Case 2:15-cv-01274-JRG-RSP Document 125-1 Filed 07/21/16 Page 1 of 4 PageID #: 2656
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`Case No. 2:15-cv-01274-JRG-RSP
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`JURY TRIAL DEMANDED
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`LEAD CASE
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`§
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`BLITZSAFE TEXAS, LLC,
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`Plaintiff,
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`v.
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`HONDA MOTOR CO., LTD., ET AL,
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` Defendants.
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`DECLARATION OF JOHN F. RABENA, ESQ ISO
`DEFENDANTS' MOTION FOR LEAVE TO
`SUPPLEMENT INVALIDITY CONTENTIONS
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`I, John F. Rabena, declare:
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`1. I am a lawyer with the firm of Sughrue Mion, PLLC (“Sughrue”). Sughrue represents
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`defendants Toyota Motor Corporation, Toyota Motor Sales USA Inc., Toyota Motor
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`Manufacturing Texas, Inc., Toyota Motor Manufacturing Kentucky, Inc., and Toyota Motor
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`Manufacturing Mississippi, Inc. in the above consolidated case. I submit this declaration in
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`support of Defendants’ Motion for Leave to Supplement its Invalidity Contentions. I have
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`been admitted pro hac vice in this case, and I am familiar with and have personal knowledge
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`of the procedures and practices of the United States District Court for the Eastern District of
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`Texas. The statements of fact made in this declaration are based on my personal knowledge.
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`2. Attached as Exhibit 1 is a true and correct copy of a letter dated March 15, 2013 from John S.
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`LeRoy to the Honorable Judge Faulk submitted in the case Marlowe Patent Holdings LLC, v.
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`Ford Motor Company, 3:11-cv-07044-PGS-DEA (D. NJ). Highlighting has been added for
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`the Court’s convenience.
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`Case No. 2:15-cv-01274-JRG-RSP
`
`JURY TRIAL DEMANDED
`
`LEAD CASE
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`
`
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`BLITZSAFE TEXAS, LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`HONDA MOTOR CO., LTD., ET AL,
`
`
`
`
`
`
`
` Defendants.
`
`DECLARATION OF JOHN F. RABENA, ESQ ISO
`DEFENDANTS' MOTION FOR LEAVE TO
`SUPPLEMENT INVALIDITY CONTENTIONS
`
`
`
`I, John F. Rabena, declare:
`
`1. I am a lawyer with the firm of Sughrue Mion, PLLC (“Sughrue”). Sughrue represents
`
`defendants Toyota Motor Corporation, Toyota Motor Sales USA Inc., Toyota Motor
`
`Manufacturing Texas, Inc., Toyota Motor Manufacturing Kentucky, Inc., and Toyota Motor
`
`Manufacturing Mississippi, Inc. in the above consolidated case. I submit this declaration in
`
`support of Defendants’ Motion for Leave to Supplement its Invalidity Contentions. I have
`
`been admitted pro hac vice in this case, and I am familiar with and have personal knowledge
`
`of the procedures and practices of the United States District Court for the Eastern District of
`
`Texas. The statements of fact made in this declaration are based on my personal knowledge.
`
`2. Attached as Exhibit 1 is a true and correct copy of a letter dated March 15, 2013 from John S.
`
`LeRoy to the Honorable Judge Faulk submitted in the case Marlowe Patent Holdings LLC, v.
`
`Ford Motor Company, 3:11-cv-07044-PGS-DEA (D. NJ). Highlighting has been added for
`
`the Court’s convenience.
`
`
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`Case 2:15-cv-01274-JRG-RSP Document 125-1 Filed 07/21/16 Page 2 of 4 PageID #: 2657
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`3. Attached as Exhibit 2 is a true and correct copy of Defendant Ford Motor Company’s
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`Motion for Rule 11 Sanctions filed on June 10, 2013 in the case Marlowe Patent Holdings
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`LLC, v. Ford Motor Company, 3:11-cv-07044-PGS-DEA (D. NJ).
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`4. Attached as Exhibit 3 is a true and correct copy of a Brief in Support of Defendant Ford
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`Motor Company’s Motion for Rule 11 Sanctions submitted in Marlowe Patent Holdings LLC,
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`v. Ford Motor Company, 3:11-cv-07044-PGS-DEA (D. NJ).
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`5. Attached as Exhibit 4 is a true and correct copy of a Declaration of Thomas G. Matheson,
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`Ph.D. Regarding Blitzsafes’ “98+” Toyota/Panasonic Interfaces submitted in Marlowe Patent
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`Holdings LLC, v. Ford Motor Company, 3:11-cv-07044-PGS-DEA (D. NJ).
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`6. Attached as Exhibit 5 is a true and correct copy of Marlowe Patent Holdings LLC’s
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`Response in Opposition to Ford Motor Company’s Motion for Rule 11 Sanctions submitted
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`in Marlowe Patent Holdings LLC, v. Ford Motor Company, 3:11-cv-07044-PGS-DEA (D.
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`NJ). Highlighting has been added for the Court’s convenience.
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`7. Attached as Exhibit 6 is a true and correct copy of a Declaration of Ira Marlowe dated
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`August 19, 2013 and submitted in Marlowe Patent Holdings LLC, v. Ford Motor Company,
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`3:11-cv-07044-PGS-DEA (D. NJ).
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`8. Attached as Exhibit 7 is a true and correct copy of a Memorandum and Order dated
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`December 5, 2013 issued in Marlowe Patent Holdings LLC, v. Ford Motor Company, 3:11-
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`cv-07044-PGS-DEA (D. NJ).
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`9. Attached as Exhibit 8 is a true and correct copy of an email dated February 19, 2015 from
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`Kun Cho to Rebecca Cantor. Highlighting has been added for the Court’s convenience.
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`10. Attached as Exhibit 9 is a true and correct copy of an email dated February 25, 2015 from
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`Ira Marlowe to Ed Fischer at Datasynceng.com.
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`Case 2:15-cv-01274-JRG-RSP Document 125-1 Filed 07/21/16 Page 3 of 4 PageID #: 2658
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`11. Attached as Exhibit 10 is a true and correct copy of a Declaration of Rebecca J. Cantor dated
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`March 10, 2015.
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`12. Attached as Exhibit 11 is a true and correct copy of pages 120-129 of Blitzsafe’s Privilege
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`Log produced in the instant case.
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`13. Attached as Exhibit 12 is a true and correct copy of excerpts from Defendants Invalidity
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`Contention dated January 19, 2016 in the instant case, with the currently proposed
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`supplementations shown as redlined changes. Highlighting has been added for the Court’s
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`convenience.
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`14. Attached as Exhibit 13 is a true and correct copy of a letter from Patrick S. Park to Peter
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`Lambrianakos dated March 3, 2016. Highlighting has been added for the Court’s
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`convenience.
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`15. Attached as Exhibit 14 is a true and correct copy of a letter from John F. Rabena to Peter
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`Lambrianakos dated April 25, 2016. Highlighting has been added for the Court’s
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`convenience.
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`16. Attached as Exhibit 15 is a true and correct copy of a letter from William H. Mandir to
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`Alessandra Messing dated May 3, 2016. Highlighting has been added for the Court’s
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`convenience.
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`17. Attached as Exhibit 16 is a true and correct copy of an email chain between Peter
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`Lambianakos and Fadi Kiblawi, with the last email in the chain dated July 19, 2016.
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`18. Attached as Exhibit 17 is a true and correct copy of an email chain between Ira Marlow,
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`Alfred Fabricant, John S. LeRoy, and others, with the last email in the chain dated April 17,
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`2015, bearing production numbers BK0001166-69. Highlighting has been added for the
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`Court’s convenience.
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`Case 2:15-cv-01274-JRG-RSP Document 125-1 Filed 07/21/16 Page 4 of 4 PageID #: 2659
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`19. On June 14, 2016, the law firm of Brooks Kushman PC produced document pursuant to a
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`subpoena that was served on May 16, 2016. BK0006801-0006864 in the Brooks Kushman
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`production is a true and correct copy of the source code for which Defendants’ seek leave to
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`supplement their invalidity contentions. A copy of the source code is available to be
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`submitted to the Court if the Court so desires.
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`20. On July 6, 2016, Mr. Kun Cho produced documents pursuant to a subpoena that was served
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`on June 24, 2016. FISCHER000029-85 in Mr. Cho's production is a true and correct copy of
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`the same source code that was produced by Ford's counsel pursuant to subpoena. A copy of
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`the source code is available to be submitted to the Court if the Court so desires.
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`21. Attached as Exhibit 18 is a true and correct copy of a letter dated May 5, 2016 from
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`Alessandra Messing to William Mandir. Highlighting has been added for the Court’s
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`convenience.
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`22. Attached as Exhibit 19 is a true and correct copy of a letter dated July 11, 2016 from Fadi
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`Kiblawi to Alessandra Messing.
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` I
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` declare under penalty of perjury that the foregoing is true and correct.
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`______________________
`John F. Rabena
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`4
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`Dated: July 21, 2016
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