Rockstar Consortium US LP et al v. Google Inc

Filing 138

RESPONSE in Opposition re 122 MOTION to Strike Plaintiffs' Patent Rule 3-1 Infringement Contentions filed by NetStar Technologies LLC, Rockstar Consortium US LP. (Attachments: # 1 Declaration of Shawn D. Blackburn, # 2 Exhibit 1 - Rockstar's P.R. 3-1 Disclosure of Asserted Claims and Infringement Contentions, # 3 Exhibit 2 - Rockstar's P.R. 3-1 Infringement Claim Chart for '065, # 4 Exhibit 3 - Rockstar's P.R. 3-1 Infringement Claim Chart for '969, # 5 Exhibit 4 - Rockstar's P.R. 3-1 Infringement Claim Chart for '245, # 6 Exhibit 5 - Rockstar's P.R. 3-1 Infringement Claim Chart for '970, # 7 Exhibit 6 - Rockstar's P.R. 3-1 Infringement Claim Chart for '178, # 8 Exhibit 7 - Rockstar's P.R. 3-1 Infringement Claim Chart for '183, # 9 Exhibit 8 - Rockstar's P.R. 3-1 Infringement Claim Chart for '883, # 10 Exhibit 9 - 4-14-14 email between counsel, # 11 Exhibit 10 - 4-18-14 email between counsel, # 12 Exhibit 11 - 7-3-14 email between counsel, # 13 Exhibit 12 - 7-8-14 email between counsel, # 14 Exhibit 13 - 7-24-14 email between counsel, # 15 Exhibit 14 - 8-27-14 email between counsel, # 16 Exhibit 15 - 6-23-14 email between counsel, # 17 Text of Proposed Order)(Blackburn, Shawn)

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 SHAWN D. BLACKBURN IN SUPPORT OF
PLAINTIFFS’ RESPONSE TO DEFENDANT’S MOTION TO STRIKE
PLAINTIFFS’ PATENT RULE 3-1 INFRINGEMENT CONTENTIONS

I, Shawn D. Blackburn, 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 to
Defendant’s Motion to Strike Plaintiffs’ Patent Rule 3-1 Infringement Contentions.
3.

Attached as Exhibit 1 is a true and correct copy of Rockstar’s P.R. 3-1 Disclosure

of Asserted Claims and Infringement Contentions.
4.

Attached as Exhibit 2 is a true and correct copy of Rockstar’s P.R. 3-1

Infringement Claim Chart for U.S. Patent No. 6,098,065.

5.

Attached as Exhibit 3 is a true and correct copy of Rockstar’s P.R. 3-1

Infringement Claim Chart for U.S. Patent No. 7,236,969.
6.

Attached as Exhibit 4 is a true and correct copy of Rockstar’s P.R. 3-1

Infringement Claim Chart for U.S. Patent No. 7,469,245.
7.

Attached as Exhibit 5 is a true and correct copy of Rockstar’s P.R. 3-1

Infringement Claim Chart for U.S. Patent No. 7,672,970.
8.

Attached as Exhibit 6 is a true and correct copy of Rockstar’s P.R. 3-1

Infringement Claim Chart for U.S. Patent No. 7,895,178.
9.

Attached as Exhibit 7 is a true and correct copy of Rockstar’s P.R. 3-1

Infringement Claim Chart for U.S. Patent No. 7,895,183.
10.

Attached as Exhibit 8 is a true and correct copy of Rockstar’s P.R. 3-1

Infringement Claim Chart for U.S. Patent No. 7,933,883.
11.

Attached as Exhibit 9 is a true and correct copy of an email from counsel for

Defendant (Roberts) to counsel for Plaintiffs (Lahad) dated April 14, 2014.
12.

Attached as Exhibit 10 is a true and correct copy of an email from counsel for

Plaintiffs (Lahad) to counsel for Defendant (Roberts) dated April, 18 2014.
13.

Attached as Exhibit 11 is a true and correct copy of an email from counsel for

Defendant (Roberts) to counsel for Plaintiffs (Bonn) dated July 3, 2014.
14.

Attached as Exhibit 12 is a true and correct copy of an email from counsel for

Plaintiffs (Bonn) to counsel for Defendant (Roberts) dated July 8, 2014.
15.

Attached as Exhibit 13 is a true and correct copy of an email from counsel for

Defendant (Roberts) to counsel for Plaintiffs (All Counsel) dated July 24, 2014.

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16.

Attached as Exhibit 14 is a true and correct copy of an email from counsel for

Plaintiffs (Bonn) to counsel for Defendant (Roberts) dated August 27, 2014.
17.

Attached as Exhibit 15 is a true and correct copy of a letter from counsel for

Defendant (Roberts) to counsel for Plaintiffs (Nelson and Lahad) dated June 23, 2014.
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Signed this 29th day of August, 2014, at Houston, Texas
/s/ Shawn D. Blackburn
Shawn D. Blackburn

CERTIFICATE OF SERVICE
I hereby certify that all counsel of record, who are deemed to have consented to
electronic service are being served this 29th day of August, 2014 with a copy of this document
and Exhibits 1-5 hereto via the Court’s CM/ECF system per Local Rule CD-5(a)(3).

/s/ Shawn D. Blackburn
Shawn D. Blackburn

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