FPX, LLC v. Google, Inc. et al

Filing 84

RESPONSE in Opposition re 79 MOTION to Exclude the Expert Report and Opinion of Thomas J. Maronick and Brief in Support filed by FPX, LLC. (Attachments: # 1 Affidavit of Nathan D. Meyer, # 2 Exhibit A-B)(Meyer, Nathan)

FPX, LLC v. Google, Inc. et al

Doc. 84 Att. 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION FPX, LLC, (d.b.a. FIREPOND), Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. (1) (2) (3) (4) (5) (6) GOOGLE, INC.; YOUTUBE, LLC; AOL, LLC; TURNER BROADCASTING SYSTEM, INC.; MYSPACE, INC., and IAC/INTERACTIVECORP Defendants.

Civil Action No. 2:09-cv-00142 CLASS ACTION COMPLAINT JURY TRIAL REQUESTED

DECLARATION OF NATHAN D. MEYER IN OPPOSITION TO MOTION TO EXCLUDE DR. THOMAS MARONICK I, Nathan D. Meyer, declare and state as follows: 1. I am a member of the State Bar of California and an attorney at the law firm of

Russ, August & Kabat, one of the counsel for Plaintiff FPX, LLC in the above-captioned action. I have personal knowledge of the facts set forth herein, and if called upon to testify, could and would testify competently thereto. 2. Attached hereto as Exhibit "A" and incorporated herein by reference are true and

correct copies of excerpts from the deposition of Dr. Itamar Simonson. 3. Attached hereto as Exhibit "B" and incorporated herein by reference are true and

correct copies of excerpts from the deposition of Dr. Thomas Maronick.

3049-002 101014 NDM Dec.doc

Dockets.Justia.com

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For several months, beginning in April 2010 and as late as September 14, 2010, I Every search I conducted showed

conducted regular Google searches for "Southwest."

sponsored links not affiliated with Southwest Airlines, and nearly all included a link for "smartfares.com/southwest." 5. I conducted numerous Google searches for "Southwest" between October 1, 2010

and October 14, 2010, at both my own computer and other computers. These searches showed only a single sponsored link, for the Southwest Airlines official site. I declare, under penalty of perjury that the foregoing is true and correct to the best of my knowledge. This Declaration is executed on October 14, 2010 at Los Angeles, California.

Dated: October 14, 2010

/s/s Nathan D. Meyer Nathan D. Meyer

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CERTIFICATE OF SERVICE I hereby certify that the counsel of record who are deemed to have consented to electronic service are being served on October 14, 2010 with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by electronic mail, facsimile transmission and/or first class mail on this same date. Dated: October 14, 2010 /s/ Nathan D. Meyer Nathan D. Meyer

3049-002 101014 NDM Dec.doc

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