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
Page 2 of 5
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 ABymes@hewrn.com Direct (650) 324-7021 Main (650) 324-7000 Fax (650) 324-0638
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
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Washington, D.C.
Madison, WI
Case 3:02-cv-01991-JSW
Document 110-15
Filed 01/28/2004
Page 3 of 5
Christine P. Sun January 12,2004 Page 2
HellerEhr man
A T T O R N E Y S
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 6 5 0 924 0638
EELLER E M A Document 110-15N MID # 2 01/28/2004 Filed
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HellerEhrman
ATTORNEYS
Facsimile Transmittal
275 Middlefield Road Menlo Park, CA 94025-3506 Main (650) 324-7000
Fax (650) 324-0638
To:
Telephone:
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From: Telephone: Direct Fax:
Fax: Jason C. White; Brinks Rofer Gilson & Lione 3 12.321.4225 Fan:
415.391.5400
'
Christine P. Sun;Keker & Van Nest
415.397.7188
312.321.4299
.
Andrew C. Byrnes
650.324.7021 650.324.6078
No.of Pages:
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3 (including cover)
January 22,2004
05392.0150 (60)
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HellerEhrman
A T T O R N E Y S
Facsimile Transmittal
275 Middlefield Road Menlo Park, CA 94025-3506 Main 650\324-7000 Fax (650)324-0638-
Telephone:
T: o
To:
Telephone: Telephone: Direct Fax:
Fax: Jason C.White; Brinks Hofer cilson & Lione 312.321,4225 Fax:
415.391.5400
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415.397.71 $8 3 12.32 1.4299
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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:
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