Digital Envoy Inc., v. Google Inc.,

Filing 332

Digital Envoy Inc., v. Google Inc.,

Doc. 332

Case 5:04-cv-01497-RS

Document 332

Filed 10/05/2005

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: [phone] 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: [phone] Facsimile: 404.443.5751

10 Attorneys for DIGITAL ENVOY, INC. 11 12 13 14 DIGITAL ENVOY, INC., 15 16
v. Plaintiff/Counter defendant, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C 04 01497 RS REDACTED EXHIBITS DECLARATION OF ROBERT J. WADDELL, JR. IN SUPPORT OF DIGITAL ENVOY'S SUPPLEMENTAL BRIEF IN OPPOSITION TO GOOGLE INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING DIGITAL ENVOY, INC.'S DAMAGES CLAIMS The Honorable Richard Seeborg

17 GOOGLE, INC., 18 19 20 21 22 23 24 25 26 27 28
W02-SF:5BB\61471136.1

Defendant/Counterclaimant.

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WADDELL DEC. ISO SUPPLEMENT BRIEF IN OPPOSITION TO GOOGLE'S MOTION FOR PARTIAL SUMMARY JUDGMENT RE DAMAGES Dockets.Justia.com

Case 5:04-cv-01497-RS

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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, and admitted pro hac vice as an attorney for Plaintiff Digital Envoy, Inc. 5 in this case. 6
2. Attached hereto as Exhibit 1 is a true and correct copy of excerpts from the

7 transcript of the September 23, 2004 Deposition of Steven L. Schimmel. 8
3. Attached hereto as Exhibit 2 is a true and correct copy of excerpts from the

9 transcript of the November 17, 2004 Deposition of Robert B. Friedman. 10
4. Attached hereto as Exhibit 3 are true and correct copies of Exhibits 25 and 38 from

11 the September 23, 2004 Deposition of Steven L. Schimmel, which were authenticated therein by 12 Mr. Schimmel. These same documents were produced by Google Inc. from Google Inc.'s files in 13 response to discovery requests in this case as GOOG 09358 -09360 and GOOG 007124 -007135. 14
5. Attached hereto as Exhibit 4 is a true and correct copy of excerpts from the

15 transcript of the September 1, 2004 Deposition of Matthew D. Cutts. 16
6. Attached hereto as Exhibit 5 is a true and correct copy of Exhibit 49 from the

17 January 13, 2005 Deposition of Salar Kamangar, which was authenticated therein by Mr. 18 Kamangar. These same documents were produced by Google Inc. from Google Inc.'s files in 19 response to discovery requests in this case as GOOG 009696 - 009698. 20
7. Attached hereto as Exhibit 6 is a true and correct copy of excerpts from the

21 transcript of the November 16, 2004 Deposition of Kulpreet Rana. 22
8. Attached hereto as Exhibit 7 is a true and correct copy of excerpts from the

23 transcript of the January 13, 2005 Deposition of Salar Kamangar. 24
9. Attached hereto as Exhibit 8 is a true and correct copy of excerpts from the

25 transcript of the May 24, 2005 Deposition of Mark Rose. 26 27 28
W02-SF:5BB\6147113.1

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WADDELL DEC. ISO SUPPLEMENT BRIEF IN OPPOSITION TO GOOGLE'S MOTION FOR PARTIAL SUMMARY JUDGMENT RE DAMAGES

Case 5:04-cv-01497-RS

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I declare these things under penalty of perjury and under the laws of the United States.

2 Executed on October 5, 2005. 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
W02-SF:5BB\6147113.1

/s/ Robert J. Waddell, Jr. Robert J. Waddell, Jr.

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WADDELL DEC. ISO SUPPLEMENT BRIEF IN OPPOSITION TO GOOGLE'S MOTION FOR PARTIAL SUMMARY JUDGMENT RE DAMAGES

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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 Supplemental 4 Brief In Opposition to Google's Motion For Partial Summary Judgment Re: Damage Issues. In 5 compliance with General Order 45.X.B., I hereby attest that Robert J. Waddell, Jr., has concurred 6 in this filing. 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\6147113.1

DATED: October 5, 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: [phone] Facsimile: 404.443.5751 Attorneys for DIGITAL ENVOY, INC.

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WADDELL DEC. ISO SUPPLEMENT BRIEF IN OPPOSITION TO GOOGLE'S MOTION FOR PARTIAL SUMMARY JUDGMENT RE DAMAGES