 26 Exhibit Exhibit 25, # 27 Exhibit Exhibit 26, # 28 Errata Exhibit 27)(Duvvuri, Narasa)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS

MASHALL DIVISION
4 SOFTWARE RIGHTS ARCHIVE, LLC
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v.
GO

Civil Case No. 2 : 07 - cv - 5 i i (CE)

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INC. , lAC SEARCH & MEDIA, INC. , AOL, LLC, AND LYCOS, INC.
OGLE

INC. ,

YAHOOl

a
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October i, 2008 9:47 a.m.

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11 The Videotaped Deposition of J. CHRISTOPHER

12 LYNCH, taken pursuant to notice on behalf of the

13 Defendants, at the Marriott Hotel at Research
14 Triangle Park, 4700 Guardian Drive, Durham, North

15 Carolina 27703, before Suzanne G. Patterson,
16 Registered Professional Reporter and Notary Public.
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__c,

EXHIBIT 22

Doerner & Goldberg -- A Veritext Company
Florham Park, NJ -- Shrewsbur, NJ [phone]

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name change with the U.S. Patent Offce? A. We -- I assume this is what you're interested in -- we also fied an assignment from Slash to Daniel Egger. Q. And when did you do that? A. In Februar 2005. Q. I'm going to hand you what's been marked as
Exhibit 42.

A. Yes.

your Declaration, you Q. And in paragraph 3 of talk about the purpose of filing the 2005 Slash
assignment; is that correct?

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A. That's correct.
Q. And you state in par that the purpose of

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12 13 Q. What is it? 14 from Slash to Daniel A. It is a patent assignment 15 Egger with respect to the 494 and 352 patents. 16 this assignment? Q. Okay. And what's the date of 17 A. Executed February 11,2005. 18 Q. If you look at the first page, it appears that this assignment was fied by your colleague, Mr. Jones 19 with the U.S. Patent Offce assignent deparent; is 20

(Lynch Exhibit 42 marked for identification.) BY MR. BAKER: Q. Do you recognize that document? A. Yes, I do.

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that right? A. That's correct. Q. Is it okay if! refer to this as the 2005 Slash assignment? A. Yes.
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filing the 2005 Slash assignment was not to correct any defect in the name of the par on the instrument; is that correct? A. That's correct. Q. I guess, later in the Declaration, in paragraph 4, you state that your intention was to fie a replacement assignment reflecting the previous transaction; is that right? A. That's right. Q. And the previous transaction you're referring to there is the 1998 bil of sale and assignment that we talked about earlier; is that right? A. That's right. Q. And earlier we also -- we can also agree that you had tried to locate a copy of the 1998 bil of sale and assignment both within your firm and from Mr. Egge at this time in 2005; is that correct? A. That's correct. Q. And you could not locate a copy; is that right?
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Q. And, again, you were -- you supervised your staff in the preparation of this assignment; is that right? A. That's correct. Q. Now, this assignment lists two patents on the final page on schedule A; is that right? A. That's correct. Q. Do you know why it doesn't list the third patent that we were talking about earlier today,I think it was the 571 patent? A. That patent was already listed as being in Daniel Egger's name. Q. And why then did you not need to include it in the 2005 Slash assignment? A. The assignments, the 2005 assignments were fied for the purose of recording record ownership of these two patents in Daniel Egger's name. Ultimately, what the client had requested us to do was to transfer three patents from Daniel Egger's name to SRA. Thest two patents reflected in the 2005 assignment were not
recorded as being in Daniel Egger's name. So the

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A. That's correct. Q. SO you decided to file the 2005 Slash

assignment to replace the 1998 bil of sale and assignment; is that right?
A.
Not exactly. The purpose of

the 2005

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assignment was to, not to replace the 1998 bil of sale and assignment but to bring the PTO ownership records current with what we believed to be the actual state of
ownership, that is, ownership by Daniel Egger. The

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1998 assignment, in my opinion, reflected -- caused the transfer of ownership ofthe patents to Daniel Egger, the PTO assignment records did not reflect the
underlying ownership of

the patents. So the purose of

the assignments was to correct the PTO records which we
believe to be an incorrect reflection of the tre state

assignments were to cause the record to reflect the those patents by Daniel Egger. ownership of
Q.
Now, if

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of ownership. Q. Again, why was it necessar to -- why did you want the PTO records to be correct with respect to the ownership of the asserted patents here? A. Ultimately, the original client's request was to cause the transfer of ownership ofthe patents from

Daniel Egger to Softare Rights Archive. In effecting that transfer of ownership, we wanted -- we felt it was
necessar to record an assignment from Daniel Egger to

you'd tae out your Declaration,

please.

SRA, but it would not have been possible for us to fie

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Doerner & Goldberg -- A Veritext Company
Florham Park, NJ -- Shrewsbur, NJ [phone]

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ERRTA SHEET

PAGE/INE CHANGE TO:

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Signature of

Deponent

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Sworn to and subscribed before me

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This_day

of
County.

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2008 in

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Nota Public
My commission expires:

179

1 CERTIFICATE
2 STATE OF NORTH

COUNY OF DUR:
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CAROLINA:

I, Suzane G. Patterson, do hereby certify that I
4 placed under oath the deponent, Chrstopher Lynch, at

the time and place herein designated.
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Witness my hand this 6th day of October, 2008.
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9 Notar Public; County of

Suzane O. Pattrson, RPR Wake
State ofNort Carolina

10 My Commission Expires: 915/2010
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12 I, Suzanne O. Pattrson, Registered Professional
Reporter, certfy that I wa authorized to and did
13 stenographically report the foregoing proceedings at

the time and place herein designated; and that the

14 foregoing pages constitute a tre, complete and
accurate transcription of my said stenotype notes.
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I furher certify that I am not of counsel for,
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related to, or employed by any part hereto or attrney

involved herein, nor am I financially interested in the
outcome of ths action.

Witness my hand this 6th day of October, 2008.
Suzanne O. Patterson, RPR

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Nota Public, Wake County
State ofNorth Carolina My Commission Expires: 915/2010

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Doerner & Goldberg -- A Veritext Company
Florham Park, NJ -- Shrewsbur, NJ [phone]