Wireless Recognition Technologies LLC v. A9.com, Inc. et al

Filing 104

Cross MOTION to Sever Pursuant to Rules 20 and 21 of the Federal Rules of Civil Procedure by A9.com, Inc., Amazon.com, Inc., Google, Inc.,, Nokia, Inc., Ricoh Innovations, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Valentine, James)

EXHIBIT A

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
WIRELESS RECOGNITION
TECHNOLOGIES LLC,
Plaintiff,
vs.
A9.COM, INC., AMAZON.COM, INC.,
GOOGLE INC., NOKIA, INC., and
RICOH INNOVATIONS, INC.,
Defendants.

WIRELESS RECOGNITION
TECHNOLOGIES LLC,
Plaintiff,
vs.
NOKIA CORPORATION and RICOH
COMPANY, LTD.,
Defendants.

WIRELESS RECOGNITION
TECHNOLOGIES LLC,
Plaintiff,
vs.
A9.COM, INC., AMAZON.COM, INC.,
GOOGLE INC., NOKIA, INC., and
RICOH INNOVATIONS, INC.,
Defendants.

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Civil No. 2:10-CV-00364-TJW-CE

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Civil No. 2:10-CV-00365-TJW

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Civil No. 2:10-CV-00577-TJW

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WIRELESS RECOGNITION
TECHNOLOGIES LLC,
Plaintiff,
vs.
NOKIA CORPORATION and RICOH
COMPANY, LTD.,
Defendants.

Civil No. 2:10-CV-00578-TJW

DECLARATION OF DANIEL T. SHVODIAN IN SUPPORT OF
DEFENDANTS’ OPPOSITION TO PLAINTIFF WIRELESS RECOGNITION
TECHNOLOGIES LLC’S MOTION TO CONSOLIDATE PURSUANT TO
FEDERAL RULE OF CIVIL PROCEDURE 42(a) AND LOCAL RULE CV-42(b)
AND DEFENDANTS’ CROSS-MOTION TO SEVER PURSUANT TO
RULES 20 AND 21 OF THE FEDERAL RULES OF CIVIL PROCEDURE

I, Daniel T. Shvodian, declare as follows:
1.

I am a partner with the law firm Perkins Coie LLP, counsel of record for

Defendants A9.com, Inc., Amazon.com, Inc., and Google Inc. in the above-captioned case.
Based on my review of the relevant files from the United States Patent and Trademark Office, I
am informed and believe the facts set forth below to be true.
2.

A Request for Inter Partes Reexamination Under 35 U.S.C. § 311 and 37 C.F.R.

§ 1.913 for claims 1-56 of U.S. Patent No. 7,856,474 (“the ‘474 patent”) was filed with the
United States Patent and Trademark Office on February 25, 2011 by a third party who is not a
defendant in any of the four above-captioned actions filed by Wireless Recognition Technologies
LLC. The Request for Inter Partes Reexamination was granted on or about March 25, 2011,
claims 1-56 being subject to the reexamination, and assigned Control No. 95/001,557.

09234-0001/LEGAL21786410.1

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3.

On March 25, 2011, an Office Action in Inter Partes Reexamination was issued,

rejecting claims 1-56 of the ‘474 patent.
4.

On May 31, 2011, WRT submitted Amendments to the Claims, among other

things, in response to the March 25, 2011 Office Action.
5.

On information and belief, the Inter Partes Reexamination of the ‘474 patent is

ongoing.
I declare under penalty of perjury that the foregoing is true and correct, and that this
declaration was executed on September 23, 2011 at Palo Alto, California.

/s/ Daniel T. Shvodian
Daniel T. Shvodian

09234-0001/LEGAL21786410.1

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