Google Inc. v. Netlist, Inc.

Filing 39

Letter to Magistrate Judge Joseph C. Spero re Scheduling Deposition, from Christina D. Jordan, dated 07/21/09. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Jordan, Christina) (Filed on 7/21/2009) Modified on 7/22/2009 (jlm, COURT STAFF).

Download PDF
Case4:08-cv-04144-SBA Document37 Filed06/24/09 Page1 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Juanita Brooks (CA Bar No. 75934/brooks@fr.com) FISH & RICHARDSON P.C. 12390 El Camino Real San Diego, CA 92130 Telephone: (858) 678-5070 Facsimile: (858) 678-5099 David J. Miclean (CA Bar No. 115098/miclean@fr.com) Christina D. Jordan (CA Bar No. 245944/cjordan@fr.com) FISH & RICHARDSON P.C. 500 Arguello Street, Suite 500 Redwood City, CA 94063 Telephone: (650) 839-5070 Facsimile: (650) 839-5071 Attorneys for Plaintiff GOOGLE INC. James Pooley (CA Bar No. 58041/Jpooley@mofo.com) L. Scott Oliver (CA Bar No. 174824/soliver@mofo.com) Daniel A. Zlatnik (CA Bar No. 259690/dzlatnik@mofo.com) MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, CA 94304-1018 Telephone: (650) 813-5600 Facsimile: (650) 494-0792 Attorneys for Defendant NETLIST, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION GOOGLE INC., Plaintiff, v. NETLIST, INC., Defendant. Case No. 08-04144 SBA JOINT INSPECTION PROTOCOL AND [PROPOSED] ORDER 1 JOINT INSPECTION PROTOCOL AND [PROPOSED] ORDER Case No. 08-04144 SBA Case4:08-cv-04144-SBA Document37 Filed06/24/09 Page2 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS this Court granted Defendant Netlist, Inc.'s ("Netlist") request to inspect a functioning server of the type used in Plaintiff Google Inc.'s ("Google") data centers and utilizing the accused 4-rank FBDIMMs on an attorneys' eyes only basis, and directed the parties to meet and confer on the inspection protocol and submit a proposed order containing the agreed upon protocol to the Court; IT IS HEREBY THEREFORE STIPULATED by and between Google and Netlist, through their respective counsel of record, that Netlist's inspection of Google's server will adhere to the following inspection protocol. Netlist will perform the following steps in its inspection: 1. Obtain information about the server's platform, including: a. b. c. platform; 2. Obtain information about the FBDIMM, including: a. b. c. 3. AMB manufacturer and part number/revision number; Memory density, number of DRAMs per module, number of AMBs DRAM information (part number and organization); Memory controller hub information (vendor and model) for the platform; Number of DIMM sockets per board for the platform; BIOS information (manufacturer, version, and last update date) for the Use the provided serial console interface to verify that the memory reported by the system includes all four ranks of memory devices on the installed FBDIMMs; 4. Read and write to the AMB Registers outlined in the JEDEC FBDIMM AMB specification in order to: a. b. c. 5. Netlist will: 2 JOINT INSPECTION PROTOCOL AND [PROPOSED] ORDER Case No. 08-04144 SBA verify that on start-up the memory controller hub activates Mode C; verify system memory utilization; de-activate Mode C Observe power consumption by the FBDIMM installed on the server. To do this, Case4:08-cv-04144-SBA Document37 Filed06/24/09 Page3 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. a. unplug the power lines running to the server and to the memory modules, connect those power lines into an oscilloscope or voltmeter, and plug the output from the scope or voltmeter into the server or memory module; b. measure the voltage and/or current consumed by the FBDIMM produced by Google while the server operates in Mode C, and also while the server operates with Mode C deactivated; c. d. disconnect the FBDIMM produced by Google from the server; as above, measure the voltage and/or current consumed in Mode C and non- Mode C by commercially available FBDIMMs to be provided by Netlist; to do this, Netlist will disconnect the Google FBDIMM from the slot in which it is installed and install into the server commercially available FBDIMMs having each of the following configurations (rank/bit width): 2-rank/x4, 2-rank/x8, 4-rank/x4, 4-rank/x8; and e. return the server and FBDIMM to their original condition. Monitor thermal characteristics of the server while operating in Mode C and non- Mode C using an infrared thermometer; during this monitoring, Netlist will run a computationally intensive program (which Google may propose) to exercise the CPU and memory; 7. Photograph the server and the memory modules, including the memory controller hub and connections to the FBDIMMs, subject to the following conditions: a. the maximum number of photographs taken will be twenty (20), excluding those not retained because of poor quality; b. the photographs shall be designated Confidential Attorneys Eyes Only under the Protective Order; c. the Protective Order will be amended to include a provision specific to photographs similar to the current provisions applicable to source code and limiting to ten (10) the 3 JOINT INSPECTION PROTOCOL AND [PROPOSED] ORDER Case No. 08-04144 SBA Case4:08-cv-04144-SBA Document37 Filed06/24/09 Page4 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 total number of Netlist representatives who will be permitted to view or possess copies of the photographs; d. Netlist will maintain a log identifying the chain of custody for each photograph taken, including identifying where each photograph is stored, any individuals to whom it is transmitted, the date(s) of any such transmissions, and where each transmitted photograph is stored (e.g., personal computer of a named individual, directory on a shared server, etc.). IT IS FURTHER STIPULATED by and between Netlist and Google, through their counsel of record, as follows: 1. The server provided by Google will be functionally representative of servers using the allegedly infringing 4-rank FBDIMM memory modules in Google' s data centers, in that it will allow Netlist to operate the allegedly infringing 4-rank FBDIMM memory module in a manner functionally representative of the memory module as used in servers in Google' s data centers. 2. The server will have a command line interface allowing Netlist to read and write to the memory registers and verify the system memory available. 3. The inspection will take place at the offices of Fish & Richardson P.C., at 500 Arguello St., Suite 500, Redwood City, California 94063. Two Google representatives must be present at the inspection, including a legal representative and a technical representative, and the inspection will be videotaped. Netlist will be provided with a private break-out room. 4. Netlist will not conduct any inspection that poses, in part or in whole, a reasonable likelihood of damaging Google' s server or FBDIMM. 5. Netlist will provide model numbers of the commercially available FBDIMMs it intends to use in its inspection to Google as soon as possible, and no later than five (5) business days before the inspection. 6. In the event that technical information currently unknown to the parties renders the protocol detailed above technically unfeasible or unreasonably difficult, the parties agree to meet and confer in order to amend this agreement to appropriately address such difficulties. 4 JOINT INSPECTION PROTOCOL AND [PROPOSED] ORDER Case No. 08-04144 SBA Case4:08-cv-04144-SBA Document37 Filed06/24/09 Page5 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. The protocol detailed above delineates the outer limits of Netlist' s permissible inspection of Google' s server. Dated: June 24, 2009 MORRISON & FOERSTER LLP By: /s/ Daniel A. Zlatnik DANIEL A. ZLATNIK Attorneys for Defendant NETLIST, INC. Dated: June 24, 2009 FISH & RICHARDSON P.C. By: /s/ Christina D. Jordan CHRISTINA D. JORDAN Attorneys for Plaintiff GOOGLE INC. DECLARATION OF CONSENT Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from Daniel A. Zlatnik. Dated: June 24, 2009 FISH & RICHARDSON P.C. By: /s/ Christina D. Jordan Christina D. Jordan Attorneys for Plaintiff GOOGLE INC. 50659305.DOC 5 JOINT INSPECTION PROTOCOL AND [PROPOSED] ORDER Case No. 08-04144 SBA Case4:08-cv-04144-SBA Document37 Filed06/24/09 Page6 of 6 S DISTRICT TE C TA 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 50659305.DOC HONORABLE JOSEPH C. SPERO United States Magistrate Judge ER C N F D IS T IC T O R A 6 JOINT INSPECTION PROTOCOL AND [PROPOSED] ORDER Case No. 08-04144 SBA LI FO Judge Jo seph C. Spero R NIA 25 Dated: June _____, 2009 UNIT ED S 1 IT IS SO ORDERED. RT U O NO RT H

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?