Overture Services, Inc. v. Google Inc.

Filing 120

Declaration of Christine P. Sun in Support of 119 Google's Miscellaneous Administrative Request Re: Overture's Revised Claim Constructions filed by Google Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Related document(s) 119 ) (Sun, Christine) (Filed on 1/30/2004)

Overture Services, Inc. v. Google Inc.

Doc. 120 Att. 2

Case 3:02-cv-01991-JSW

Document 120-3

Filed 01/30/2004

Page 1 of 3

EXHIBIT B

Dockets.Justia.com

,"

Case 3:02-cv-01991-JSW

Document 120-3
LAW OFFICES

Filed 01/30/2004

Page 2 of 3

KEKER

& VAN

LLP

NEST

710 SANSOME STREET SAN FRANCISCO, CA 94111- 1704 TELEPHONE [phone] FAX [phone]
WWW. KVN. COM

CHRISTINE P. SUN
CPS0KVN. COM

January 21 ,

2004

VIA FACSIMILE AND FIRST CLASS MAIL
Andrew C. Byrnes , Esq. Heller Ehrman White & McAuliffe LLP 275 Middlefield Road Menlo Park, CA 94025- 1706
Re:
Overture v.

Coogle

Dear Mr. Byrnes:

I write in response to your letter dated January 20 , 2004 to Daralyn Durie of my office.
Overture s attempt to revise its proposed constructions of " search listing" and "search list result" at this late stage is wholly improper. Overture has had many months to consider Google s fully briefed arguments about the constructions proposed by Overture in the Joint Claim Construction Statement. For Overture to only now upon further thought " revise its claim constructions in light of Google s arguments is outrageous.

In any event, as you are aware , Google ' s responsive claim construction brief is due next week. Unfortunately, unlike Overture , Google will not have had the benefit of many months to consider Overture s new constructions. Nor will Google have had the benefit of considering and responding to Overture s fully briefed arguments on its new constructions. Accordingly, if

Overture insists on revising its claim constructions for " search listing" and "search list result Google insists that Overture stipulate to Google s filing of a sur-reply of no more than 5 pages on those terms. The sur-reply would be due one week after Overture s reply brief.
Please let me know immediately if Overture will stipulate to the above briefing schedule. If so , please prepare the stipulation for my signature. If not, Google intends to move to strike Overture s improper, last-minute revisions to its claim constructions.

Case 3:02-cv-01991-JSW
Andrew C. Byrnes, Esq. January 21 2004
Page 2

Document 120-3

Filed 01/30/2004

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If

you have further questions or concerns, please do not hesitate to contact me at (415)
Very truly yours

391- 5400.

CHRISTINE P. SUN
CPS/lhl

325214.