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)

Overture Services, Inc. v. Google Inc.

..

Doc. 133 Att. 3
HELLER EHRlIAN Document 133-4

01/20/200Case12 FAX [phone]: 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 [phone] Main [phone] Fax [phone]
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.

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01/20/2004 15:e12 FAX [phone] 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)