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

Filing 213

RESPONSE to Motion re 198 Opposed MOTION Granting Defendants Leave to Amend and Supplement Invalidity Contentions filed by Software Rights Archive, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Affidavit, # 9 Text of Proposed Order)(Kaplan, Lee)

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

Doc. 213 Att. 8

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

SOFTWARE RIGHTS ARCHIVE, LLC §

v. §

§ Plaintiff, § § §

Civil Action No. 2:07-cv-511 (CE)

GOOGLE INC., YAHOO! INC., §
lAC SEARCH & MEDIA, INC., AOL LLC, §

and LYCOS, INC. §
Defendants. §
§

JURY TRIAL DEMANDED

DECLARATION OF LEE L. KAPLAN IN SUPPORT OF PLAINTIFF'S MOTION TO STRIKE INVALIDITY CONTENTIONS AND RESPONSE TO DEFENDANTS' MOTION FOR LEAVE TO AMEND AND SUPPLEMENT INVALIDITY CONTENTIONS
I, Lee L. Kaplan, declare as follows:
i. I am an attorney licensed to practice in the State of Texas. I am a partner with the

law firm of Smyser Kaplan & Veselka, L.L.P., counsel for Software Rights Archive, LLC
("SRA") in this matter. The following facts are within my personal knowledge, and, if called
upon to do so, I could and would testify competently thereto.
2. Exhibit 1 to Plaintiffs Motion to Strike Invalidity Contentions and Response to

Defendants' Motion for Leave to Amend and Supplement Invalidity Contentions ("the Briet') is
a true and correct copy of excerpts from Defendants' P.R. 3-3 Disclosure filed January 23, 2009.
3. Exhibit 2 to the Brief is a true and correct copy of the De Bra Claim Chart

attached as an exhibit to Defendants' P.R. 3-3 Disclosure.
4. Exhibit 3 to the Brief is a true and correct copy of the Bichteler Claim Chart

attached as an exhibit to Defendants' P.R. 3-3 Disclosure.

Dockets.Justia.com

5. Exhibit 4 to the Brief is a true and correct copy of Claim 26 Exemplary

Combinations, pages 1-3, which is an exhibit to Defendants' P.R. 3-3 Disclosure.
6. Exhibit 5 to the Brief is a true and correct copy of a letter from Victor Hardy to

Defendants dated March 11, 2009.
7. Exhibit 6 to the Brief is a true and correct copy of a letter from Victor Hardy to

Defendants dated July 8, 2009.
8. Exhibit 7 to the Brief is a true and correct copy of a letter from Richard Hung to

Victor Hardy dated March 27,2009.

I declare under penalty of peijury under the laws of the United States and Texas that the

foregoing is true and correct and that this Declaration is executed on January 20, 2010 in
Houston, Texas.

Date: January 20, 2010

SMYSER KAPLAN & VESELKA, L.L.P.

kLI

.,

Lee L. Kaplan Attorney for Plaintiff Software Rights Archive, LLC

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