Rosetta Stone LTD v. Google Inc.

Filing 146

Objection to 123 Declaration, 124 Declaration, 120 MOTION to Exclude Expert Report and Opinion of Dr. Kent Van Liere, 114 Declaration, 117 Declaration, 116 Declaration,, filed by Rosetta Stone LTD. (Allen, Warren)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
____________________________________
ROSETTA STONE LTD.,
)
)
Plaintiff,
)
)
vs.
)
)
GOOGLE INC.,
)
)
Defendant.
)
____________________________________)

Civ. Action No. 1:09-cv-00736(GBL/TCB)

ROSETTA STONE LTD.’S OBJECTIONS TO DECLARATIONS IN SUPPORT OF
GOOGLE INC.’S MOTION FOR SUMMARY JUDGMENT AND ITS MOTION TO
EXCLUDE EXPERT REPORT AND OPINION OF DR. KENT VAN LIERE

Rosetta Stone Ltd. hereby objects to the Declarations of Edward A. Blair, Ph.D., Margret
Caruso, Cheryl Galvin, Bill Lloyd and Cory Louie, which were submitted in support of Google’s
motion for summary judgment, as follows. Rosetta Stone reserves the right to add to, or amend,
these objections, as appropriate and necessary.
DECLARATION OF EDWARD A. BLAIR, PH.D.
1.

Rosetta Stone objects to Exhibit A on the grounds that it constitutes hearsay and

will not assist the trier of fact.
2.

Rosetta Stone objects to the opinions presented in Paragraphs 9 through 12 and 16

through 19 on the ground that the disclosure of such opinions is untimely.
DECLARATION OF MARGRET CARUSO
1.

Rosetta Stone objects to Exhibit 2 on the grounds that it is irrelevant, lacks

foundation and constitutes hearsay.
2.

Rosetta Stone objects to Exhibit 4 on the ground that it lacks foundation.

3.

Rosetta Stone objects to Exhibit 5 on the grounds that it lacks foundation and

constitutes hearsay.
4.

Rosetta Stone objects to Exhibit 20 on the grounds that it lacks foundation and

constitutes hearsay.
5.

Rosetta Stone objects to Exhibit 21 on the grounds that it lacks foundation and

constitutes hearsay.
6.

Rosetta Stone objects to Exhibit 22 on the grounds that it lacks foundation and

constitutes hearsay.
7.

Rosetta Stone objects to Exhibit 23 on the grounds that it lacks foundation and

constitutes hearsay.

8.

Rosetta Stone objects to Exhibit 24 on the grounds that it lacks foundation and

constitutes hearsay.
9.

Rosetta Stone objects to Exhibit 25 on the grounds that it lacks foundation and

constitutes hearsay.
10.

Rosetta Stone objects to Exhibit 26 on the grounds that it lacks foundation and

constitutes hearsay.
11.

Rosetta Stone objects to Exhibit 27 on the ground that the document appended to

the Declaration is not the document referenced in the Declaration. Rosetta Stone objects to the
document bates labeled GOOG-RS-0494014 to GOOG-RS-0494018, the document referenced in
the Declaration, on the grounds that it lacks foundation and constitutes hearsay.
12.

Rosetta Stone objects to Exhibit 28 on the grounds that it lacks foundation and

constitutes hearsay.
13.

Rosetta Stone objects to Exhibit 29 on the grounds that it lacks foundation and

constitutes hearsay.
14.

Rosetta Stone objects to Exhibit 30 on the ground that it lacks foundation.

15.

Rosetta Stone objects to Exhibit 31 on the ground that it lacks foundation.

16.

Rosetta Stone objects to Exhibit 32 on the ground that it lacks foundation.

17.

Rosetta Stone objects to Exhibit 33 on the ground that it lacks foundation.

18.

Rosetta Stone objects to Exhibit 34 on the ground that it lacks foundation.

19.

Rosetta Stone objects to Exhibit 35 on the ground that it lacks foundation.

20.

Rosetta Stone objects to Exhibit 36 on the grounds that it is irrelevant, lacks

foundation and constitutes hearsay.

2

21.

Rosetta Stone objects to Exhibit 37 on the grounds that it is irrelevant, lacks

foundation and constitutes hearsay.
22.

Rosetta Stone objects to Exhibit 38 on the grounds that it is irrelevant, lacks

foundation and constitutes hearsay.
23.

Rosetta Stone objects to Exhibit 39 on the grounds that it is irrelevant, lacks

foundation and constitutes hearsay.
24.

Rosetta Stone objects to Exhibit 41 on the grounds that it lacks foundation and

constitutes hearsay.
25.

Rosetta Stone objects to Exhibit 43 on the grounds that it lacks foundation and

constitutes hearsay.
26.

Rosetta Stone objects to Exhibit 44 on the grounds that it lacks foundation and

constitutes hearsay.
27.

Rosetta Stone objects to Exhibit 45 on the grounds that it is incomplete.

28.

Rosetta Stone objects to Exhibit 46 on the ground that the documents appended to

the Declaration at Exhibit 46 are not what they are represented to be.
29.

Rosetta Stone objects to Exhibit 47 on the grounds that it lacks foundation and

constitutes hearsay.
30.

Rosetta Stone objects to Exhibit 48 on the grounds that it lacks foundation and

constitutes hearsay.
31.

Rosetta Stone objects to Exhibit 49 on the grounds that it lacks foundation and

constitutes hearsay.
32.

Rosetta Stone objects to Exhibit 50 on the ground that it constitutes hearsay.

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33.

Rosetta Stone objects to the deposition testimony submitted as Exhibits 51 and 77

as follows:
Exhibit

Deponent

Page/Line

Objection

51

Tom Adams

218:15-219:25

Relevance

77

Michael Wu

195:3-196:1

Relevance

DECLARATION OF CHERYL GALVIN
1.

Rosetta Stone objects to the deposition testimony submitted as Exhibit 5 as

follows:
Exhibit
5

Deponent
Nino G. Ninov

Page/Line
68:22-72:8

Objection
Foundation

2.

Rosetta Stone objects to Exhibit 8 on the ground that it lacks foundation.

3.

Rosetta Stone objects to Exhibit 9 on the ground that it lacks foundation.
DECLARATION OF BILL LLOYD

1.

Rosetta Stone objects to Exhibit 1 on the grounds that it lacks foundation and

constitutes hearsay.
2.

Rosetta Stone objects to Exhibit 2 on the grounds that it lacks foundation and

constitutes hearsay.
3.

Rosetta Stone objects to Exhibit 3 on the grounds that it lacks foundation and

constitutes hearsay.

Rosetta Stone objects to Exhibit 1 on the grounds that it lacks foundation

and constitutes hearsay.
4.

Rosetta Stone objects to Exhibit 4 on the grounds that it lacks foundation and

constitutes hearsay.

4

5.

Rosetta Stone objects to Exhibit 5 on the grounds that it lacks foundation and

constitutes hearsay.
6.

Rosetta Stone objects to Exhibit 6 on the grounds that it lacks foundation and

constitutes hearsay.
7.

Rosetta Stone objects to Exhibit 7 on the grounds that it lacks foundation and

constitutes hearsay.
8.

Rosetta Stone objects to Exhibit 8 on the grounds that it lacks foundation and

constitutes hearsay.
9.

Rosetta Stone objects to Exhibit 9 on the grounds that it lacks foundation and

constitutes hearsay.
10.

Rosetta Stone objects to Exhibit 10 on the grounds that it lacks foundation and

constitutes hearsay.
11.

Rosetta Stone objects to Exhibit 11 on the grounds that it lacks foundation and

constitutes hearsay.
12.

Rosetta Stone objects to Exhibit 12 on the grounds that it lacks foundation and

constitutes hearsay.
DECLARATION OF CORY LOUIE
1.

Rosetta Stone objects to the statements contained in Paragraph 3 on the ground

that they lack foundation.
2.

Rosetta Stone objects to the statements contained in Paragraph 4 on the ground

that they lack foundation.
3.

Rosetta Stone objects to the statements contained in Paragraph 5 on the ground

that they lack foundation.

5

4.

Rosetta Stone objects to the statements contained in Paragraph 6 on the ground

that they lack foundation.
Respectfully submitted,
April 9, 2010
Of Counsel:
Mitchell S. Ettinger
(Pro hac vice)
Clifford M. Sloan
(Pro hac vice)
Jennifer L. Spaziano
(Pro hac vice)
Skadden, Arps, Slate, Meagher & Flom, LLP
1440 New York Avenue, N.W.
Washington, D.C. 20005-2111

/s/
Warren T. Allen II
Virginia Bar Number 72691
Attorney for Plaintiff Rosetta Stone Ltd.
Skadden, Arps, Slate, Meagher & Flom, LLP
1440 New York Avenue, N.W.
Washington, D.C. 20005-2111
[phone]
[phone]
[e-mail]

6

CERTIFICATE OF SERVICE
I hereby certify that on April 9, 2010 I will electronically file the foregoing with the
Clerk of the Court using the CM/ECF system which will then send a notification of such filing
(NEF) to the following:
Jonathan D. Frieden
ODIN, FELDMAN & PETTLEMAN, P.C.
9302 Lee Highway, Suite 1100
Fairfax, VA 22031
[e-mail]
Counsel for Defendant, Google Inc.
True and correct copies of documents filed under seal will be sent electronically to:
[e-mail]
[e-mail]

April 9, 2010
Date

/s/
Warren T. Allen II (Va. Bar No. 72691)
Attorney for Rosetta Stone Ltd.
Skadden, Arps, Slate, Meagher & Flom LLP
1440 New York Avenue, N.W.
Washington, D.C. 20005-2111
Telephone: [phone]
Facsimile: [phone]
[e-mail]