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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF DELAWARE 

CISCO SYSTEMS, INC., a California corporation, 

and MOTOROLA SOLUTIONS, INC., a Delaware 

corporation 

 Plaintiffs, 

 v. 

INNOVATIO IP VENTURES, LLC, a Delaware 

limited liability company, 

 Defendant, 

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Civil Action No. 11-425-LPS 

DECLARATION OF JARED M. BARCENAS IN SUPPORT OF PLAINTIFFS’ 

ANSWERING BRIEF IN OPPOSITION TO DEFENDANT’S MOTION TO DISMISS, 

OR IN THE ALTERNATIVE, TRANSFER THE CASE TO ILLINOIS

I, Jared M. Barcenas, declare as follows: 

1. I am familiar with the facts set forth herein, and if called as a witness, I could 

testify competently to those facts under oath. 

2. I am an attorney at the law firm of Kirkland & Ellis LLP, and I represent 

Plaintiffs Cisco Systems, Inc. (“Cisco”) and Motorola Solutions, Inc. (“Motorola”) in the above 

captioned matter. 

3. Cisco and Motorola have received numerous requests for assistance from their 

customers in responding to licensing demand letters from Defendant Innovatio IP Ventures, LLC 

(“Innovatio”) regarding, inter alia, the patents-in-suit in this lawsuit. As of the date of this 

declaration, Cisco has received such requests for assistance from at least 131 entities and 

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Motorola has received such requests for assistance from at least 31 entities. 

4. As of the date of this declaration, at least 50 entities have requested that Cisco 

indemnify them in connection with Innovatio’s demands and at least 11 entities have requested 

that Motorola indemnify them in connection with Innovatio’s demands. 

5. Based on the written requests for assistance to date, the entities that have 

requested Cisco’s or Motorola’s assistance in responding to Innovatio’s licensing demands are 

located across the United States including, for example, in California, Connecticut, Florida, 

Georgia, Hawaii, Indiana, Kentucky, Maryland, Michigan, Missouri, Nebraska, Nevada, New 

Jersey, New York, North Carolina, Pennsylvania, Texas, Utah, and Virginia. 

6. Attached hereto as Exhibit 1 is a true and correct copy of an April 27, 2011, Letter 

from M. McAndrews to L. Perkins. 

7. Attached hereto as Exhibit 2 is a true and correct copy of an Infonetics Research 

Report regarding enterprise WLAN market share data. 

8. Attached hereto as Exhibit 3 is a true and correct copy of the Complaint in

Innovatio IP Ventures, LLC v. ABP Corp., et al., Case No. 1:11-cv-1638 (N.D. Ill.). 

9. Attached hereto as Exhibit 4 is a true and correct copy of Defendants’ Amended 

Motion to Stay in Innovatio IP Ventures, LLC v. ABP Corp., et al., Case No. 1:11-cv-1638 (N.D. 

Ill.). 

10. Attached hereto as Exhibit 5 is a true and correct copy of the Complaint in

Innovatio IP Ventures, LLC v. MEI-GSR Holdings LLC, Case No. 3:11-cv-00343 (D. Nev.). 

11. Attached hereto as Exhibit 6 is a true and correct copy of the Complaint in

Innovatio IP Ventures, LLC v. Rosen 7600, Inc. et al., Case No. 6:11-cv-00930 (M.D. Fla.). 

12. Attached hereto as Exhibit 7 is a true and correct copy of the Complaint in

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Innovatio IP Ventures, LLC v. B & B Corporate Holdings, Inc., Case No. 8:11-cv-01325 (M.D. 

Fla.). 

13. Attached hereto as Exhibit 8 is a true and correct copy of the Complaint in

Innovatio IP Ventures, LLC v. Best Western River North Hotel, LLC et al., Case No. 1:11-cv4668 (N.D. Ill.). 

14. Attached hereto as Exhibit 9 is a true and correct copy of Defendants’ Motion to 

Stay in Innovatio IP Ventures, LLC v. ABP Corp., et al., Case No. 1:11-cv-1638 (N.D. Ill.). 

15. Attached hereto as Exhibit 10 is a true and correct copy of the Court’s July 8, 

2011, Minute Entry in Innovatio IP Ventures, LLC v. ABP Corp., et al., Case No. 1:11-cv-1638 

(N.D. Ill.). 

16. Attached hereto as Exhibit 11 is a true and correct copy of the Court’s June 17, 

2011, Minute Entry in Innovatio IP Ventures, LLC v. ABP Corp., et al., Case No. 1:11-cv-1638 

(N.D. Ill.). 

17. Attached hereto as Exhibit 12 is a true and correct copy of the Court’s April 17, 

2008 Memorandum Order in Cisco Sys. Inc. v. GPNE Corp., Case No. 07-cv-671 (D. Del.). 

18. Attached hereto as Exhibit 13 is a true and correct copy of Innovatio’s Opposition 

to Defendants’ Amended Motion to Stay in Innovatio IP Ventures, LLC v. ABP Corp., et al., 

Case No. 1:11-cv-1638 (N.D. Ill.). 

19. Attached hereto as Exhibit 14 is a true and correct copy of Innovatio’s 

infringement contentions for U.S. Pat. No. 7,548,553 in Innovatio IP Ventures, LLC v. ABP 

Corp., et al., Case No. 1:11-cv-1638 (N.D. Ill.). 

20. Attached hereto as Exhibit 15 is a true and correct copy of the Advisory 

Committee Notes for Fed. R. Civ. P. 19(a). 

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21. Attached hereto as Exhibit 16 is a true and correct copy of the Court’s November 

20, 2009 Memorandum Opinion in Stored Value Solutions Inc. v. Card Activation Techs. Inc., 

Case No. 1:09-cv-495 (D. Del.). 

22. Attached hereto as Exhibit 17 is a true and correct copy of the document 

purporting to assign the patents-in-suit to Innovatio. 

23. Attached hereto as Exhibit 18 is a true and correct copy of the cover pages of the 

patents-in-suit in this action. 

 

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CERTIFICATE OF SERVICE 

 I hereby certify that on July 25, 2011, I caused the foregoing to be electronically 

filed with the Clerk of the Court using CM/ECF, which will send notification of such filing to: 

Kenneth L. Dorsney, Esquire 

MORRIS JAMES LLP 

 I further certify that I caused copies of the foregoing document to be served on 

July 25, 2011, upon the following in the manner indicated: 

Kenneth L. Dorsney, Esquire 

MORRIS JAMES LLP 

500 Delaware Avenue 

Suite 1500 

Wilmington, DE 19801 

VIA ELECTRONIC MAIL

Matthew G. McAndrews, Esquire 

Raymond P. Niro, Jr., Esquire 

Brian E. Haan, Esquire 

Gabriel I. Opatken, Esquire 

NIRO, HALLER & NIRO

181 West Madison Street 

Suite 4600 

Chicago, IL 60602 

VIA ELECTRONIC MAIL

 /s/ Jack B. Blumenfeld 

 Jack B. Blumenfeld (#1014) 

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