Oracle America, Inc. v. Google Inc.

Filing 187

Declaration of Scott T. Weingaertner (Supplemental) in Support of Google, Inc.'s #170 Administrative Motion to File Under Seal filed by Google Inc.. (Sabnis, Cheryl) (Filed on 6/24/2011) Modified on 6/27/2011 (wsn, COURT STAFF).

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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]

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]

ROBERT A. VAN NEST - #84065
[e-mail]
CHRISTA M. ANDERSON - #184325
[e-mail]
KEKER & VAN NEST LLP
710 Sansome Street
San Francisco, CA 94111-1704
Telephone: [phone]
Facsimile: [phone]

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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19 ORACLE AMERICA, INC.

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

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Honorable Judge William Alsup

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Plaintiff,
v.

22 GOOGLE INC.
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Defendant.

SUPPLEMENTAL DECLARATION OF
SCOTT T. WEINGAERTNER IN
SUPPORT OF DEFENDANT GOOGLE
INC.’S ADMINISTRATIVE MOTION TO
FILE UNDER SEAL (DKT. NO. 170)

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SUPPLEMENTAL DECLARATION OF SCOTT T. WEINGAERTNER IN SUPPORT OF
DEFENDANT GOOGLE INC.’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL (DKT. NO. 170)
CIVIL ACTION NO. CV 10-03561-WHA

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I, Scott T. Weingaertner, declare as follows:

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I am a partner in the law firm of King & Spalding LLP, counsel to Google Inc. in the

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present case. Pursuant to the Court’s Order Partially Granting Motion to File Documents Under

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Seal (Dkt. No. 186), I submit this supplemental declaration in support of Defendant Google

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Inc.’s Administrative Motion to File Under Seal (Dkt. No. 170). I make this declaration based

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on my own personal knowledge. If called as a witness, I could and would testify competently to

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the matters set forth herein.

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1.

Portions of Google Inc.’s Brief in Support of Daubert Motion (e.g., 5:8-17, 5:28-

6:1, 6:5-8, 6:10-17, 6:20-23, 13:24-28, 17:6-13, 18:22-23, 18:25-27, 19:4-9, 19:19, 19:22-20:2,

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20:12-15, 21:28-22:2, 22:16-21, 23:1-8, and 23:26-24:3) are to be filed under seal pursuant to the

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Order Approving Stipulated Protective Order Subject to Stated Conditions (Dkt. No. 68)

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governing this case because they contain information that has been designated Confidential or

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Highly Confidential - Attorneys’ Eyes Only by Oracle America, Inc. See Declaration of

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Matthew Sarboraria in Response to Google’s Administrative Motion to Seal (Dkt. No. 184), at

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¶ 13.

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2.

Portions of the Declaration of Gregory K. Leonard, Ph.D. (e.g., portions of ¶¶ 16

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and 20, and footnotes 2 and 3) are to be filed under seal pursuant to the Order Approving

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Stipulated Protective Order Subject to Stated Conditions (Dkt. No. 68) governing this case

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because they contain information that has been designated Confidential or Highly Confidential -

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Attorneys’ Eyes Only by Oracle America, Inc. See Declaration of Matthew Sarboraria in

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Response to Google’s Administrative Motion to Seal (Dkt. No. 184), at ¶ 13.

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3.

Portions of footnote 6 of the Declaration of Gregory K. Leonard, Ph.D. are to be

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filed under seal pursuant to the Order Approving Stipulated Protective Order Subject to Stated

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Conditions (Dkt. No. 68) governing this case because they contain the names of companies with

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which Google had technology partnership discussions. Disclosure of the identities of Google’s

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potential and actual business partners, which Google does not share publicly during the normal

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course of business, would cause great and undue harm to Google’s business.

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4.

Portions of footnotes 10 and 16 of the Declaration of Gregory K. Leonard, Ph.D.
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SUPPLEMENTAL DECLARATION OF SCOTT T. WEINGAERTNER IN SUPPORT OF
DEFENDANT GOOGLE INC.’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL (DKT. NO. 170)
CIVIL ACTION NO. CV 10-03561-WHA

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are to be filed under seal pursuant to the Order Approving Stipulated Protective Order Subject to

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Stated Conditions (Dkt. No. 68) governing this case because they contain references to Google’s

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internal proprietary metrics and statistics. Google considers its internal metrics to be highly

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confidential business information and does not disclose them to the public during the normal

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course of business. Disclosure of its internal proprietary metrics and statistics would cause great

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and undue harm to Google’s business.

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5.

Portions of ¶ 27 of the Declaration of Gregory K. Leonard, Ph.D. are to be filed

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under seal pursuant to the Order Approving Stipulated Protective Order Subject to Stated

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Conditions (Dkt. No. 68) governing this case because they contain per device revenue estimates

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11 of this highly sensitive financial information would cause great and undue harm to Google’s
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I declare under penalty of perjury that the foregoing facts are true and correct.

14 Executed on June 24, 2011 in New York, New York.
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/s/ Scott T. Weingaertner /s/
Scott T. Weingaertner

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I hereby attest that Scott T. Weingaertner concurs in the filing of this document.
/s/ Cheryl A. Sabnis /s/
Cheryl A. Sabnis

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SUPPLEMENTAL DECLARATION OF SCOTT T. WEINGAERTNER IN SUPPORT OF
DEFENDANT GOOGLE INC.’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL (DKT. NO. 170)
CIVIL ACTION NO. CV 10-03561-WHA