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)

Download PDF
Overture Services, Inc. v. Google Inc. Doc. 110 Att. 15 Case 3:02-cv-01991-JSW Document 110-16 Filed 01/28/2004 Page 1 of 3 Dockets.Justia.com Case 3:02-cv-01991-JSW Document 110-16 Filed 01/28/2004 Page 2 of 3 LAW OCFlCES KEKER & VAN NEST LLP 710 SANSOME STREET SAN FRANCISCO, CA 84111-1704 TELEPHONE (415) SSI-S400 FAX (415, 907-7188 WWW.KVN.COM C H R I S T I N E P SUN CPSrnKVN CON January 23,2004 VIA FACSIMILE AND FIRST CLASS MAIL Andrew C. Bymes, Esq. Heller Ehrman White & McAuliffe LLP 275 Middlefield Road Menlo Park, CA 94025-1706 Re: Overture v. Google Dear Andrew: I write in response to your letter dated January 22,2004. First, although this should be obvious, for the record, you should not assume that Google's failure to respond to your inquiries after one day, ten days, or any other amount of time for that matter, is an explicit or implicit agreement to your request(s). Second, Google did agree to Overture's proposed three-step process as set forth in Charles McMahon's letter dated October 7,2003. It is my understanding that Google previously relayed its many, substantive concerns about Overture's proposal to Mr. McMahon and that Mr. McMahon has yet to respond to those concerns. Accordingly, Google will not be producing the log files pursuant to Overture's current proposal, but is willing to continue its meet and confer ettorts. Third, Google has agreed to produce responsive documents related to the AdSense program. As I understand, Google is awaiting further explanation from Overture as to what documents related to AdSense it is seeking and why it is entitled to those documents. Fourth, it is my understanding that Google has provided Overture with all the documents it has received in response to Google's third party subpoenas. I will confirm this with you, and supplement our production if necessary, in the near future. Lastly, Google is still considering Overture's proposal regarding damages discovery and its request concerning Google's source code. I anticipate responding to your requests shortly. Case 3:02-cv-01991-JSW Document 110-16 Filed 01/28/2004 Page 3 of 3 Andrew C. Bymes, Esq January 23,2004 Page 2 If you have further questions or concerns, please do not hesitate to contact me at (415) 391-5400. Very truly yours, . CHRISTINE P. SUN CPS/lhl 325408.01

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?