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

Filing 218

MOTION to Strike 198 Opposed MOTION Granting Defendants Leave to Amend and Supplement Invalidity Contentions by Software Rights Archive, LLC. Responses due by 2/2/2010 (Attachments: # 1 Affidavit Declaration of L Kaplan, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Text of Proposed Order)(Kaplan, Lee)

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

Doc. 218 Att. 1

IN T H E U N I T E D S T A T E S D I S T R I C T C O U R T FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

§ § Plaintiff, § § v. § § G O O G L E INC., YAHOO! INC., § l A C S E A R C H & MEDIA, INC., A O L L L C , § a n d LYCOS, INC. § § Derendan~. §
SOFTWARE RIGHTS ARCHIVE, LLC

Civil Action No. 2 : 0 7 - c v - S l l (CE)

JURY TRIAL DEMANDED

D E C L A R A T I O N O F L E E L . K A P L A N I N SUP.PORT O F PLAINTIFF'S MOTION TO STRIKE INVALIDITY CONTENTIONS . AND R E S P O N S E T O D E F E N D A N T S ' M O T I O N F O R L E A V E T O A M E N D AND S U P P L E M E N T I N V A L I D I T Y C O N T E N T I O N S I, Lee L. Kaplan, declare as follows: 1.· I am

an attorney licensed to practice in the State o f Texas.

I am a partner with the

law f i n n o f Smyser Kaplan & Veselka, L.L.P., counsel f o r Software Rights Archive, LLC ("SRA") in this matter. The following facts are within my personal knowledge, and, i f called upon to do so, I could and would testify competently thereto. 2. Exhibit 1 to P l a i n t i f f s Motion to Strike Invalidity Contentions and Response to

Defendants' Motion·for Leave to Amend and Supplement· Invalidity Contentions ("the B r i e f ' ) is a tnie and correct c o p y o f e x c e r p t s f r o m Defendants' P.R. 3-3 DisclosUre filed January 23, 2009. 3. Exhibit 2 to the B r i e f is a trUe and correct copy o f the De B r a C l a i m Chart

attached as an exhibit to Defendants' P.R. 3-3 Disclosure. 4. Exhibit 3 to the B r i e f is a true and correct copy o f the Bichteler Claim Chart

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

Dockets.Justia.com

5.

Exhibit 4 to the B r i e f is a .. true and correct copy o f Claim 26 Exemplary

Combinations, pages 1-3, which is an exhibit to Defendants' P.R. 3-3 Disclosure. 6. Exhibit 5 to the B r i e f is a true and correct copy o f a letter from Victor Hardy to

Defendants dated March 11, 2009. 7. Exhibit 6 to the B r i e f is a true and c o r r e c t copy o f a letter from Victor Hardy to

Defendants dated July 8, 2009. 8. Exhibit 7 to the B r i e f is a true and correct copy o f a letter from Richard Hung to

Victor Hardy dated March 27, 2009. I declare under penalty o f perjury under the l a w s o f 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 2 0 , 2 0 1 0

SMYSER KAPLAN & VESELKA, L.L.P.

kLI---.
Lee L. Kaplan Attorney for Plaintiff Software R i g h t s A r c h i v e , L L C

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