Free Declaration in Support - District Court of California - California

Case 3:07-cv-05568-JSW

Document 36

Filed 01/04/2008

Page 1 of 5

1

PILLSBURY WINTHROP SHAW PITTMAN LLP DAVID A. JAKOPIN #209950

2
3

davidJakopinpillsburylaw.com
THEODORE K. BELL #184289 [email protected] DANIEL J. RICHERT #232208 [email protected] 2475 Hanover Street Palo Alto, CA 94304-1114 Telephone: (650) 233-4500 Facsimile: (650) 233-4545 MCDONNELL BOEHNEN HULBERT & BERGHOFF LLP BRADLEY J. HULBERT [email protected] RICHARD A. MACHONKIN [email protected] KURT W. ROHDE [email protected] 300 South Wacker Drive Chicago, IL 60606-6709 Telephone: (312) 913-0001 Facsimile: (312) 913-0002

4
5

6 7
8

9

10
11

12
13

Attorneys for Defendant DIGITAL NETWORKS NORTH AMERICA, INC.

14
15

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
) ) ) ) ) ) ) ) ) ) ) ) ) )
--)

16
17
18

No. 07 CV 5568 JSW

JEN ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST,

19

Plaintiff
20
21

v.

22
23

DIGITAL NETWORKS NORTH AMERICA, iNC., a Delaware corporation; LEGACY SUPPORT SERVICES, LTD. dlb/a 52G; and DOES
1-100,

SECOND DECLARATION OF KURT W. ROHDE IN SUPPORT OF DEFENDANT DIGITAL NETWORKS NORTH AMERICA'S MOTION TO STAY THE LITIGATION PENDING THE OUTCOME OF REEXAMINATION PROCEEDINGS
Date: January 18, 2008 Time: 9:00 A.M. Ctrrn: 2, 17th Floor Judge: Hon. Jeffrey S. White

24
25

Defendants.

26
27
28
70092748 lv
--

1

--

Second Declaration Of Rohde

Case No. 07 CV 5568 JSW

Case 3:07-cv-05568-JSW

Document 36

Filed 01/04/2008

Page 2 of 5

1

Kurt W. Rohde declares and states as follows:
1.

2
3

I am an associate at the law firm of McDonnell Boehnen Hulbert & Berghoff

LLP, attorneys for Defendant in this case. Unless otherwise state herein, I have personal
knowledge of the facts stated in this declaration and if called upon by a court of law to do
so,

4
5

I could and would testify competently to them.
2.

6 7
8

Attached hereto as Exhibit A is a true and correct copy of the D&B report

for Digital Networks North America, Inc., obtained on December 27, 2007 through the
Lexis online reporting database.

9
10 11

I declare under penalty of perjury that the foregoing is true and correct.

Executed this jday of r'c?

,

2008, at Chicago, Illinois.

12
13
14

___
KurtW.Rohde
MCDONNELL BOEHNEN HULBERT & BERGHOFF

15

16 17 18 19

300 South Wacker Drive Chicago, Illinois 60606 312-913-0001 Telephone 312-913-0002 Facsimile [email protected]

20
21

22
23

24
25

26 27
28
7OO9274IvI

- 2 -

5econd Declaration Of Rohde Case No. 07 CV 556 J5W

Case 3:07-cv-05568-JSW

Document 36

Filed 01/04/2008

Page 3 of 5

EXHIBIT A SECOND ROHDE DECLARATION

Case 3:07-cv-05568-JSW

Document 36

Filed 01/04/2008

Page 4 of 5
Page 1 of2
TexlQm

Source: Terms:

D & B Business Reports W DIGITAL NETWORKS NORTH AMERICA INC (jjearh)
Jctck with
Conf1danc

COPYRIGHT 2007 DUN

&

BRADSTREET INC.

LL RIGHTS RESERVED
ATTN: LEXISNEXIS CUSTOMER BUSINESS BACKGROUND REPORT

DIGIThL NETWORKS NORTH AMERICA INC
DUNS: 13-093-4883 DATE PRINTED: December 27, 2007
= = = == === = = = == = = == = === = =

= = == --===========----= --===----= = = == = = = = = === == === === = ==== = ==

(SUBSIDIARY OF D & M HOLDINGS US INC, NJ) +REPLAYTV DIV +ESCIENT DIV
MAI1WAH,

20400 STEVEN CREEK BLVD CUPERTINO, CA 95014 Telephoner 408 725-700

Year Started: 2003 Control Year: 2003 This is a Headquarter location. Employees Total: 100 Employees Here: 50

Top Executive: VIC PACOR, PRES

INDUSTRY
Line of Business:
Primary SIC:
3651

MPG & WHOL CONSUMER ELECTRONICS

(MFG WHOL CONSUMER ELECTRONICS)

SPECIAL EVENTS
10/05/07

Business address has changed from 2600 San Tomas Expy, Santa Clara, CA, 95051 to 20400 Steven Creek Blvd, Cupertino, CA, 9501.

= = = ======-- = = === = = ===== = = == ==== = === === == == == == ==== = = == = == = = == ==== = = = == = = == = ==

BUSINESS HISTORY

The Corporate Details provided below may have been submitted by the management of the subject business and may not have been verified with the government agency which records such data. BUSINESS TYPE: CORPORATION PROFIT
https

DATE INCORPORATED: 03/24/2003

STATE OF INCORP:

DELAWARE

://lexisnexis.dnb.comlreport_display.asp?ProdID=67&ProdNaine=Business+Backgroijnd+R.., 12/27/2007

Case 3:07-cv-05568-JSW

Document 36

Filed 01/04/2008

Page 5 of 5
Page 2 of 2

10/ 05/0 7

VIC PACOR, PRES
DIRECTOR(S): THE OFFICER(S)

DOM GOLIO, SEC-TREAS

100% of capital stock is owned by the Business started 2003. parent company. On April 15, 2003 Digital Networks purchased assets comprising the digital video recorder and MP3 business units of SONICblue Incorporated, including the ReplayTV and RIO brands. On April 24, 2003 Digital Networks purchased the assets of U S based OpenGlobe, Inc and Escient Convergence Corp, both subsidiaries of Escient Technologies, LLC. These assets were used to form the Escient Division. Antecedents not available. VIC PACOR. Antecedents not available. DOM GOLIO. Business address has changed from 2841 Mission College Blvd, Santa Clara, CA, 95054 to 2600 San Tomas Expy, Santa Clara, CA, 95051. Business address has changed from 2600 San Tomas Expy, Santa Clara, CA, 95051 to 20400 Steven Creek Blvd, Cupertino, CA, 95014.

OPERATIONS
10/05/07

Subsidiary of D & M HOLDINGS US INC, MAHWAE, NJ which operates as Parent company owns 100% of capital stock. Parent a holding company. company has no other subsidiary(ies). s noted, this company is a subsidiary of D & M Holdings US Inc, DUNS number 130948958, and reference is made to that report for background information on the parent company and its management. In turn, D & M Holdings US Inc is a subsidiary of D & M Holding Inc, Sagahihara, Japan. The company operates 2 divisions:. The ReplayTV Division manufactures digital video recorders, The Escient Division manufactures digital convergence products which combine the Internet with home entertainment devices. 50 employed here, 100 which includes officer(s). EMPLOYEES: Occupies premises in a building. FACILITIES: BR2NCHES: The Escient Division is located at 6640 Intech Blvd, Ste 250, Indianapolis, IN 46278.

CUSTOMER SERVICE If you need any additional information or have any questions regarding this report, please call our Customer Service Center at 1-800-234-DUNS(3867).

END OF DUN & BRPDSTREET BtYSINESS BACKGROUND REPORT
Source:

Terms:

D & B Business Reports CI) DIGITAL NETWORKS NORTH AMERICA INC (Edit Search)

Date/Time: Thursday, December 27, 2007 4:45:47 PM
Terms

&jcwJll1n

Coøvria

2005 LexisNexis. a division of Reed Eisever Inc. All righis reserved.

https://lexisnexis.dnb.com/reportdisplay.asp?ProdID=67&ProdName=Business+Background+R...

12/27/2007