Free Declaration in Support - District Court of California - California

Case 3:07-cv-04161-WHA

Document 159

Filed 07/02/2008

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1 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Claude M. Stern (Bar No. 96737) 2 Todd M. Briggs (Bar No. 209282) 555 Twin Dolphin Drive, Suite 560 3 Redwood Shores, California 94065-2139 Telephone: (650) 801-5000 4 Facsimile: (650) 801-5100 Email: [email protected] 5 [email protected] 6 Attorneys for RIVERBED TECHNOLOGY, INC. 7 8 9 10 11 12 13 14 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

RIVERBED TECHNOLOGY, INC., Counterclaimant, vs. QUANTUM CORPORATION, Counterdefendant.

CASE NO. C 07-4161 WHA SUPPLEMENTAL DECLARATION OF TODD M. BRIGGS IN SUPPORT OF RIVERBED'S MOTION FOR SUMMARY JUDGMENT OF: (1) VALIDITY OF CLAIMS 26 AND 27 OF U.S. PATENT 7,116,249 UNDER 35 U.S.C. § 102, (2) VALIDITY OF ALL ASSERTED CLAIMS OF U.S. PATENT 7,116,249 UNDER 35 U.S.C. § 103, AND (3) VALIDITY OF ALL ASSERTED CLAIMS OF U.S. PATENT 7,116,249 UNDER 35 U.S.C. § 112, AND OPPOSITION TO QUANTUM CORPORATION'S MOTION FOR LEAVE TO AMEND ITS PRELIMINARY INVALIDITY CONTENTIONS Date: July 17, 2008 Time: 8:00 a.m. Judge: The Honorable William Alsup

16 QUANTUM CORPORATION, 17 18 vs. Counterclaimant,

19 RIVERBED TECHNOLOGY, INC., 20 21 22 23 24 25 26 27 28
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Counterdefendant.

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SUPPLEMENTAL DECLARATION OF TODD BRIGGS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

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1.

I am an attorney with the law firm of Quinn Emanuel Urquhart Oliver & Hedges

2 ("Quinn Emanuel"), counsel for Riverbed Technology, Inc. ("Riverbed"). I submit this 3 supplemental declaration in support of Riverbed's Motion For Summary Judgment Of (1) Validity 4 Of Claims 26 And 27 Of U.S. Patent 7,116,249 Under 35 U.S.C. § 102, (2) Validity Of All 5 Asserted Claims of U.S. Patent 7,116,249 Under 35 U.S.C. § 103, And (3) Validity Of All 6 Asserted Claims of U.S. Patent 7,116,249 Under 35 U.S.C. § 112. I have personal knowledge of 7 the facts stated in this declaration, and if called upon to do so, could and would competently testify 8 thereto. 9 2. Attached hereto as Exhibit G is a true and correct copy of the final transcript for

10 the deposition of Dr. David Mazieres taken on June 24, 2008. This exhibit is being filed under 11 seal. 12 3. Attached hereto as Exhibit H is a true and correct copy of the final transcript for

13 the deposition of Mr. David Heisey taken on June 27, 2008. This exhibit is being filed under seal. 14 4. Attached hereto as Exhibit I is a true and correct copy of the documents bearing

15 the bates numbers from QUL0142 to QUL0144. These documents were produced to Riverbed by 16 17 18 19 20 21 bates numbers from QUL0121 to QUL0123. This document was produced to Riverbed by Quantum on June 23, 2008. 6. Attached hereto as Exhibit K is a true and correct copy of a document bearing the Quantum on June 24, 2008. 5. Attached hereto as Exhibit J is a true and correct copy of a document bearing the

22 bates number of QUL0120. This document was produced to Riverbed by Quantum on June 23, 23 2008. 24 25 26 27 28
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7.

Attached hereto as Exhibit L is a true and correct copy of a letter from Todd M.

Briggs to Mauricio Flores dated June 16, 2008.

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SUPPLEMENTAL DECLARATION OF TODD BRIGGS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

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8.

Attached hereto as Exhibit M is a true and correct copy of an email from Todd M.

2 Briggs to Nathaniel Bruno and Mauricio Flores dated June 17, 2008. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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9.

Attached hereto as Exhibit N is a true and correct copy of an email from Todd M.

Briggs to Nathaniel Bruno and Mauricio Flores dated June 23, 2008. 10. Attached hereto as Exhibit O are true and correct copies of five emails from

Nathaniel Bruno to Todd M. Briggs. The first four emails are dated June 24, 2008 and the fifth is dated June 25, 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 July 2, 2008 in Redwood Shores, California.

Dated: July 2, 2008 /s/ Todd M. Briggs Todd M. Briggs

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SUPPLEMENTAL DECLARATION OF TODD BRIGGS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT