Oracle America, Inc. v. Google Inc.

Filing 1096

AFFIDAVIT Declaration of Rachel Claflin Regarding Google's Production of Android Financial Data in This Litigation by Google Inc.. (Van Nest, Robert) (Filed on 5/7/2012)

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ROBERT A. VAN NEST (SBN 84065)
[e-mail]
CHRISTA M. ANDERSON (SBN 184325)
[e-mail]
KEKER & VAN NEST LLP
633 Battery Street
San Francisco, CA 94111-1809
Telephone: [phone]
Facsimile: [phone]

SCOTT T. WEINGAERTNER (Pro Hac Vice)
[e-mail]
ROBERT F. PERRY
[e-mail]
BRUCE W. BABER (Pro Hac Vice)
[e-mail]
KING & SPALDING LLP
1185 Avenue of the Americas
New York, NY 10036-4003
Telephone: [phone]
Facsimile: [phone]

DONALD F. ZIMMER, JR. (SBN 112279)
[e-mail]
CHERYL A. SABNIS (SBN 224323)
[e-mail]
KING & SPALDING LLP
101 Second Street – Suite 2300
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]

IAN C. BALLON (SBN 141819)
[e-mail]
HEATHER MEEKER (SBN 172148)
[e-mail]
GREENBERG TRAURIG, LLP
1900 University Avenue
East Palo Alto, CA 94303
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
GOOGLE INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ORACLE AMERICA, INC.

Case No. 3:10-cv-03561-WHA

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Plaintiff,

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v.
GOOGLE INC.
Defendant.

Honorable Judge William Alsup
DECLARATION OF RACHEL CLAFLIN
REGARDING GOOGLE’S PRODUCTION
OF ANDROID FINANCIAL DATA IN
THIS LITIGATION

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DECLARATION OF RACHEL CLAFLIN

CIVIL ACT ION No. CV 10-03561

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I, Rachel Claflin, hereby declare and state as follows:

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1.

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I am a paralegal employed by Google Inc. I have personal knowledge of the facts

set forth in this declaration, and, if called to do so, I could and would competently testify thereto.
2.

I am the in-house Google paralegal assigned to this litigation. I was personally

involved with the search for, collection of, and production of financial and damages-related

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documents throughout the discovery phase of this litigation. In this litigation, I have had
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primary, general responsibility for overseeing the search for and collection of documents from
Google’s internal custodial and non-custodial repositories. Part of my responsibility on this case

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has been to ensure that potentially relevant documents from Google’s internal repositories are

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collected and forwarded directly to Google’s outside counsel or to Google’s document vendor so

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that the documents can be properly reviewed, processed and produced.

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3.

Many of the non-custodial financial and damages-related documents produced by

Google were collected from Google’s internal Android finance website, including the Android
P&Ls bearing production numbers GOOGLE-00303710 and GOOGLE-00395614, the Android

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OC Quarterly Reviews bearing production numbers GOOGLE-00303725 - 756, GOOGLE17
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00395727 - 758, GOOGLE-00303867 - 884, GOOGLE-00395188 - 205, GOOGLE-00395147 -

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170, and GOOGLE-00395207 - 248, the Android Financial Reviews bearing production numbers

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GOOGLE-0395669 - GOOGLE-0395682, GOOGLE-00395696 - GOOGLE-00395716,

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GOOGLE-00395717 - GOOGLE-00395726, and GOOGLE-00395683 - GOOGLE-00395695,

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and financial documents that include engineering and other expenses related to Android bearing

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production numbers GOOGLE-00395261 and GOOGLE-00396037. This internal Google

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website serves as a repository for Google’s Android-related financial information and includes,

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for example, copies of Android P&L statements, Android OC Quarterly Review presentations

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and Android Finance Review presentations. I understand that Google first produced content
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DECLARATION OF RACHEL CLAFLIN

CIVIL ACT ION No. CV 10-03561

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from this internal site on January 6, 2011 bearing production numbers GOOGLE-00303691 -

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921. I understand that Google again produced content from this internal site on April 5, 2011

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bearing production numbers GOOGLE-00395080 - 6318. The documents in these production

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ranges were collected from the Android finance website and forwarded to Google’s outside
document vendor for review by Google’s outside attorneys prior to their production.

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4.

On September 29, 2011, after the close of fact discovery, Google provided its

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outside counsel with an updated Android P&L that included actual revenue and cost information
through August 2011. This Android P&L was collected from Aditya Agarwal.
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I understand that on April 26, 2012, Google produced an Android P&L to Oracle

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bearing production numbers GOOGLE-00-00002800 - GOOGLE-00-00002806. I understand

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that this Android P&L was used as an exhibit, marked TX1079, during the videotaped deposition

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of Andrew Rubin, taken on April 27, 2012, and that this Android P&L was discussed during an

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oral argument before this Court on May 3, 2012. See Exhibit A to the Declaration of Christopher

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C. Carnaval Regarding Google’s Production of Android Financial Data in this Litigation, filed

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herewith. This Android P&L was collected from Aditya Agarwal.
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6.

In addition to Google’s collection of non-custodial financial documents related to

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Android, Google also collected custodial records related to Android from specified custodians.

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After collecting these custodial documents, Google forwarded them to its outside document

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vendor for processing, attorney review and production.

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I declare under penalty of perjury under the laws of the United States of America that the

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foregoing is true and correct and that this declaration was executed this 7th day of May, 2012, in

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Mountain View, California.

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Dated: May 7, 2012
/s/ Rachel Claflin

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Rachel Claflin

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DECLARATION OF RACHEL CLAFLIN

CIVIL ACT ION No. CV 10-03561