Digital Envoy Inc., v. Google Inc.,

Filing 117

Declaration of David H. Kramer Supplemental Declaration of David H. Kramer in Support of Google's Motion for Summary Judgment filed byGoogle Inc.,, Google Inc.,. (Attachments: # 1 Exhibit N# 2 Exhibit O# 3 Exhibit P (Under Seal)# 4 Exhibit Q (Under Seal)# 5 Exhibit R (Under Seal)# 6 Exhibit S (Under Seal))(Kramer, David) (Filed on 3/16/2005)

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Digital Envoy Inc., v. Google Inc., Doc. 117 Case 5:04-cv-01497-RS Document 117 Filed 03/16/2005 Page 1 of 3 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 DAVID H. KRAMER, State Bar No. 168452 (dkramer@wsgr.com) STEPHEN C. HOLMES, State Bar No. 200727 (sholmes@wsgr.com) WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: (650) 493-9300 Facsimile: (650) 565-5100 Attorneys for Defendant/Counterclaimant Google Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION DIGITAL ENVOY, INC., Plaintiff/Counterdefendant, v. GOOGLE INC., Defendant/Counterclaimant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. C 04 01497 RS SUPPLEMENTAL DECLARATION OF DAVID H. KRAMER IN SUPPORT OF GOOGLE INC.'S MOTION FOR SUMMARY JUDGMENT Judge: Courtroom: Date: Time: Hon. Richard Seeborg 4, 5th Floor March 30, 2005 9:30 a.m. SUPPL. KRAMER DECL. ISO GOOGLE'S MOTION FOR SUMMARY JUDGMENT - C 04 01497 RS C:\NrPortbl\PALIB1\DAG\2618517_1.DOC Dockets.Justia.com Case 5:04-cv-01497-RS Document 117 Filed 03/16/2005 Page 2 of 3 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 I, David H. Kramer, declare as follows: 1. I am an attorney at law duly licensed to practice in the State of California and before this Court. I am a member at Wilson Sonsini Goodrich & Rosati, counsel for defendant and counterclaimant Google, Inc. ("Google"). I have personal knowledge of the facts set forth herein and, if called as a witness, could and would testify competently thereto. 2. Attached hereto as Exhibit N is a true and correct copy of Digital Envoy, Inc.'s Responses to Google, Inc.'s Second Set of Interrogatories, Interrogatory Nos. 5 and 6. 3. Attached hereto as Exhibit O is a true and correct copy of a Digital Envoy press release, dated December 11, 2000. This document was authenticated at the deposition of Rob Friedman during his deposition on November 17, 2004, and marked as Defendant's Exhibit 11. 4. Attached hereto as Exhibit P is a true and correct copy of the Product and Electronic Database Evaluation and License Agreement between 24/7 Media and Digital Envoy, Inc., entered into as of November 22, 2000. This document was authenticated by Rob Friedman during his deposition on November 17, 2004, and marked as Defendant's Exhibit 12. 5. Attached hereto as Exhibit Q is a true and correct copy of an email from Sanjay Parekh of Digital Envoy to Mike Polk of Advertising.com, dated June 26, 2003, attaching Digital Envoy marketing materials regarding Advertising.com's use of Digital Envoy's data in its online advertising network. The document was produced by Advertising.com in response to a subpoena issued by Google Inc. 6. Attached hereto as Exhibit R is a true and correct copy of the Electronic Database License Agreement between Advertising.com, Inc. and Digital Envoy, Inc., entered into as of March 10, 2000. This document was authenticated by Rob Friedman during his deposition on November 17, 2004, and marked as Defendant's Exhibit 13. 7. Attached hereto as Exhibit S is a true and correct copy of Digital Envoy Due Diligence Replay of Conversation, dated April 5, 2001, produced in this action by Digital Envoy at Bates numbers DE009243-DE009244. This document was authenticated by Rob Friedman during his deposition on November 17, 2004, and marked as Defendant's Exhibit 41. SUPPL. KRAMER DECL. ISO GOOGLE'S MOTION FOR SUMMARY JUDGMENT - C 04 01497 RS -1- C:\NrPortbl\PALIB1\DAG\2618517_1.DOC Case 5:04-cv-01497-RS Document 117 Filed 03/16/2005 Page 3 of 3 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 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on March 16, 2005, at Palo Alto, California. /s/ David H. Kramer David H. Kramer SUPPL. KRAMER DECL. ISO GOOGLE'S MOTION FOR SUMMARY JUDGMENT - C 04 01497 RS -2- C:\NrPortbl\PALIB1\DAG\2618517_1.DOC

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