Oracle America, Inc. v. Google Inc.

Filing 1040

Declaration of David Zimmer in Support of #1039 Administrative Motion to File Under Seal Portions of Google's Opposition to Oracle's Renewed Motion to Strike Portions of Dr. James Kearl's Expert Report filed byGoogle Inc.. (Related document(s) #1039 ) (Van Nest, Robert) (Filed on 5/1/2012)

1
2
3
4
5
6
7
8
9
10
11
12

KEKER & VAN NEST LLP
ROBERT A. VAN NEST - # 84065
[e-mail]
CHRISTA M. ANDERSON - # 184325
[e-mail]
DANIEL PURCELL - # 191424
[e-mail]
633 Battery Street
San Francisco, CA 94111-1809
Telephone:
415 391 5400
Facsimile:
415 397 7188

KING & SPALDING LLP
DONALD F. ZIMMER, JR. - #112279
[e-mail]
CHERYL A. SABNIS - #224323
[e-mail]
101 Second Street, Suite 2300
San Francisco, CA 94105
Tel: [phone]
Fax: [phone]

KING & SPALDING LLP
SCOTT T. WEINGAERTNER
(Pro Hac Vice)
[e-mail]
ROBERT F. PERRY
[e-mail]
BRUCE W. BABER (Pro Hac Vice)
1185 Avenue of the Americas
New York, NY 10036
Tel: [phone]
Fax: [phone]

IAN C. BALLON - #141819
[e-mail]
HEATHER MEEKER - #172148
[e-mail]
GREENBERG TRAURIG, LLP
1900 University Avenue
East Palo Alto, CA 94303
Tel: [phone]
Fax: [phone]

13
14

Attorneys for Defendant
GOOGLE INC.

15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA

17

SAN FRANCISCO DIVISION

18

ORACLE AMERICA, INC.,

19

Plaintiff,

20

v.

21

GOOGLE INC.,

22
23

Defendant.

Case No. 3:10-cv-03561 WHA
DECLARATION OF DAVID ZIMMER IN
SUPPORT OF ADMINISTRATIVE
MOTION TO SEAL PORTIONS OF
GOOGLE’S OPPOSITION TO ORACLE’S
RENEWED MOTION TO STRIKE
PORTIONS OF DR. JAMES KEARL’S
EXPERT REPORT
Dept.:
Judge:

Courtroom 8, 19th Floor
Hon. William Alsup

24
25
26
27
28
DECLARATION IN SUPPORT OF MOTION TO SEAL
Case No. 3:10-CV-03561 WHA
661318.01

1

I, DAVID ZIMMER, declare as follows:

2

1.

I am an associate with the law firm of Keker & Van Nest LLP, counsel to Google

3

Inc. (“Google”) in the present case. I submit this declaration in support of Google’s

4

Administrative Motion to Seal Portions of its Opposition to Oracle America, Inc.’s (“Oracle”)

5

Renewed Motion to Strike Portions of Dr. James Kearl’s Expert Report. I have knowledge of the

6

facts set forth herein, and if called to testify as a witness thereto could do so competently under

7

oath.

8

2.

The redacted portions of Google’s Opposition to Oracle’s Renewed Motion to

9

Strike Portions of Dr. James Kearl’s Expert Report expressly disclose or would allow others to

10

easily deduce Google’s sensitive, non-public financial data, such as costs, revenues, and profits,

11

as well as projected costs, revenues, and profits, associated with Android. It also contains

12

sensitive, non-public information about Google’s financial management practices and

13

methodologies. This includes the redacted material at: 1:1, 2:23-28, 3:1-2, and 3:20-28 of the

14

Opposition. Public release of this information would cause great and undue harm to Google.

15

3.

The redacted portions of Exhibit A of the Declaration of Daniel Purcell in Support

16

of Google’s Opposition to Oracle’s Renewed Motion to Strike Portions of Dr. James Kearl’s

17

Expert Report. Exhibit A contains excerpts from the deposition of Google executive Andy Rubin

18

regarding Android financial documentation and accounting procedures and contains sensitive,

19

non-public information about Google’s financial management practices and methodologies.

20

Public release of this information would cause great and undue harm to Google.

21
22

I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed at San Francisco, California on May 1, 2012.

23
24

By:

/s/ David Zimmer
DAVID ZIMMER

25
26
27
28
1

DECLARATION IN SUPPORT OF MOTION TO SEAL
Case No. 3:10-cv-03561 WHA
661318.01