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`EXHIBIT 2005
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`Case3:11-cv-06637-RS Document145-2 Filed12/12/12 Page1 of 2
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`Brooke A. M. Taylor, WSBA 33190 (Admitted Pro Hac Vice)
`btaylor@susmangodfrey.com
`Jordan W. Connors, WSBA 41649 (Admitted Pro Hac Vice)
`jconnors@susmangodfrey.com
`SUSMAN GODFREY L.L.P.
`1201 Third Avenue, Suite 3800
`Seattle, Washington 98101-3000
`Telephone: (206) 516-3880
`Facsimile: (206) 516-3883
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`Stephen E. Morrissey, CA Bar 187865
`smorrissey@susmangodfrey.com
`SUSMAN GODFREY L.L.P.
`1901 Avenue of the Stars, Suite 950
`Los Angeles, CA 90067-6029
`Telephone: (310) 789-3103
`Facsimile: (310) 789-3150
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`Plaintiff Vasudevan Software, Inc.
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
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`Case No. 3:11-06637-RS-PSG
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`DECLARATION OF LESLIE V. PAYNE
`IN SUPPORT OF PLAINTIFF
`VASUDEVAN SOFTWARE, INC.’S
`MOTION FOR SANCTIONS AGAINST
`MICROSTRATEGY
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`VASUDEVAN SOFTWARE, INC.,
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`vs.
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`MICROSTRATEGY INCORPORATED,
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`Plaintiff,
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`Defendant.
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`DECLARATION OF LESLIE V. PAYNE
`IN SUPPORT OF MOTION FOR SANCTIONS AGAINST
`MICROSTRATEGY
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`Case3:11-cv-06637-RS Document145-2 Filed12/12/12 Page2 of 2
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`I, Leslie V. Payne, hereby declare:
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`1.
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`I am an active member of the State Bar of Texas, an attorney with the firm of
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`Heim, Payne & Chorush L.L.P, and admitted pro hac vice before this Court. I am one of the
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`attorneys representing Vasudevan Software, Inc. (“VSi”) in this matter. I am over the age of 18,
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`competent to testify to the facts stated herein, and have personal knowledge of the facts and
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`statements in this declaration.
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`2.
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`On September 10, 2012, I participated in a phone conference with my co-counsel
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`(Brooke Taylor, Jordan Connors, and Eric Enger), representatives of VSi (Mark and Helen
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`Vasudevan), opposing counsel (Sean Pak), and a representative of MicroStrategy (Executive
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`Vice President and General Counsel, Jonathan Klein). During the call, Mr. Klein made
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`statements to the following effect if VSi did not immediately dismiss the case:
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`a. MicroStrategy will make the litigation as painful as possible for VSi;
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`b. MicroStrategy will file reexamination petitions with the USPTO to
`reexamine all of VSi’s patents-in-suit; and
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`c. MicroStrategy was contemplating ways in which to take action against
`Susman Godfrey.
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`3.
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`Regarding 2(c) above, I specifically asked Mr. Klein what he meant. He refused
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`to answer my question and suggested that we would have to wait and see.
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`4.
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`I declare under penalty of perjury under the laws of the United States that the
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`foregoing is true and correct.
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`Signed this 20th day of November, at Houston, TX.
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`_/s/_Leslie V. Payne_____________
`Leslie V. Payne
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`DECLARATION OF LESLIE V. PAYNE
`IN SUPPORT OF MOTION FOR SANCTIONS AGAINST
`MICROSTRATEGY
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