Interval Licensing LLC v. AOL, Inc. et al

Filing 199

DECLARATION of Mark P. Walters filed by Defendant Yahoo! Inc re #198 Joint MOTION to Stay by all Defendants filed (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H - 1, #9 Exhibit H - 2, #10 Exhibit H - 3, #11 Exhibit H - 4, #12 Exhibit H - 5, #13 Exhibit I, #14 Exhibit J)(Walters, Mark)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 v. AOL, INC., et al., Defendants. INTERVAL LICENSING LLC, UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON

Hon. Marsha J. Pechman

No. 2:10-CV-01385-MJP Plaintiff, DECLARATION OF MARK P. WALTERS IN SUPPORT OF DEFENDANTS' JOINT MOTION TO STAY PROCEEDINGS PENDING REEXAMINATION Note on Motion Calendar: April 1, 2011 ORAL ARGUMENT REQUESTED

I, Mark P. Walters, pursuant to 28 U.S.C. § 1746, hereby declare that:
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1.
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I am a partner with the law firm of Frommer Lawrence & Haug LLP,

which firm represents the Defendant Yahoo! Inc. ("Yahoo!") in this action. 2.
21 22

I submit this declaration in support of Defendants' Joint Motion to Stay

Pending Reexamination. 3.
23 24

I have personal knowledge of the matters stated herein, and would testify

accordingly if called to do so. 4.
25 ("the '507 patent"), which is attached to the Plaintiff's First Amended Complaint. 26 Attached as Exhibit A hereto is a copy of United States Patent No. 6,263,507

5.
27 28

Attached as Exhibit B hereto is a copy of United States Patent No. 6,757,682

("the '682 patent"), which is attached to the Plaintiff's First Amended Complaint.
DECL. IN SUPPORT OF DEFS.' JOINT MTN. TO STAY PROCEEDINGS PENDING REEXAM. No. 2:10-CV-01385-MJP ­ PAGE 1
FROMMER LAWRENCE & HAUG LLP 1191 SECOND AVENUE SEATTLE,WASHINGTON 98101 [phone]

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6.

Attached as Exhibit C hereto is a copy of United States Patent No. 6,034,652

("the '652 patent"), which is attached to the Plaintiff's First Amended Complaint.

7.

Attached as Exhibit D hereto is a copy of United States Patent No. 6,788,314

("the '314 patent"), which is attached to the Plaintiff's First Amended Complaint.

8.

Attached as Exhibit E hereto is a true and correct copy of the Request for Ex

Parte Reexamination and Detailed Statement in Support as to the '507 patent (without exhibits), which was filed with the United States Patent and Trademark Office ("USPTO") on March 17, 2011.

9.

Attached as Exhibit F hereto is a true and correct copy of the Request for Inter

Partes Reexamination and Detailed Statement in Support as to the '682 patent (without exhibits), which was filed with the United States Patent and Trademark Office ("USPTO") on March 16, 2011.

10.

Attached as Exhibit G hereto is a true and correct copy of the Request for Ex

Parte Reexamination and Detailed Statement in Support as to the '652 patent (without exhibits), which was filed with the United States Patent and Trademark Office ("USPTO") on March 16, 2011.

11.

Attached as Exhibit H hereto is a true and correct copy of the Request for Inter

Partes Reexamination and Detailed Statement in Support as to the '314 patent (without exhibits), which was filed with the United States Patent and Trademark Office ("USPTO") on March 16, 2011.

12.

As of the date of this declaration, the USPTO has not ruled on any of the

pending Requests for Reexamination.

13.

Attached as Exhibit I hereto is a true and correct copy of the Ex Parte

Reexamination Filing Data (Dec. 31, 2010), which is publicly available through the USPTO's website, at http://www.uspto.gov/patents/stats/EP_quarterly_report_Dec_2010.pdf (last visited Mar. 17, 2011). 14. Attached as Exhibit J hereto is a true and correct copy of the Inter Partes

Reexamination Filing Data (Dec. 31, 2010), which is publicly available through the USPTO's
DECL. IN SUPPORT OF DEFS.' JOINT MTN. TO STAY PROCEEDINGS PENDING REEXAM. No. 2:10-CV-01385-MJP ­ PAGE 2
FROMMER LAWRENCE & HAUG LLP 1191 SECOND AVENUE SEATTLE,WASHINGTON 98101 [phone]

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website, at http://www.uspto.gov/patents/stats/IP_quarterly_report_Dec_2010.pdf (last visited Mar. 17, 2011). I declare under penalty of perjury that the foregoing is true and correct. Executed on March 17, 2011. By: s/ Mark P. Walters Mark P. Walters (WSBA #30819) Dario A. Machleidt (WSBA #41860) FROMMER LAWRENCE & HAUG LLP 1191 Second Avenue Suite 2000 Seattle, WA 98101 Tel: [phone] Fax: [phone] E-mail: [e-mail]

DECL. IN SUPPORT OF DEFS.' JOINT MTN. TO STAY PROCEEDINGS PENDING REEXAM. No. 2:10-CV-01385-MJP ­ PAGE 3

FROMMER LAWRENCE & HAUG LLP 1191 SECOND AVENUE SEATTLE,WASHINGTON 98101 [phone]

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CERTIFICATE OF SERVICE I hereby certify that on March 17, 2011, 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 counsel of record: Attorneys for Plaintiff Interval Licensing LLC Justin A. Nelson ([e-mail]) Eric J. Enger ([e-mail]) Matthew R. Berry ([e-mail]) Max L. Tribble ([e-mail]) Michael F. Heim ([e-mail]) Nathan J. Davis ([e-mail]) Edgar G. Sargent ([e-mail]) DATED: March 17, 2011 s/ Mark P. Walters Mark P. Walters, WSBA No. 30819 Dario A. Machleidt, WSBA No. 41860 FROMMER LAWRENCE & HAUG LLP

DECL. IN SUPPORT OF DEFS.' JOINT MTN. TO STAY PROCEEDINGS PENDING REEXAM. No. 2:10-CV-01385-MJP ­ PAGE 4

FROMMER LAWRENCE & HAUG LLP 1191 SECOND AVENUE SEATTLE,WASHINGTON 98101 [phone]