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 10

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John Lahad [[e-mail]]
Friday, April 18, 2014 1:51 PM
Andrea P Roberts
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; Alexander L. Kaplan; Max L. Tribble; Mark Mann;
[e-mail]; [e-mail]; QE-Google-Rockstar
RE: Rockstar v. Google

Andrea,
Thanks for your email, and good chatting with you today. We disagree that the number of
patents and claims is unreasonable at this stage in the litigation. As you mentioned, under the
Court’s model order – which has not been issued in this case – the earliest Rockstar would
have to make an election is “by the date set for completion of claim construction discovery.”
Under the Court’s current sample DCO, that’s not until September. Google’s only argument is
burden, but that was explicitly taken into consideration by the Court in its model order, which
intends to “streamline[] the issues in this case.” Accordingly, to the extent Rockstar must limit
claims, it will do so when ordered by the Court.
You add that Rockstar’s infringement contentions “do not provide sufficient specificity to put
Google on notice of what functionalities Rockstar contends infringes the asserted patents.”
Suffice it to say, we disagree. Per PR 3-1, Rockstar’s infringement contentions name each
instrumentality currently accused of infringement and provide ample evidence “identifying
specifically where each element of each asserted claim is found within each Accused
Instrumentality.”
Happy to discuss.
Thanks,
John

John P. Lahad
Susman Godfrey L.L.P.
713-653-7859 (office)
713-725-3557 (mobile)
713-654-6666 (fax)