Overture Services, Inc. v. Google Inc.

Filing 110

Declaration of Andrew C. Byrnes in Support of 109 [Plaintiff Overture Services, Inc.'s Motion to Compel Production of Damages Documents] filed by Overture Services, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit E# 4 Exhibit F# 5 Exhibit G# 6 Exhibit H# 7 Exhibit I# 8 Exhibit J# 9 Exhibit K# 10 Exhibit L# 11 Exhibit M# 12 Exhibit N# 13 Exhibit O# 14 Exhibit P# 15 Exhibit Q# 16 Exhibit R# 17 Exhibit C# 18 Exhibit D)(Related document(s) 109 ) (Byrnes, Andrew) (Filed on 1/28/2004)

Overture Services, Inc. v. Google Inc.

Doc. 110 Att. 14

Case 3:02-cv-01991-JSW

Document 110-15

Filed 01/28/2004

Page 1 of 5

Dockets.Justia.com

Case 3:02-cv-01991-JSW

Document 110-15

Filed 01/28/2004

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HellerE h rm an
A T T O R N E Y

S

January 23,2004

Via Facsimile & US.M i al
Christine P. Sun Keker & Van Nest LLP 710 Sansome Street San Francisco, CA 941 11-1704

Andrew C. Bymes [e-mail] Direct [phone] Main [phone] Fax [phone]
05392.0150

Re:

Overture v. Google: Discovery Issues

Dear Christine: On January 7, Google served its Response to Overture's Fifth Set of Document Requests, which relate to Google's relationship and interactions with Terra Lycos. Google stated that it would produce non-privileged documents responsive to Requests Nos. 92-95 (pre-filing), 99, 102-106, 107-110 (pre-filing), and 112 that have not already been produced. Google has not produced any documents since serving its response. Please produce any responsive documents immediately or confirm in writing that ali responsive documents have been produced. Google objected to Requests Nos. 96-98, 100, 101, 11 1, and 113-115 on a number of grounds and concluded that "[i]f Overture serves a narrowed request that includes an appropriate subject matter limitation, Google will consider that request in due course." Federal Rule of Civil Procedure 34(b) requires that Google produce documents to which it proffers no objection. Overture should not have to serve additional requests to obtain documents that Google acknowledges should be produced. Please identify what Google
believes is the "appropriate subject matter," and produce immediately any non-privileged

responsive documents relating to that subject matter. Overture reserves its right to seek the Court's assistance to compel Google to produce all documents responsive to these requests. With respect to Requests Nos. 92-95 (post-filing), 99, 107-110 (post-filing), and 112, Google objected that at least some if not all responsive documents relate to damages and therefore "will be produced in the damages phase of discovery." I have not yet received a response to Overture's proposal of January 21 to agree to a date certain after the claim construction hearing on which the parties would exchange damages documents. If I do not receive a response by Monday, Overture will be forced to seek the Court's assistance in setting such a date, i.e., April 1,2004. Once a date has been set, whether by the parties'
Helier Ehnnan While & McAuliie LLP 275 Middlefieid Road Menio Park, CA 940253506 w . h e W m . c m San Francisco Silicon Valiey Los Angeles Hong Kong Singapore Amliated Omces: San Diego Seattle Milan Paris Rome Poltland Anchorage
NewYork

Washington, D.C.

Madison, WI

Case 3:02-cv-01991-JSW

Document 110-15

Filed 01/28/2004

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Christine P. Sun January 12,2004 Page 2

HellerEhr man
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agreement or by the Court, Overture expects that documents responsive to these requests will be included in Google's production. Please respond at your earliest convenience.

cc:

Jason C. White, Esq. (by fax)

11/23/2004 Case13:02-cv-01991-JSW 1 6 : 2 FAX [phone]

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ATTORNEYS

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415.397.7188

312.321.4299

.

Andrew C. Byrnes
650.324.7021 650.324.6078

No.of Pages:
Date:
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3 (including cover)
January 22,2004

05392.0150 (60)

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A T T O R N E Y S

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From:

Andrew C. Byrnes
650.324.7021 650.324.6078

No. of Pages:
Date:

3 (including cover)
January 22,2004

05392.0150 (60)

Message: