Google Inc. v. American Blind & Wallpaper Factory, Inc.

Filing 166

Google Inc. v. American Blind & Wallpaper Factory, Inc.

Doc. 166

Case 5:03-cv-05340-JF

Document 166

Filed 08/16/2006

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KEKER & VAN NEST, LLP MICHAEL H. PAGE - #154913 MARK A. LEMLEY - #155830 KLAUS H. HAMM - #224905 AJAY S. KRISHNAN - #222476 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and Counter Defendant GOOGLE INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GOOGLE INC., a Delaware corporation, Plaintiff, v. AMERICAN BLIND & WALLPAPER FACTORY, INC., a Delaware corporation d/b/a decoratetoday.com, Inc., and DOES 1100, inclusive, Defendants. AMERICAN BLIND & WALLPAPER FACTORY, INC., a Delaware corporation d/b/a decoratetoday.com, Inc., Counter Plaintiff, v. GOOGLE INC., AMERICA ONLINE, INC., NETSCAPE COMMUNICATIONS CORPORATION, COMPUSERVE INTERACTIVE SERVICES, INC., ASK JEEVES, INC. and EARTHLINK, INC., Counter Defendant/ Third-Party Defendants.

Case No. C 03-5340-JF (RS) DECLARATION OF KLAUS H. HAMM IN SUPPORT OF GOOGLE'S MOTION FOR ADMINISTRATIVE RELIEF SEEKING AN ORDER SEALING DOCUMENTS Date: Time: Dept: Judge: September 6, 2006 9:30 am 4 Hon. Richard Seeborg November 26, 2003

Date Comp. Filed:

Trial Date: May 15, 2007

378924.01

DECLARATION OF KLAUS H. HAMM IN SUPPORT OF GOOGLE'S MOTION FOR ADMINISTRATIVE RELIEF SEEKING AND ORDER SEALING DOCUMENTS CASE NO. C 03-5340-JF (RS)

Dockets.Justia.com

Case 5:03-cv-05340-JF

Document 166

Filed 08/16/2006

Page 2 of 2

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I, Klaus H. Hamm, declare as follows: 1. I am associated with the firm of Keker & Van Nest LLP, counsel for Plaintiff

Google Inc., and am admitted to practice before this Court. 2. I make this declaration in support of Google's Motion For Administrative Relief Seeking An Order Sealing Documents. Unless otherwise stated, I know the facts stated herein of my personal knowledge and if called as a witness, I would testify competently thereto. 3. During the course of this litigation, Google Inc. ("Google") and American Blind and Wallpaper Factory, Inc. ("American Blind") produced documents containing confidential business information. These documents were designated "CONFIDENTIAL-ATTORNEYS' EYES ONLY" and "CONFIDENTIAL" pursuant to the Stipulated Protective Order signed by all parties to this litigation and approved by the Court on September 19, 2005 ("Protective Order"). A true and correct copy of these documents are attached as Exhibits Q, V and W to the Declaration of Klaus H. Hamm in Support of Google's Opposition to American Blind & Wallpaper Factory, Inc.'s Motion to Compel Google to Respond to Discovery Timely Served Given the Current Cutoff Date of August 26, 2006 filed concurrently herewith. 4. Google also has designated portions of the deposition testimony of Prashant Fuloria quoted in Google's Opposition to American Blind & Wallpaper Factory, Inc.'s Motion to Compel Google to Respond to Discovery Timely Served Given the Current Cutoff Date of August 26, 2006 as "CONFIDENTIAL-ATTORNEYS' EYES ONLY" pursuant to the Stipulated Protective Order. I state under penalty of perjury of the laws of the United States of American that the foregoing statements are true and correct and that this declaration was executed on August 16, 2006.

/s/ Klaus H. Hamm KLAUS H. HAMM

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378924.01

DECLARATION OF KLAUS H. HAMM IN SUPPORT OF GOOGLE'S MOTION FOR ADMINISTRATIVE RELIEF SEEKING AND ORDER SEALING DOCUMENTS CASE NO. C 03-5340-JF (RS)