Overture Services, Inc. v. Google Inc.

Filing 91

DECLARATION in Support re 90 (Kwun) Google's Responsive Claim Construction Brief filed by Google Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit 20# 21 Exhibit 21# 22 Exhibit 22# 23 Exhibit 23# 24 Exhibit 24# 25 Exhibit 25# 26 Exhibit 26# 27 Exhibit 27# 28 Exhibit 28# 29 Exhibit 29)(Related document(s) 90 ) (Kwun, Michael)

Overture Services, Inc. v. Google Inc.

Doc. 91

Case 3:02-cv-01991-JSW

Document 91

Filed 08/22/2003

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KEKER & VAN NEST, LLP JOHN W. KEKER - #49092 DARALYN J. DURIE - #169825 MICHAEL S. KWUN - #198945 CHRISTINE P. SUN - #218701 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant GOOGLE TECHNOLOGY INC., sued under its former name GOOGLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

OVERTURE SERVICES, INC., a Delaware corporation, Plaintiff and Counterdefendant, v. GOOGLE INC., a California corporation, Defendant and Counterclaimant.

Case No. C 02-01991 JSW (EDL) DECLARATION OF MICHAEL S. KWUN IN SUPPORT OF GOOGLE'S RESPONSIVE CLAIM CONSTRUCTION BRIEF Tutorial: Hearing: Courtroom: Judge: October 15, 2003, 2 p.m. October 22, 2003, 2 p.m. 2, 17th Floor Hon. Jeffrey S. White

317397.02

DECLARATION OF MICHAEL S. KWUN IN SUPPORT OF RESPONSIVE CLAIM CONSTRUCTION BRIEF CASE NO. C 02-01991 JSW (EDL) Dockets.Justia.com

Case 3:02-cv-01991-JSW

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I, Michael S. Kwun, declare as follows: 1. I am an associate at the law firm of Keker & Van Nest, LLP, counsel of record for

Google Technology Inc. ("Google") in the above-captioned matter. I make this declaration in support of Google's Responsive Claim Construction Brief. I make the following declaration based upon my personal knowledge, and could testify thereto under oath if called upon to do so. 2. The Exhibits attached hereto Bates-stamped with "OVG" numbers are documents

produced by Overture in discovery in this action. 3. The Exhibits attached hereto Bates-stamped with "GOG" numbers are documents

produced by Overture in discovery in this action. 4. The Exhibits attached hereto that are not Bates-stamped are documents identified

by the parties during the claim construction proceedings in this action. 5. Attached hereto as Exhibit 1 is a true and correct copy of an article from C/Net

News.com entitled, "Engine sells results, draws fire," dated June 21, 1996 (OVG 1371-72). 6. Attached hereto as Exhibit 2 is a true and correct copy of an article from C/Net

News.com entitled, "New ad model charges by the click," dated April 29, 1996 (OVG 1216-17). 7. Attached hereto as Exhibit 3 is a true and correct copy of an article from

Electronic Advertising & Marketplace Report entitled, "New Service Puts Auction, Search Engine Under One Roof," dated April 28, 1998, Vol. 12 Issue 8 (OVG 1124-25). 8. Attached hereto as Exhibit 4 is a true and correct copy of excerpts from The

American Heritage Dictionary of the English Language, 4th edition, 2000 (GOG 032273-77). 9. Attached hereto as Exhibit 5 is a true and correct copy of excerpts from The New

Oxford English Dictionary 1998. 10. Attached hereto as Exhibit 6 is a true and correct copy of an article from the

website SearchEngineOptimism.com entitled, "Google Adwords and Overture" (GOG 32242250), as printed out on a date between March and June 2003. The URL is: http://searchengineoptimism.com/SEO_Tutorial/google_adwords_overture.html, as noted in the footer of the document. 11. Attached hereto as Exhibit 7 is a true and correct copy of excerpts from The 2

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DECLARATION OF MICHAEL S. KWUN IN SUPPORT OF REPLY CASE NO. C 02-01991 CRB (EDL)

Case 3:02-cv-01991-JSW

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Random House Dictionary of the English Language 2nd edition, Unabridged, 1987. 12. Attached hereto as Exhibit 8 is a true and correct copy of excerpts from Webster's

New World College Dictionary 3rd edition, 1997. 13. Attached hereto as Exhibit 9 is a true and correct copy of excerpts from Merriam-

Websters's Collegiate Dictionary 10th edition, 1995. 14. Attached hereto as Exhibit 10 is a true and correct copy of excerpts from The

New Oxford English Dictionary 1998. 15. Attached hereto as Exhibit 11 is a true and correct copy of excerpts from the

microfiche that was submitted as an appendix to Patent Application No. 09/322,677. 16. Attached hereto as Exhibit 12 is a true and correct copy of the Notice of

Allowability dated March 23,2001 regarding Patent Application No. 09/322,677 (GOG 3182428). 17. Attached hereto as Exhibit 13 is a true and correct copy of United States Patent

Application No. US 2003/0101126A1, May 29, 2003, Cheung et al. (GOG 32207-224). 18. Attached hereto as Exhibit 14 is a true and correct copy of an article from the

website SearchEnginesInfo.com entitled, "Pros and Cons of Overture's Auto Bidding," as printed out on a date between March and June 2003 (GOG 32256). The URL for this article is: http://searchenginesinfo.com/microsites/newsarticle.asp?mode=print&newsarticleid=1700889&r eleaseid=&srid=11271&magazineid=151&siteid=2, as noted in the footer of the document. 19. Attached hereto as Exhibit 15 is a true and correct copy of an article from the

website SearchEngines.com entitled, "Pay-per-click search engines," as printed out on a date between March and June 2003 (GOG 32254-55). The URL for this article is: http://www.searchengines.com/pay_per_click.html, as noted in the footer of the document. 20. Attached hereto as Exhibit 16 is a true and correct copy of an article from the

website TundraWolfPromotions.com entitled, "InfoSpace Adds Google's Award-Winning Search Results to its Industry-Leading Meta-Search Technology," as printed out on a date between March and June 2003 (GOG 32230-33). The URL for this article is: http://www.tundrawolfpromotions.com/news.htm, as noted in the footer of the document. 3

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DECLARATION OF MICHAEL S. KWUN IN SUPPORT OF REPLY CASE NO. C 02-01991 CRB (EDL)

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21.

Attached hereto as Exhibit 17 is a true and correct copy of instructions from the

eBay.com website on "How to Bid," as printed out on a date between March and June 2003. (GOG 03225-27) The URL is: http://www.pages.ebay.com/new/bid.html, as noted in the footer of the document. 22. Attached hereto as Exhibit 18 is a true and correct copy of excerpts from The

Random House Dictionary of the English Language 2nd edition, Unabridged, 1987. 23. Attached hereto as Exhibit 19 is a true and correct copy of excerpts from

Webster's New World College Dictionary 3rd edition, 1997. 24. Attached hereto as Exhibit 20 is a true and correct copy of an article from C/Net

News.com entitled, "New search engine goes commercial," dated February 18,1998 (OVG 122223). 25. Attached hereto as Exhibit 21 is a true and correct copy of an article from ZDNet

News and Views entitled, "Searching For The Highest Bidder," dated February 19, 1998 (OVG 1226-27). 26. Attached hereto as Exhibit 22 is a true and correct copy of an article from

OCWeekly.com entitled, "GoTo.Hell," dated March 13,1998 (OVG 1232-34). 27. Attached hereto as Exhibit 23 is a true and correct copy of an article from the

Search Engine Report entitled, "Go To Sells Positions," dated March 5, 1998 (OVG 1366-70). 28. Attached hereto as Exhibit 24 is a true and correct copy of excerpts from the

textbook An Introduction to Database Systems, 3rd edition, 1981 (GOG 32264-69). 29. Attached hereto as Exhibit 25 is a true and correct copy of excerpts from the

Chambers and Technology Dictionary 1988 (GOG 32270-72). 30. Attached hereto as Exhibit 26 is a true and correct copy of excerpts from the

textbook Fundamentals of Database Systems 1989. 31. Attached hereto as Exhibit 27 is a true and correct copy of excerpts from The

New Oxford English Dictionary 1998. 32. Attached hereto as Exhibit 28 is a true and correct copy of excerpts from

Webster's New World College Dictionary 3rd edition, 1997. 4

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DECLARATION OF MICHAEL S. KWUN IN SUPPORT OF REPLY CASE NO. C 02-01991 CRB (EDL)

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33.

Attached hereto as Exhibit 29 is a true and correct copy of a page from the on-line

edition of the Merriam-Webster Unabridged Dictionary 2003. I declare under penalty of perjury that the foregoing is true and correct. Executed on this 22nd day of August 2003 at San Francisco, California.

/s/ Michael S. Kwun MICHAEL S. KWUN

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317397.02

DECLARATION OF MICHAEL S. KWUN IN SUPPORT OF REPLY CASE NO. C 02-01991 CRB (EDL)