Free Declaration - District Court of Delaware - Delaware

Case 1 :05-cv-00255-G MS Document 18 Filed 07/19/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SONY ELECTRONICS INC., SONY
COMPUTER ENTERTAINMENT
AMERICA INC., SONY PICTURES
ENTERTAINMENT INC., SONY
CONNECT INC., SONY ONLINE
ENTERTAINMENT INC., SONY
CORPORATION OF AMERICA, SONY
BMG MUSIC ENTERTAINMENT INC.,
AND SONY ERICSSON MOBILE
COMMUNICATIONS (U SA) INC.,
Plaintiffs,
v. Civil Action No. 05-255-GMS
ORION IP, LLC,
Defendant.
DECLARATION OF ELIZABETH A. GARDNER IN SUPPORT OF
PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANT’S
MOTION TO DISIVHSS, STAY OR TRANSFER THIS ACTION TO THE
EASTERN DISTRICT OF TEXAS
I, Elizabeth A. Gardner, declare as follows:
1. I am a partner with the law firm of Kenyon & Kenyon, counsel for Plaintiffs. I
am a member of the New York State Bar, and I am admitted to this Court based on a Pro Hac
Vice motion. I submit this Declaration in support of Plaintiff s response in opposition to
Defendanfs motion to dismiss, stay or transfer this action to the Eastern District of Texas.
2. According to the Texas Secretary of State, Orion IP, LLC’s managing member is
Plutus IP Holdings, LLC having a listed address of 74-485 Highway lll, Suite 103, Indian
Wells, CA 92110.
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Case 1:05-cv-00255—G|\/IS Document 18 Filed 07/19/2005 Page 2 of 3
3. According to the Delaware Secretary of State, Plutus IP Holdings, LLC is a
Delaware corporation.
4. Sony Ericsson Mobile Communications (USA) Inc. is a joint venture between
Sony Corporation and Ericsson AB, a Swedish Corporation.
5. I participated in telephone discussions on April 19, 2005 with Orion’s counsel,
Ms. Elizabeth DeReiux regarding a meeting to discussion a potential settlement of the matter
between SCA and Orion pending in the Eastern District of Texas. Ms. DeReiux committed to
providing information to SCA regarding the basis for Orion’s infringement claims.
6. On April 22, 2005, I received screen shots outlining Orion’s position of SCA’s
alleged infringement. I also received a continuation that Orion would present these slides to
SCA in an in-person meeting on April 28, 2005 at the offices of Kenyon & Kenyon in New
York. I did not receive any indication that other companies were being charged with
infringement or should be in attendance.
7. The meeting took place on April 28, 2005 as planned. SCA’s in—house counsel,
Mr. Jaime Seigel, was in attendance with settlement authority for SCA.
J 8. Prior to the conclusion of the April 28, 2005 meeting, a settlement counter-offer
was presented to Orion by Mr. Seigel on behalf of SCA. No settlement was reached.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 19th day of July, 2005 in New York, New York.
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Case 1:05-cv-00255—G|\/IS Document 18 Filed 07/19/2005 Page 3 of 3
CERTIFICATE OF SERVICE
I, Glenn C. Mandalas, hereby certify that on July 19, 2005, I caused to be electronically
filed a true and correct copy of the foregoing document with the Clerk of the Court using
CM/ECF, which will send notification that such filing is available for viewing and downloading
to the following counsel of record:
Donald E. Reid, Esquire
MORRIS, NICHOLS, ARSHT & TUNNELL
1201 N. Market Street
P.O. Box 1347
Wilmington, DE 19899-1347
I further certify that on July 19, 2005, I caused a copy of the foregoing document to be
served by hand delivery on the above—listed counsel of record.
YOUNG CONAWAY STARGATT & TAYLOR, LLP
Jos . Ingersoll (No. 1088)
John W. Shaw (No. 3362)
Glenn C. Mandalas (No. 4432)
The Brandywine Building
1000 West Street, 17th Floor
Wilmington, Delaware 19801
(302) 571-6600
[email protected]
Attorneys for Plaint@"
WP3:l1308ll.1 55224.1003