Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Filing 842

Opposed MOTION for Attorney Fees Yahoo!'s Motion to Declare this an Exceptional Case and for Attorneys' Fees and Costs Pursuant to 35 USC Sec. 285 by Yahoo! Inc.. (Attachments: #1 Affidavit B. James Decl., #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25)(Chaikovsky, Yar) (Additional attachment(s) added on 6/7/2011: #27 Text of Proposed Order) (mll, ).

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

BEDROCK COMPUTER TECHNOLOGIES
LLC,
Plaintiff,
v.
YAHOO! INC.,
Defendant.

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Case No. 6:09-cv-269
JURY TRIAL DEMANDED
The Honorable Leonard E. Davis

DECLARATION OF BRYAN K. JAMES IN SUPPORT OF YAHOO! INC’S MOTION
TO DECLARE THIS AN EXCEPTIONAL CASE AND FOR ATTORNEYS’ FEES AND
COSTS PURSUANT TO 35 U.S.C. § 285
I, Bryan K. James, declare as follows:
1.

I am an attorney in good standing with the law firm of McDermott, Will &

Emery, counsel of record for Defendant Yahoo! Inc. I am over eighteen years of age, of sound
mind, and am competent in all respects to make this declaration. Unless otherwise stated, I have
personal knowledge of the facts set forth in this declaration and if called as a witness, could
testify competently to such facts under oath.
2.

Attached hereto as Exhibit 1 is a true and correct copy of excerpts from the April

27, 2011 Morning Session Trial Transcript in this case.
3.

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

10, 2011 Trial Transcript in this case.
4.

Attached hereto as Exhibit 3 is a true and correct copy of Plaintiff’s Responses to

Yahoo’s Fifth Set of Interrogatories (Nos. 9-20) dated January 12, 2011.

5.

Attached hereto as Exhibit 4 is a true and correct copy of Plaintiff Bedrock

Computer Technologies LLC’s Objections and Responses to Yahoo! Inc.’s Second Set of
Requests for Admissions to Plaintiff dated January 12, 2011.
6.

Attached hereto as Exhibit 5 is a true and correct copy of the USPTO Non-Final

Office Action from the First Reexamination of Patent No. 5,893,120, dated July 23, 2010.
7.

Attached hereto as Exhibit 6 is a true and correct copy of Bedrock’s Amendment

in Ex Parte Reexamination of U.S. Patent No. 5,893,120 in Reply to the USPTO Office Action
of July 23, 2010, without exhibits, dated November 23, 2010.
8.

Attached hereto as Exhibit 7 is a true and correct copy of the USPTO Office

Notice of Intent to Issue Ex Parte Reexamination Certificate for Patent No. 5,893,120, dated
January 14, 2011.
9.

Attached hereto as Exhibit 8 is a true and correct copy of the Second USPTO

Determination granting the request for Ex Parte Reexamination of U.S. Patent No. 5,893,120,
dated February 22, 2011.
10.

Attached hereto as Exhibit 9 is a true and correct copy of the USPTO Ex Parte

Reexamination Certificate issued for the First Reexamination of U.S. Patent 5,893,120, dated
April 12, 2011.
11.

Attached hereto as Exhibit 10 is a true and correct copy of excerpts from the

February 16, 2011 transcript from the hearing in this case.
12.

Attached hereto as Exhibit 11 is a true and correct copy of excerpts from the April

27, 2011 Afternoon Session Trial Transcript in this case.
13.

Attached hereto as Exhibit 12 is a true and correct copy of excerpts from the May

9, 2011 Trial Transcript in this case.

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14.

Attached hereto as Exhibit 13 is a true and correct copy of Bedrock’s Information

Disclosure Statement in the reexamination of the ’120 patent filed with the Patent and Trademark
Office on April 28, 2011.
15.

Attached hereto as Exhibit 14 is a true and correct copy of excerpts from the April

29, 2011 Morning Session Trial Transcript in this case.
16.

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

29, 2011 Afternoon Session Trial Transcript in this case.
17.

Attached hereto as Exhibit 16 is a true and correct copy of the Opening Expert

Report of Dr. Mark Jones dated January 25, 2011.
18.

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

28, 2011 Morning Session Trial Transcript in this case.
19.

Attached hereto as Exhibit 18 is a true and correct copy of Yahoo! Inc.’s First Set

of Interrogatories to Plaintiff Bedrock Computer Technologies LLC, dated March 2, 2010.
20.

Attached hereto as Exhibit 19 is a true and correct copy of a letter from Austin

Curry to Defendants, dated April 30, 2010.
21.

Attached hereto as Exhibit 20 is a true and correct copy of Plaintiff’s First Rule

30(B)(6) Deposition Notice to Defendant Yahoo! Inc., dated July 14, 2010.
22.

Attached hereto as Exhibit 21 is a true and correct copy of Plaintiff’s Second Rule

30(B)(6) Deposition Notice to Defendant Yahoo! Inc., dated July 14, 2010.
23.

Attached hereto as Exhibit 22 is a true and correct copy of Plaintiff Bedrock

Computer Technologies LLC’s Objections and Responses to Yahoo! Inc.’s Third Set of
Interrogatories (Nos. 4-7) dated September 2, 2010.

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24.

Attached hereto as Exhibit 23 is a true and correct copy of excerpts from the

October 7, 2010 Markman Hearing in this case.
25.

Attached hereto as Exhibit 24 is a true and correct copy of Plaintiff Bedrock

Computer Technologies LLC’s Objections and Responses to Yahoo! Inc.’s Fourth Set of
Interrogatories (No. 8), dated December 3, 2010.
26.

Attached hereto as Exhibit 25 is a true and correct copy of excerpts from the April

28, 2011 Afternoon Session Trial Transcript in this case.
27.

Attached hereto as Exhibit 26 is a true and correct copy of the Opening Expert

Report of Mr. Roy Weinstein dated January 25, 2011. This Exhibit is being filed under seal.
Per 28 U.S.C. § 1746, I declare under penalty of perjury under the laws of the United
States that the foregoing is true and correct. Executed on June 6, 2011 at Menlo Park, California.

/s/ Bryan K. James____________________
Bryan K. James
California State Bar No. 260753
MCDERMOTT WILL & EMERY LLP
275 Middlefield Road, Suite 100
Menlo Park, CA 94025
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
ATTORNEY FOR DEFENDANT
Yahoo! Inc.

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