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)

EXHIBIT 9

Case 2:13-cv-00893-JRG-RSP Document 122-2 Filed 08/08/14 Page 2 of 3 PageID #: 3131

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Subject:

Andrea P Roberts
Monday, April 14, 2014 11:56 AM
[e-mail]
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; Mark Mann; [e-mail];
[e-mail]; QE-Google-Rockstar
Rockstar v. Google

Counsel,
I write regarding Rockstar’s infringement contentions. First, Rockstar’s assertion of 144 claims in 7 patents is
unreasonable. As a practical matter, this is far too many. Not only is it extremely difficult for Google to
analyze Rockstar’s infringement contentions, but it will greatly increase the volume of Google’s invalidity
contentions, which will be a burden to all parties. Moreover, Rockstar cannot possibly try anything remotely
close to 144 claims and must know that it will, at least eventually, have to reduce the number of asserted
claims. Indeed, under the Court’s Model Order Focusing Patent Claims and Prior Art to Reduce Costs,
Rockstar will need to limit itself to 32 asserted claims by the close of claim construction discovery. Rockstar
should reduce the number of asserted claims now, before Google serves its invalidity contentions under P.R. 33. Please confirm that Rockstar will do so by Friday, April 18.
Second, Rockstar’s infringement contentions, while voluminous due to the number of asserted claims, do not
provide sufficient specificity to put Google on notice of what functionalities Rockstar contends infringes the
asserted patents. Without such specificity, it is extremely difficult, if not impossible, for Google to identify
“documentation sufficient to show the operation” of such accused functionalities, as required by P.R. 3-4, or to
do so by May 19, much less determine what other documents or source code is relevant to Rockstar’s
infringement contentions. We request that Rockstar provide more specificity as to what is accused. Please
confirm that Rockstar will do so by Friday, April 18.
If Rockstar does not agree to either of the above, please provide a time this week when Rockstar is available to
meet and confer on these issues.
Thanks,
Andrea
Andrea Pallios Roberts
Of Counsel,
Quinn Emanuel Urquhart & Sullivan, LLP
555 Twin Dolphin Drive, 5th Floor
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