Digital Envoy Inc., v. Google Inc.,

Filing 120

Digital Envoy Inc., v. Google Inc.,

Doc. 120

Case 5:04-cv-01497-RS

Document 120

Filed 03/16/2005

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DAVID H. KRAMER, State Bar No. 168452 ([e-mail]) STEPHEN C. HOLMES, State Bar No. 200727 ([e-mail]) WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: [phone] Facsimile: [phone] 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.

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CASE NO.: C 04 01497 RS DECLARATION OF DAVID H. KRAMER IN SUPPORT OF GOOGLE INC.'S MISCELLANEOUS ADMINISTRATIVE REQUEST TO FILE DOCUMENTS UNDER SEAL, PURSUANT LOCAL RULES 7-10(b) and 79-5 Judge: Courtroom: Date: Time: Hon. Richard Seeborg 4, 5th Floor March 30, 2005 9:30 a.m.

DECL. ISO GOOGLE'S MISC. ADMIN. REQUEST TO FILE UNDER SEAL - CASE NO.: 04-01497 RS

C:\NrPortbl\PALIB1\DAG\2618477_1.DOC

Dockets.Justia.com

Case 5:04-cv-01497-RS

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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 partner of 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. I submit this declaration in support of Google's Miscellaneous Administrative

Request to File Under Seal, Pursuant to Local Rules 7-10(b) and 79-5, the Confidential version of Google Inc.'s Reply in Support of Its Motion for Summary Judgment, and Exhibits P, Q, R and S to the Supplemental Declaration of David H. Kramer In Support of Google Inc.'s Motion for Summary Judgment ("Supplemental Kramer Declaration"). 3. The confidential unredacted version of Google Inc.'s Reply in Support of its

Motion for Summary Judgment contains an excerpt from a document produced in this litigation by plaintiff and counterdefendant Digital Envoy, Inc. ("Digital Envoy") and designated as "Highly Confidential ­ Attorneys' Eyes Only" under the terms of the Court's August 23, 2004 Stipulation and Protective Order Regarding Confidentiality ("Protective Order"). 4. The documents attached as Exhibits P, R and S to the Supplemental Kramer

Declaration were produced in this litigation by plaintiff and counterdefendant Digital Envoy, Inc. ("Digital Envoy") and designated as "Confidential" and "Highly Confidential ­ Attorneys' Eyes Only" under the terms of the Court's August 23, 2004 Stipulation and Protective Order Regarding Confidentiality ("Protective Order"). 5. The document attached as Exhibit Q to the Supplemental Kramer Declaration was

produced by third party Advertising.com, Inc. in response to a subpoena issued by Google Inc. and designated as "Highly Confidential ­ Attorneys' Eyes Only" by Advertising.com pursuant to the Protective Order. 6. Without concurring in Digital Envoy or Advertising.com's views, in light of their

designations, Google requests an order permitting it to file and unredacted copy of its brief and Exhibits P, Q, R and S under seal.

DECL. ISO GOOGLE'S MISC. ADMIN. REQUEST TO FILE UNDER SEAL - CASE NO.: 04-01497 RS

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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

DECL. ISO GOOGLE'S MISC. ADMIN. REQUEST TO FILE UNDER SEAL - CASE NO.: 04-01497 RS

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