Overture Services, Inc. v. Google Inc.

Filing 133

Declaration of Christine P. Sun in Support of 132 Google's Opposition to Overture's Motion to Compel Production of Damages Documents filed by Google Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Related document(s) 132 ) (Sun, Christine) (Filed on 2/17/2004)

g.,

Overture Services, Inc. v. Google Inc.

Doc. 133 Att. 1

Case 3:02-cv-01991-JSW

Document 133-2
LAW OFFICES

Filed 02/17/2004

Page 1 of 2

KEKER

& VAN

LLP

NEST

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

CHRISTINE P. SUN
C PSC1IKVN . OM C

January 9

2004

VIA FACSIMILE AND FIRST CLASS MAIL
Andrew C. Byrnes, Esq. Heller Ehnnan White & McAuliffe LLP 333 Bush Street San Francisco, CA 94104-2878
Re:
Overture v. Google

Dear Mr. Byrnes:

I write in response to your letter dated January 8 , 2004 to Daralyn Durie of my office. I address the topics you raised in order.
First , regarding the emai1 document production , Ravind Grewal of my office will contact you by no later than January 14 about the issues you raised in your letter.

Second , Google does not agree that it is appropriate to begin damages discovery at this time. Pursuant to the parties ' agreement , Google has proceeded with the understanding that
damages discovery would be stayed until at least after the Markman Markman

hearing. The fact that the

hearing has been rescheduled does not justify Overture s attempt to renege on that agreement. Moreover, given Overture s well-documented delays in providing discovery on the merits of this action Google s outstanding request for a 30(b)(6) deposition on GoTo.com pre-critical date system, we fail to see how proceeding with damages discovery at this point in time is warranted.

Third , Google will make a good faith effort to supplement its discovery responses by 2004, provided that Overture does the same. Please let me know as soon as possible ifthis is agreeable to you.
February 13 ,

Lastly, Google agrees to provide an updated privilege log by February 13 , 2004 , so long as Overture does the same. My letter to Charles McMahon of October 17 2003 , the substance of which has not been responded to , outlines Google s preliminary concerns with Overture privilege designations. Please let me know as soon as possible if this is agreeable to you.

Dockets.Justia.com

Case 3:02-cv-01991-JSW Andrew C. Byrnes, Esq. January 9 2004
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Document 133-2

Filed 02/17/2004

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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

324601.