Rockstar Consortium US LP et al v. Google Inc

Filing 117

MOTION to Strike Defendant Google Inc.'s Deficient Obviousness Disclosure Under Patent Rule 3-3(B) by NetStar Technologies LLC, Rockstar Consortium US LP. (Attachments: # 1 Affidavit of John Lahad, # 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)(Lahad, John)

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

ROCKSTAR CONSORTIUM US LP
AND NETSTAR TECHNOLOGIES
LLC,
Plaintiff,

Civil Action No. 2:13-cv-893

v.
GOOGLE INC.,

JURY TRIAL DEMANDED

Defendant.

DECLARATION OF JOHN P. LAHAD IN SUPPORT OF
PLAINTIFFS’ MOTION TO STRIKE
DEFENDANT GOOGLE’S INC.’S DEFICIENT OBVIOUSNESS DISCLOSURE
UNDER PATENT RULE 3-3(B)

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’ Motion to Strike
Defendant Google Inc.’s Deficient Obviousness Disclosure Under Patent Rule 3-3(b).
3.

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

Invalidity Contentions, served on May 23, 2014.
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.

3252808v1/013149

5.

Attached as Exhibit 3 is a true and correct copy of a letter from counsel for

Plaintiffs (Lahad) to counsel for Defendant (Roberts) dated June 25, 2014.
6.

Attached as Exhibit 4 is a true and correct copy of an email exchange between

counsel for Google (Yang) and counsel for Plaintiffs (Lahad) dated July 2 to July 3, 2014.
7.

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

Google (Yang) to counsel for Plaintiffs (Lahad) dated July 18, 2014.
8.

Attached as Exhibit 6 is a true and correct copy of an email from counsel for

Plaintiffs (Lahad) to counsel for Google (Yang) dated July 21, 2014.
9.

Attached as Exhibit 7 is a true and correct copy of a letter from counsel for

Google (Yang) to counsel for Plaintiffs (Lahad) dated June 30, 2014.
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Signed this 23rd 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 23rd 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

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