Microsoft Corporation v. Immersion Corporation

Filing 31

DECLARATION of Jofrey M. McWilliam filed by Defendant Immersion Corporation re 26 MOTION to Disqualify Irell & Manella LLP For Violation fo Washington's Rule of Professional Conduct 3.7 (Attachments: # 1 Exhibit 2# 2 Exhibit 3# 3 Exhibit 5# 4 Exhibit 6# 5 Exhibit 9)(McWilliam, Jofrey)

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Microsoft Corporation v. Immersion Corporation Doc. 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The Honorable Ricardo S. Martinez Noted on Motion Calendar: 1/25/2008 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON MICROSOFT CORPORATION, a Washington ) corporation, ) ) Plaintiff, ) ) v. ) ) IMMERSION CORPORATION, a Delaware ) corporation, ) ) Defendant. ) ) No. CV07 936RSM DECLARATION OF JOFREY M. MCWILLIAM IN SUPPORT OF IMMERSION CORPORATION'S OPPOSITION TO MICROSOFT'S MOTION TO DISQUALIFY IRELL & MANELLA LLP I, Jofrey M. McWilliam, declare as follows: 1. I am an attorney at the law firm of Byrnes & Keller LLP, counsel of record for defendant Immersion Corporation ("Immersion") in the above-captioned action. I am a member in good standing of the Washington State Bar and am admitted to practice before this Court. I have personal knowledge of the facts set forth in this Declaration and, if called as a witness, could and would testify competently to such facts under oath. 2. Attached hereto as Exhibit 1 is a document, Bates-stamped MS 00008048 through MS 00008064, produced during discovery in this action. It is a true and correct copy of a Sublicense Agreement by and between Microsoft Corporation ("Microsoft") and Immersion dated July 25, 2003. DECLARATION OF JOFREY M. MCWILLIAM IN SUPPORT OF IMMERSION CORPORATION'S OPPOSITION TO MICROSOFT'S MOTION TO DISQUALIFY IRELL & MANELLA LLP (CV07 936RSM) - 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3. Attached hereto as Exhibit 2 is a document, Bates-stamped IMRMS 00000533 through IMRMS 00000548, produced during discovery in this action. It is a true and correct copy of a Jury Verdict Form filed September 21, 2004, in the action in the United States District Court for the Northern District of California entitled Immersion Corporation v. Sony Computer Entertainment of America, Inc. and Sony Computer Entertainment Inc., Northern District of California Case No. C 02-00710 CW (WDB) (the "Sony Lawsuit"). 4. Attached hereto as Exhibit 3 is a document, Bates-stamped IMRMS 00000531 through IMRMS 00000532, produced during discovery in this action. It is a true and correct copy of an Amended Judgment dated April 7, 2005, in the Sony Lawsuit. 5. Attached hereto as Exhibit 4 is a document, Bates-stamped IMRMS 00000018 through IMRMS 00000043, produced during discovery in this action. It is a true and correct copy of an Agreement by and between, on the one hand, Sony Computer Entertainment America Inc., and Sony Computer Entertainment Inc. (collectively, "Sony"), and on the other hand, Immersion, entered into on or about February 28, 2007. 6. Attached hereto as Exhibit 5 is a document, Bates-stamped IMRMS 00000565 through IMRMS 00000566, produced during discovery in this action. It is a true and correct copy of an Order dated March 14, 2007, in the Sony Lawsuit. 7. Attached hereto as Exhibit 6 is a true and correct copy of an Order dated June 12, 2006, and a redacted stipulated request for such an order dated June 7, 2006, in the Sony Lawsuit. 8. Attached hereto as Exhibit 7 is a document, Bates-stamped IMRMS 00001632 through IMRMS 00001650, produced during discovery in this action. It is a true and correct copy of an email from Patrick Reutens to Victor Viegas dated July 5, 2003, 1:16 PM, attaching, among other documents, a term sheet dated July 3, 2003. 9. Attached hereto as Exhibit 8 is a document, Bates-stamped IMRMS 00001666 through IMRMS 00001679, produced during discovery in this action. It is a true and correct MCWILLIAM DECLARATION IN SUPPORT OF IMMERSION'S OPPOSITION TO MICROSOFT'S MOTION TO DISQUALIFY IRELL & MANELLA LLP (CV07 936RSM) - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 copy of an email from Victor Viegas to Patrick Reutens dated July 10, 2003, 12:38 PM, attaching a copy of a term sheet dated July 3, 2003, with Microsoft's proposed changes in blackline. 10. Attached hereto as Exhibit 9 is a true and correct copy of a letter from Paul J. Kundtz to Brad S. Keller and Richard M. Birnholz dated January 14, 2008. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on January 22, 2008, at Seattle, Washington. By /s/ Jofrey M. McWilliam Jofrey M. McWilliam, WSBA #28441 1000 Second Avenue, Suite 3800 Seattle, WA 98104-4082 Telephone: (206) 622-2000 Facsimile: (206) 622-2522 jmcwilliam@byrneskeller.com MCWILLIAM DECLARATION IN SUPPORT OF IMMERSION'S OPPOSITION TO MICROSOFT'S MOTION TO DISQUALIFY IRELL & MANELLA LLP (CV07 936RSM) - 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CERTIFICATE OF SERVICE The undersigned attorney certifies that on the 22nd day of January, 2008, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: Paul J. Kundtz (pkundtz@riddellwilliams.com) Blake Marks-Dias (bmarksdias@riddellwilliams.com) Wendy E. Lyon (wlyon@riddellwilliams.com) Riddell Williams P.S. 1001 Fourth Avenue Plaza, Suite 4500 Seattle, WA 98154-3600 Attorneys for Plaintiff /s/Jofrey M. McWilliam, WSBA #28441 Byrnes & Keller LLP 1000 Second Avenue, 38th Floor Seattle, WA 98104 Telephone: (206) 622-2000 Facsimile: (206) 622-2522 jmcwilliam@byrneskeller.com MCWILLIAM DECLARATION IN SUPPORT OF IMMERSION'S OPPOSITION TO MICROSOFT'S MOTION TO DISQUALIFY IRELL & MANELLA LLP (CV07 936RSM) - 4

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