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)

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Overture Services, Inc. v. Google Inc. .. Doc. 133 Att. 3 HELLER EHRlIAN Document 133-4 01/20/200Case12 FAX 650 324 0638 4 15: 3:02-cv-01991-JSW Filed 02/17/2004 Page 1 11 of 42002 HellerEThORN an rm AT January 20 , 2004 Andrew C. Byrnes AD yrn es t!Yh ewm. com Via Facsimile and First Class Mail Direct (650) 324-7021 Main (650) 324-7000 Fax (650) 324-0638 05392. 0150 Daralyn Durie, Esq. Keker & Van Nest , LLP. 710 Sansome Street San Francisco, CA 94111- 1704 Re: Overture Services, Inc. v. Google Inc. Dear Ms. Durie: I write to inform Google that Overture , upon further thought, has revised its proposed constructions of two claim terms: " search listing" and "search list result." We will revise the joint claim construction statement accordingly. Search Listing : Overture s revised proposed construction is "a collection of information that can be included in a search result list and which may be paid or unpaid. " As Google advocated, Overture has omitted the phrase "that includes at least one search term from its construction. In addition , to clarify for the jury the unobjectionable proposition that a listing may be paid or unpaid, we have added "which may be paid or unpaid" to our definition. We hope that these changes will moot any dispute between the parties regarding this term. Search Result List: Overture s revised proposed construction is "a series of search listings that is obtained as a consequence of the examination of data. " Upon further thought and review of the relevant dictionary definitions , Overture has come to agree with Google that a "series" of listings accords better with the ordinary meaning of "list" than a "set" of listings. In addition, OvertUre believes that the " obtained as a consequence of the examination of data" better adheres to the dictionary definitions of "search" and "result " and moots Google s concern that Overture s previously proposed construction would be confusing to the jury. Heller Ehrman White & McAuliffe LLP 333 Bush Street San Francisco , CA 94104-2878 www.hewm.com San Francisco Hong Kong Singapore Silicon Valley Los Angeles San Diego Seattle Affiliated Offices: Portland Anchorage New York Washington D. Madison, WI Milan Paris Rome Dockets.Justia.com .~ . .. 01/20/2004 15:e12 FAX 650 324 0638 Cas 3:02-cv-01991-JSW HELLER EHR~IAN Document 133-4 Filed 02/17/2004 1 003 Page 2 of412 Heller Ehrman ATTORNEYS Sincerely yours Daralyn Durie, Esq. January 20 2004 Page 2 Please do not hesitate to contact me if you have questions regarding the abov~. (Jm~L.~ Jrtif; Andrew C. Byrnes cc: Jason White , Esq. (by fax)

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