Aloft Media, LLC v. Oracle Corporation et al

Filing 163

MOTION for Summary Judgment OF INVALIDITY OF THE ASSERTED CLAIMS OF UNITED STATES PATENT NOS. 7,499,898 AND 7,593,910 FOR INDEFINITENESS by Halliburton Co., Halliburton Energy Services, Inc.. (Attachments: # 1 Affidavit Phillip Aurentz in Support of MSJ, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Aurentz, Phillip) (Additional attachment(s) added on 12/8/2010: # 6 Text of Proposed Order) (mjc, ).

Aloft Media, LLC v. Oracle Corporation et al

Doc. 163 Att. 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ALOFT MEDIA, LLC, Plaintiff, v. ORACLE CORPORATION, ET AL., Defendants. § § § § § § Civil Action No. 6:09-CV-304 JURY TRIAL DEMANDED

DECLARATION OF PHILLIP AURENTZ I, Phillip Aurentz, declare and state under the penalty of perjury as follows: 1. My name is Phillip Aurentz. I am over the age of twenty-one (21) years, have

never been convicted of a felony, and am fully competent to make this declaration. I have personal knowledge of matters set forth herein and know them to be true and correct. I

understand that this declaration is submitted in support of Defendants' Motion for Summary Judgment of Invalidity of the Asserted Claims of United States Patent Nos. 7,499,898 and 7,593,910 for Indefiniteness ("Motion for Summary Judgment on Indefiniteness"). I am an Associate at the law firm of McKool Smith, P.C., attorneys representing Halliburton Energy Services, Inc. and Halliburton Company (collectively, "Halliburton") having day-to-day conduct of this litigation, and have gained knowledge of the following matters in that capacity: 2. Attached as Exhibit A to Defendants' Motion for Summary Judgment on

Indefiniteness is a true and correct copy of U.S. Patent No. 7,499,898. 3. Attached as Exhibit B to Defendants' Motion for Summary Judgment on

Indefiniteness is a true and correct copy of U.S. Patent No. 7,593,910. 4. Attached as Exhibit C to Defendants' Motion For Summary Judgment on

Indefiniteness is a true and correct copy of the relevant pages of The American Heritage Dictionary (3d ed. 1994).

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I declare under penalty of perjury pursuant to 28 U.S.C. § 1746 that the foregoing is true and correct, and that this declaration was executed on December 7, 2010, in Dallas, Texas.

_/s/ Phillip Aurentz_________________ Phillip Aurentz