ESN LLC v. Cisco Systems, Inc. et al

Filing 36

Additional Attachments to Main Document: 35 MOTION to Stay Pending Reexamination.. (Attachments: # 1 Declaration of Kevin A. Smith in Support of Defendants' Motion to Stay, # 2 Exhibit 1(a) to Smith Declaration, # 3 Exhibit 1(b) to Smith Declaration, # 4 Exhibit 1(c) to the Smith Declaration, # 5 Text of Proposed Order)(Maroulis, Victoria) (Additional attachment(s) added on 7/1/2008: # 6 REVISED ORDER) (sm, ).

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION ESN, LLC, Plaint iffs, vs. CISCO SYSTEMS, INC. and CISCOLINKSYS LLC, Defendants. CASE NO. 5:08-CV-20-DF JURY TRIAL DEMANDED

DECLARATION OF KEVIN A. SMITH IN SUPPORT OF DEFENDANTS' MOTION TO STAY I, Kevin A. Smith, hereby declare as follows: 1. I am an associate in the law firm of Quinn Emanuel Urquhart Oliver & Hedges,

LLP, counsel for Cisco-Systems, Inc. and Cisco-Linksys, LLC (collectively "Cisco"). I have personal knowledge of the facts set forth in this declaration and, if called upon as a witness, I could and would testify to such facts under oath. 2. Attached hereto as Exhibit 1 is a true and correct copy of the United States Patent

and Trademark Office's June 13, 2008 Office Action in Inter Partes Reexamination with respect to United States Patent No. 7,283,519. I declare under penalty of perjury of the laws of the United States of America that the foregoing is true and correct. Executed this 30th day of June 2008 in San Francisco, California.

Dated: June 30, 2008

/s/ Kevin A. Smith Kevin A. Smith

1

DECLARATION OF KEVIN A. SMITH IN SUPPORT OF DEFENDANTS' MOTION TO STAY