Case 8:19-cv-01150-JLS-ADS Document 35-3 Filed 10/31/19 Page 1 of 3 Page ID #:392
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`JOSHUA A. KREVITT, SBN 208552
`jkrevitt@gibsondunn.com
`PAUL E. TORCHIA (pro hac vice)
`ptorchia@gibsondunn.com
`FLORINA YEZRIL (pro hac vice)
`fyezril@gibsondunn.com
`GIBSON, DUNN & CRUTCHER LLP
`200 Park Avenue
`New York, NY 10166-0193
`Telephone: 212.351.4000
`Facsimile: 212.351.4035
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`JENNIFER J. RHO, SBN 254312
`jrho@gibsondunn.com
`GIBSON, DUNN & CRUTCHER LLP
`333 South Grand Avenue
`Los Angeles, CA 90071-3197
`Telephone: 213.229.7000
`Facsimile: 213.229.7520
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`ANDREW ROBB, SBN 291438
`arobb@gibsondunn.com
`GIBSON, DUNN & CRUTCHER LLP
`1881 Page Mill Road
`Palo Alto, CA 94304-1211
`Telephone: 650.849.5300
`Facsimile: 650.849.5333
`Attorneys for Defendant Infor, Inc.
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`Gibson, Dunn &
`Crutcher LLP
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`TORCHIA DECL. ISO INFOR’S RENEWED MOT. TO DISMISS
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`CASE NO. 8:19-cv-01150-JLS-ADS
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`UNILOC 2017 LLC,
`Plaintiff,
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`v.
`INFOR, INC.,
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`Defendants.
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`SOUTHERN DIVISION
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`CASE NO. 8:19-cv-01150-JLS-ADS
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`DECLARATION OF PAUL E.
`TORCHIA IN SUPPORT OF
`DEFENDANT INFOR, INC.’S
`RENEWED MOTION TO
`DISMISS PURSUANT TO
`FED. R. CIV. P. 12(B)(6)
`AND MOTION TO STAY
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`Case 8:19-cv-01150-JLS-ADS Document 35-3 Filed 10/31/19 Page 2 of 3 Page ID #:393
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`I, Paul E. Torchia, hereby declare and state:
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`I am Partner at the law firm of Gibson, Dunn & Crutcher LLP, attorneys
`for Defendant Infor, Inc. (“Infor”) in the above titled action. I am a member in good
`standing of the bar of the State of New York and am admitted to practice before this
`Court pro hac vice. I make this declaration on my own knowledge.
`Attached as Exhibit 1 is a true and correct copy of Appellants Uniloc
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`Luxembourg S.A. and Uniloc USA, Inc.’s Opening Brief filed in Uniloc USA, Inc. v.
`ADP, LLC, No. 18-1132, D.I. 53 (Fed. Cir. Aug. 22, 2018).
`Attached as Exhibit 2 is a true and correct copy of Appellants Uniloc
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`Luxembourg S.A. and Uniloc USA, Inc.’s Corrected Reply Brief filed in Uniloc USA,
`Inc. v. ADP, LLC, No. 18-1132, D.I. 67 (Fed. Cir. Oct. 30, 2018).
`Attached as Exhibit 3 is a true and correct copy of a webpage titled “Infor
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`To Acquire Workbrain for $227 Million,” dated April 5, 2007. The webpage was
`printed on October 29, 2019 from the following URL:
`https://www.industryweek.com/information-technology/infor-acquire-workbrain-227-
`million.
`Attached as Exhibit 4 is a true and correct copy of a webpage titled “Infor
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`Enters Cloud CRM Market with Agreement to Acquire Saleslogix,” dated August 14,
`2014. The webpage was printed on October 29, 2019 from the following URL:
`https://www.infor.com/news/infor-enters-cloud-crm-market-with-agreement-to-
`acquire-saleslogix.
`Attached as Exhibit 5 is a true and correct copy of a webpage titled “IBM
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`Simplifies Web Application Management,” dated October 7, 1998. The webpage was
`printed on October 29, 2019 from the following URL:
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`https://www-03.ibm.com/press/us/en/pressrelease/2433.wss.
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`Counsel for Uniloc and I conferred over the telephone on October 15,
`2019, regarding Infor’s intent to file its renewed motion to dismiss. On that call, I also
`proposed that the parties find a way maintain the status quo and have the renewed
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`Gibson, Dunn &
`Crutcher LLP
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`TORCHIA DECL. ISO INFOR’S RENEWED MOT. TO DISMISS
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`CASE NO. 8:19-cv-01150-JLS-ADS
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`Case 8:19-cv-01150-JLS-ADS Document 35-3 Filed 10/31/19 Page 3 of 3 Page ID #:394
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`motion to dismiss heard on the same day as the scheduling conference, either by
`proposing to move the scheduling conference out to the hearing date of the renewed
`motion, accelerating the briefing schedule in an effort to keep the earlier scheduling
`conference date, or some combination of the two. Counsel for Uniloc declined Infor’s
`proposals and stated that it would oppose Infor’s motion to dismiss. Attached as
`Exhibit 6 is a true and correct copy of the email chain, beginning on October 14 and
`ending on October 15, between myself and counsel for Uniloc regarding these
`discussions.
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`On October 18, 2019, in connection with the parties Rule 26(f)
`conference, I conferred with counsel for Uniloc about Infor’s intent to file its motion to
`stay discovery pending the ruling on Infor’s motion to dismiss. Counsel for Uniloc
`stated it would oppose that motion as well.
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`I declare under penalty of perjury pursuant to the laws of the United States of
`America and the State of California that the foregoing is true and correct.
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`Executed at New York, New York
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`, on this 31 day of October, 2019.
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`/s/ Paul E. Torchia
`Paul E. Torchia
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`Gibson, Dunn &
`Crutcher LLP
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`TORCHIA DECL. ISO INFOR’S RENEWED MOT. TO DISMISS
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`CASE NO. 8:19-cv-01150-JLS-ADS
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