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

Filing 70

MOTION to Dismiss for Failure to State a Claim (FRCP 2(b)(6) Based on the Failure of teh Patent-in-Suit to Claim Patentable Subject Matter Under 35 U.S.C. §101 by Classmates Online, Inc.. (Attachments: # 1 Appendix 1, # 2 Affidavit of Victor de Gyarfas, # 3 Exhibit A to de Gyarfas Decl, # 4 Exhibit B to de Gyarfas Decl, # 5 Exhibit C to de Gyarfas Decl, # 6 Exhibit D to de Gyarfas Decl, # 7 Exhibit E to de Gyarfas Decl, # 8 Exhibit F to de Gyarfas Decl, # 9 Exhibit G to de Gyarfas Decl, # 10 Exhibit H to de Gyarfas Decl, # 11 Exhibit I to de Gyarfas Decl, # 12 Exhibit J to de Gyarfas Decl, # 13 Exhibit K to de Gyarfas Decl, # 14 Exhibit L to de Gyarfas Decl, # 15 Text of Proposed Order)(Robinson, William)

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

Doc. 70 Att. 2

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 DEFENDANT CLASSMATES ONLINE, INC.'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, FED. R. CIV. P. 12(B)(6) BASED ON THE FAILURE OF THE PATENT-INSUIT TO CLAIM PATENTABLE SUBJECT MATTER UNDER 35 U.S.C. § 101

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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

Defendant Classmates Online, Inc. in this action. I make this declaration in support of Defendant Classmates Online Inc.'s Motion To Dismiss For Failure To State A Claim, Fed. R. Civ. P. 12(b)(6) Based On The Failure Of The Patent-In-Suit To Claim Patentable Subject Matter Under 35 U.S.C. § 101. 3. 6,665,722. 4. Attached hereto as Exhibit B is a true and correct copy Ex parte Cornea-Hasegan, Attached hereto as Exhibit A is a true and correct copy of U.S. Patent No.

89 U.S.P.Q.2d 1557 (B.P.A.I. 2009). 5. Attached hereto as Exhibit C is a true and correct copy of Every Penny Counts,

Inc. v. Bank of America Corp., No. 2:07-cv-042, 2009 U.S. Dist. LEXIS 53626 (M.D. Fla. May 27, 2009). 6. Attached hereto as Exhibit D is a true and correct copy of Ex parte Atkin, No.

2008-4352, 2009 WL 247868 (B.P.A.I. Jan. 30, 2009). 7. Attached hereto as Exhibit E is a true and correct copy of Ex parte Birger, No.

2009-6556, 2010 WL 2800803 (B.P.A.I. July 13, 2010). 8. Attached hereto as Exhibit F is a true and correct copy of Ex parte Holtz, No.

2008-004440, 2009 WL 2586625 (B.P.A.I. Aug. 24, 2009). 9. Attached hereto as Exhibit G is a true and correct copy of Ex parte Mitchell, No.

2008-2012, 2009 WL 460662 (B.P.A.I. Feb. 23, 2009). 10. Attached hereto as Exhibit H is a true and correct copy of Ex parte Proudler, No.

2009-6599, 2010 WL 2727840 (B.P.A.I. July 8, 2010). 11. Attached hereto as Exhibit I is a true and correct copy of Fuzzysharp Techs. Inc.

v. 3D Labs Inc., No. C 07-5948 SBA, 2009 WL 4899215 (N.D. Cal. Dec. 11, 2009).
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12.

Attached hereto as Exhibit J is a true and correct copy of Perfect Web Techs., Inc.

v. InfoUSA, Inc., No. 07-80286-CIV, 2008 WL 6153736 (S.D. Fla. Oct. 27, 2008). 13. Attached hereto as Exhibit K is a true and correct copy of Ultramercial, LLC v.

Hulu, LLC, No. CV 09-06918 RGK(PLAx), 2010 WL 3360098 (C.D. Cal. Aug. 13, 2010). 14. Attached hereto as Exhibit L is a true and correct copy of Ex Parte Greene, No.

2008-4073, 2009 WL 1134839 (B.P.A.I. Apr. 24, 2009). I declare under penalty of perjury that the foregoing is true and correct and that this Declaration is executed on this 18th day of October, 2010, at Los Angeles, California. /s/ Victor de Gyarfas

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