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

Filing 68

RESPONSE in Opposition re 62 Opposed MOTION to Change Venue to the U.S. District Court for the Northern District of California Pursuant to 28 U.S.C. § 1404(a)Opposed MOTION to Change Venue to the U.S. District Court for the Northern District of California Pursuant to 28 U.S.C. § 1404(a)Opposed MOTION to Change Venue to the U.S. District Court for the Northern District of California Pursuant to 28 U.S.C. § 1404(a) filed by Wireless Recognition Technologies LLC. (Attachments: # 1 Exhibit A - Declaration of Bradley J. Botsch, # 2 Exhibit B - Declaration of Craig Yudell, # 3 Exhibit C - "Hiding in Plain Sight, Google Seeks More Power," The New York Times, June 14, 2006, # 4 Exhibit D - Areas of Focus at Bangalore Center, Amazon Development Center, India, # 5 Exhibit E - Areas of Focus at Bangalore Center, Amazon Development Center, India, # 6 Exhibit F - Nokia Point & Find, May 17, 2010, # 7 Exhibit G - Unicorn Media Company, Executive Staff, # 8 Exhibit H - Unicorn Media Contact Information, # 9 Exhibit I - Declaration of Raymond F. Ratcliff, III, July 24, 2001, # 10 Exhibit J - U.S. Patent No. 7,392,287, # 11 Exhibit K - Revocation and Appointment of New Power of Attorney of Craig Yudell, February 19, 2009, # 12 Exhibit L - Power of Attorney Regarding Pillsbury Winthrop LLP, July 24, 2002, # 13 Exhibit M - Correspondence from Kelber to Assistant Commissioner for Patents, Regarding Revocation of Power of Attorney and New Power of Attorney Re Piper Rudnick LLP, April 21, 2004, # 14 Exhibit N - July 19, 2007 Amendment Re '287 Patent, # 15 Exhibit O - Northern District of California Judicial Caseload Profile, # 16 Exhibit P - Eastern District of Texas Judicial Caseload Profile, # 17 Exhibit Q - NovelPoint Learning LLC v. LeapFrog Enterprises, Inc., et al., Case No. 6:10-cv-229, (EDTX), Dkt. 67 Memorandum Opinion and Order, # 18 Exhibit R - Optimum Power Solutions LLC v. Apple Inc., et al., Case No. 6:10-cv-61 (EDTX), Dkt. 69 Defendant's Initial Disclosures, # 19 Exhibit S - Calypso Wireless, Inc. and Drago Daic v. T-Mobile USA, Inc., Case No. 2:08-cv-441 (EDTX), Dkt. 146, Order Denying Motion to Transfer)(Davis, William) (Additional attachment(s) added on 4/28/2011: # 20 Text of Proposed Order) (ch, ).

EXHIBIT B

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

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C.A. No. 2:10-cv-00364-TJW-CE

JURY TRIAL DEMANDED

DECLARATION OF CRAIG YUDELL
IN SUPPORT OF PLAINTIFF’S OPPOSITION
TO DEFENDANT’S MOTION TO TRANSFER VENUE

I, Craig Yudell, hereby declare and state as follows:

1.

I am the current prosecuting patent attorney for U.S. Patent No. 7,392,287 to Ratcliff

(‘287 patent). I am also the prosecuting attorney for all co-pending applications related to the
‘287 patent, including U.S. Patent Appl. Ser. No. 11/780,895, now U.S. Patent No. 7,856,474 to
Ratcliff (‘474 patent) (collectively “WRT Patents”). I submit this Declaration in opposition to the
Defendants’ Motion to Transfer Venue (the “Motion”) to the Northern District of California
Under 28 USC § 1404(a) by Defendants Google Inc. (“Google”), A9.com, Inc. (“A9”),
Amazon.com, Inc. (“Amazon”), Ricoh Innovations, Inc. (“Ricoh”) and Nokia Inc. (“Nokia”).
Unless otherwise stated, I have personal knowledge of the facts set forth herein.

2.

I currently reside in Austin, Texas, where I have lived for the last sixteen years, except

from August 2000-August 2001.

3.

I am partner and co-founder of Dillon Yudell LLP (the “Firm”), an intellectual property

law firm located at 8911 N. Capital of Texas Hwy, Suite 2110, Austin, Texas 78759. I have been
with the Firm since its inception seven years ago.

4.

I began prosecuting the WRT Patents on February 19, 2009, and have been in charge of

all prosecution for the WRT Patents before the United States Patent and Trademark Office since
that date.

I hereby declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed this 25th day of April, 2011.

Craig J. Yudell