Overture Services, Inc. v. Google Inc.

Filing 116

Declaration of Ravind S. Grewal in Support of 115 Google's Responsive Claim Construction Brief filed by Google Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit 20# 21 Exhibit 21# 22 Exhibit 22# 23 Exhibit 23# 24 Exhibit 24# 25 Exhibit 25# 26 Exhibit 26# 27 Exhibit 27# 28 Exhibit 28# 29 Exhibit 29# 30 Exhibit 30)(Related document(s) 115 ) (Grewal, Ravind) (Filed on 1/30/2004)

Overture Services, Inc. v. Google Inc.

Doc. 116

Case 3:02-cv-01991-JSW

Document 116

Filed 01/30/2004

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KEKER & VAN NEST, LLP JOHN W. KEKER - #49092 DARALYN J. DURIE - #169825 CHRISTINE P. SUN - #218701 RAVIND S. GREWAL - #220543 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant GOOGLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

OVERTURE SERVICES, INC., Plaintiff and Counterdefendant, v. GOOGLE INC., Defendant and Counterclaimant.

Case No. C 02-01991 JSW (EDL) DECLARATION OF RAVIND S. GREWAL IN SUPPORT OF GOOGLE'S RESPONSIVE CLAIM CONSTRUCTION BRIEF Tutorial: Hearing: Courtroom: Judge: March 10, 2004 ­ 2:00 p.m. March 24, 2004 ­ 2:00 p.m. 2, 17th Floor Hon. Jeffrey S. White

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DECLARATION OF RAVIND S. GREWAL IN SUPPORT OF GOOGLE'S RESPONSIVE CLAIM CONSTRUCTION BRIEF CASE NO. C 02-01991 JSW (EDL) Dockets.Justia.com

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I, Ravind S. Grewal, declare as follows: 1. I am an associate at the law firm of Keker & Van Nest, LLP, counsel of record for

Google Inc. ("Google") in the above-captioned matter. I make this declaration in support of Google's Responsive Claim Construction Brief. I make the following declaration based upon my personal knowledge, and could testify thereto under oath if called upon to do so. 2. The Exhibits attached hereto Bates-stamped with "OVG" numbers are documents

produced by Overture in discovery in this action. 3. The Exhibits attached hereto Bates-stamped with "GOG" numbers are documents

produced by Google in discovery in this action. 4. The Exhibits attached hereto that are not Bates-stamped are documents identified

by the parties during the claim construction proceedings in this action. 5. Attached hereto as Exhibit 1 is a true and correct copy of an article from C/Net

News.com entitled, "Engine sells results, draws fire," dated June 21, 1996 (OVG 1371-72). 6. Attached hereto as Exhibit 2 is a true and correct copy of an article from C/Net

News.com entitled, "New ad model charges by the click," dated April 29, 1996 (OVG 1216-17). 7. Attached hereto as Exhibit 3 is a true and correct copy of an article from

Electronic Advertising & Marketplace Report entitled, "New Service Puts Auction, Search Engine Under One Roof," dated April 28, 1998, Vol. 12 Issue 8 (OVG 1124-25). 8. Attached hereto as Exhibit 4 is a true and correct copy of the January 20, 2004

letter from Andrew C. Byrnes at Heller Ehrman to Daralyn Durie at Keker & Van Nest. 9. Attached hereto as Exhibit 5 is a true and correct copy of an article from the

website SearchEngineOptimism.com entitled, "Google Adwords and Overture" (GOG 32242250), as printed out on a date between March and June 2003. The URL is: http://searchengineoptimism.com/SEO_Tutorial/google_adwords_overture.html, as noted in the footer of the document. 10. Attached hereto as Exhibit 6 is a true and correct copy of excerpts from The

American Heritage Dictionary, 4th edition, 2000 (GOG 32273-32277). 11. Attached hereto as Exhibit 7 is a true and correct copy of excerpts from The New 1

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DECLARATION OF RAVIND S. GREWAL IN SUPPORT OF GOOGLE'S RESPONSIVE CLAIM CONSTRUCTION BRIEF CASE NO. C 02-01991 JSW (EDL)

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Oxford Dictionary of English, 1998. 12. Attached hereto as Exhibit 8 is a true and correct copy of excerpts from The

Random House Dictionary of the English Language 2nd edition, Unabridged, 1987. 13. Attached hereto as Exhibit 9 is a true and correct copy of excerpts from Webster's

New World College Dictionary 3rd edition, 1997. 14. Attached hereto as Exhibit 10 is a true and correct copy of excerpts from

Merriam-Websters's Collegiate Dictionary 10th edition, 1995. 15. Attached hereto as Exhibit 11 is a true and correct copy of excerpts from The

New Oxford English Dictionary, 1998. 16. Attached hereto as Exhibit 12 is a true and correct copy of excerpts from the

microfiche that was submitted as an appendix to Patent Application No. 09/322,677. 17. Attached hereto as Exhibit 13 is a true and correct copy of the Notice of

Allowability dated March 23, 2001 regarding Patent Application No. 09/322,677 (GOG 3182428). 18. Attached hereto as Exhibit 14 is a true and correct copy of United States Patent

Application No. US 2003/0101126A1, May 29, 2003, Cheung et al. (GOG 32207-224). 19. Attached hereto as Exhibit 15 is a true and correct copy of an article from the

website SearchEnginesInfo.com entitled, "Pros and Cons of Overture's Auto Bidding," as printed out on a date between March and June 2003 (GOG 32256). The URL for this article is: http://searchenginesinfo.com/microsites/newsarticle.asp?mode=print&newsarticleid=1700889&r eleaseid=&srid=11271&magazineid=151&siteid=2, as noted in the footer of the document. 20. Attached hereto as Exhibit 16 is a true and correct copy of an article from the

website SearchEngines.com entitled, "Pay-per-click search engines," as printed out on a date between March and June 2003 (GOG 32254-55). The URL for this article is: http://www.searchengines.com/pay_per_click.html, as noted in the footer of the document. 21. Attached hereto as Exhibit 17 is a true and correct copy of instructions from the

eBay.com website on "How to Bid," as printed out on a date between March and June 2003. (GOG 03225-27) The URL is: http://www.pages.ebay.com/new/bid.html, as noted in the footer 2
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of the document. 22. Attached hereto as Exhibit 18 is a true and correct copy of an article from the

website TundraWolfPromotions.com entitled, "InfoSpace Adds Google's Award-Winning Search Results to its Industry-Leading Meta-Search Technology," as printed out on a date between March and June 2003 (GOG 32230-33). The URL for this article is: http://www.tundrawolfpromotions.com/news.htm, as noted in the footer of the document. 23. Attached hereto as Exhibit 19 is a true and correct copy of excerpts from The

Random House Dictionary of the English Language 2nd edition, Unabridged, 1987. 24. Attached hereto as Exhibit 20 is a true and correct copy of excerpts from

Webster's New World College Dictionary 3rd edition, 1997. 25. Attached hereto as Exhibit 21 is a true and correct copy of an article from C/Net

News.com entitled, "New search engine goes commercial," dated February 18,1998 (OVG 122223). 26. Attached hereto as Exhibit 22 is a true and correct copy of an article from ZDNet

News and Views entitled, "Searching For The Highest Bidder," dated February 19, 1998 (OVG 1226-27). 27. Attached hereto as Exhibit 23 is a true and correct copy of an article from

OCWeekly.com entitled, "GoTo.Hell," dated March 13,1998 (OVG 1232-34). 28. Attached hereto as Exhibit 24 is a true and correct copy of an article from the

Search Engine Report entitled, "Go To Sells Positions," dated March 5, 1998 (OVG 1366-70). 29. Attached hereto as Exhibit 25 is a true and correct copy of excerpts from the

textbook An Introduction to Database Systems, 3rd edition, 1981 (GOG 32264-69). 30. Attached hereto as Exhibit 26 is a true and correct copy of excerpts from the

Chambers and Technology Dictionary, 1988 (GOG 32270-72). 31. Attached hereto as Exhibit 27 is a true and correct copy of excerpts from the

textbook Fundamentals of Database Systems, 1989. 32. Attached hereto as Exhibit 28 is a true and correct copy of excerpts from The

New Oxford Dictionary of English, 1998. 3
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33.

Attached hereto as Exhibit 29 is a true and correct copy of excerpts from

Webster's New World College Dictionary 3rd edition, 1997. 34. Attached hereto as Exhibit 30 is a true and correct copy of a page from the on-line

edition of the Merriam-Webster Unabridged Dictionary, 2004. I declare under penalty of perjury that the foregoing is true and correct. Executed on this January 30, 2004 at San Francisco, California.

/s/ Ravind S. Grewal RAVIND S. GREWAL

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DECLARATION OF RAVIND S. GREWAL IN SUPPORT OF GOOGLE'S RESPONSIVE CLAIM CONSTRUCTION BRIEF CASE NO. C 02-01991 JSW (EDL)