Microsoft Corporation v. TIVO Inc

Filing 22

DECLARATION of Joseph Lipner filed by Defendant TIVO Inc. re 21 MOTION to Stay Pursuant to 28 U.S.C. § 1659 and Transfer Venue Pursuant to 28 U.S.C. § 1404(a) MOTION to Stay Pursuant to 28 U.S.C. § 1659 and Transfer Venue Pursuant to 28 U.S.C. § 1404(a) (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(McWilliam, Jofrey)

Microsoft Corporation v. TIVO Inc

Doc. 22 Att. 3

EXHIBIT C

Dockets.Justia.com

Case 2:09-cv-00259-DF Document 75-1

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION TIVO INC., Plaintiff, v. AT&T INC., Defendant, and MICROSOFT CORPORATION, Intervenor. § § § § § § § § § § § § § §

Case No. 2:09-CV--0259-DF

SECOND DECLARATION OF JAMES BALDWIN James Baldwin declares: 1. My name is James Baldwin. I am a senior manager of technological development

for the Mediaroom Group at Microsoft Corporation ("Microsoft"). I have personal knowledge of the factual matters stated below and would testify that they are true if called upon to do so. 2. Microsoft's Mediaroom platform includes software for client devices that are

commonly called "set-top boxes." A set-top box with digital video recording capability is a special-purpose computer that permits a user to receive, record and playback television programming. 3. The hardware for the set-top boxes that are distributed to U-verse subscribers is

manufactured by Motorola and Cisco using components such as media processor chips. Software must be installed and executing on the processor chips and other components in the Motorola and Cisco set-top boxes for U-verse subscribers to use them to perform recording and

Case 2:09-cv-00259-DF Document 75-1

Filed 05/28/10 Page 2 of 3

playback fuctions. The software that is installed on the U-verse set-top boxes is the Mediaroom
software for client devices. That software includes the operating system for the set-top box and
the application programming layer.

4. Mediaroom software for client devices was developed and is tested and
maintained by a team of

Microsoft engineers at Microsoft's Silicon Valley campus in Mountain

View, California. Microsoft's Silicon Valley campus is where the technical design information
for Mediaroom software is kept, such as the source safe archive for the Mediaroom source code.
5, Microsoft has provided access to its Mediaroom software for client devices to

AT&T Operations, Inc, pursuant to license agreements,

I declare under penalty of peijury of the laws of the United States that the foregoing is
true and correct to the best of my information and belief.

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DATED:

27

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Case 2:09-cv-00259-DF Document 75-1

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CERTIFICATE OF SERVICE I hereby certify that the foregoing document was filed electronically on May 28, 2010 pursuant to Local Rule CV-5(a) and has been served on all counsel of record who are deemed to have consented to electronic service. /s/ Chad S. Campbell Chad S. Campbell

18395357.2

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