Rockstar Consortium US LP et al v. Google Inc

Filing 116

RESPONSE in Opposition re 105 Opposed MOTION for the Court to Enter its [Model] Order Focusing Patent Claims and Prior Art to Reduce Costs, to Limit the Number of Asserted Claims, and to Extend the Deadline for the Parties to Comply with P.R. 4-2 filed by NetStar Technologies LLC, Rockstar Consortium US LP. (Attachments: # 1 Declaration of John P. Lahad, # 2 Exhibit 1 Exhibit B to Google's Invalidity Contentions, # 3 Exhibit 2 6-23-2014 Letter from Google's counsel to Plaintiffs' counsel, # 4 Exhibit 3 7-2-2014 and 7-3-2014 Email exchanges between counsel, # 5 Exhibit 4 7-18-2014 Email from Google's counsel to Plaintiffs' counsel, # 6 Exhibit 5 7-21-2014 Email from Plaintiffs' counsel to Google's counsel, # 7 Exhibit 6 General Order 13-20, # 8 Text of Proposed Order)(Lahad, John)

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

ROCKSTAR CONSORTIUM US LP
AND NETSTAR TECHNOLOGIES
LLC,
Civil Action No. 2:13-cv-893

Plaintiff,
v.

JURY TRIAL DEMANDED

GOOGLE INC.,
Defendant.

DECLARATION OF JOHN P. LAHAD IN SUPPORT OF
PLAINTIFFS’ RESPONSE IN OPPOSITION TO
GOOGLE’S MOTION FOR THE COURT TO ENTER ITS [MODEL] ORDER
FOCUSING PATENT CLAIMS AND PRIOR ART TO REDUCE COSTS, TO LIMIT
THE NUMBER OF ASSERTED CLAIMS, AND TO EXTEND THE DEADLINE FOR
THE PARTIES TO COMPLY WITH P.R. 4-2

I, John P. Lahad, declare as follows:
1.

I am a member in good standing of the Texas State Bar.

2.

I am an attorney at the law firm of Susman Godfrey L.L.P., and I am counsel of

record for Plaintiffs Rockstar Consortium US LP and NetStar Technologies LLC (collectively
“Plaintiffs”) in this action.

I submit this declaration in support of Plaintiffs’ Response in

Opposition to Google’s Motion for the Court to Enter its [Model] Order Focusing Patent Claims
and Prior Art to Reduce Costs, and to Limit the Number of Asserted Claims, and To Extend the
Deadline for the Parties to Comply with P.R. 4-2 (Doc. 105).
3.

Attached as Exhibit 1 is a true and correct copy of Exhibit B to Google’s

Invalidity Contentions, served on May 23, 2014.
3251321v1/013149

4.

Attached as Exhibit 2 is a true and correct copy of a letter from counsel for

Google (Roberts) to counsel for Plaintiffs (Nelson and Lahad) dated June 23, 2014.
5.

Attached as Exhibit 3 is a true and correct copy of an email exchange between

counsel for Plaintiffs and counsel for Google occurring between July 2, 2014 and July 3, 2014.
6.

Attached as Exhibit 4 is a true and correct copy of an email from counsel for

Google (Yang) to counsel for Plaintiffs (Lahad) dated July 18, 2014.
7.

Attached as Exhibit 5 is a true and correct copy of an email from counsel for

Plaintiffs (Lahad) to counsel for Google (Yang) dated July 21, 2014.
8.

Attached as Exhibit 6 is a true and correct copy of General Order 13-20, signed

by the Hon. Leonard David, Chief Judge of the Eastern District. Included in General Order 1320 are (1) are redline/strikeout version of the Federal Circuit’s model order and the Local Rules
Committee’s commentary regarding the Eastern District’s model order.
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Signed this 21st day of July, 2014, at Houston, Texas
/s/ John P. Lahad
John P. Lahad

CERTIFICATE OF SERVICE
I hereby certify that all counsel of record, who are deemed to have consented to
electronic service are being served this 21st day of July, 2014 with a copy of this document and
Exhibits 1-4 hereto via the Court’s CM/ECF system per Local Rule CD-5(a)(3).

/s/ John P. Lahad
John P. Lahad
2
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