Overture Services, Inc. v. Google Inc.

Filing 164

MOTION for Leave to File Supplemental Claim Construction Brief and to permit sealing of Supplemental Claim Construction Brief and Declaration of Ravind S. Grewal in Support of this Miscellaneous Administrative Request filed by Google Inc.. (Sun, Christine) (Filed on 5/11/2004)

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Overture Services, Inc. v. Google Inc. Doc. 164 Case 3:02-cv-01991-JSW Document 164 Filed 05/11/2004 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KEKER & VAN NEST, LLP JOHN W. KEKER - #49092 DARALYN J. DURIE - #169825 CHRISTINE P. SUN - #218701 RAVIND S. GREWAL - #220543 710 Sansome Street San Francisco, CA 94111-1704 Telephone: (415) 391-5400 Facsimile: (415) 397-7188 Attorneys for Defendant and Counterclaimant GOOGLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION OVERTURE SERVICES, INC., Plaintiff and Counterdefendant, v. GOOGLE INC., Defendant and Counterclaimant. Case No. C 02-01991 JSW (EDL) GOOGLE INC.'S MISCELLANEOUS ADMINISTRATIVE REQUEST; [PROPOSED] ORDER [Local Civil Rule 7-10] 331758.01 GOOGLE INC.'S MISCELLANEOUS ADMINISTRATIVE REQUEST; [PROPOSED] ORDER CASE NO. C 02-01991 JSW (EDL) Dockets.Justia.com Case 3:02-cv-01991-JSW Document 164 Filed 05/11/2004 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Civil Local Rules 7-10(b) and 7-3(d), Google hereby seeks leave to file a supplemental claim construction brief of no more than 2 pages to bring to the Court's attention claim construction evidence on the terms" database" and "search result list" that was produced by Plaintiff Overture Services, Inc. ("Overture") subsequent to the March 24, 2004 Markman hearing. See Declaration of Christine P. Sun ISO Google's Misc. Admin. Request, 2. The new evidence consists of testimony from Overture witnesses taken in Overture v. FindWhat, which is currently pending in the Central District of California. Under Google's proposal, which Overture has stipulated to, Overture would have 7 days to file a brief of no more than 2 pages limited to responding to the arguments and evidence set forth in Google's supplemental brief. See Stipulation re: Supplemental Claim Construction Briefing (filed May 11, 2004). Google has lodged with the Clerk of Court its proposed supplemental brief (unredacted version). Google requests that the Court permit the filing of Google's brief and order the Clerk to place the brief in the file for this case (under seal), and that the Court adopt the parties' stipulated briefing schedule. Within the next court day of the Court's order granting Google's request, Google would publicly file a redacted version of the supplemental brief. In addition, pursuant to Civil Local Rule 79-5, Google requests that the Court permit the sealing of the documents set forth below: 1. 2. Google Inc.'s Supplemental Claim Construction Brief (Unredacted Version) Declaration of Ravind S. Grewal ISO Google Inc's Miscellaneous Administrative Request and exhibits thereto. The above documents contain deposition testimony of Overture witnesses in Overture v. FindWhat that has been designated by Plaintiff Overture as either "Confidential" or "Outside Counsel Only." Under the terms of the protective order entered in this case, Google cannot file these materials publicly. In light of the foregoing, Google respectfully submits that its request to file documents under seal is narrowly tailored within the meaning of Civil Local Rule 79-5. Google therefore requests that the Court permit the sealing of the documents set forth above, and order that the Clerk of the Court maintain them in accordance with the provisions of Civil Local 1 331758.01 GOOGLE INC.'S MISCELLANEOUS ADMINISTRATIVE REQUEST; [PROPOSED] ORDER CASE NO. C 02-01991 JSW (EDL) Case 3:02-cv-01991-JSW Document 164 Filed 05/11/2004 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Rule 79-5(e). For the reasons stated above, Google respectfully requests that the Court grant Google's requests. Dated: May 11, 2004 KEKER & VAN NEST, LLP By: /s/ Christine P. Sun CHRISTINE P. SUN Attorneys for Defendant and Counterclaimant GOOGLE INC. [PROPOSED] ORDER The Court has considered the May 11, 2004 miscellaneous administrative request by Google Inc. ("Google") and the parties' stipulation re: supplemental claim construction briefing. Good cause appearing, the Court GRANTS Google's requests and orders the following: 1) Google is granted leave to file its supplemental claim construction brief (unredacted version), as lodged with the Clerk of the Court on or about May 11, 2004. The Clerk is order to place Google's brief in the case file. Moreover, the Clerk is directed to maintain Google's supplemental brief and the Declaration of the Ravind S. Grewal ISO Google's Miscellaneous Administrative Request, also lodged on or about May 11, 2004, in accordance with the provisions of Civil Local Rule 79-5(e). 2) Google shall publicly file a redacted version of Google's supplemental brief within the next Court day of this Order. 3) Overture is permitted leave to file a brief of no more than 2 pages limited to responding to the arguments and evidence set forth in Google's supplemental brief within 7 days of this Order. IT IS SO ORDERED. Dated: HON. JEFFREY S. WHITE United States District Judge 2 331758.01 GOOGLE INC.'S MISCELLANEOUS ADMINISTRATIVE REQUEST; [PROPOSED] ORDER CASE NO. C 02-01991 JSW (EDL)

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