Digital Envoy Inc., v. Google Inc.,

Filing 174

Digital Envoy Inc., v. Google Inc.,

Doc. 174

Case 5:04-cv-01497-RS

Document 174

Filed 06/01/2005

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DAVID H. KRAMER, State Bar No. 168452 ([e-mail]) DAVID L. LANSKY, State Bar No. 199952 ([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 MICHAEL S. KWUN IN OPPOSITION TO DIGITAL ENVOY'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS NOS. 3, 14, 18, 19 AND 26 Judge: Courtroom: Date: Time: Hon. Richard Seeborg 4, 5th Floor June 22, 2005 9:30 a.m.

DECLARATION OF MICHAEL KWUN IN OPPOSITION TO DIGITAL ENVOY'S MOTION TO COMPEL - C 04 01497 RS

2665655_1.DOC

Dockets.Justia.com

Case 5:04-cv-01497-RS

Document 174

Filed 06/01/2005

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I, Michael S. Kwun, declare as follows: 1. I am an attorney at law duly licensed to practice in the State of California. I am litigation counsel at Google Inc. ("Google"), the defendant and counterclaimant in this action. One of my responsibilities is to oversee and coordinate Google's response to potential litigation threats. I have personal knowledge of the facts set forth herein and, if called as a witness, could and would testify competently thereto. 2. I was involved in discussions with Google employees concerning a dispute with Digital Envoy in early February 2004. Upon becoming involved in those discussions, I became concerned that, notwithstanding what I believed to be a baseless position, Digital Envoy was likely to commence litigation against Google. Accordingly, starting in early February 2004, my actions, directions and communications concerning the dispute with Digital Envoy were in anticipation of such litigation. 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 31, 2005, at Mountain View, California.

__/s/ Michael S. Kwun Michael S. Kwun

DECLARATION OF MICHAEL KWUN IN OPPOSITION TO DIGITAL ENVOY'S MOTION TO COMPEL - C 04 01497 RS

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Case 5:04-cv-01497-RS

Document 174

Filed 06/01/2005

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DECLARATION OF MICHAEL KWUN IN OPPOSITION TO DIGITAL ENVOY'S MOTION TO COMPEL - C 04 01497 RS

CERTIFICATION I, David H. Kramer, am the ECF User whose identification and password are being used to file the Declaration of Michael Kwun in Opposition to Digital Envoy's Motion to Compel. In compliance with General Order 45.X.B, I hereby attest that Michael Kwun has concurred in this filing.

DATED: June 1, 2005

WILSON SONSINI GOODRICH & ROSATI Professional Corporation

By: /s/ David H. Kramer David H. Kramer Attorneys for Defendant / Counterclaimant GOOGLE INC.

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