Overture Services, Inc. v. Google Inc.

Filing 211

Declaration of Christine P. Sun in Support of 204 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)(Related document(s) 204 ) (Sun, Christine) (Filed on 8/2/2004)

Overture Services, Inc. v. Google Inc.

Doc. 211 Att. 1

Case 3:02-cv-01991-JSW

Document 211-2

Filed 08/02/2004

Page 1 of 5

Exhibit A

Dockets.Justia.com

Case 3:02-cv-01991-JSW

Document 211-2

Filed 08/02/2004

CERTIFIED COpy

Page 2 of 5

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

OVERTURE SERVICES, INC.,

Plaintiff,
vs.
GOOGLE, INC.,
) No. CO2- 01991

JSW (EDL)

Defendant.
AND RELATED CROSS - ACTIONS

(Subject to Protective Order Outside Counsel Only)

DEPOSITION OF TODD KURT

April 27,

2004

BARBARA DUKE CSR 9817

172782
Los Angeles
Orange County

BARKLEY
Court Reporters
San Francisco
San Diego

Inland Empire

Palm Springs

San Fernando Valley

San

Jose

(310)

(949)

(415)

. (858)

(909)

207. 8000

955. 0400

433. 5777

455. 5444

686. 0606

322. 2240

(760)

(818) 702. 0202

(408)

885. 0550

Case 3:02-cv-01991-JSW

Document 211-2

Filed 08/02/2004

Page 3 of 5

report coul d not

this report

report similar
wouldn

this couldn I t
1998,

have been generated on May 27th

other than the obvious, that

able to capture projected revenue for May 28, 29,
30

and 31?

No.

That data could be - column.
As I ment

the only

issue is the client

ioned before,

it'

s a little bit difficult to determine exactly

how many unique clients we

had.

Okay.

Was data generated prior to May

28th 1998 attempting to show how many clients
goto. com had at a particular time?

I remember us trying to determine that
many times, yeah.

So it might have been possible to

generate the report, but there might have been some
inaccuracies in the report?

Correct:
I take it then from this report that the

virtual revenue on May 1st 1998 was $47. 13?

May 31st?
m sorry, May

1st.
this report,

May 1st.
Do you

From

yes.
first

remember when goto. com

achieved $10 in virtual revenue in a single day?

TODD

KURT

BARKLEY
Court Reporters

Case 3:02-cv-01991-JSW

Document 211-2

Filed 08/02/2004

Page 4 of 5

I remember it happening.

I don'

remember

date.
Okay.

I remember us celebrating.

Do you recall it was before May

28th 1998?

to say it

That sounds about right. was sometime in April.

I would hazard

How was the data generated to allow

goto. com

to conclude that it had generated $10 in

virtual revenue on that day?
MS. THAYER:

Obj ection.

Assumes facts

not in evidence.
THE WITNESS:

Qne could simply sum up

the bids in the click- through logs and get a value.
Now, that is, as we later learned, not sufficient
because there are many fraudulent clicks that have to be removed, so it would give a potential maximum

revenue.
BY MS. DURIE:

Can you describe for me

what you mean by a 11 fraudulent

click"?

You' re a competitor to some company.
You notice that they are advertising on Goto, and

you see that they have a bid amount.

You can click

on their link many, many times and thereby

hopefully depleting their

accoun~.

As of May 28th 1998 did goto. com have a

TODD KURT

BARKLEY
Court Reporters

Case 3:02-cv-01991-JSW

Document 211-2

Filed 08/02/2004

Page 5 of 5

of the testimony given by the witness.

(Fed. R.

. Civ.

30 (f) (1) .
Before completion of the deposition, review of
the transcr ipt

( x J was (

J was not requested.

requested ,

any ch ~nges made by the deponent

(and

provided to the reporter) during the period allowed , are

appended hereto.
Da

(Fed. R. C

i v. P.

30 ( e) . )

ted:

14-2004

Cb)v-/

'0

212 .

1:.:.;1:.118' ,. n " . 87:
&..4i~" 'lIe1l"'"