Overture Services, Inc. v. Google Inc.

Filing 205

Declaration of Ravind S. Grewal in Support of 204 , 195 Reply Re Motion to Compel Production of Documents and Testimony Re Prosecution of '361 Patent filed by Google Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Related document(s) 204 , 195 ) (Grewal, Ravind) (Filed on 7/30/2004)

Overture Services, Inc. v. Google Inc.

Doc. 205

Case 3:02-cv-01991-JSW

Document 205

Filed 07/30/2004

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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: [phone] Facsimile: [phone] 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) DECLARATION OF RAVIND S. GREWAL IN SUPPORT OF REPLY RE MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND TESTIMONY RE PROSECUTION OF `361 PATENT Date: August 24, 2004 Time: 9:00 a.m. Courtroom: E, 15th Floor Judge: Hon. Elizabeth D. Laporte

335989.01

DECLARATION OF RAVIND S. GREWAL IN SUPPORT OF REPLY RE MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND TESTIMONY RE PROSECUTION OF `361 PATENT CASE NO. C 02-01991 JSW (EDL) Dockets.Justia.com

Case 3:02-cv-01991-JSW

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I, RAVIND S. GREWAL, declare as follows: 1. I am an attorney licensed to practice in the State of California and am an associate

at the law firm of Keker & Van Nest, LLP, counsel for Defendant and Counterclaimant Google Inc. ("Google") in this matter. 2. Google did not filed its motion to compel for a number of months after the parties

concluded their meet-and-confer in November 2003 because its attentions were directed to claim construction briefing and preparation for the claim construction hearing. Further, Google wanted to depose James Naughton, one of the attorneys who prosecuted the `361 patent application, prior to filing its motion. At no point from November 2003 until it filed its motion to compel did Google represent to Overture that it no longer intended to file the motion. 3. Attached hereto as Exhibit A is a true and correct copy of the standard JAMS

Confidentiality Agreement, as well as an email from Andrew Byrnes, an attorney representing Overture to Christine Sun, one of Google's attorneys, requesting that a Google attorney execute the agreement prior to the parties' mediation. Counsel for both parties did execute the standard agreement before commencing the mediation. 4. Attached hereto as Exhibit B is a true and correct copy of an excerpt from the July

18, 2003 deposition of Elaine Lee. 5. Attached hereto as Exhibit C are true and correct copies of excerpts from the

July 23, 2003 deposition of John G. Rauch. 6. Attached hereto as Exhibit D is a true and correct copy of an excerpt from the

April 15, 2004 deposition of James Naughton. 7. Attached hereto as Exhibit E are true and correct copies of excerpts from the

May 11, 2004 deposition of Steven Skovran in the Overture v. FindWhat.com litigation. 8. Attached hereto as Exhibit F is a true and correct copy of Exhibit 158 from Mr.

Skovran's deposition. Mr. Skovran described this document as a copy of a log maintained by GoTo.com prior to the critical date. 9. Attached hereto as Exhibit G is a true and correct copy of an excerpt from the

April 27, 2004 deposition of Tod Kurt. 1
DECLARATION OF RAVIND S. GREWAL IN SUPPORT OF REPLY RE MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND TESTIMONY RE PROSECUTION OF `361 PATENT CASE NO. C 02-01991 JSW (EDL)

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Case 3:02-cv-01991-JSW

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I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 30th day of July, 2004, at San Francisco, California.

/s/ Ravind S. Grewal RAVIND S. GREWAL

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335989.01

DECLARATION OF RAVIND S. GREWAL IN SUPPORT OF REPLY RE MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND TESTIMONY RE PROSECUTION OF `361 PATENT CASE NO. C 02-01991 JSW (EDL)