Stragent, LLC et al v. Classmates Online, Inc. et al

Filing 69

MOTION to Dismiss for Lack of Jurisdiction of Subject Matter and Personal (F.R.C.P. §§12(b)1 and 12(b)(2); and Improper Venue (F.R.C.P. §12(b)(3) by Classmates Media Corporation, United Online, Inc.. (Attachments: # 1 Affidavit of Victor de Gyarfas, # 2 Exhibit A to de Gyarfas Decl., # 3 Exhibit B to de Gyarfas Decl., # 4 Exhibit C to de Gyarfas Decl., # 5 Exhibit D to de Gyarfas Decl., # 6 Exhibit E to de Gyarfas Decl., # 7 Text of Proposed Order)(Robinson, William) (Additional attachment(s) added on 10/18/2010: # 8 Text of Proposed Order) (kls, ).

Stragent, LLC et al v. Classmates Online, Inc. et al

Doc. 69 Att. 1

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION STRAGENT, LLC and SEESAW FOUNDATION, Plaintiffs, vs. CLASSMATES ONLINE, INC.; CLASSMATES MEDIA CORPORATION; UNITED ONLINE, INC.; GANNETT CO., INC.; LINDEN RESEARCH, INC.; MEEBO, INC.; MTV NETWORKS; VIACOM INC.; MYLIFE.COM, INC.; MYSPACE, INC.; NOVELL, INC.; PLAXO, INC.; and TWITTER, INC., Defendants. Case No. 6:10-cv-00242-LED

DECLARATION OF VICTOR DE GYARFAS IN SUPPORT OF DEFENDANTS UNITED ONLINE, INC. AND CLASSMATES MEDIA CORPORATION'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION, FED. R. CIV. P. 12(B)(1), LACK OF PERSONAL JURISDICTION, FED. R. CIV. P. 12(B)(2), AND IMPROPER VENUE, FED. R. CIV. P. 12(B)(3)

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Dockets.Justia.com

I, Victor de Gyarfas, declare: 1. I make this declaration on the basis of personal knowledge, and if called to testify

as a witness, I would and could competently testify hereto. 2. I am a partner at the law firm Foley & Lardner LLP, and counsel of record for

Defendants United Online, Inc. And Classmates Media Corporation in this action. I make this declaration in support of Defendants United Online, Inc. And Classmates Media Corporation's Motion To Dismiss For Lack Of Subject Matter Jurisdiction, Fed. R. Civ. P. 12(b)(1), Lack Of Personal Jurisdiction, Fed. R. Civ. P. 12(b)(2), And Improper Venue, Fed. R. Civ. P. 12(b)(3). 3. Attached hereto as Exhibit A is a true and correct copy of the Second Amended

Complaint for Patent Infringement filed on September 17, 2010, in this Case No. 6:10-cv-00242LED. 4. Attached hereto as Exhibit B is Declaration of Neil P. Edwards, who is Senior

Vice President of Finance, Treasurer, and Chief Accounting Officer of United Online, Inc. and Classmates Media Corporation, in support of Defendants United Online, Inc. And Classmates Media Corporation's Motion To Dismiss. 5. Attached hereto as Exhibit C is a true and correct copy of Colida v. Sony

Corporation of America, No. CIV-2093 (RJH), 2004 WL 1737835 (S.D.N.Y. Aug. 2, 2004). 6. Attached hereto as Exhibit D is a true and correct copy of TI Group v. VDO North

America, No. C.A. 00-432-GMS, 2002 WL 484838 (D. Del. March 7, 2002). 7. Attached hereto as Exhibit E is a true and correct copy of Joao Control &

Monitoring Sys. of Tex., LLC v. Playboy Enters. Inc., No. 6:09-CV-00499-LED, Dkt. No. 56 (E.D. Tex. Mar. 29, 2010). I declare under penalty of perjury that the foregoing is true and correct and that this Declaration is executed on October 18, 2010, at Los Angeles, California. /s/ Victor de Gyarfas

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