Flowbee International, Inc. et al v. Google, Inc.

Filing 26

MOTION for Leave to File Reply Brief to Its Pending Motion to Dismiss by Google, Inc., filed. Motion Docket Date 10/26/2009. (Attachments: # 1 Exhibit A - Reply Memorandum of Law, # 2 Caruso Declaration, # 3 Hagan Declaration, # 4 Proposed Order)(Caruso, Margaret)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION FLOWBEE INTERNATIONAL, INC. and FLOWBEE HAIRCUTTER LIMITED PARTNERSHIP, Plaint iffs, v. GOOGLE INC., Defendant. § § § § § § § § § § §

Civil Action No. C-09-199

DEFENDANT GOOGLE INC'S AMENDED LIST OF PERSONS WITH RELEVANT KNOWLEDGE Google has identified persons likely to have discoverable information that Google may use to support its claims or defenses who Google presently believes are most knowledgeable about the listed subjects, but Google reserves its right to further supplement these disclosures as discovery progresses. Google employees or former employees, including those identified below, may be contacted only through Google counsel.

Name

Subjects

Defendant Google Inc.'s Amended List of Persons with Relevant Knowledge ­ Page 1

Heather Wilburn Rose Hagan Alana Karen Bill Lloyd Tracy Lee-Blumberg Prashanth Koppula Baris Gultekin Daniel Dulitz

Informat ion concerning the operation of Google's search engine and AdWords program. Informat ion concerning Google's U.S. trademark policies relating to its AdWords program. Informat ion concerning AdWords advertisers and advertisements and the implementation of the Google AdWords service. Information relating to the processing of complaints concerning use of trademarks in AdWords program advertising. Informat ion relating to Flowbee's advertising account. Informat ion concerning the operation of Google's AdSense for Domains program. Informat ion regarding the legacy functionality of the AdWords keyword tool. Informat ion relating to the functionality and appearance of "Sponsored Links," including nonprivileged consumer research relating thereto. Informat ion regarding the functionality of the AdWords keyword tool. Informat ion regarding the functionality of the AdWords program.

Edward Chiang Richard Holden

The above individuals may be contacted only through counsel at Quinn Emanuel Urquhart Oliver & Hedges, 555 Twin Dolphin Drive, Suite 560, Redwood Shores, California, 94065, [phone]. In addition, current or former employees and counsel of Plaintiffs' competitor, RoboCut Inc. are likely to have information relating to RoboCut's AdWords advertising, including the reasons for such advertising and applicable defenses to Flowbee's allegations of contributory and vicarious infringement against Google for actions of RoboCut. To the best of Google's knowledge, RoboCut's mailing address is P.O. Box 270130, Fort Collins, Colorado U.S.A.,

Defendant Google Inc.'s Amended List of Persons with Relevant Knowledge ­ Page 2

80527-0130, and its telephone number is [phone]. RoboCut's counsel of record in the 2004 litigation between Flowbee and RoboCut in the Northern District of California was Karl S. Kronenberger, 220 Montgomery Street, Suite 1920, San Francisco, CA 94101, telephone number [phone]. In addition, current or former employees and counsel of Flowbee International and Flowbee Haircutter Limited Partnership are likely to have discoverable information that Google may use to support its defenses, including information relating to preclusion, laches, and the statute of limitations. Flowbee's counsel of record in the 2004 litigation between Flowbee and RoboCut in the Northern District of California was Lawrence G. Townsend, 455 Market Street, 19th Floor, San Francisco, California 94105, telephone number [phone]. These disclosures do not include any expert witnesses who will be identified pursuant to Rule 26.

Defendant Google Inc.'s Amended List of Persons with Relevant Knowledge ­ Page 3

Respect fully submitted, s/ Margret M. Caruso MARGRET M. CARUSO (admitted pro hac vice) ATTORNEY-IN-CHARGE California State Bar No. 243473 Quinn Emanuel Urquhart Oliver & Hedges, LLP 555 Twin Dolphin Drive, Suite 560 Redwood Shores, California 94065 [phone] [phone] ­ Fax Email: [e-mail] CHARLES L. "CHIP" BABCOCK LEAD LOCAL COUNSEL Texas State Bar No. 01479500 Federal Bar No. 10982 JACKSON WALKER L.L.P. 1401 McKinney, Suite 1900 Houston, TX 77010-4008 [phone] [phone] - Fax Email: [e-mail] CARL C. BUTZER CO-LOCAL COUNSEL Texas State Bar No. 03545900 Federal Bar No. 16376 JACKSON WALKER L.L.P. 901 Main Street, Suite 6000 Dallas, Texas 75202 [phone] [phone] - Fax Email: [e-mail] ATTORNEYS FOR DEFENDANT GOOGLE INC.

Defendant Google Inc.'s Amended List of Persons with Relevant Knowledge ­ Page 4

CERTIFICATE OF SERVICE I hereby certify that on October 6th, 2009, I electronically submitted the foregoing document with the clerk of the court for the U.S. District Court, Southern District of Texas, using the electronic case files system of the court. The electronic case files system sent a "Notice of Electronic Filing" to individuals who have consented in writing to accept this Notice as service of this document by electronic means. All other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by first class mail today, October 6th, 2009.

s/ Margret M. Caruso________________. Margret M. Caruso

Defendant Google Inc.'s Amended List of Persons with Relevant Knowledge ­ Page 5