Overture Services, Inc. v. Google Inc.

Filing 82

DECLARATION in Support re 70 (Christine P. Sun) Opposition to Overture's Motion for Protective Order 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 I# 8 Exhibit J# 9 Exhibit K# 10 Exhibit L# 11 Exhibit M# 12 Exhibit N# 13 Exhibit O# 14 Exhibit P# 15 Exhibit Q# 16 Exhibit R)(Related document(s) 70 ) (Sun, Christine)

Overture Services, Inc. v. Google Inc.

Doc. 82 Att. 11

Case 3:02-cv-01991-JSW

Document 82-12

Filed 08/11/2003

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KEKER & V AN NEST , LLP JOHN W. KEKER - #49092 JON B. STREETER - #101970 DARALYN J. DURIE - #169825 CHRISTINE P. SUN - #218701 710 Sansome Street San Francisco, CA 94111- 1704 Telephone: [phone] Facsimile: (415) 397- 7188

Attorneys for Defendant GOOGLE INe.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

OVERTURE SERVICES , INe. , a Delaware corporation

Case No. C 02- 01991

CRB

Plaintiff

INc.
GOOGLE INC. , a California corporation

DEFENDANT GOOGLE INc.' S SECOND SET OF INTERROGATORIES TO PLAINTIFF OVERTURE SERVICES

Defendant.

PROPOUNDING P ARTY: GOOGLE INe.
RESPONDING PARTY:
SET NO.

OVERTURE SERVICES , INe.
TWO

303289.

GOOGLE' S SECOND SET OF INTERROGATORIES TO OVERTURE SERVICES , INe. CASE NO. C 02-01991 Dockets.Justia.com

Case 3:02-cv-01991-JSW

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Pursuant to Federal Rule of Civil Procedure 33 , Defendant Google Inc. requests that
Plaintiff Overture Services , Inc. respond to the following Interrogatories within 30 days of their
servIce.

DEFINITIONS

1. "GOOGLE" means Google, Inc. , its subsidiaries, divisions, predecessor companies
any joint venture to which it may be a party, and/or each of its employees, agents , officers
directors , representatives , consultants, accountants, and attorneys, including any person who

served in any such capacity at any time.

2. "OVERTURE" means Overture Services, Inc. , its subsidiaries, divisions, predecessor
companies , any joint venture to which it may be a party, and/or each of its employees, agents
officers , directors, representatives, consultants, accountants, and attorneys, including any person

who served in any such capacity at any time.

3. "The ' 361 patent" means United States Patent No. 6 269 361. 4. "COST-PER-CLICK SYSTEM" means the cost-per-click system which was
available to the public at the website

http://w-ww. goto. com and associated web pages as of

May 28 , 1998; as well as any prior versions of any such systems, including but not limited to the
cost- per- click beta system" which OVERTURE began developing in January or February 1998

as described in OVERTURE' s November 6 2002 Response to Google s Interrogatory No.

INSTRUCTIONS
In answering these interrogatories, OVERTURE is required to furnish all
information available to OVERTURE, not merely such information as the persons preparing the

responses know of their own personal knowledge. In answering these interrogatories
OVERTURE is requested to make a diligent search of its records or other papers and materials in
its possession or the possession of its employees, attorneys, consultants, or other representatives
to the extent necessary to provide responsive information.
Unless otherwise indicated, these interrogatories seek information through the

present. The interrogatories shall be deemed continuing so as to require prompt and further

supplemental response if OVERTURE obtains additional responsive information at any time

303289.

GOOGLE' S SECOND SET OF INTERROGATORIES TO OVERTURE SERVICES, INe. CASE NO. C 02-01991 CRB

Case 3:02-cv-01991-JSW

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between the time for the initial response and the time of hearing or trial.

If OVERTURE cannot respond to an interrogatory fully, after a diligent attempt
to obtain the requested information , OVERTURE is required to answer the interrogatory to the
extent possible, specify the portion of the interrogatory OVERTURE is unable to answer , and

provide whatever information OVERTURE has regarding the unanswered portion.

INTERROGA TO RIES

INTERROGATORY NO.
Identify all attorneys who participated in the prosecution ofthe ' 361 patent, including but
not limited to all attorneys who billed time in connection with the prosecution of the patent.

INTERROGATORY NO.
Identify all customers and potential customers of the COST- PER- CLICK SYSTEM
including but not limited to the name , address, and contact person at each company, firm , or
entity that has purchased, been approached to purchase, or considered purchasing services in

connection with the COST- PER- CLICK SYSTEM.

Dated: December 11 , 2002

KEKER & V AN NEST, LLP

By:

CHRISTINE P. SUN Attorneys for Defendant GOOGLE INe.

303289.

GOOGLE' S SECOND SET OF INTERROGATORIES TO OVERTURE SERVICES , INe. CASE NO. C 02-01991 CRB

Case 3:02-cv-01991-JSW

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PROOF OF SERVICE

I am employed in the City and County of San Francisco , State of California in the office of a member of the bar of this court at whose direction the following service was made. I am over the age of eighteen years and not a party to the within action. My business address is Keker & Van Nest, LLP, 71 0 Sansome Street, San Francisco, California 94111.
On December 11

2002 , I served the following document(s):

GOOGLE INC. S SECOND SET OF INTERROGATORIES TO

PLAINTIFF OVERTURE SERVICES, INc.
by FACSIMILE TRANSMISSION (IKON) AND UNITED STATES MAIL, by placing a true and correct copy with IKON Office Solutions, the firm s in-house facsimile transmission center provider, for transmission on this date. The transmission was reported as complete and without error. Additionally, the original was placed in a sealed envelope addressed as shown below. I am readily familiar with the practice of Keker & Van Nest, LLP for collection and processing of correspondence for mailing. According to that practice, items are deposited with the United States Postal Service at San Francisco, California on that same day with postage thereon fully prepaid. I am aware that, on motion ofthe party served , service is presumed invalid if the postal cancellation date or the postage meter date is more than one day after the date of deposit for mailing stated in this affidavit.
Jack e. Berenzweig, Esq.

Brinks Hofer Gilson & Lione NBC Tower - Suite 3600 455 N. Cityfront Plaza Drive Chicago , IL 60611
Facsimile No. :
[phone]

Anthony 1. Fenwick, Esq. Latham & Watkins 135 Commonwealth Drive Menlo Park, CA 94025
Facsimile No. :
[phone]

Executed on December 11 , 2002 , at San Francisco , California.

, Lauren Hartz~Lewis, declare under penalty of perjury under the laws ofthe State California that the above is true and correct.

;;f~

Lauren Hartz Lewis

7-l~~

303289.

PROOF OF SERVICE

CASE NO. C 02-01991CRB