Digital Envoy Inc., v. Google Inc.,

Filing 295

Declaration of Robert J. Waddell in Support of 294 Memorandum in Opposition, filed byDigital Envoy,Inc.,. (Attachments: # 1 Exhibit A# 2 Errata B# 3 Exhibit C# 4 Errata D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N)(Related document(s)294) (Blackman, Brian) (Filed on 9/1/2005)

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Digital Envoy Inc., v. Google Inc., Doc. 295 Case 5:04-cv-01497-RS Document 295 Filed 09/01/2005 Page 1 of 4 1 P. CRAIG CARDON, Cal. Bar No. 168646 BRIAN R. BLACKMAN, Cal. Bar No. 196996 2 KENDALL M. BURTON, Cal. Bar No. 228720 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 3 Four Embarcadero Center, 17th Floor San Francisco, California 94111-4106 4 Telephone: 415-434-9100 Facsimile: 415-434-3947 5 6 TIMOTHY H. KRATZ (Admitted Pro Hac Vice) LUKE ANDERSON (Admitted Pro Hac Vice) 7 MCGUIRE WOODS, L.L.P 1170 Peachtree Street, N.E., Suite 2100 8 Atlanta, Georgia 30309 Telephone: 404.443.5500 9 Facsimile: 404.443.5751 10 Attorneys for DIGITAL ENVOY, INC. 11 12 13 14 DIGITAL ENVOY, INC., 15 16 v. Plaintiff/Counter defendant, DECLARATION OF ROBERT J. WADDELL, JR., IN SUPPORT OF DIGITAL ENVOY, INC.'S OPPOSITION TO GOOGLE'S MOTION FOR PARTIAL SUMMARY RE?: DAMAGE ISSUES Date: September 21, 2005 Time: 9:30 a.m. Courtroom: 4, 5th Floor The Honorable Richard Seeborg UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C 04 01497 RS 17 GOOGLE, INC., 18 19 20 21 22 23 24 25 26 27 28 Defendant/Counterclaimant. -1W02-SF:5BB\61467366.1 DECLARATION OF ROBERT J. WADDELL, JR., ISO OF OPPOSITION TO GOOGLE'S MTN. FOR PARTIAL SUMMARY JUDGMENT RE: DAMAGES Dockets.Justia.com Case 5:04-cv-01497-RS Document 295 Filed 09/01/2005 Page 2 of 4 1 2 I, Robert J. Waddell, Jr., declare as follows: 1. I am over twenty-one years of age and not under any legal disability. I have 3 personal knowledge of all facts set forth herein. I am an attorney at law, duly licensed to practice 4 in the State of Georgia. 5 2. Attached hereto as Exhibit A is a true and correct copy of excerpts taken from the 6 Deposition of Steven L. Schimmel, taken on September 23, 2004. The attached exhibits were 7 produced to Digital Envoy from Google's files. 8 3. Attached hereto as Exhibit B is a true and correct copy of excerpts taken from the 9 Deposition of Matthew D. Cutts, taken on September 1, 2004. The attached exhibits were 10 produced to Digital Envoy from Google's files. 11 4. Attached hereto as Exhibit C is a true and correct copy of a contract template, Bates 12 numbered GOOG 013885-013888, which was produced to Digital Envoy from Google's files. 13 5. Attached hereto as Exhibit D is a true and correct copy of the Local Search Part 3: 14 Google Gets Local With AdWords Internet page, which was downloaded and printed on July 6, 15 2005. The source for the site was: 16 <http://searchenginewatch.com/searchday/article/php/3099591> 17 6. Attached hereto as Exhibit E is a true and correct copy of the October 24, 2003 18 Google Beta Tests Regional AdWords Targeting Internet page, which was downloaded and printed 19 on September 1, 2005. The source for the site was: 20 <http://siliconvalley.internet.com/news/article.php/3098431> 21 7. Attached hereto as Exhibit F is a true and correct copy of the BellSouth's Alliance 22 with Google Connects RealPages.com Advertisers to Local Consumers Internet page, which was 23 downloaded and printed on September 1, 2005. The source for the site was: 24 <http://volokh.blogspot.com/2004/10/bellsouths-alliance-with-google.html> 25 8. Attached hereto as Exhibit G is a true and correct copy of the Google AdSense Case 26 Study: How Greenwich 2000 Ltd doubled ad revenue with Google AdSense Internet page, which 27 was downloaded and printed on August 31, 2005. The source for the site was: 28 <https://www.google.com/adsense/greenwich2000?hl=en_GB>. -2W02-SF:5BB\61467366.1 DECLARATION OF ROBERT J. WADDELL, JR., ISO OF OPPOSITION TO GOOGLE'S MTN. FOR PARTIAL SUMMARY JUDGMENT RE: DAMAGES Case 5:04-cv-01497-RS Document 295 Filed 09/01/2005 Page 3 of 4 1 9. Attached hereto as Exhibit H is a true and correct copy of the Google AdSense Tour 2 Internet page, which was downloaded and printed on September 1, 2005. The source for the site 3 was: <http://www.google.co.uk/services/adsense_tour/page4.html>. 4 10. Attached hereto as Exhibit I is a true and correct copy of the Google AdSense Case 5 Study: How Our-Hometown.com's local newspaper publishers profit from Google AdSense 6 Internet page, which was downloaded and printed on September 1, 2005. The source for the site 7 was: <www.google.com/adsense/ourhometown>. 8 11. Attached hereto as Exhibit J is a true and correct copy of the Google AdSense Case 9 Study: How WiFinder gets revenue it can count on through Google AdSense Internet page, which 10 was downloaded and printed on September 1, 2005. The source for the site was: 11 <http://www.google.com/adsense/wifinder>. 12 12. Attached hereto as Exhibit K is a true and correct copy of the Google AdWords: 13 Step-by-Step Internet page, which was downloaded and printed on August 31, 2005. The source 14 for the site was: <http://adwords.google.com/select/steps.html>. 15 13. Attached hereto as Exhibit L is a true and correct copy of the Google AdWords: 16 Optimisation Tips Internet page, which was downloaded and printed on August 31, 2005. The 17 source for the site was: <http://adwords.google.com/select/tips.html>. 18 14. Attached hereto as Exhibit M is a true and correct copy of excerpts taken from the 19 Deposition of Susan Wojcicki, taken on June 23, 2005. The attached exhibits were produced to 20 Digital Envoy from Google's files. 21 23 files. 24 I declare these things under penalty of perjury and under the laws of the United States of 15. Attached hereto as Exhibit N is a true and correct copy of financial information, 22 Bates numbered GOOG 013593 - 013600, which were produced to Digital Envoy from Google's 25 America. Executed on September 1, 2005. 26 27 28 -3W02-SF:5BB\61467366.1 DECLARATION OF ROBERT J. WADDELL, JR., ISO OF OPPOSITION TO GOOGLE'S MTN. FOR PARTIAL SUMMARY JUDGMENT RE: DAMAGES Robert J. Waddell Robert J. Waddell, Jr. Case 5:04-cv-01497-RS Document 295 Filed 09/01/2005 Page 4 of 4 1 2 CERTIFICATION I, Brian Blackman, am the ECF User whose identification and password are being used to 3 file this Declaration of Robert J. Waddell, Jr., in Support of Digital Envoy, Inc.'s Opposition to 4 Google's Motion For Partial Summary Judgment Re: Damage Issues. In compliance with General 5 Order 45.X.B., I hereby attest that Robert J. Waddell, Jr., has concurred in this filing. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W02-SF:5BB\61467366.1 DATED: September 1, 2005 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 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 1170 Peachtree Street, N.E., Suite 2100 Atlanta, Georgia 30309 Telephone: 404.443.5706 Facsimile: 404.443.5751 Attorneys for DIGITAL ENVOY, INC. -1- DECLARATION OF ROBERT J. WADDELL, JR., ISO OF OPPOSITION TO GOOGLE'S MTN. FOR PARTIAL SUMMARY JUDGMENT RE: DAMAGES

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