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.
g1/27/2004 ase 3:02-cv-01991-JSW C 13:15 FAX [phone]

Doc. 133 Att. 5

Document 133-6

HELLER EHRMAN

Filed 02/17/2004

0 Page 1 of~1 02

HellerEThORN an rm AT
January 27 2004
Andrew C. Byrnes AByrnes~hewrn. com Direct (650) 324- 7021 Main [phone]

Via Facsimile

u.S. Mail

Fax [phone]

05392.0150

Christine P. Sun Keker & Van Nest LLP 710 Sansome Street San Francisco , CA 94111- 1704

Re:

Overture v. Google: Damages Discovery

Dear Christine:

By phone on January 21 , which discussion was memorialized in my letter to you on January 22 , Overture proposed, as a compromise regarding damages discovery, that the parties set a date certain after the claim construction hearing on which they would exchange damages discovery. During our telephone conversation yesterd~y afternoon , you counterproposed that Google provide " summary fmancial data" in early April followed by phased production of the remainder of damages discovery at unspecified later dates. As J mentioned to you yesterday and previously, particularly given the fact that the case will have been pending for 23 months at the time of the Markman hearing, Overture cannot accept any proposal that does not specify a date certain shortly after the Markman hearing by which damages discovery will be produced. If Google is not willing to provide such a date by noon tomorrow, please be advised that Overture will seek the Court' s assistance by filing a motion to compel tomorrow afternoon.

hewrn. com Heller Ehnnan White & McAuliffe LLP 275 Mi":dlefield Road Menlo Park, CA 94025-3506 WMY.

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