Rockstar Consortium US LP et al v. Google Inc

Filing 92

MOTION for Leave to File A Supplemental Brief In Response To Googles Motion To Transfer In Light Of Newly-Acquired Evidence by NetStar Technologies LLC, Rockstar Consortium US LP. (Attachments: # 1 Text of Proposed Order Granting Motion for Leave to File a Supplemental Brief In Response to Google's Motion to Transfer in Light of Newly-Acquired Evidence, # 2 Supplement Plaintiffs' Supplemental Brief In Response to Google's Motion to Transfer, # 3 Affidavit of Amanda Bonn In Support of Plaintiffs' Supplemental Brief In Response to Google's Motion to Transfer, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30)(Bonn, Amanda)

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

ROCKSTAR CONSORTIUM US LP
AND NETSTAR TECHNOLOGIES
LLC,
Civil Action No. 2:13-cv-893

Plaintiff,
v.

JURY TRIAL DEMANDED

GOOGLE INC.,
Defendant.

DECLARATION OF AMANDA K. BONN IN SUPPORT OF
PLAINTIFFS’ SUPPLEMENTAL BRIEF IN RESPONSE TO
GOOGLE’S MOTION TO TRANSFER

I, Amanda K. Bonn, declare as follows:
1.

I am a member in good standing of the California State Bar.

2.

I am an attorney at the law firm Susman Godfrey LLP and I am one of the

attorneys serving as counsel for Plaintiffs Rockstar Consortium US LP and NetStar Technologies
LLC (collectively “Plaintiffs”) in this action. I submit this declaration in support of Plaintiffs’
Supplemental Brief in Response to Google’s Motion to Transfer, which is lodged herewith.
3.

Attached hereto as Exhibit 1 is a true and correct copy of a chart summarizing the

inventors, assignees, and apparent location for prior art references A1 through A29 charted by
Defendant Google Inc.
4.

Attached hereto as Exhibit 2 is a true and correct copy of excerpts from

Defendant Google Inc.’s Invalidity Contentions.

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5.

Attached hereto as Exhibit 3 is a true and correct copy of excerpts from Patent

Application No. WO1997021183A1, charted by Defendant Google Inc. as a prior art reference
and as evidence of the AdaptX prior art reference.
6.

Attached hereto as Exhibit 4 is a true and correct copy of a PR Newswire release

titled “DoubleClick Named Advertising Sales and Distribution Partner for Alta Vista Search
Site; Leading Internet Ad Network Teams with Net’s Largest Search Engine,” charted by
Defendant Google Inc. as a prior art reference.
7.

Attached hereto as Exhibit 5 is a true and correct copy of excerpts from Buckley,

C., “Implementation of the SMART Information Retrieval System,” charted by Defendant
Google Inc. as a prior art reference.
8.

Attached hereto as Exhibit 6 is a true and correct copy of excerpts from U.S.

Patent No. 5,901,287 (“Bull”), charted by Defendant Google Inc. as a prior art reference.
9.

Attached hereto as Exhibit 7 is a true and correct copy of excerpts from U.S.

Patent No. 5,761,662 (“Dasan”), charted by Defendant Google Inc. as a prior art reference.
10.

Attached hereto as Exhibit 8 is a true and correct copy of excerpts from Dedrick,

R., “Interactive Electronic Advertising,” charted by Defendant Google Inc. as a prior art
reference.
11.

Attached hereto as Exhibit 9 is a true and correct copy of excerpts from Dedrick,

R., “A Consumption Model for Targeted Electronic Advertising,” Defendant Google Inc. as a
prior art reference.
12.

Attached hereto as Exhibit 10 is a true and correct copy of execerpts from U.S.

Patent No. 5,710,884 (“Dedrick”), charted by Defendant Google Inc. as a prior art reference.

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13.

Attached hereto as Exhibit 11 is a true and correct copy of excerpts from U.S.

Patent No. 5,948,061 (“Merriman I”), charted by Defendant Google Inc. as evidence of the
DoubleClick prior art reference.
14.

Attached hereto as Exhibit 12 is a true and correct copy of excerpts from U.S.

Patent No. 7,844,488 (“Merriman II”), charted by Defendant Google Inc. as evidence of the
DoubleClick prior art reference.
15.

Attached hereto as Exhibit 13 is a true and correct copy of excerpts from “Short

History of Early Search Engines,” charted by Defendant Google Inc. as evidence of various
search engine prior art references.
16.

Attached hereto as Exhibit 14 is a true and correct copy of excerpts from U.S.

Patent No. 7,072,849 (“Filepp”), charted by Defendant Google Inc. as a prior art reference.
17.

Attached hereto as Exhibit 15 is a true and correct copy of excerpts from

Mooney, G. “Library & Information Research News,” charted by Defendant Google Inc. as a
prior art reference.
18.

Attached hereto as Exhibit 16 is a true and correct copy of excerpts from Fox, E.,

“Development of the Coder System: A Testbed for Artificial Intelligence Methods in
Information Retrieval,” charted by Defendant Google Inc. as a prior art reference.
19.

Attached hereto as Exhibit 17 is a true and correct copy of excerpts from

Gallagher, K. & Parsons, J., “A Framework for Targeting Banner Advertising On the Internet,”
charted by Defendant Google Inc. as a prior art reference.
20.

Attached hereto as Exhibit 18 is a true and correct copy of excerpts from

HealthGate Data Corp.’s Form S-1, charted by Defendant Google Inc. as evidence of the
Healthgate.com prior art reference.

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21.

Attached hereto as Exhibit 19 is a true and correct copy of excerpts from U.S.

Patent No. 5,751,956 (“Kirsch”), charted by Defendant Google Inc. as evidence of the
Infoseek.com prior art reference.
22.

Attached hereto as Exhibit 20 is a true and correct copy of a news article titled

“Autonomy Made 80% Less UK Profit Than Stated, Hewlett-Packard Finds,” accessed online at
http://www.theguardian.com on June 20, 2014.
23.

Attached hereto as Exhibit 21 is a true and correct copy of excerpts from Kohda,

Y. & Endo, S., “Ubiquitous Advertising on the WWW: Merging Advertisement on the Browser,”
charted by Defendant Google Inc. as a prior art reference.
24.

Attached hereto as Exhibit 22 is a true and correct copy of U.S. Patent No.

7,136,853 (“Kohda”), charted by Defendant Google Inc. as a prior art reference.
25.

Attached hereto as Exhibit 23 is a true and correct copy of Larsen, H. & Yager,

R., “Query Fuzzification for Internet Information Retrieval,” charted by Defendant Google Inc.
as a prior art reference.
26.

Attached hereto as Exhibit 24 is a true and correct copy of Myaeng, S. &

Korfhage, R., “Integration of User Profiles: Models and Experiments in Information Retrieval,”
charted by Defendant Google Inc. as a prior art reference.
27.

Attached hereto as Exhibit 25 is a true and correct copy of Myaeng, S. &

Korfhage, R., “Towards an Intelligent and Personalized Retrieval System,” charted by Defendant
Google Inc. as a prior art reference.
28.

Attached hereto as Exhibit 26 is a true and correct copy of a web-bio of Professor

Sung-Hyon Myaeng accessed online at http://ir.kaist.ac.kr/member/professor on June 20, 2014.

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29.

Attached hereto as Exhibit 27 is a true and correct copy of an obituary for

Professor Korfhage accessed online at http://old.post-gazette.com/regionstate/19981122korf9.asp
on June 20, 2014.
30.

Attached hereto as Exhibit 28 is a true and correct copy of a news article titled

“NetGravity AdServer Chosen by GNN to Standardize WebCrawler Advertising Management,”
charted by Defendant Google Inc. as evidence of various prior art references.
31.

Attached hereto as Exhibit 29 is a true and correct copy of a news article titled

“Engine Sells Results, Draws Fire,” charted by Defendant Google Inc. as evidence of the Open
Text prior art reference.
32.

Attached hereto as Exhibit 30 is a true and correct copy of excerpts from Open

Text Corporation’s most recent 8-K filing.
33.

Attached hereto as Exhibit 31 is a true and correct copy of U.S. Patent No.

6,119,101 (“Peckover”), charted by Defendant Google Inc. as a prior art reference.
34.

Attached hereto as Exhibit 32 is a true and correct copy of “Study: Search Engine

Vendors Adopt New Strategies,” (“Phillips Business Information Article”), charted by Defendant
Google Inc. as a prior art reference.
35.

Attached hereto as Exhibit 33 is a true and correct copy of the About Webpage

for Access Intelligence, accessed online at http://www.accessintel.com/aboutus/history.html on
June 20, 2014.
36.

Attached hereto as Exhibit 34 is a true and correct copy of the Contact Webpage

for Access Intelligence, accessed online at http://www.accessintel.com/contactus on June 20,
2014.

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37.

Attached hereto as Exhibit 35 is a true and correct copy of a PR News release

titled “Make Sure Search Engines Find Your Site,” charted by Defendant Google Inc. as a prior
art reference.
38.

Attached hereto as Exhibit 36 is a true and correct copy of the About Webpage

for PR News, accessed online at http://www.prnewsonline.com/about on June 20, 2014.
39.

Attached hereto as Exhibit 37 is a true and correct copy of excerpts from

Radecki, T., “Fuzzy Set Theoretical Approach to Document Retrieval,” charted by Defendant
Google Inc. as a prior art reference.
40.

Attached hereto as Exhibit 38 is a true and correct copy of excerpts from U.S.

Patent No. 6,374,237 (“Reese”), charted by Defendant Google Inc. as a prior art reference.
41.

Attached hereto as Exhibit 39 is a true and correct copy of excerpts from a news

release titled “Microsoft Acquires LinkExchange to Greatly Expand Small-Business Services
from

MSN,”

accessed

online

at

http://www.microsoft.com/en-us/news/press/1998/

nov98/linkpr.aspx on June 20, 2014.
42.

Attached hereto as Exhibit 40 is a true and correct copy of a Submit-It! Company

Overview Page, charted by Defendant Google Inc. as a prior art reference.
43.

Attached hereto as Exhibit 41 is a true and correct copy of excerpts from U.S.

Patent No. 5,886,683 (“Tognazzini”), charted by Defendant Google Inc. as a prior art reference.
44.

Attached hereto as Exhibit 42 is a true and correct copy of excerpts from

Turpeinen, M. et al., “Architecture for Agent-Mediated Personalised News Services,” charted by
Defendant Google Inc. as a prior art reference.

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45.

Attached hereto as Exhibit 43 is a true and correct copy of a news release titled

“Ybrant buys Lycos for $36 Million,” accessed online at http://www.ybrantdigital.com/
corpimages/ybrant-buys-lycos.pdf on June 20, 2014.
46.

Attached hereto as Exhibit 44 is a true and correct copy of a news article titled

“Blucora Disputes Claims of Illicit Search Traffic,” accessed online at http://seattletimes.com/
html/businesstechnology/2022939043_blucoragothamxml.html on June 20, 2014.
47.

Attached hereto as Exhibit 45 is a true and correct copy of Wilms, G., “A Natural

Language Interface for Intelligent Document Information and Retrieval System,” charted by
Defendant Google Inc. as a prior art reference.
48.

Attached hereto as Exhibit 46 is a true and correct copy of excerpts from a Notice

of Subpoena directed to Bruce E. Garlick, Esq., served by Defendant Google Inc. on June 5,
2014.
49.

Attached hereto as Exhibit 47 is a true and correct copy of excerpts from a Notice

of Subpoena directed to Garlick & Markison, served by Defendant Google Inc. on June 5, 2014.
50.

Attached hereto as Exhibit 48 is a true and correct copy of excerpts from a Notice

of Subpoena directed to Vernon E. Williams, served by Defendant Google Inc. on June 5, 2014.
51.

Attached hereto as Exhibit 49 is a true and correct copy of excerpts from a Notice

of Subpoena directed to Frederick Caldwell Livermore, served by Defendant Google Inc. on
June 6, 2014.
52.

Attached hereto as Exhibit 50 is a true and correct copy of excerpts from a Notice

of Subpoena directed to Richard Prescott Skillen, served by Defendant Google Inc. on June 6,
2014.

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53.

Attached hereto as Exhibit 51 is a true and correct copy of excerpts from a Notice

of Subpoena directed to Blucora, served by Defendant Google Inc. on June 10, 2014.
54.

Attached hereto as Exhibit 52 is a true and correct copy of excerpts from a Notice

of Subpoena directed to Conde Nast Publications, served by Defendant Google Inc. on June 10,
2014.
55.

Attached hereto as Exhibit 53 is a true and correct copy of excerpts from a Notice

of Subpoena directed to The Walt Disney Company, served by Defendant Google Inc. on June
10, 2014.
56.

Attached hereto as Exhibit 54 is a true and correct copy of excerpts from a Notice

of Subpoena directed to Healthgate Data Corp., served by Defendant Google Inc. on June 10,
2014.
57.

Attached hereto as Exhibit 55 is a true and correct copy of excerpts from a Notice

of Subpoena directed to Hewlett-Packard Co., served by Defendant Google Inc. on June 10,
2014.
58.

Attached hereto as Exhibit 56 is a true and correct copy of excerpts from a Notice

of Subpoena directed to IAC/InterActiveCorp, served by Defendant Google Inc. on June 10,
2014.
59.

Attached hereto as Exhibit 57 is a true and correct copy of excerpts from a Notice

of Subpoena directed to Open Text Corp., served by Defendant Google Inc. on June 10, 2014.
60.

Attached hereto as Exhibit 58 is a true and correct copy of excerpts from a Notice

of Subpoena directed to Bloomberg LP, served by Defendant Google Inc. on June 20, 2014.
61.

Attached hereto as Exhibit 58 is a true and correct copy of excerpts from a Notice

of Subpoena directed to Bloomberg LP, served by Defendant Google Inc. on June 20, 2014.

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62.

Attached hereto as Exhibit 59 is a true and correct copy of excerpts from a Notice

of Subpoena directed to Film Scouts LLC, served by Defendant Google Inc. on June 20, 2014.
63.

Attached hereto as Exhibit 60 is a true and correct copy of excerpts from a Notice

of Subpoena directed to Fishing Network Inc., served by Defendant Google Inc. on June 20,
2014.
64.

Attached hereto as Exhibit 61 is a true and correct copy of excerpts from a Notice

of Subpoena directed to the New York Times Company, served by Defendant Google Inc. on
June 20, 2014.
65.

Attached hereto as Exhibit 61 is a true and correct copy of excerpts from a Notice

of Subpoena directed to the New York Times Company, served by Defendant Google Inc. on
June 20, 2014.
66.

Attached hereto as Exhibit 62 is a true and correct copy of excerpts from a Notice

of Subpoena directed to PennWell Corp., served by Defendant Google Inc. on June 20, 2014.
67.

Attached hereto as Exhibit 63 is a true and correct copy of excerpts from a Notice

of Subpoena directed to Playboy Enterprises, Inc., served by Defendant Google Inc. on June 20,
2014.
68.

Attached hereto as Exhibit 64 is a true and correct copy of excerpts from a Notice

of Subpoena directed to Ryman Hospitality Properties, Inc., served by Defendant Google Inc. on
June 20, 2014.
69.

Attached hereto as Exhibit 65 is a true and correct copy of excerpts from a Notice

of Subpoena directed to Turner Broadcasting System, Inc., served by Defendant Google Inc. on
June 20, 2014.

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70.

Attached hereto as Exhibit 66 is a true and correct copy of the web-bio of

Professor G. Jan Wilms, accessed online at http://www.uu.edu/dept/compscience/wilms.cfm on
June 20, 2014.

I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Signed this 20th day of June, 2014, at Los Angeles, California

/s/ Amanda K. Bonn
Amanda K. Bonn

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CERTIFICATE OF SERVICE
I hereby certify that all counsel of record, who are deemed to have consented to
electronic service are being served this 20th day of June, 2014 with a copy of this document via
the Court’s CM/ECF system per Local Rule CD-5(a)(3).

/s/ Amanda K. Bonn
Amanda K. Bonn

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