Case 4:19-cv-07123-PJH Document 55-6 Filed 04/23/20 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 COOLEY LLP MICHAEL G. RHODES (116127) (rhodesmg@cooley.com) TRAVIS LEBLANC (251097) (tleblanc@cooley.com) BETHANY C. LOBO (248109) (blobo@cooley.com) KYLE C. WONG (224021) (kwong@cooley.com) JOSEPH D. MORNIN (307766) (jmornin@cooley.com) 101 California Street, 5th floor San Francisco, CA 94111-5800 Telephone: (415) 693-2000 Facsimile: (415) 693-2222 DANIEL J. GROOMS (D.C. Bar No. 219124) (admitted pro hac vice) (dgrooms@cooley.com) ELIZABETH B. PRELOGAR (262026) (admission pending) (eprelogar@cooley.com) 1299 Pennsylvania Avenue, NW, Suite 700 Washington, DC 20004-2400 Telephone: (202) 842-7800 Facsimile: (202) 842-7899 O’MELVENY & MYERS LLP MICHAEL R. DREEBEN (D.C. Bar. No. 370586 (pro hac vice pending) (mdreeben@omm.com) 1621 I Street NW Washington, D.C. 20006 Telephone: (202) 383-5300 Attorneys for Plaintiffs WHATSAPP INC. and FACEBOOK, INC. 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 19 20 21 WHATSAPP INC., a Delaware corporation, and FACEBOOK, INC., a Delaware corporation, Plaintiffs, 22 23 24 25 26 v. NSO GROUP TECHNOLOGIES LIMITED and Q CYBER TECHNOLOGIES LIMITED, Case No. 4:19-cv-07123-PJH DECLARATION OF JOSEPH D. MORNIN IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS Date: May 27, 2020 Time: 9:00 a.m. Courtroom: 3 Judge: Hon. Phyllis J. Hamilton Defendants. 27 28 COOLEY LLP ATTO RNEY S AT LAW SAN FRA NCI S CO MORNIN DECL. ISO OPP. CASE NO. 4:19-CV-07123-PJH Case 4:19-cv-07123-PJH Document 55-6 Filed 04/23/20 Page 2 of 3 1 I, Joseph D. Mornin, declare: 2 1. I submit this declaration in support of Plaintiffs Facebook Inc. and WhatsApp, Inc.’s 3 Opposition to Defendants’ Motion to Dismiss the Complaint in the above-captioned matter. I am an 4 attorney with the law firm of Cooley LLP and counsel for Plaintiffs WhatsApp Inc. and Facebook, 5 Inc. in this matter. The information in this declaration is based on my personal knowledge of this 6 matter and information I obtained following a reasonable investigation of the events described 7 below. If called as a witness, I could competently testify to the truth of each statement. 8 2. Attached as Exhibit 1 is a true and accurate screenshot from IP2Location.com 9 obtained on April 22, 2020, for IP address 104.223.76.220. Exhibit 1 shows that IP address 10 104.223.76.220 is currently located in Los Angeles, California, and is owned by QuadraNet 11 Enterprises LLC. 12 3. According to historical IP address location information from Maxmind.com for IP 13 address 104.223.76.220 obtained through the website archive.org, IP address 104.223.76.220 was 14 located in Los Angeles, California, and owned by QuadraNet Enterprises LLC as of May 28, 2019. 15 Attached as Exhibit 2 is a true and accurate screenshot of the Maxmind.com csv.zip file available 16 for download at archive.org that contains historical IP location information. Attached as Exhibit 3 17 is a true and accurate screenshot of the unzipped Maxmind.com csv.zip file showing the date of the 18 files as May 28, 2019. Attached as Exhibits 4a, 4b, and 4c are true and accurate screenshots of the 19 netblock for IP address 104.223.76.220 showing the location and ownership of IP address 20 104.223.76.220 as of May 28, 2019. 21 4. Attached as Exhibit 5 is a true and accurate screenshot from Quadranet.com obtained 22 on April 22, 2020. Exhibit 5 shows that QuadraNet Enterprise LLC owns a datacenter in Los 23 Angeles, California, where they host dedicated servers available for use by their customers. 24 5. Attached as Exhibit 6 is a true and accurate screenshot from IP2Location.com 25 obtained on April 22, 2020, for IP address 54.93.81.200. Exhibit 6 shows that IP address 26 54.93.81.200 is located in Frankfurt Am Main, Germany. 27 28 COOLEY LLP ATTO RNEY S AT LAW SAN FRA NCI S CO 6. Attached as Exhibits 7, 8, and 9 are true and accurate screenshots from SecurityTrails.com obtained on April 22, 2020, for IP address 54.93.81.200. Exhibits 7–9 show that 1 MORNIN DECL. ISO OPP. CASE NO. 4:19-CV-07123-PJH Case 4:19-cv-07123-PJH Document 55-6 Filed 04/23/20 Page 3 of 3 1 Amazon.com Inc. uses IP address 54.93.81.200 and that subdomains sip.nsogroup.com, 2 sip.qtechnologies.com, and sip.2access.xyz were all hosted on IP address 54.93.81.200 from at least 3 January 2, 2019, through at least November 24, 2019. 4 5 6 7 I declare under penalty of perjury that the foregoing is true and correct. Executed at Oakland, California, on the 23rd day of April, 2020. /s/ Joseph D. Mornin Joseph D. Mornin 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTO RNEY S AT LAW SAN FRA NCI S CO 2 MORNIN DECL. ISO OPP. CASE NO. 4:19-CV-07123-PJH