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 TB UN STATE DISTRCT COURT FOR TH EAS DISTRCl OF TEXAS . MA DIVION § § .~ § knowledge an SOFTAR RIGHT ARCI, LLC § Plalatiff, § § Civ Aeoa No.2:07-e-Sit-TJW . nd LYCO, INC. § GOLE INC., YAHOO! INC., § lAC SEcø.. MEIA INC., AOL LLC, § Defendap1s. § § JUy TR DEMAED DEC.LTION 0' JEY Eß AU I, Jeft Fralin An. unde pety of pe, her make the following declarion. AU fact se fort herin are tne átd corrt. and I make this declaion ba upon my penal upo review of corprate re: 1. . I becae the Chief Exutive Offce of Deltaoint, rncJSiæ Teobnlogies Inc. ("Site Tech'') on Ma 24, 1997. I also served as Chief Fincial Offcer and Dir of Site Tech since Sept(ber 2, i 997. I was also. the Preident end Chief Exective Offcer and . Secre of the corpe shell of th Delawar corpratin, Sitechnologiese. . ("Siteleèh''), frm the time th Site Tech acui its stock and asset until its reaiing corrate shell was merged with Site Tech in 2000. I wa also at ties thoSole diror of Sitech as well as the offcial "reponsible per" in the baptcy of Sit Tech. 2. On July 11, 199, Site Tech acui Siteech from Daniel Egger and other . stkholdes. At that time, Sit Tech's naie was Deltaint. rnc. The puse of this trsaion was to merge the busines of Sitech into Deltapoint. Inc. In this trtioò, EXHIBIT 2 t--- Deltoint dirtly acuir all outsdin stk of Siteob and all of the the-exsting as of the company, including its patents and tremarks. Deltaint adopted the name of ''Site Technlogies, Inc." frm Sitec and began conducting business un Sitefee's tromaks. wlliçh wer direly acquired in the trction as assets of Site Tech, and contiued developing the prouct which were th foner busines of Sitefec All former opeions of Sitech bee opeons of Site Tec and the forer emloyees of Sitech becae th _. employees of Sit Tech to the extnt th these employees remai in the organizion. Site Tech adopted and employed Slteech's website, emil addrss and other prope as it own, and reprete th it owned them. Afr the July 11, 1997 acuisitioPt Sitech Jacke any substial independent opetion or business from th of Site Tech. It did not design, prouce maret, or sell anyting, and it ha no significat indepedent cos or revenues. Furer. Site Tech conduct Siteech's few rei:ing buines afir on Site/ec's behalf. Site Teçb pre colida fiancial stents for the compaies, and Sit Tech maied Sitelech's ta recrd. 3. Sitellech did not observe corprate formalities. Sittrecb held no dirctor meein or shaholder meeings. Site/eoh made no decisions, and took no acon sear frm Site Tech's bak accoun frm Site Tech. Sitec maintaine no ban acunt separe Sitelech did not segregate any aset frm Site Tech's asts; inst, Site Tech reprnted that it acquir all ofSitelech's asts on July 1 i, 1997, inluding its patents. Siteech did not segrte its corpra recrds frm those of Sit Tech. In fa, Siteleçh mainin no searte corpra records. 4. My undeanin of th corrae rerd is that on July 8, 1997, the chae of control provision of the Certificate of Incorpration of Site/ccb was amended in conn~tion 2 wit the acuisition to invoke the liquidation prvisions of th Cerifica of Incorpraon upon exulion oran agrment th sold substialy all the stk of the compay. Atthed is a tre and cort copy otth amendment to th Certficate ofInoorpon. The asts including the patets, wer trsfer to Sit Tech an asts wee in façt held by Site Tech afr th acuiition. 5. On September 16, 1998, Sit Tech sold and asgn among other things U.S. Patt No. 5,544,352, and relat applications and fu paents (which include U.S. Patt Nos. 5,832,494 and 6,233,571) to Daniel Egger (the "Paents''). Daniel Egger pad $100.000 for the .Patents. 6. I was the chief coorae offcer of both Site Tech entities th eonttolled and lat sold al of the as on behalf of both Site Tech entities in severa trtiol1 with difft parie that were originally acui frm Daniel Egger and his invesors. At the time of the execution of the 1998 BiU of Sale and Assignent th asigned the Pats to Daniel Egger, I was the CEO of both Sit Tech and Siteech and was fully authori by bo compaÎ~ to asign th Patts to Danel Egg. It was my intet. as well as the inte of al the Site Tech entities, to trsfer the Patents to Dael Egg thugh 1Ie 1998 Bil of Sale and Assigment. After the sale, neither Sit Tech entit carried the Pats on their books an both regnizd the valdity of the 1998 Bil of Sale and Assignent and tht the Pat had ben trsfer to Danel Egger thug these contrts. I als deliver the other V -Seårh prouct and code due unde the i 998 But of Sale to Daniel Egger on behalf of the Sit Tech entities. To the exent tl th is any quesion as to wheer the Patents we asigned to Daniel Egge. the Site Tech entities do not claim any title to the Patts and have long disclaid an ownhip in fàvor of Daniel Egger. This includes Siteeçb, which ratied 1ho 1998 Bil of Sale and Asignent an 3 Site Tech's authorit and rit to trsfer the pats in those documents on behalf of'all Site Tech entities a long time ago. 7. Th Sit Tech entitles furter approve of an raify the previous 1998 Assignents and the 2005 Assignent to Daiel Egger tiled on behalf of Sitelech by Danel Egger. 8. Th 2005 asigent was with the ÎItet of all th paies to the trtion and fåly represente the trsaction. I declar under penaty of pemy under the laws of the Uni Sta of America that the furegoing is tre and co. ~ Exe on Augu æ 2008 Myrle Beah, South Caolina 4

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