Oracle America, Inc. v. Google Inc.

Filing 201

Declaration of Christopher Carnaval in Support of #192 Administrative Motion to File Under Seal PORTIONS OF OPPOSITION TO GOOGLES DAUBERT MOTION AND EXHIBITS filed byGoogle Inc.. (Related document(s) #192 ) (Purcell, Daniel) (Filed on 7/5/2011)

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KEKER & VAN NEST LLP
ROBERT A. VAN NEST - #84065
[e-mail]
CHRISTA M. ANDERSON - #184325
[e-mail]
DANIEL PURCELL - #191424
[e-mail]
710 Sansome Street
San Francisco, CA 94111-1704
Telephone: [phone]
Facsimile: [phone]

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

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

GREENBERG TRAURIG, LLP
IAN C. BALLON (SBN 141819)
[e-mail]
HEATHER MEEKER (SBN 172148)
[e-mail]
1900 University Avenue, Fifth Floor
East Palo Alto, CA 94303
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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Case No. 3:10-cv-03561 WHA

ORACLE AMERICA, INC.,

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Plaintiff,

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v.

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DECLARATION OF CHRISTOPHER
CARNAVAL IN RESPONSE TO ORACLE
AMERICA, INC.’S ADMINISTRATIVE
MOTION TO FILE UNDER SEAL

GOOGLE INC.,

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Defendant.

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DECLARATION OF CHRISTOPHER CARNAVAL IN RESPONSE TO
ORACLE AMERICA, INC.’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL
CASE NO. 3:10-cv-03561 WHA

568319.01
DMSLIBRARY01-16883953.1

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I, Christopher Carnaval, declare as follows:

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

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(“Google”) in the present case. I submit this declaration in response to Oracle America, Inc.’s

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Administrative Motion to File Under Seal (Dkt. No. 192). I make this declaration based on my

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

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matters set forth herein.

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1.

I have reviewed Oracle America, Inc.’s Opposition to Google’s Daubert Motion

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(Dkt. No. 191) and the Declaration of Fred Norton in Support of Oracle America, Inc.’s

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Opposition to Google’s Daubert Motion (“Norton Declaration”) (Dkt. No. 191-1.)

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2.

Google believes that Exhibits C, D, K and M, which Oracle America, Inc.

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(“Oracle”) attaches to the Norton Declaration, and the references to confidential portions of these

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materials currently redacted in Oracle’s Brief as set forth below should be filed under seal.

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These materials either are or reference materials properly designated Confidential or Highly

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Confidential - Attorneys’ Eyes Only pursuant to the Order Approving Stipulated Protective

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Order Subject to Stated Conditions entered in this case (Dkt. No. 68).

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3.

Exhibit C, and references to confidential portions of Exhibit C currently redacted

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in Oracle’s Brief (e.g., 2:5-:7, 9:8-:9, 14:23-:25), are to be filed under seal pursuant to the Order

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

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case because they refer to a highly confidential business deal review presentation intended for

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high-level Google executives. The presentation in Exhibit C discusses the proposed terms of a

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potential business deal and reveal a potential business strategy for Android. Disclosure of this

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information, which Google does not share publicly during the normal course of business, would

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cause great and undue harm to Google’s business.

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4.

Exhibit D, and references to confidential portions of Exhibit D currently redacted

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in Oracle’s Brief (e.g., 2:16-:17, 14:23-15:1, footnote 6), 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 or refer to highly sensitive information concerning

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internal discussions about licensing and business strategies for Android. Disclosure of Google’s
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568319.01

DECLARATION OF CHRISTOPHER CARNAVAL IN RESPONSE TO
ORACLE AMERICA, INC.’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL
CASE NO. 3:10-cv-03561 WHA

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highly sensitive licensing and business strategies, which Google does not share publicly during

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

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5.

Exhibit K, and references to confidential portions of Exhibit K currently redacted

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in Oracle’s Brief (e.g., 12:21-:24), 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 references to confidential business and licensing negotiations involving

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Google. Disclosure of information concerning its confidential business and licensing

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negotiations, which Google does not share publicly during the normal course of business, would

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cause great and undue harm to Google’s business.

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6.

Exhibit M, and references to confidential portions of Exhibit M currently redacted

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in Oracle’s Brief (e.g., 22:15-:17), 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 or refer to highly sensitive internal discussions concerning technical and

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business strategies for Android. Disclosure of information concerning highly sensitive technical

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and business strategies, which Google does not share publicly during the normal course of

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

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7.

Google believes that other currently redacted portions of Oracle’s Brief (e.g., 6:1,

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14:18-15:4, 22:11-:13), which refer to portions of the Expert Report of Dr. Iain M. Cockburn that

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are based on or reflect materials properly designated by Google as Confidential or Highly

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Confidential - Attorneys’ Eyes Only, should be filed under seal. These materials include highly

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sensitive financial information concerning Android, as well as highly sensitive discussions of

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technical, business, and licensing strategies concerning Android.

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8.

Google states no position as to whether disclosure of materials marked by Oracle

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as Confidential or Highly Confidential - Attorneys’ Eyes Only material would case harm to

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Oracle.

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9.

In conclusion, Google does not oppose Oracle’s Administrative Motion and

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submits herewith a proposed Order Sealing Google Inc.’s Confidential Information. Disclosure

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of this material would cause great and undue harm to Google’s business.
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568319.01

DECLARATION OF CHRISTOPHER CARNAVAL IN RESPONSE TO
ORACLE AMERICA, INC.’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL
CASE NO. 3:10-cv-03561 WHA

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I declare under penalty of perjury that the foregoing facts are true and correct.

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Executed on July 5, 2011 in New York, New York.

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/s/ Christopher Carnaval /s/
Christopher Carnaval

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568319.01

DECLARATION OF CHRISTOPHER CARNAVAL IN RESPONSE TO
ORACLE AMERICA, INC.’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL
CASE NO. 3:10-cv-03561 WHA