Rockstar Consortium US LP et al v. Google Inc

Filing 208

Unopposed MOTION for Issuance of Letters Rogatory to Kshitij Bhatia by Google Inc. (Attachments: # 1 Exhibit A, # 2 Affidavit Declaration of Michelle Ernst, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Text of Proposed Order)(Perlson, David)

EXHIBIT 10

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

ROCKSTAR CONSORTIUM US LP
AND NETSTAR TECHNOLOGIES
LLC,
Plaintiffs,

Civil Action No. 2:13-cv-893

v.
GOOGLE INC.,

JURY TRIAL DEMANDED

Defendant.

ROCKSTAR CONSORTIUM US LP AND NETSTAR TECHNOLOGIES LLC’S
INITIAL DISCLOSURES PURSUANT TO PARAGRAPH 1 OF THE DEFAULT
PROTECTIVE ORDER
Plaintiffs Rockstar Consortium US LP (“Rockstar”) and NetStar Technologies LLC
(“NetStar”) make the following initial disclosures pursuant to paragraph 1 of the Court’s default
Discovery Order and the deadline set in the Court’s default Docket Control Order.
A. The correct names of the parties
The correct names of the Plaintiffs are Rockstar Consortium US LP and NetStar
Technologies LLC. The correct name of the Defendant is Google, Inc.
B. The name, address, and telephone number of any potential parties
Plaintiffs are currently unaware of any additional potential parties.
C. The legal theories and, in general, the factual bases of the disclosing party’s
claims or defenses

Rockstar is the owner of United States Patent Nos. 6,098,065 (“the ’065 patent”);
7,236,969 (“the ’969 patent”); 7,469,245 (“the ’245 patent”); 7,672,970 (“the ’970 patent”);
7,895,178 (“the ’178 patent”); 7,895,183 (“the ’183 patent”); and 7,933,883 (“the ’883 patent”)
(collectively, “the patents-in-suit”). NetStar is the exclusive licensee of the patents-in-suit.
Defendant Google, Inc. (“Google”) has infringed and continues to infringe certain claims of the
patents-in-suit. Additionally, Google’s infringement has been willful and deliberate. As a result
of Google’s infringement of the patents in suit, Rockstar and NetStar have been and continue to
be damaged. Rockstar and NetStar also seek enhanced damages and recovery of their costs and
reasonable attorneys’ fees incurred in this action as provided by 35 U.S.C. §§ 284 and 285.
Additional information under this category was provided in Plaintiffs’ Disclosure of
Asserted Claims and Infringement Contentions served on Google on March 24, 2014.
D. The name, address, and telephone number of persons having knowledge of
relevant facts, a brief statement of each identified person’s connection with the
case, and a brief, fair summary of the substance of information known by any
such person
Plaintiffs submit that the following individuals are likely to have knowledge of relevant
facts:
1. Richard Prescott Skillen
Mr. Skillen may be contacted through Counsel for Plaintiffs, Susman Godfrey.
Mr. Skillen is a named inventor of the patents-in-suit and as such is likely to have
information concerning the development of the inventions disclosed in the patents-insuit.
2. Frederick Caldwell Livermore
Mr. Livermore may be contacted through Counsel for Plaintiffs, Susman Godfrey.
Mr. Livermore is a named inventor of the patents-in-suit and as such is likely to have

information concerning the development of the inventions disclosed in the patents-insuit.
3. Bruce E. Garlick, Esq.
Garlick & Markison
P.O. Box 160727
Austin, Texas 78716
[phone]
Mr. Garlick can be contacted through Counsel for Plaintiffs, Susman Godfrey.
Mr. Garlick served as outside patent prosecution counsel to Nortel Networks
Corporation (“Nortel”) for the ’969, ’245, ’970, ’178, ’183, and ’883 patents, and as
such is likely to have information related to the prosecution of those patents.
4. Vernon E. Williams
Mr. Williams is former Senior Intellectual Property Counsel at Nortel and was patent
prosecution counsel for the ’065 patent. As such, he is likely to have information
related to the prosecution of that patent. Because he has privileged information, he
should not be contacted without counsel for Plaintiffs present.
5. Ron Steeves
Rockstar Consortium, Inc.
515 Legget Drive, Suite 300
Ottawa, Ontario K2K 3G4
[phone]
Mr. Steeves can be contacted through Counsel for Plaintiffs, Susman Godfrey.
Mr. Steeves is an employee at Rockstar Consortium, Inc. and was formerly employed
by Nortel. Mr. Steeves is likely to have information related to the monetization of the
patents-in-suit.
6. Raj Krishnan, Esq.
STMicroelectronics, Inc.
1310 Electronics Drive
Carrolton, Texas 75006
Mr. Krishnan is a former employee of Rockstar US LP and Nortel. Mr. Krishnan is
likely to have relevant information related to the prosecution and monetization of the
patents-in-suit. Because he has privileged information, he should not be contacted
without counsel for Plaintiffs present.
7. Bill Junkin
Rockstar Consortium, Inc.

515 Legget Drive, Suite 300
Ottawa, Ontario K2K 3G4
Mr. Junkin can be contacted through Counsel for Plaintiffs, Susman Godfrey.
Mr. Junkin works for Rockstar Consortium, Inc. and was formerly employed by
Nortel. Mr. Junkin is likely to have information concerning Nortel’s preparation and
analysis related to the auction of Nortel’s intellectual property assets.
8. Danny Lingman
Digital Matrix, Inc.
13 Roberta Crescent
Ottawa, Ontario K2J 1G5
[phone]
Mr. Lingman can be contacted through Counsel for Plaintiffs, Susman Godfrey.
Mr. Lingman is a former employee of Rockstar Consortium US LP and Nortel. Mr.
Lingman is likely to have information related to the monetization of the patents-insuit, including the 2010 meeting between Nortel and Google regarding the patents-insuit.
9. Gillian McColgan
Legacy Town Center 1
7160 North Dallas Parkway
Suite No. 250
Plano, Texas 75024
Ms. McColgan can be contacted through Counsel for Plaintiffs, Susman Godfrey.
Ms. McColgan is Chief Technology Officer of Rockstar, with information related to
Rockstar’s and NetStar’s respective business activities, technologies, patents,
acquisitions, and licensing activities. She is also a former Nortel employee and has
knowledge of Nortel’s previous business activities, technologies, patents,
acquisitions, licensing activities, as well as information relating to the auction of
Nortel’s patent assets.
10. Bernard Tiegerman
Rockstar Consortium US LP
Legacy Town Center 1
7160 North Dallas Parkway
Suite No. 250
Plano, Texas 75024
Mr. Tiegerman can be contacted through Counsel for Plaintiffs, Susman Godfrey.

Mr. Tiegerman is an attorney and Senior Patent Counsel at Rockstar, with
information related to Rockstar’s and NetStar’s respective patents, acquisitions, and
licensing activities. He is also a former Nortel patent attorney and has knowledge of
Nortel Networks’ previous patent-related activities, policies, and procedures.
11. Mark Hearn, Esq.
Rockstar Consortium US LP
Legacy Town Center 1
7160 North Dallas Parkway
Suite No. 250
Plano, Texas 75024
Mr. Hearn can be contacted through Counsel for Plaintiffs, Susman Godfrey.
Mr. Hearn is a Licensing Attorney at Rockstar Consortium US LP and was formerly
employed by Nortel. Mr. Hearn is likely to have information related to the
monetization of the patents-in-suit, including Nortel’s 2010 meeting with Google,
Inc. regarding the licensing of the patents-in-suit.
12. John Veschi
Rockstar Consortium US LP
Legacy Town Center 1
7160 North Dallas Parkway
Suite No. 250
Plano, Texas 75024
Mr. Veschi can be contacted through Counsel for Plaintiffs, Susman Godfrey.
Mr. Veschi is an attorney and Chief Executive Officer of Rockstar, with information
related to Rockstar’s and NetStar’s respective business activities, patents,
acquisitions, and licensing activities. He is also a former Nortel employee and has
knowledge of Nortel Networks’ previous business activities, technologies, patents,
acquisitions, and licensing activities.
13. Hinta Chambers
Rockstar Consortium, Inc.
515 Legget Drive, Suite 300
Ottawa, Ontario K2K 3G4
Ms. Chambers can be contacted through Counsel for Plaintiffs, Susman Godfrey.
Ms. Chambers is the Chief Financial Officer of Rockstar Consortium, Inc. and was
formerly employed by Nortel. Ms. Chambers is likely to have information related to
the auction of Nortel’s intellectual property assets.

14. Christopher J. Cianciolo, Esq.
Tyco International
6 Technology Park Drive
Westford, Massachusetts 01886
[phone]
Mr. Cianciolo is former General and Intellectual Property Counsel to Rockstar
Consortium US LP and was formerly employed by Nortel. Mr. Cianciolo is likely to
have information related to the auction of Nortel’s intellectual property assets.
15. Chad Hilyard, Esq.
Rockstar Consortium US LP
Legacy Town Center 1
7160 North Dallas Parkway
Suite No. 250
Plano, TX 75024
Mr. Hilyard can be contacted through Counsel for Plaintiffs, Susman Godfrey.
Mr. Hilyard is an attorney and Chief Intellectual Property Counsel at Rockstar, with
information related to Rockstar’s and NetStar’s respective patents, acquisitions, and
licensing activities.
16. Don Powers, Esq.
Rockstar Consortium US LP
Legacy Town Center 1
7160 North Dallas Parkway
Suite No. 250
Plano, Texas 75024
Mr. Powers can be contacted through Counsel for Plaintiffs, Susman Godfrey.
Mr. Powers is an attorney and Litigation Counsel at Rockstar. He is also a former
Nortel employee and has knowledge of Nortel’s previous business activities,
technologies, patents, acquisitions, and licensing.
17. Shival Virmani
Rockstar Consortium US LP
Legacy Town Center 1
7160 North Dallas Parkway
Suite No. 250
Plano, Texas 75024
Mr. Virmani can be contacted through Counsel for Plaintiffs, Susman Godfrey.

Mr. Virmani is Vice President of Patent Licensing for Rockstar Consortium US LP.
He is likely to have information related to the monetization of the patents-in-suit.
18. Art Fisher
Patent Dominion Partnership, LP
6103 Twin Oaks Circle
Dallas, Texas 75240
Mr. Fisher can be contacted through Counsel for Plaintiffs, Susman Godfrey.
Mr. Fisher is a former Nortel Networks employee and likely has information related
to Nortel Networks’ past patent holdings and IP licensing activities, policies, and
procedures.
19. Richard Weiss
McKinney, Texas
Mr. Weiss can be contacted through Counsel for Plaintiffs, Susman Godfrey.
Mr. Weiss is a former Nortel Networks employee and likely has information related
to Nortel Networks’ past patent holdings and IP licensing activities, policies, and
procedures.
20. John LaBarre, Esq.
Google, Inc.
1600 Amphitheatre Parkway
Mountain View, California 94043
Mr. LaBarre is likely to have information related to Nortel’s June 2010 discussions
with Google regarding the patents-in-suit.
21. David Whalan
Google, Inc.
(further contact information unknown)
Mr. Whalan is likely to have information related to Nortel’s June 2010 discussions
with Google regarding the patents-in-suit.
22. David Descoteaux
Lazard
30 Rockefeller Plaza
New York, NY 10112
[phone]
Mr. Descoteaux advised Nortel in the auction of its intellectual property assets, and as
such is likely to have information related to Nortel’s valuation and analysis of its
patent assets and to the sale of the patents-in-suit.

23. Lazard
30 Rockefeller Plaza
New York, NY 10112
[phone]
Lazard advised Nortel in the auction of its intellectual property assets, and as such is
likely to have information related to Nortel’s valuation and analysis of its patent
assets and to the sale of the patents-in-suit.
24. Global IP Law Group
233 S. Wacker Drive
Chicago, Illinois 60606
Global IP Law Group advised Nortel in the auction of its intellectual property assets,
and as such is likely to have information related to Nortel’s valuation and analysis of
its patent assets and to the sale of the patents-in-suit.
25. Justin Lux
Portfolio Advisors LLC
9 Old Kings Highway South
Darien, CT 06820
[phone]
Mr. Lux advised Nortel in the auction of its intellectual property assets, and as such is
likely to have information related to Nortel’s valuation and analysis of its patent
assets and to the sale of the patents-in-suit.
26. Colin Keenan
Brightwood Capital Advisors, LLC
1540 Broadway, 23rd Floor
New York, NY 10036-4039
[phone]
Mr. Keenan advised Nortel in the auction of its intellectual property assets, and as
such is likely to have information related to Nortel’s valuation and analysis of its
patent assets and to the sale of the patents-in-suit.
27. Edouard Gueyffier
Estin & Co.
Berkeley Square House
Berkeley Square
London W1J 6BD
United Kingdom
44 2 07 887 45 95
Mr. Gueyffier advised Nortel in the auction of its intellectual property assets, and as

such is likely to have information related to Nortel’s valuation and analysis of its
patent assets and to the sale of the patents-in-suit.
28. Kshitij Bhatia
Warburg Pincus India Pvt. Ltd.
7th Floor, Express Towers
Nariman Point
Mumbai 400 021, India
(91) 22 6650 0000
Mr. Bhatia advised Nortel in the auction of its intellectual property assets, and as such
is likely to have information related to Nortel’s valuation and analysis of its patent
assets and to the sale of the patents-in-suit.
29. BlackBerry Ltd.
5000 Riverside Drive
Irving, Texas 75039
[phone]
Blackberry Ltd. is a shareholder of Rockstar and is likely to have relevant information
related to the 2011 auction of Nortel’s patent assets.
30. Ericsson
6300 Legacy Drive
Plano, Texas 75024
[phone]
Ericsson is a shareholder of Rockstar and is likely to have relevant information
related to the 2011 auction of Nortel’s patent assets.
31. Microsoft Corporation
One Microsoft Way
Redmond, WA 98502-7329
[phone]
Microsoft Corporation is a shareholder of Rockstar and is likely to have information
related to the 2011 auction of Nortel’s patent assets.
32. Apple Inc.
1 Infinite Loop
Cupertino, California 95014
[phone]
Apple Inc. is a shareholder of Rockstar and is likely to have relevant information
related to the 2011 auction of Nortel’s patent assets.

33. Sony Corporation of America
1 Sony Drive
Park Ridge, New Jersey 07450
Sony Corporation of America is a shareholder of Rockstar and is likely to have
relevant information related to the 2011 auction of Nortel’s patent assets.
34. Rockstar Bidco
c/o Paul Weiss Rifkind Wharton & Garrison
1285 Avenue of the Americas
New York, New York 10019
Attention: Marilyn Sobel
Rockstar Bidco purchased Nortel’s patent portfolio in the 2011 auction. Rockstar
Bidco is likely to have information related to the valuation, analysis, and acquisition
of Nortel’s patent assets, including the patents-in-suit.
35. Rockstar Consortium LLC
c/o LaBarge Weinstein LLP
800-515 Legget Drive
Ottawa, Ontario
Canada K2K 3G4
Attention: Michael Dunleavy
Rockstar Consortium LLC is Rockstar Consortium US LP’s General Partner.
Rockstar Consortium LLC is likely to have information relevant to the corporate
structure and formation of Rockstar Consortium US LP, NetStar, and affiliated
entities.
36. Rockstar Consortium Inc.
515 Legget Drive, Suite 300
Ottawa, Ontario K2K 3G4
Rockstar Consortium Inc. can be contacted through Counsel for Plaintiffs, Susman
Godfrey.
Rockstar Consortium Inc. contracts with Rockstar Consortium US LP to provide
technical and other services. Rockstar Consortium Inc. is likely to have information
relevant to Rockstar’s analysis, valuation, monetization, and assertion of the patentsin-suit, as well as to the corporate structure of Rockstar Consortium US LP, NetStar,
and affiliated entities.
37. Nortel Networks Corporation
5945 Airport Road
Suite 360
Mississauga, Ontario

Canada L4V 1R9
Nortel Networks Corporation, Nortel’s Canadian entity, is likely to have relevant
information regarding the 2011 auction of Nortel’s patent assets and information
regarding the patents-in-suit as the original assignee of the patents-in-suit.
38. Nortel Networks, Inc.
c/o Cleary Gottlieb
One Liberty Plaza
New York, NY 10006
[phone]
Nortel Networks, Inc., Nortel’s United States entity, is likely to have relevant
information regarding the 2011 auction of Nortel’s patent assets and of Nortel-related
information as the United States entity whose sister corporations held the patents-insuit.
39. Google, Inc.
1600 Amphitheatre Parkway
Mountain View, California 94043
[phone]
Google, Inc., the defendant in this suit, is likely to have information relevant to the
development, testing, functionality, creation, implementation, analysis, marketing,
advertising, licensing, promotion, and/or sale of the Accused Instrumentalities,
including but not limited to Google Ads, Google AdWords, and Google AdWords
Express or similar functionality used in conjunction with google.com, the Google
Search app, the Android search bar, Google custom search, Google premium search
services, youtube.com; Google search services provided to third-party websites such
as Custom Search Services or AdSense for Search; and other Google-owned property
that matches advertisements based in part on a received search term, along with
Google’s search algorithm and Google’s algorithm for providing advertisements with
search results.
Based on the June 2010 meeting between Nortel and Google, Google is likely to have
information relevant to Nortel’s licensing activities related to the patents-in-suit.
Google also is likely to have information related to the 2011 auction of Nortel’s
patent assets, including its own preparation for and bidding during the auction and its
analyses of the portfolio and specifically the patents-in-suit.
40. David Nagle
Google, Inc.
111 8th Avenue
New York, New York 10011
[phone]

Mr. Nagle is Google’s Director of Display Ads and Storage technology. He is likely
to have information related to how Google selects and displays search results and
advertisements.
41. Nikesh Arora
Google, Inc.
1600 Amphitheatre Parkway
Mountain View, California 94043
[phone]
Mr. Arora is the Chief Business Officer of Google and as such is likely to have
information regarding Google’s customer operations, marketing, partnerships, and
revenue.
42. Salar Kamangar
Google, Inc.
1600 Amphitheatre Parkway
Mountain View, California 94043
[phone]
Mr. Kamangar is the Senior Vice President of Products at Google. Mr. Kamangar is
likely to have information related to the Accused Instrumentalities and their
importance to Google’s products and business.
43. Sridhar Ramaswamy
Google, Inc.
1600 Amphitheatre Parkway
Mountain View, California 94043
[phone]
Mr. Ramaswamy is Google’s Senior Vice President for Ads and Commerce. He is
likely to have relevant information related to how Google identifies and delivers
search results and how Google prices, selects, and serves advertisements.
44. Alan Eustace
Google, Inc.
1600 Amphitheatre Parkway
Mountain View, California 94043
[phone]
Mr. Eustace is Google’s Senior Vice President for Knowledge. He is likely to have
relevant information related to how Google identifies and delivers search results.
45. Vic Gundotra
Google, Inc.
1600 Amphitheatre Parkway

Mountain View, California 94043
[phone]
Mr. Gundotra is Google’s Senior Vice President for Social. Mr. Gundotra is likely to
have relevant information related to how Google uses user profile and preference data
from Google’s social platforms, including Google+, to customize search results and
advertisements.
46. Larry Page
Google, Inc.
1600 Amphitheatre Parkway
Mountain View, California 94043
[phone]
Mr. Page is the CEO and Co-Founder of Google. He is likely to have relevant
information related to the importance of the Accused Instrumentalities to Google, the
development of the search algorithm, the importance of Google AdWords to the
company, and the auction for the patents-in-suit.
47. Sergey Brin
Google, Inc.
1600 Amphitheatre Parkway
Mountain View, California 94043
[phone]
Mr. Brin is a Co-Founder of Google. He is likely to have relevant information related
to the importance of the Accused Instrumentalities to Google, the development of the
search algorithm, the importance of Google AdWords to the company, and the
auction for the patents-in-suit.
48. Michelle Lee
United States Patent and Trademark Office
600 Dulany Street
Alexandria, Virginia 22314
[phone]
Ms. Lee is former General Counsel for Intellectual Property to Google, Inc. She is
likely to have information related to Google’s analysis, assessment and valuation of
the patents-in-suit, in addition to information related to the auction of Nortel’s patent
assets.
49. Attorneys, patent agents, or other individuals involved in the prosecution of the
Patents or related patents and patent applications may have relevant information
regarding, among other things, the prosecution of the Patents and related patents and
patent applications.

50. Individuals possessing any information related to Google’s defenses and any future
counterclaims are likely to have information relevant to this case.
51. Individuals named as authors of any of the prior art references cited on the face of any
of the patents-in-suit and any related patents may have relevant information related to
the prior art references and related patents.

Rockstar and NetStar also counter-designate those witnesses identified in Google’s initial
disclosures and subsequent disclosures. In addition, Rockstar and NetStar identify the document
custodians for Google and the individuals identified in Google’s Initial Disclosures as persons
with knowledge of relevant facts. Rockstar and NetStar will supplement their disclosures, as
appropriate, in accordance with the Federal Rules of Civil Procedure, the Local Rules, and the
Court’s Docket Control Order.

E. Any indemnity and insuring agreements under which any person or entity may
be liable to satisfy part or all of a judgment entered in this action or to indemnify
or reimburse for payments made to satisfy the judgment
Plaintiffs do not have any agreements in this category.
F. Any settlement agreements relevant to the subject matter of this action
Plaintiffs do not have any agreements in this category.
G. Any statement of any party to the litigation
Plaintiffs do not have any documents in this category.

DATED: April 28, 2014

Respectfully submitted,
By: /s/ Kristin M. Malone
Max L. Tribble, Jr. – Lead Counsel
State Bar No. 20213950
Alexander L. Kaplan
State Bar No. 24046185
John P. Lahad
State Bar No. 24068095

Shawn Blackburn
State Bar No.
SUSMAN GODFREY L.L.P.
1000 Louisiana Street, Suite 5100
Houston, Texas 77002
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Justin A. Nelson, State Bar No. 24034766
Parker C. Folse, III, WA State Bar No. 24895
SUSMAN GODFREY L.L.P.
1201 Third Ave, Suite 3800
Seattle, Washington 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
T. John Ward, Jr., State Bar No. 00794818
Claire Abernathy Henry, State Bar No. 24053063
WARD & SMITH LAW FIRM
P.O. Box 1231
Longview, TX 75606-1231
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Rockstar Consortium US LP and
NetStar Technologies LLC

CERTIFICATE OF SERVICE
I hereby certify that all counsel of record, who are deemed to have consented to
electronic service are being served this 28th day of April, 2014 with a copy of this document via
email.
/s/ Kristin M. Malone