Rockstar Consortium US LP et al v. Google Inc

Filing 179

RESPONSE in Opposition re 152 MOTION for Protective Order filed by Google Inc. (Attachments: # 1 Text of Proposed Order)(Perlson, David)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
ROCKSTAR CONSORTIUM US LP
AND NETSTAR TECHNOLOGIES LLC,
Plaintiffs,
v.
GOOGLE INC.
Defendant.

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Civil Action No. 13-cv-00893-RG
JURY TRIAL DEMANDED

GOOGLE INC.’S OPPOSITION TO NON-PARTIES NORTEL NETWORKS
CORPORATION AND NORTEL NETWORKS LIMITED’S MOTION FOR A
PROTECTIVE ORDER UNDER FEDERAL RULES OF CIVIL PROCEDURE 26(c)
AND 45(d)(3)

01980.00010/6251580.1

Before this Court are two motions for Protective Orders brought by Nortel Networks Inc.
(“NNI”) (Dkt. No. 150) and Nortel Networks Corporation (“NNC”) and Nortel Networks
Limited (“NNL”) (Dkt. No. 152) seeking a Protective Order asking the Court to preclude
Plaintiff Rockstar from producing documents that Rockstar was already required to have
“substantially” produced to Google by this Court’s Discovery Order and Docket Control Order.
In their motion (Dkt. No. 152), NNC and NNL join in the arguments made by NNI in its motion
(Dkt. No. 150.) Google opposes NNC and NNL’s motion for the reasons set forth in its
opposition to NNI’s motion, which was filed with this Court on today’s date.

Google

incorporates by reference the facts and argument set forth therein.1 For the reasons set forth
therein, this Court should deny NNC and NNL’s motion for a protective order.

DATED: September 26, 2014

QUINN EMANUEL URQUHART & SULLIVAN, LLP
By

/s/ David Perlson
J. Mark Mann
State Bar No. 12926150
G. Blake Thompson
State Bar No. 24042033
MANN | TINDEL | THOMPSON
300 West Main Street
Henderson, Texas 75652
[phone]
[phone] (fax)
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
Charles K. Verhoeven
[e-mail]
David A. Perlson
[e-mail]

1

Google has not served a subpoena for documents on NNC or NNL, as it has for NNI.
This Court did, however, issue letters rogatory for NNC, the Canadian entity. To date, Google
has not filed them with the Canadian court and therefore NNC has not yet received discovery
requests from Google and has not produced any documents to Google.
01980.00010/6251580.1

1

50 California Street, 22nd Floor
San Francisco, California 94111-4788
Telephone: [phone]
Facsimile: [phone]
Attorneys for Google Inc.

01980.00010/6251580.1

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CERTIFICATE OF SERVICE
The undersigned hereby certifies that all counsel of record who are deemed to have
consented to electronic service are being served with a copy of this document via the Court’s
CM/ECF system per Local Rule CV-5(a)(3) on September 26, 2014.
/s/ Andrea Pallios Roberts
Andrea Pallios Roberts

01980.00010/6251580.1

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