Digital Envoy Inc., v. Google Inc.,

Filing 147

DECLARATION of Timothy Kratz in Opposition to [128] Memorandum in Opposition,, [129] Memorandum in Opposition,, [130] Declaration in Support, [131] Declaration in Support, 146 MOTION for Extension of Time to Complete Discovery Pursuant to Fed. R. CIv. P. 56(f) Supplemental Declaration for Timothy Kratz in Opposition to Google's Two Motions for Summary Judgement and In Support of Digital Envoy's Motion Under Fed. R. Civ. P. 56 (f) filed byDigital Envoy,Inc.,. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15)(Related document(s)[128], [129], [130], [131], 146) (Blackman, Brian) (Filed on 5/2/2005)

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4 Case 5:04-cv-01497-RS Document 147 C Filed 05/02/2005 Page 1 of 4 P. CRAIG CARDON, Cal . Bar No. 168646 BRIAN R. BLACKMAN, Cal . Bar No . 196996 KENDALL M. BURTON, Cal . Bar No. 228720 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Four Embarcadero Center, 17th Floo r San Francisco, California 94111-4106 Telephone : 15-434-9100 Facsimile : 15-434-394 7 TIMOTHY H . KRATZ (Admitted Pro Hac Vice LUKE ANDERSON (Admitted Pro Hac Vice) MCGUIRE WOODS, L .L .P 1170 Peachtree Street, N.E., Suite 2100 Atlanta, Georgia 3030 9 Telephone : 404 .443 .5 5 00 Facsimile : 404.443 .575 1 Attorneys for DIGITAL ENVOY, INC . UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION DIGITAL ENVOY, INC ., Plaintiff/Counter defendant , V. ase No. C 04 01497 RS [FILED CONDITIONALLY UNDER SEAL] SUPPLEMENTAL DECLARATION OF TIMOTHY H . KRATZ IN OPPOSITION TO GOOGLE, INC .'S TWO MOTIONS FOR SUMMARY JUDGMENT AND IN SUPPORT OF DIGITAL ENVOY, INC .'S RULE 56(F) MOTION [ENCLOSED RECORD IS SUBJECT TO AN ADMINISTRATIVE REQUEST TO FILE UNDER SEAL ] GOOGLE, INC ., Defendant/Counterclaimant . 28 W02-SF : BA 1 \61452362 . 2 DECL . OF TIMOTHY H . KRATZ AGAINST GOOGLE'S SJM AND ISO RULE 56 MOTION . Case 5:04-cv-01497-RS Document 147 Filed 05/02/2005 Page 2 of 4 I, Timothy H . Kratz, declare as follows : 2 3 1. I am an attorney of law duly licensed to practice in the State of Georgia and admitted to practice before this court pro hac vice . I am a partner at the firm McGuireWoods LLP and attorney for the Plaintiff/Counterdefendant Digital Envoy, Inc . ("Digital Envoy") . I am over twenty-one years of ago and not under any disability . I have personal knowledge of all facts set forth herein . 2. Attached to this declaration as Exhibit 1 are true and correct copies of the following documents produced by Google, Inc . ("Google") in this litigation : GOOG 012533-012536; GOOG 012327-012328 ; GOOG 012687 - 012688 ; GOOG 012338 - 012339 ; GOOG 012315 012317 . 3. Attached to this declaration as Exhibit 2 is a true and correct excerpt from Google's Securities and Exchange Commission S-1 Registration . 4. Attached to this declaration as Exhibit 3 is a true and correct copy of a slide presented at www .Google .co m regarding Adwords . 5. Attached to this declaration at Exhibit 4 is a true and correct copy of a Google press release detailing Google's acquisition of Applied Semantics . 6. Attached to this declaration as Exhibit 5 is a true and correct copy of a www .Google .co m overview of the Adsense program . 7. Attached to this declaration as Exhibit 6 is a true and correct copy of an Advertising Services Agreement between Ask Jeeves, Inc . and Google. 8. Exhibit 4. 9. Exhibit 5 . 10. Attached to this declaration as Exhibit 9 is a true and correct excerpt from the Attached to this declaration as Exhibit 8 is a true and correct copy of Plaintiff's Attached to this declaration as Exhibit 7 is a true and correct copy of Plaintiff's Deposition of Steven L . Schimmel . 2W02-SF :5BA 1 \61452362 .2 DELL . OF TIMOTHY H . KRATZ AGAINST GOOGLE'S SJM AND ISO RULE 56 MOTION . rA Case 5:04-cv-01497-RS G Document 147 A p Filed 05/02/2005 f Page 3 of 4 a 11. ttached to this declaration as Exhibit 10 is a true and correct copy of an e-mail communication between me and counsel for Google regarding Digital Envoy's proposed Fed .R .Civ .P . 30(b)(6) deposition topics to Google . 12. article ttached to this declaration as Exhibit 11 is a true and correct copy of an news egarding oogle's dwords rogram ound t www .intemetnews-com/IAM/article .php/309843 1 13. Exhibit 21 . 14. ttached to this declaration as Exhibit 13 is a true and correct excerpt of the ttached to this declaration as Exhibit 12 is a true and correct copy of Plaintiff's deposition of Matthew Cutts . 15. ttached to this declaration as Exhibit 14 is true and correct excerpt of the deposition of Robert Friedman . 16. ttached to this declaration as Exhibit 15 is true and correct of Insertion Order between Google and Epinions . I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct . Executed on May 2, 2005 at Atlanta, Georgia . /s/ Timothy H. Kratz Timothy H. Kratz -3 W02-SF :5BA1 \61452362.2 DECL . OF TIMOTHY H . KRATZ AGAINST GOOGLE'S SJM AND ISO RULE 56 MOTION . 1 Case 5:04-cv-01497-RS Document 147 Filed 05/02/2005 Page 4 of 4 I CERTIFICATIO N 2 I, Brian Blackman, am the ECF User whose identification and password are being used to file this Declaration Of Timothy Kratz In Support Of Digital Envoy, Inc .'s Motion For Sanctions Against Google, Inc . In compliance with General Order 45 .X .B ., I hereby attest that Timothy H . Kratz has concurred in this filing . DATED : May 2, 2005 SHEPPARD, MULLIN, RICHTER & HAMPTON LL P By /s/ Brian Blackman P . CRAIG CARDON BRIAN R. BLACKMAN TIMOTHY H . KRATZ (Pro Hac Vice To Be Applied For) LUKE ANDERSON (Pro Hac Vice To Be Applied For) MCGUIRE WOODS, L .L .P 170 Peachtree Street, N .E ., Suite 2100 Atlanta, Georgia 30309 Telephone : 404 .443 .5 706 Facsimile : 404.443 .575 1 Attorneys for DIGITAL ENVOY, INC . W02-SF:5BA 1 \61452362 .2 DELL . OF TIMOTHY H . KRATZ AGAINST GOOGLE'S SJM AND ISO RULE 56 MOTION

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