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

Filing 188

Attachment 4
Declaration of Ajay S. Krishnan In Support of Counter-Defendant Google Inc.'s Motion to Compel Counter-Plaintiff ABWF To Satisfy Outstanding Discovery Obligations filed byGoogle Inc., Google Inc.. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17 # 18 # 19)(Krishnan, Ajay) (Filed on 9/7/2006)

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Google Inc. v. American Blind & Wallpaper Factory, Inc. Doc. 188 Att. 4 Case 5:03-cv-05340-JF Document 188-5 Filed 09/07/2006 Page 1 of 9 . . ... '. ' '.. . . . .. . . ... 'Exhibit.. ........ . . ' ....... ...... ......',..;.... . . . .' '. :.' ". . . ..' .'.. ". .... '. . ......'... . . . . ~ . . '. .. ., '. ......,.." .. '. ,.. . .... ' ". . .... .:: : . ::....; ': . ,n. . '. .... . . .: . . :" . . '. ". . . .;:, .:. .'.: '.~ .. '.' ~.''.': . :: ..'. :':' .'. :..... ... : ': .. :.. ....... .':...... '. '. :. '.. -"..... "';"... . .. . '. ".. ...... : '. ... ~'. . . .'. . ..... "........ ....... .';....................... .:'. ...'.'.'..:'.. ...... . ....' ' . -...... .' '. '.' . . .' '. '. . .'. .. .... ",' . .......... .' '. ".. . . .... . . .' .. . . ". .' \.' . .'. .. . . . .' .. . .. .... . . .... . f. -.- . . .'.. - .. .. ... Dockets.Justia.com Case 5:03-cv-05340-JF Document 188-5 Filed 09/07/2006 Page 2 of 9 (. . . .. ~ 1. 2 3 Robert N. Phillps (SBN 120970) Ethan B. Andelman(SBN 209101) HOWRY SIMON AROLD & WHITE, LLP 525 Market Street, Suite 3600 San Fracisco, CA 94105 Telephone: '(415) 848-4900 Facsimie: (415) 848-4999 4 5 David A. Ramelt (Admitted Pro HacYice) 6 . Susan J. Greenspon (Admitted Pro Hac Vice) Dawn M. Beery (Admtted Pro Hac Vice) KELLEY DRYE & WARN LLP 333 West Wacker 7 8 Drve, Suite 2600 Chcago, IL 60606 Telephone: (312) 857-7070 Facsimile:, (312) 857-7095 9 Attorneys for Defendant/Counter-Plaitiff 10 11 12 ' AMERICAN BLIN AN WALLPAPER FACTORY, INC. UNTED STATES DISTRCT COURT 13 NORTHERN DISTRICT OF CALIFORN 14 15 GOOGLE INC., a Delaware corporation, Plaintiff, v. CASE NO. C 03-5340-JF (BAI) 16 . 17 AMRICAN BLIN & WALLPAPER FACTORY, INC.'S RESPONSES TO GOOGLE INC.'S SECOND SET OF REQUESTS FOR PRODUCTION OF l. 19 : AMRICAN BLIN AND W ALLP APER' FACTORY, INC., a Delaware corporation' d//a decoratetoday.com, Inc.; and DOES 1- 100, inclusive, . DOCUMNTS AN TIGS ,20 Defendants. . ., 21 . AMRICAN BLIN & W ALLP APER 22 . FACTORY, INC., a Delaware corporation d//a decoratetoday.com, Inc. . 23 .24 v. Counterclaimant, 25 GOGGLE INC., 26 27 28 . KELLEY DRYE &: WARREN LLP Counterdefendants. 33WESWACKDRE CHOI/PLATC/209903.1 SU 2600 CIICAGO,n. 60 Case 5:03-cv-05340-JF (. Document 188-5 Filed 09/07/2006 Page 3 of 9 J 1. NOW COMES Defendant/Counter-Plaintiff, AMRICAN BLIN & .W ALLP APER FACTORY, lNG, by and through its attorneys, KELLEY DRYE & WARN LLP ,and in response to Plaintiffs Second Set ofR.equests for Production of 2 3 Documents and 4 5 Things, states as follows: REQUEST FOR PRODUCTION NO.1: All DOCUMNTS RELATING TO analysis or quantification ofinternet trafc to . 6 7 8. 9 any AMRICAN BLIN DOMA NAM. RESPONSE: America: Blind objects to this request because it is vague. over 11 . . . 10 broad, and not reasonably calculated to lead to the discovery of relevant or admissible evidence. American Blind also objects to this request to the exteiit that it cals for the production of documents proteCted by the attorney client privilege or the att~mey work product doctrne: Subject to and without waiving these objections, American Blid states that it has produced aId 12 13 14 .. 15 . wil produce responsive~ocuments in it possession regarding the analN'ss or quantification of 16 internet traffic to any American Blind Domain Name. 17 18 19 REQUEST FOR PRODUCTION NO.2: All DOCUMENTS RELATING TO strategies and/or methods for increasing. internet traffc to any AMERICAN 20 21 BLIN WEBSITE. vague, over RESPONSE: American Blid objects to ths request because it is 22 23 broad and not reasonably calculated to lead to the discovery of relevant or admissible evidence. .Aerican Blid also objects to this request to the. extent that it calls for the production of documents protected by the attorney client privilege or the 24 25 attorney work product doctre. Subjecfto and without waiving these objections, American Blid states that it will produce any 26 responsive documents in its possession regarding strategies and/or methods for increasing internet 27 28 traffc to any Amercan Blind Website. 33WESTWAciDRJ CHOI/PLATC/209903.\ 5UJ26O C1ICAGO.:IT 6066 KELLEY DRYE .I . WARREN LLP - 2- .. ..',. . ......' ,. , ... ,. . , . .. ,~ ..... .. '. Case 5:03-cv-05340-JF Document 188-5 Filed 09/07/2006 Page 4 of 9 l' REQUEST FOR PRODUCTION NO.3: All DOCUMNTS RELATING TO strategi~s and/or methods for advertising with 2 3 searcn engies. RESPONSE: American Blind objects to ths request because it is vague, over " broad and not reasonably calculated to lead to the discovery of relevant or admssible evidence. . American Blind also objects to this request to the extent that it c.alls for the production of 4 5 6 7 8 documents protected by the attorney client privilege or the attorney work product doctre. . Subject tO.and without waiving these objections, American Blind states that it wil produceany 9 10 responsive documents'in its possession regarding strtegies and/or methods for advertsing with search engines. 11 12 . 13 All DOCUMNTS RELATING TO AMERICAN BLIN's valuation ofinterhet 14 trffc to any AMRICAN BLIN WEBSITE, includig but not lited AMRICAN BLIN's CLICKS. .. . REQUEST FOR PRODUCTION NO..4: d 15. valuation of 1.6.. .RESPONSE: American Blind objects to this request because it is overbroad, . unduly burdensome and not reasonably calculated to lead to the discovery of relevant or admssible evidence. American Blind also objects to 17 18 19 this request to the.extent that it calls for the production of documents protected by the attorney Client privilege or the attorney work product doctrne. Subject to aid without waiving these ,.20 21 22 23 objections, American Blind states that it wil ' produce any resonsive documents in its possession regarding valuation of-internet traffc to any of its websites. REQUEST FOR PRODUCTION NO.5: All DOCUMENTS RELATING TO each ani: every instance where AMERICAN 24 25 BLIN has set its maximum cost-per-click for each DISPUTED 'KEYWORD in GOOGLE's AdWords prograi. . 26 27 28 KELLEY DRYE &0 RESPo.NSE: American Blind objects to this request because it is over broad, WARREN LLP 333 WES W ACl DRIE CHOI tPLA TC/209903J SUlE2600 CHICAGO,IL 6006. -3- Case 5:03-cv-05340-JF 4 '. Document 188-5 Filed 09/07/2006 Page 5 of 9 1 unduly burdensome and not reasonably calculated to lead to the discovery of relevant. or 2 3 admssible evidence. American Blind also objects to this request to the extent that it calls for the production of documen~ protected by the attorney client pnvilege or the attorney work product. doctre. Subject to and without waiving these objections, American Blind sttes that it 4 -5 has . produced and wil produce responsive,.documents in its possession regarding American Blid's maximum cost-per-click for each disputed keyword in Google's AdWords program. 6 7 8 REQUEST FOR PRODUCTION NO.6: All DOCUMENTS RELATING TO each and every instace where AMRICAN 9 BLIN has set its maximum cost-per-click for each DISPUTED KEYWORD in any' Internet 10 11 search engie advertising program. ., ii 13 14' RESPONSE: American Blind objects to' this request because it is over broad, unduly burdensome and not reasonably calculated to lead to the discovery of relevant or admissible evidence. American Blind also objects to this request to the extnt that it calls for the production of documents protected by the attonieyclient privilege or the attorney work product . 15. doctre. Subjet to and without waiving these objections, American Blind states that it wil 16 produce any responsive documents in its possession regarding Amercan Blind's maximum cost17 per-click for each disputed keyword in any internet search engie advertising program. 1,8 19 REQUEST FOR PRODUCTION NO.7: All DOCUMNTS RELATING TO each 20 .21 and every instance where AMRICAN . BLlND has set its maximum daily budget for each of its advertising campaigns in GOOGLE's AdWords program that include any DISPUTED KEYWORD. RESPONSE: American Blind 22 ; 23 24 25 objects to this request because it is overbroad, relevant or unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Aierican Blind also objects to this request to the extent that it calls for the production of docments protected by the attorney client privilege or the attorney work product 26 27 28 KELLEY DRYE & WARREN LLP 33 WESW ACK DRIVE doctrine. Subject to aId without waiving these objections, American Blid states that it wi! produce any responsive documents in its possession regarding American Blid's maximum daily SUIT 26 CHOI/PLATCI09903.1 - 4- CIICAGO, lL 60606 Case 5:03-cv-05340-JF ~ Document 188-5 Filed 09/07/2006 Page 6 of 9 I' budget for each of its advertsing campaign in Google's AdWords program that include any 2 disputed keyword. 3 REQUEST FOR PRODUCTION NO.8: 4 All DOCUMNTS. RELATING TO AMRICAN BLIN's expenditues on -5 developirg and maintaning each AMERICAN BLIN WEBSITE. 6 RESPONSE: American Blind objects to this request because it is vague, over 7 broad, unduly burdensome and not reasonably calculated to lead to the discovery .of relevant or 8 admssible evidence. American Blid.also objects to ths request to the extent that it calls for the 9 production of documents protected by the attorney client priviege or the attorney work product 10 doctrne. Subject to and without waiving these objections, American Blid states that it has 11 produced and wil produce responsive documents in its possession regarding American Blid's 12 expenditues on developing and maintaing its websites. 13 14 15 REQUEST FOR PRODUCTiON NO.9: . All DOCUMNTS RELATlNG TO AMRICAN BLIN's retu on investment for search engie advertisiJg, including but not limited to advertsing with GOOGLE. 16 17 18 RESPONSE: American Blind objects to this request because it is .over broad, unduly burdensome and not reas.onably calculated to lead to the discovery of relevant or 19 admissible evidence. American Blind also objects to this request to the extent tht it calls for the production of documents protected by the attorney client privilege or the attorney wrk product doctre. Subject to and without waiving these objections, American B1id ,states that it wil produce any 20 21 22 23 responsive documents in its possession regarding American Blind's retu on investment for search engine advertising; including but not limited to advertising with Google. 24 25 REQUEST FOR PRODUCTION NO. 10: . All DocuMNTS RELATING TO AMRlCAN BLIN's use of the marks 26 "American Blind" or "American Blinds," as STAN-ALONE MAS, in connection with ., 27 AMRICAN BLIN's sale of products .or servces. 28 ;. 5 - KELLEY DRYE &: 33 WESW ACK DRE CHOI/PLA TC/209903.1 CIlcAGO, n. 6060 SUITE2610 WARRENLLP Case 5:03-cv-05340-JF .. .. .' t Document 188-5 Filed 09/07/2006 Page 7 of 9 1 RESPONSE: American Blid objects to ths request because it is vague, over' . 2 broad, and not reasonably calculated to lead to the discovery of relevant or admssible evidence. 3 American Blid alsoobj~cts to this request to the extent that it calls for the production of 4 documents protected by the attorney client privilege or the attorney work product doctre. 5 . Subject to and without waiving these objections, American Blind states that it has prpduced all . 6 responsive documents to this request. 7 REQUEST FOR PRODUCTION NO. 11: 8 All DOCUNTS RELATING TO AMRICAN BLIN's decisions to use 9 ww.decoratetoday.com as the destination to which most, ifnot all, AMRICAN BLIN 10 WEBSITES refer visitors. 11 RESPONSE: American Blind objects to ths request because it is vague, over 12 broad, and not reasonably calculated to lead to the discovery of relevant or admssihIe evidence. 13 Americ~ Blind also objects to this request to the extent that itcalls for the production of . 14. documeIits protected by the attorney client priviieg~ or the attorney work product doctre. '15 Subjecfto and without waiving these objections, American Blind states that it has produced and 16 wil produce responsive documents in it possession to this request. 17 l~ 19 REQUEST FOR PRODUCTION NO. 12: . All DOCUMENTS RELATING TO AMERICAN BLIND's decision to use the. 20 phiase ."American Blinds, Wallpaper & More" to refer to AMERICAN BLIN on the ~over of ,. .. 21 . some~ ifnot all, of AMRICAN BLIN's customer catalogs. 22 RESPONSE: American Blind objects to ths request because it is over bro~d, 23 unduly burdensome and not reasonably caicuiat~d to lead to the discovery of relevant or .. 24 admissible evidence. American Blind also objects to this request to the extent that it calls for the . 25 production of documents protected by the attorney client privilege or the attorney work product 26 doctre. Subject to and without waiving these objections, American Blind states that it has 27 prduced and wil produce responsive' documents in its possession regarding American B1Ids 28 decision to use the phrase "American Blinds, Wallpaper & More" to refer to American Blid on . KELLEY DRYE .I WARREN LLP 333 We5W ACKR DRIVE CHOI/PLA TC/209903.! SUIT 2600 ~ 6- CIICGO, IL 6006 Case 5:03-cv-05340-JF 'I Document 188-5 Filed 09/07/2006 Page 8 of 9 l' the cover of some, if not all, of American Blind's customer catalogs; see also, American Blind's 2 3 Answer to Google's Second Set of Interrog.atories, Interrogatory No.1. KELLEY DRYE & W ARRN-LLP 4 5 Dated: June 19,2006 6 7 :. avid A. Ramelt Susan J. Greenspon KELLEY 8 9. DRYR& WARN LLP 333 West Wacker Dive~ Suite 2600 Chcago, IL 60606 , . . 10 11 RobertN. Phillps Ethan B. 'Andelnan. HOWRY SIMON AROLD 8? WHITE, LLP Market Street, Suite 3600 525 San Francisco, CA 94105 Telephone: (415)'848-4900 Facsimile: (415) 84S-4999 12 1: 14. 15 16 Attorneys fur Defendant/Counter~ Plaitiff AMRICAN BLIN AN W ALLP MER FACTORY~ INC. 17 18 19 20 . 21 .22. 23 24 .25 26 27 28 333Wiw~t=DRivE CHOI/PLATC/Q9903.1 CHICAGO, IT 6006 . KELLEY DRYE &: WARREN LLP -7 - Case 5:03-cv-05340-JF .. .. '\,- . Document 188-5 Filed 09/07/2006 Page 9 of 9 ,, 1 2 3 PROOF OF SERVICE I am a citizen ofthe United States and a resident of the State of ilinois. I am employed in 4 5 Cook County, State ofllois, in the offce of a.member ofthe bar ofthis Cour, at whose direction the service was made. I am over the agy of eighteen years, and not a pary to the within action, My business address is 333 W. Wacker Drive, Suite 2600, Chicago,. IL 60606. On the date set fort beiow, I served the document(s) described below in the maner described below: 6 7 8 AMRICAN BLIND AND W ALLP APER FACTORY, INC.'S RESPONSES TO . PLAITIFF GOOGLE INC.'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMfNTS AN TmNGS 9 10 11 ' VI FACSIMLE and U.S. MAL . Michael H. Page Mark A. Lemley . Klaus H. Ham Ajay S~ Krshnan 12 13 Keker & Van Nest, LLP 71 0 Sansome Street San Francisco, CA 941.1 14 xx (BY FACSIMILE) I am personally and readily fa:ri1arwiththe business practice' .15 of Kelley Dre & Waren, LLP tor collection and processing of document(s) to be 16 17 transmitted by facsimile and I caused such document(s) on ths date to be transmtted by 18 19 facsirile to the offices of addressee(s) at the numbers listed below. (BY FEDERA EXPRESS) I am personally and readily famiJiar with the business of correspondence practice ofKelleyDrye & Waren,LLP for coUection and processing' for overnight delivery, and I caused such document(s) descrbed herein to be deposited for delivery to a facility regularly maitaed by Federal Express for overnght delivei.Y. consignng the document(s) to an authorized courer (BY MESSENGER SERVICE) by . and/or process server for hand delivery on this date. . 20 21 XX (BY U.S. MAIL) I am personally and readily familiar with the business practice of . Kelley Drye &, W aren,LLP for collection and processing of correspondence for mailig. . with the United States 22 .. 23 24 Carolie C. Plater 2S 26 27 28 ~~..'.' Executd on June 19,2006, at Chicago, Postal SerVce, and I caused suchenvelope(s) with postage.thereon fully prepaid to be placed in the United States Postal Servce at Chicago, ilinois. Illiois. . KELLEY DRYE &, WARREN LLP DRIE CHOI/PLATCI209903.1 333 WES WACK SUl2600 -8- C:aICA~, n. 6006

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