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. 4
HELLER EHIUIAN Document 133-5

01/22/2004 ase10 FAX [phone] C13: 3:02-cv-01991-JSW

Filed 02/17/2004

Page 1

f1 of42002

HellerE Thrman A TOR NEYS
January 22, 2004
Andrew C. Byrnes

ABymes~ewm. com

Via Facsimile

u.S. Mail

Direct [phone] Main [phone] Fax [phone]
05392. 0150

Christine P. Sun Keker & Van Nest LLP 710 Sansome Street
San Francisco ,

CA 94111-"1704

Re:

Overture Services, Inc. v. Google Inc. : Discovery Issues

Dear Christine:

This letter confIrms our telephone conversation yesterday regarding damages discovery. As a compromise, Overture proposed that the parties set a date certain after the claim construction hearing; April 1 , 2004, on which they would exchange damages discovery. You stated that you would consider the proposal and respond either in the affmnative or with a counterproposal today if possible. I look forward to your response.
I have not received any response from you regarding the two additional outstanding discovery issues set forth in my January 12 letter. Unless notified otherwise , I will assume that Google will produce responsive documents , excluding source code regarding AdSense as well.as " search logs" and related documents on February 13.
In addition,

Further , it is my understanding that you agreed to provide Overture s counsel with any documents received in response to Google s third party subpoenas. Please confIrm that Google has provided to Overture all documents received to date.

Finally, please advise as to whether, under the terms of the Supplemental Protective Order Ie Outside Counsel Only Source Code , Google will permit Overture to have separate copies of Google s source code at the offices of Brinks Hofer and Heller Ehrman. Such an arrangement would be significantly more convenient and cost-effective for Overture , and would not: prejudice Google.

Heller Ehrman White & McAuliffe LLP 275 Middlefield Road Menlo Park, CA 94025.3506 www. hewm. com

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01/22/2004 13:e 3:02-cv-01991-JSW Cas 11 FAX [phone]

HELLER 133-5 Document EHRMAN

Filed 02/17/2004

f 003 Page 2 of4I2

Heller Ehrman ATTORNEYS
contact me if you have any'

Christine P. Sun

January 22 2004 Page 2

Thank you for your prompt consideration of these matters. Please do not hesitate to

questions.
Andrew C. B

Sin ely yours

cc:

Jason C. White, Esq.