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`Case3:11-cv-06637-RS Document145-1 Filed12/12/12 Page1 of 2
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`
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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
`
`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
`
`Plaintiff Vasudevan Software, Inc.
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`
`
`Case No. 3:11-06637-RS-PSG
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`DECLARATION BROOKE A.M.
`TAYLOR 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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`I, Brooke A.M. Taylor hereby declare:
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`I am an active member of the State Bar of Washington, an attorney with the firm
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`1.
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`of Susman Godfrey LLP, and admitted pro hac vice before this Court. I am one of the attorneys
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`representing Vasudevan Software, Inc. (“VSi”) in this matter. I am over the age of 18, competent
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`to testify to the facts stated herein, and have personal knowledge of the facts and statements in
`
`this declaration.
`
`DECLARATION OF BROOKE A. M. TAYLOR
`IN SUPPORT OF MOTION FOR SANCTIONS AGAINST
`MICROSTRATEGY - 1
`
`2490307v1/012934
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`Case3:11-cv-06637-RS Document145-1 Filed12/12/12 Page2 of 2
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`
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`2.
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`On September 4, 2012, MicroStrategy’s counsel Mr. Sean Pak called me and asked
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`to set up a meeting between MicroStrategy, VSi, and counsel for both sides. Mr. Pak stated that
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`his client was planning to be “aggressive” in defending against VSi’s claims and planned to take
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`“initiatives” toward that end, that his client planned to file reexamination petitions with the
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`USPTO to reexamine VSi’s patents and that Mr. Pak wished to fly to Seattle to discuss these
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`“initiatives” with VSi and its counsel.
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`3.
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`On September 10, 2012, Mr. Pak flew to my office. Mr. Connors joined us in the
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`conference room, and we were joined on a phone conference with my co-counsel (Les Payne,
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`Jordan Connors, and Eric Enger), representatives of VSi (Mark and Helen Vasudevan), opposing
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`counsel (Sean Pak), and a representative of MicroStrategy (then Executive Vice President and
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`General Counsel, Jonathan Klein). During the call, Mr. Klein stated that MicroStrategy would
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`not pay VSi anything to settle VSi’s patent infringement claims against MicroStrategy, and
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`threatening the following 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 would take action against Susman Godfrey.
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`4.
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`Regarding 3(c) above, Mr. Payne specifically asked Mr. Klein what he meant. Mr.
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`Klein refused to answer Mr. Payne’s question and suggested that we would have to wait and see.
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`5.
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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 Seattle, Washington.
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`
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`_/s/_Brooke A.M. Taylor______
`Brooke A.M. Taylor
`
`DECLARATION OF BROOKE A. M. TAYLOR
`IN SUPPORT OF MOTION FOR SANCTIONS AGAINST
`MICROSTRATEGY - 2
`
`2490307v1/012934
`
`