Digital Envoy Inc., v. Google Inc.,

Filing 373

Case 5:04-cv-01497-RS

Document 373-2

Filed 11/21/2005

Page 1 of 20

EXHIBIT A TO SUPPLEMENTAL DECLARATION OF ROBERT J. WADDELL, JR . IN SUPPORT OF DIGITAL ENVOY' S MOTION TO COMPEL

P Case 5:04-cv-01497-RS Document 373-2

-

C

Filed 11/21/2005

Page 2 of 20

I DAVID H . KRANIEP, State Bar No . 168452 STEPHEN C. HOL S, State Bar No . 20072 7 2 WILSON SONSINI GOODRICH & R SATI Professional Corporation 3 550 Page Mill Road Palo Alta, CA 94304-1050 4 Telephone : [phone] Facsimile : (650) 565-510 0
5

11 Attorneys for Defendant/Counterelairnant 5 Goggle Inc.
7

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
9 If

SAN JOSE DIVISION

I DIGITAL ENVOY, INC . ,
12

CASE NO . : C 04 01497 R S

Plaintiff/Counterdefendant ,
14

GOOCTLE INC .,
15

G OGEE ENC.' SUPPLEMENTAL AND ENDED RESPONSES TO DIGITAL. ENVOY'S FIRST SET OF DOCUMENT REQUESTS

Defendant/Counterclaimant .
16
17

ursuant to Rules 25 and 34 of the Federal Mules of Civil Procedure and the Civil Local
19

Rules of the Northern District, Defendant,JCounterclai ant Goggle Inc . ("Goggle") hereby
20

supplements and amends its previous responses to the first set of requests for production of documents s e
superseded .

d upon it by Plaintiff,'Counterdefendant Digital Envoy, Inc ., ..Nh1c are hereby

24
25 ipose

GENIE

OBJECTION S

Goggle oh ;ects to each request or interrogator= to the extent that it purports to an) equirement or discovery obligation on Goggle other thwi those set forth in the
26

Federal Rules of Civil Procedure and the applicable rules of" this COUrt,

C OOGLE: IN(,,. S SUPPLEMENTAL RESPONSES TO DIGITAL ENVOY's FIRST SET O F DOC UINIENT

1-

:',,vrl'a thh& AL1?311ST}tti >63 U , 1 .fW

o

6 5 4 3

C G

Case 5:04-cv-01497-RS

Document 373-2

Filed 11/21/2005

Page 3 of 20

Google objects to each request or interrogatory to the extent that it purports to 2 14 require Croogle to disclose information in violation of a legal or contractual obligation of nondisclosure to a third party . Google will not disclose such information without either the consent of the relevant third party or a court order compelling production .
. oogle makes these responses solely for the purposes of this aeon . Each

6 11 response is subject to all objections as to competence, relevance, inateriality, propriety an d 7 admissibility, and to all other objections o any grounds that would require the exclusion of an y statements if the request or interrogatory were asked of, or statements were shade by, a witnes s 9 11 testifying in court . Thus, Csoogle expressly reserves all applicable objections for trial .
0 . oogle intends no incidental or implied admissions by these responses . Google' s

ers or objections to any request or interrogatory should not be takers as an admission that ogle accepts or admit any "facts" set forth or assumed by that request or interrogatory .
13 Google's answer to part or all of any request or interrogatory is not a waiver by Google o any 1 bjections to that request or interrogatory .

15

.

oogle objects to all discovery= relating to any claimed trade secret of Digital

16 Envoy not identified with particularity to Google pursuant to C .C .P . 2019(4) . Google has 7 repeatedly requested such an identification, but Digital Envoy has still not yet provided a proper 8 identification. Under Section 2019(4), which is applicable in California federal and state courts , 19 Digital Envoy may not commence discovery= relating to its claimed trade secrets until it provides
20

Google with an adequate disclosure of its claimed trade secrets . Accordingly, any and al l

21 discovery relating to Digital Envoy's claimed trade secrets remains premature . Subject to and 22 without waiving the foregoing, Goole will respond to discovery relating to Digital Envoy's 23 claimed trade secrets to the extent possible givers Digital Envoy's lack of a proper 2019(d )
24

identification, but does not accept Digital Envoy's trade secret identification as valid o r
cie;nt .

?6
27

.

loogle objects to each and every request as unduly burdensome and not

reasonably related to the discovery- of admissible evidence to the extent that it calls for
information, documents and thi eated after Digital Envoy commenced these proceedings ,
GOOGL E IN'.'s SUPPLEMENTAL RESPONSES To iw ;ri-AL ENVOY'S FIRST SET OF DOCUMENT REIQUESTS

28 11

19 7

G T G Document 373-2 Filed 11/21/2005 Page 4 of 20

Case 5:04-cv-01497-RS

.

oogle objects to each and every request or interrogatory to the extent that it calls

2 11 for information, documents, and things protected from discovery by the attorney-client privilege , the attorney work product doctrine, or any other applicable privilege or immunity . To the extent
4

that Google produces documents in response to a request or interrogatory, Google will not produce any document protected by such privileges or immunities, and any inadvertent

6 1 production or disclosure shall not be deemed to constitute a waiver of any such privilege o r
7

8.

oogle's response that it will produce documents in response to a request o r

9 II interrogatory does not necessarily mean that responsive documents exist, but instead that Googl e produce documents if such documents are located . . he subject matter of these requests and interrogatories is under continuing

2 11 investigation . It is anticipated that further discovery, investigation and research may suppl y lditiotial facts or contentions, all of which may cause changes in or modification of the
14

ollowing responses . The following responses are given without prejudice to Google's right to

15 produce evidence of any subsequently discovered or recollected fact, and Google expressly 16 reserves the right to change or modify any of the following responses as additional facts are 17 ascertained, analyses are made, legal research is completed, or contentions are made . 8 0. oogle objects to each and every request as overbroad and unduly burdensome to

19 the extent that it calls for the production of "all" responsive documents . Google's responses are 20 based upon a reasonable and good faith search; given the time allocated to Goggle to respond to 21 the requests, of Google's facilities and files that could reasonably be expected to contai n 22 responsive information . Google will produce only those documents in its possession, custody, or 23 control that it is able to locate pursuant to a search and inquiry using reasonable diligence an d 24 judgment concerning the whereabouts of responsive documents . 5
26

1.

oogle olhjects to the requests on the grounds that the time and place specified fo r

production is unreasonable . To the extent that Google produces documents in response to th e

27 11 requests, Google will do so at a time and place utualty= agreed upon by the parties, and only a able time afte r Digital Envoy produces its documents. .
NC.'S SUPPLEMENTAL RESPONSd s TO 3LGrJAL, ENVOY'S FIRST SET OF DOCUMEN T
REQUES

-3-

E

II Document 373-2 Filed 11/21/2005 Page 5 of 20

Case 5:04-cv-01497-RS

Google incorporates by reference each and every general objection set forth above int o 2 11 each and every speci fic response . From time to time a speci fi c response may repeat a general objection for emphasis or some other reason . The failure to include any general objection in any 1 specific response shall not be interpreted as a waiver of any general objection to that response .
RESPONSES T C REQUESTS FOR PRODUCTION O DOCUMENTS ECU NT REQUEST NO . 1 :

All documents relating to the Agreement, including all documents relating to the dra 8 11 or negotiation of the Agreement.
9 0 RESPONSE TO DOCUMENT REQ

g

n addition to its genera l objections, Google objects to this request as it relates to Digital Envoy's claimed trade secrets which. Digital Envoy has not yet identified with particularity . Accordingly, pursuant to Section 2019(d) of the California Cade of Civil :procedure, Digital
nvoy

is not yet permitted to serve such discovery . Despite Digital Envoy's inadequate 2019(d)

14

disclosure, Cxoogle has and will. subject to and without waiving its general or specific objections or its right to snake farther specific objections upon service of an amended 2019(d) disclosure ,

b 11 generally produce non-privileged documents that directly refer to or directly discuss the draftin g
17 or :negotiation of the Agreement .

U EST NO . 2 : 9

I documents relating to communications relating to Google's and Digital Envoy' s

20 performance under the agreement . 21 RESPONSE TO DOCUMENT REQUEST NO . 2:

22

n addition to its general objections, Google objects to this request as it relates to Digita l
Envoy 's claimed trade secrets which Digital Envoy has not yet identi fi ed with particularity= .

24

Accordingly, pursuant to Section 2019(d) of the California Code of Civil Procedure, Digita l
Envoy

permitted to serve such discovery. Despite Digital Envoy' s inadequate 2019(d )

26 7

disclosure, Coogle has and will, subject to and without waiving its general or specific objections or its right to make further specific objections upon service of an amended 2019(d) disclosure ,

C>OOGLE: INC.'S ST"!'1 LUM E:NT.AL
R E Q11 E;,S"rs

RESPONSES "TO

DIGITAL EN'S O S FIRST SETOF DOCUMENT

e

A

Case 5:04-cv-01497-RS

Document 373-2

Filed 11/21/2005

Page 6 of 20

1 11 generally produce non-privileged documents that relate to communications relating to Google's 2 and Digital Envoy' s performance under the Agreement . JEST NO .. 3:
4J

All documents relating to Google's uses of Digital Envoy's technology, specificall y ing but not limited to documents relating to communication regarding the technology and

6 1 technical documents and design. c

elating to Google's implementation or use of the

7 Id technology for any purpose (including but not limited to Ad orris and AdSense) .

RESPONSE TO DOCUMENT REQUEST NO. 3 9 In addition to its general objections, Google objects to this request because it is overly 11 0 broad and unduly burdensome . Google further objects to this request to the extent it calls for

ation that is irrelevant and not reasonably calculated to lead to the discovery of admissibl e vidence . Specifically, the request seeks information concerning uses by Google of Digital Envoy's technology that Digital Envoy concedes are licensed and are thus not at issue in thi s
oogle objects to this request as it relates to Digital Envoy's claimed trad e

secrets which Digital Envoy has not yet identified with particularity . Ace

pursuant t

6 Section 2019(d) of the California Code of Civil Procedure, Digital Envoy is not yet permitted to 7 serve such discovery. Despite Digital Envoy's inadequate 2019(d) disclosure, subject to and 8 without waiving its general or specific objections or its right to make further specific objection s upon service of an amended 2019(d) disclosure, Google responds that it did not use Digita l 20 Envoy's technology, only Digital Envoy's data, and that Google has and will generally produce 21 non-privileged documents that directly refer to or directly relate to Goo e's use of Digita l 22 Envoy's data and documents constituting communications that refer to Digital Envoy's data.

24 11

ll documents relating to communications relating to any alleged breach of th e Agreement by either Coo RESPONSE TO DOCUMENT REQUEST NO . 4 : In addition to its general objections, Google objects to this request as vague insofar as Digital Envoy has not specifically identified the conduct by Google that it contends is a breach o f
NC ;.'S SUPPLEMENTAL RESPONSFS TO ItiVOY 5 FIWST SET of DOCUMENT

c

I A

Case 5:04-cv-01497-RS

Document 373-2

Filed 11/21/2005

Page 7 of 20

I

the Agreement . Goggle further objects to this request to the extent it calls for informatio n

2 relating to Digital Envoy's clairned'trade secrets which Digital Envoy has not yet identified with 3 particularity. Accordingly, pursuant to Section 2019(4) of the California Code of Civi l 4 Procedure, Digital Envoy is not yet permitted to serve such discovery . Despite Digital Envoy's 5 inadequate 2019(4) disclosure, subject to and without waiving its general or specific objections 6 or its right to male further specific objections upon service of an amended 2019(d) disclosure, 7 Goggle responds as follows,
8

With respect to documents relating to Digital Envoy's breach of the Agreement, th e

9 11 responsive documents largely consist of pleadings and correspondence filed in the parties' nowtransferred litigation in the Northern District of Georgia . Goggle objects to and will not reproduce those documents which are already readily available to Digital Envoy, Google will , 12 however, produce documents sufficient to show amounts expended by Goggle in defense of that 13 litigation, and is willing to meet and confer with Digital Envoy concerning other non-privileged 14 documents Digital Envoy believes it is entitled to receive regarding Google's breach of contract 15
16

la'n .
ROCUMENT REQUEST NO . 5 :

17

ll documents relating to Digital Envoy, including documents relating to communication

18 relating to Digital Envoy . 19 20 RESPONSE TO I 0CU NT REQUEST NO . 5 : n addition to its general objections, Goggle objects to this request to the extent it relates

21 to Digital Envoy's claimed trade secrets which Digital Envoy has not yet identified wit h 22 particularity . Pursuant to Section 2019(d) of the California Code of Civil Procedure, Digita l 23 :Envoy is not yet permitted to serve such discovery . Despite Digital Envoy's inadequate 2019(4)

24 disclosure, Goggle has and will, subject to and without waiving its general or specific objections 25 or its right to male fiirther specific objections upon service of an amended 2019(d) disclosure, 26 generally produce ion-privileged documents that directly refer to or directly discuss Digita l Envoy, and documents constituting communications with Digital Envoy .

NC:.'S SU PPt,k;MENTAL, RESP O NSES T O NT

-6-

A I

N

Case 5:04-cv-01497-RS

Document 373-2

Filed 11/21/2005

Page 8 of 20

DOCUMENT REQUEST NO . 6 : All documents relating to communication with Digital Envoy . SPO SE TO DOCUMENT REQUEST NO . 6 .4 n addition to its general objections, Google objects to this request to the extent it relates

5 to Digital Envoy's claimed trade secrets which Digital Envoy has not yet identified with 6 particularity . Pursuant to Section 2019(d) of the California Cade of Civil Procedure, Digita l 7 Envoy is not yet permitted to serve such discovery. Despite Digital Envoy's inadequate 2019(4) $ disclosure, Google has and will, subject to and without waiving its general or specific objections 9 or its right to make further specific objections upon service of an amended 2019(4) disclosure , 10 generally produce non-privileged documents that directly refer to or directly discuss Digital 11 Envoy, and documents constituting communications with Digital Envoy. 12 13 DOCUMENT EST NO. 7:

ll documents relating to communication leading to Google's decision to place

14 advertisements on its own web site(s) . 15 16 RESPONSE TO DOCUMENT MUEST NO . 7: n addition to its general objections. Google objects to this request because it is overly

17 broad and unduly burdensome. Google further objects to this request as vague with respect to 18 the phrase "place advertisements on its own web site(s) ." Google further objects to this request 19 as calling for information that is irrelevant and not reasonably calculated to lead to the discovery 20 of admissible evidence . Specifically, the request seeps information concerning uses by Google 21 of Digital Envoy's technology that Digital Envoy concedes are licensed and are thus not at issue 22 in this action . Finally, Google objects to this request as it relates to Digital Envoy's claime d 23 trade secrets which Digital Envoy has not yet identified with particularity . Accordingly . 24 pursuant to Section 2019(d) of the California Code of Civil Procedure, Digital Envoy is not yet 25 permitted to serve such discovery . Despite Digital Envoy's inadequate 2019(4) disclosure, 26 II subject to and without waiving its general or specific objections or iti
e

27 11 specific objections upon service of an amended 2019(d) disclosure, Google responds that it ha s

ooocLE INNS SUPPLEMENTAL RESPONSES 1`0 6i EQU S[ :1

24 7 3

G aCA I

Case 5:04-cv-01497-RS

Document 373-2

Filed 11/21/2005

Page 9 of 20

I and will generally produce non-privileged documents that directly refer to or directly discuss 2 Google's decision to introduce its AdWorris program .

ll documents relating to communication leading to Google's decision to use Digital 5 Envoy's technology in placing advertisements on Google's own web site(s) .
6

11

RESPONSE TO OC l

n addition to its general objections, Google objects to this request because it is overly 8 broad and unduly burdensome . Google ftirther objects to this request as vague with respect to 9 the phrases "Digital Envoy's technology" and "placing advertisements on Google's own we b 10 site(s)." Google further objects to this request as calling for information that is irrelevant and not I 1 reasonably calculated to lead to the discovery of admissible evidence . Specifically, the request 12 seeps information concerning uses by Google of Digital Envoy's technology that Digital Envoy 13 concedes are licensed and are thus not at issue in this action . Finally, Google objects to thi s 14 request as it relates to Digital Envoy's claimed trade secrets which Digital Envoy has not ye t 15 identified with particularity . Accordingly, pursuant to Section 2019(d) of the California Code o 16 Civil Procedure, Digital Envoy is not yet permitted to serve such discovery . Despite Digita l 17 Envoy's inadequate 2 019(d) disclosure, subject to and without waiving its general or specific 18 objections or its right to make further specific objections upon service of an amended 2019(d ) 19 disclosure, Google responds that it did not use Digital Envoy's technology, only Digital Envoy's 20 data, and that Google has and will generally produce non-privileged documents that directly refer 21 to or directly relate to Google's use of Digital Envoy's data and documents constituting 22 communications that refer to Digital :Envoy's data. 23) 4 5 DOCUMENT REQUEST NO . 9 : ll documents relating to communication leading to Google's decision to offer dvertisers options incorporating the use of Digital Envoy's technology for advertis

26 placed on Google's ov web site(s) .
27 28
< OGLF; INC'.'s SL7I'I'I,F;iFtl NTA L RESPONSk S "ITO DIGITAL ENVOY'S FIR-ST SETOFDOO WIFNIT IZEQ ESIS

A I

e

e

_

Case 5:04-cv-01497-RS

Document 373-2

Filed 11/21/2005

Page 10 of 20

PO S TO DOCUMENT REQUEST NO . 9 :

211

n addition to its general objections, Google objects to this request because it is overly broad and unduly burdensome . Google further objects to this request as vague with respect t o

4 1 the phrases "Digital Envoy's technology" and "advertisements placed on Google's own we b Google rr objects to this request as calling for information that is irrelevant and no t

6 reasonably calculated to lead to the discovery of admissible evidence . Specifically, the request 7 seeks information concerning uses by Google of Digital Envoy's technology that Digital Envoy 8 concedes are licensed and are thus not at issue in this action . Finally, Google objects to this 9 request as it relates to Digital Envoy's claimed trade secrets which Digital Envoy has not yet 0 identified with particularity . Accordingly, pursuant to Section 2019(d) of the California Code o f Civil Procedure, Digital Envoy is not yet permitted to serve such discovery . Despite Digital 2 11 Envoy's inadequate 2019(d) disclosure, subject to and without waiving its general or specifi c objections or its right to make r specific objections upon service of an mended 2019(d )

4 1 disclosure . Google responds that it did not use Digital Envoy's technology, only Digital Envoy' s d that Google has and will generally produce non-privileged documents that directly refe r 6 to or directly discuss Google's decision to offer advertisers the potential to geo-targe t 7 advertisements purchased through Google . 8 19 DOCUMENT REOUEST NO . 10 : ll documents relating to communication leading to Google's decision to place

20 advertisements on third party web sites. RESPONSE TO DOCUMENT REQUEST NO 10 : 22 11 n addition to its general objections, Google objects to this request because it is overl y broad and unduly burdensome . G oogle also objects to the request as vague with respect to wha t 24 is meant by "place advertisements." Google further objects to this request as calling fo r 25 information that is irrelevant and not reasonably calculated to lead to the discovery ofadmissible

26 evidence . Specifically, the request seeks information concerning uses by Google of Digita l 27 Envoy's technology that Digital Envoy concedes are licensed and are thus not at issue in this 24 action . Finally, Google objects to this request as it relates to Digital Envoy`s claimed trad e
GOOD E I C 2S SUPPLEMENTAL R E-S F ONSES T o DIGITAL ENVOY'S FIRST SET OF DOCUMENT g_

1

Case 5:04-cv-01497-RS

Document 373-2

Filed 11/21/2005

Page 11 of 20

ecrets which Digital Envoy has not yet identified with particularity . Accordingly, par s 2 I Section 2019(4) of the California Code of Civil Procedure, Digital Envoy is not yet permitted t o serve such discovery . Despite Digital Envoy's inadequate 2019(4) disclosure, subject to and without waiving its general or specific objections or its right to male further specific objections
5 6
7

upon service o an amended 2019(d) disclosure, Goole responds that it has and will generally produce non-privileged documents that directly refer to or directly discuss Google's decision to introduce its AdSense for Content program, and that it does not "place advertisements on third party web sites ." In Google's AdSense for Content program, which is all that Google believes is

9
10

at issue in this action based upon Digital Envoy's allegations, it is more precise to say that Google displays advertisements on users' computers in connection with content on a third part y

12

EN

ST" O .1 1

All documents relating to communication leading to Google's decision to use Digita l
14 5 16 17 18 19 20 21 22

Envoy's technology in placing advertisements on third party web sites . RESPONSE TO DOCUMENT REQUEST NO . 11 : In addition to its general objections, Google objects to this request because it is ov broad and unduly burdensome . Google also objects to the request as vague with respect to the phrases "Digital Envoy's technology" and "placing advertisements on third part), web sites ." Google further objects to this request as calling for information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence . Specifically, the request seeps information concerning uses by Google of Digital Envoy's technology that Digital Envoy concedes are licensed and are thus not at issue in this action . Finally, Google objects to this request as it relates to Digital Envoy's claimed trade secrets which Digital Envoy ha s

24

identified with particularity . Accordingly, pursuant to Section 2019(4) of the California Code o f
1 Procedure, Digital Envoy is not

permitted to serve such discovery . Despite Digital

26 27 28

oy's inadequate 2019(d) disclosure . Google responds that it has and will, subject to and without waiving its general and specific objections or its right to make further specific objections upon serv=ice of an amended 2019(4) disclosure, generally produce non-privileged document s
)IGITAL . ENVOY'S FIIts' SET Of- I) (*[:MFti'T REQUEs-r s

7c

A Document 373-2

-

Case 5:04-cv-01497-RS

Filed 11/21/2005

Page 12 of 20

I

that directly refer to or directly discuss Google's decision to offer advertisers the potential t o

2 geo-target advertisements purchased through Google and that directly refer to or directly discuss 3 Google's decision to introduce its AdSense for Content program . Google further responds that it 4 did not use Digital Envoy's technology, only Digital Envoy's data, and that it does not "plac e S advertisements on third party web sites ." In Google's AdSense for Content program, which is all 6 that Google believes is at issue in this action based upon Digital .Envoy's allegations, it is mor e
precise to say that Google displays advertisements on users' computers in connection with 8 content on a third party site .
9 DOCUMENT REQUEST NO . 12-

10

ll documents relating to communication leading to Google's decision to offe r

I I advertisers options incorporating the use of Digital Envoy's technology for advertisements 12 placed on third party well sites .

13
14

RESPONSE TO DOGII.3MEN REQUEST NO . 12 :
ition to its general objections, Google objects to this request because it is overl y broad and unduly burdensome . Google ftirther objects to this request as vague with respect to

15

16 the phrases "Digital Envoy's technology" and "advertisements placed on third party web sites ." 17 Google further objects to this request as calling for information that is irrelevant and not

18 reasonably calculated to lead to the discovery of admissible evidence . Specifically, the request 19 seeks information concerning uses by Google of Digital Envoy's technology that Digital Envoy 2 oncedes are licensed and are thus not at issue i this action . Finally, Google objects to this

21 request as it relates to Digital Envoy's claimed trade secrets which Digital Envoy has not ye t
22 identified with particularity . Accordingly, pursuant to Section 2019(d) of the California Code of 23 Civil Procedure, Digital Envoy is not yet permitted to serve such discovery. Despite Digital

24 Envoy's inadequate 2019(d) disclosure. Google responds that it has and will, subject to and
25 without waiving its general or specific objections or its right to make further specific objections 26 upon service of an amended 2019(d) disclosure, general y produce non-.privileged documents 27 that directly refer to or directly discuss Google's decision to offer advertisers the potential t o

28 11

ueo- tar2ct

advertisements purchased through Google and that directly refer to or directly discuss
1 1rIRSTs1,FOFDO CIt MEN '

G O GLE 9"dUS SUPPLEMENTAL RESPO NSFS TO -

a

D I

e

Case 5:04-cv-01497-RS

Document 373-2

Filed 11/21/2005

Page 13 of 20

Google's decision to introduce its AdSense for Content program. Goggle

r responds that it

did not use Digital Envoy's technology, only Digital Envoy's data, and that it does not "place dvertisements can third party web sites ." In Google's AdSense for Content program,, which is all 4 5 that Goggle believes is at issue in this action based upon Digital Envoy's allegations, it is more precise to say that Goggle displays advertisements on users' computers in connection with content on a third party site . 7 DOCUMENT REQUEST NO. 13 : Documents sufficient to determine the identity of all advertisers who have paid Goggle 9 for advertisements to be placed o Google's own web site(s), and the date and amount o f
rnents . 1I

EST

O. 3:

12 1 3)

n addition to its general objections, Goggle objects to this request because it is overly broad and unduly burdensome . Goggle further objects to this request as vague with respect t o

14 the phrase "advertisements to be placed on Google's own web site(s) ." Goggle ftirther objects to 15 this request as calling for information that is irrelevant and not reasonably calculated to lead to 16 the discovery of admissible evidence . Specifically, the request seeks information concerning 17 uses by Goggle of Digital Envoy's technology that Digital Envoy concedes are licensed and are 18 thus not at issue in this action . Finally, Goggle objects to this request as it relates to Digita l 19 Envoy's claimed trade secrets which Digital Envoy has not yet identified with particularity . 20 Accordingly, pursuant to Section 219(d) o the California Code of Civil Procedure, Digital 21 Envoy is not yet permitted to serve such discovery . 22 22 DOCUMENT QUEST NO . 14:

ocuments sufficient to determine the identity, of advertisers who have paid Goode for

24 advertisements to be placed on third party web sites, and the date and amount of payments.
25 26 27 broad

RESPONSE TO DOCUMENT REQUEST NO . 14 : In addition to its general objections- Goggle objects to this request becaus e and unduly- burdensome . Goggle further objects to this request as vague with respect to

the phrase "advertisements to be placed on third party web sites ." Goggle further objects to this
.'S SUPPLEMENTAL RESPONSES T o , ENVOY'S FIRSTSETOF DOCUMEN T
FS TS

-12-

-

Case 5:04-cv-01497-RS

Document 373-2

Filed 11/21/2005

Page 14 of 20

I
2

request as calling for information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence . Specifically, the request seeps information concerning uses by Gooale of Digital Envoy's technology that Digital Envoy concedes are licensed and are thus not

4 5

at issue i n this action. Finally, Csoogle objects to this request as it relates to Digital Envoy's claimed trade secrets which Digital Envoy has not yet identified with particularity . Accordingly,
pursuant

6

to Section 2019(d) of the California Code o Civil Procedure, Digital Envoy is not yet

permitted to serve such discovery . Despite Digital Envoy's inadequate 2019(d) disclosure, subject to and without waiving its general or specific objections or its right to make farther specific objections upon service of an amended 2019(d) disclosure, Goggle responds that, upon the entry of heightened attorneys eyes only confidentiality protection, it will produce nonI 1 11 privileged documents sufficient to show the total revenue derived from the A Sersse for Content program through the date upon which. Goggle ceased to use Digital Envoy's data, which. Goggle 13 expects to be by month .
4 11 DOCUMENT OT O.15 :

Documents sufficient to determine the identity of all advertisers who had advertisements placed by Goggle and selected an option which incorporated the use of Digital Envoy' s technology in the placement of one or more of these advertiseme RESPONSE TO DOCUMENT QUEST NO . 15 : In addition to its general objections, Goggle objects to this request because it is overl y 20 broad and unduly burdensome . Goggle further objects to this request as vague with respect to 21 the phrases "advertisements placed by Goggle," "Digital Envoy"s technology" and "placement of 22 one or more of those advertisements ." Goggle der objects to this request as calling for 23 information that is irrelevant and not reasonably calculated to lead to the discovery of admissibl e
once. Spec

equest seeks information concerning uses by Goggle of Digita l

En` o~ 's technology that Digital Envoy concedes are licensed and are thus not at issue in thi s Finally . Goggle objects to this request as it relates to Digital Envoy's claimed trad e
27

secs .ts which Digital Envoy has not yet identified IMth particularity- . Accordingly . pursuant to Section 2019(d) of the California Code of Civil Procedure . Digital Envoy is not yet permitted t o
C>C?OGLF: INC,'S SUPPLE(i3F itiTAV RESPONSYS ` O REQUESTS 13 -

N Case 5:04-cv-01497-RS Document 373-2 Filed 11/21/2005 Page 15 of 20

serve such discovery . Despite Digital Envoy' s inadequate 2019(d) disclosure, Google respond s 2 11 that it has and will, subject to and without waiving its general or specific objections or its right t o her specific objections upon service of an amended 2019(4) disclosure, generall y 4 produce non-privileged documents that directly refer to or directly discuss Google's decision to 5 offer advertisers the potential to geo-target advertisements purchased through Googe and that 6 directly refer to or directly discuss Google's decision to introduce its AdSense for Conten t
7 program . Google further responds that it did not use Digital Envoy's technology, only Digita l Envoy's data ., and that it does not "place advertisements on third party web sites ." In Google's
9 10

AdSense for Content program, which is all that Google believes is at issue in this action based upon Digital Envoy's allegations, it is more precise to say that Google displays advertisements on users' computers in connection with content on a third party site .

DOCUMENT

ES'T' NO. 16 :

Documents sufficient to determine the identity of all advertisers who had advertisement s
14 15 16 17 18 19 20 21
22

placed by Google and were given but did not select an option which incorporated the use of Digital Envoy' s technology in the placement of one or more of those advertisements .

RE, SPONSE T DOCUMENT

MS'T I

In addition to its general objections, Google objects to this request because it is ov e
broad and unduly burdensome . Google fitrther objects to this request as vague with respect t o the phrases "advertisements placed by Google," "Digital Envoy's technology" and "placement of one or more of those advertisements ." Google farther objects to this request as calling for information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence . Specifically, the request seeks information concerning uses by Google of Digita l ( Envoy's technology that Digital Envoy concedes are licensed and are thus not at issue in this I

24

action . Finally, Google objects to this request as it relates to Digital Envoi='s claimed trad e
s which Digital Envoy has not yet identified with particularity . Accordingly, pursuant to :section 2019(d) of the California Code of Civil Procedure, Digital Envoy is not yet permitted t o

serve such discovery . Despite Digital Envoy's inadequate 2019(4) disclosure, Google respond s
29

that it has and will. subject to and without waiving its general or specific objections or it s
-14S 'ol"S REQ UESTS fltsT SF;1' C3 ' IAf9{'3 h a1'

A

Case 5:04-cv-01497-RS

Document 373-2

Filed 11/21/2005

Page 16 of 20

I

make further specific objections upon service of an amended 2019(d) disclosure, generally

2 produce non-privileged documents that directly refer to or directly discuss Google's decision to 3 offer advertisers the potential to geo-target advertisements purchased through Google and that 4 directly refer to or directly discuss Google's decision to introduce its AdSense for Conten t 5 program. Google further responds that it slid. not use Digital Envoy's technology, only Digital 6 Envoy's data, and that it does not "place advertisements on third party web sites ." In Google's 7 Aense for Content program, which is all that Google believes is at issue in this action base d
upon Digital Envoy's a

ore precise to say that Google displays advertisement s

9 11 on users' computers in connection with content on a third party site . 10 1 DOM 11
J

EST O. 17 :

ll documents relating to web site information provided by Google relating to AdWords,

12 AdSense, and any other program or offering relating to the placement of advertisements on any 13 web site, specifically including all historical changes made to the information provided . 14 1 SPOTS TO DOCUMENT GUEST NO. 17 :

In addition to its general objections, Google objects to this request because it is overl y 16 broad and unduly burdensome . Google further objects to this request as vague with respect t o 17 the phrase "placement of advertisements on any web site ." Google further objects to this reques t as calling for information that is irrelevant and not reasonably calculated to lead to the discover y 19 of admissible evidence . Specifically, the request seeks information concerning uses by Goole 20 of Digital Envoy's technology that Digital Envoy concedes are licensed and are thus not at issu e in this action. Finally, Google objects to this request as it relates to Digital Envoy's claime d trade secrets which Digital Envoy has not yet identified with particularity . Accordingly, pursuant to Section 20119(d) of the California . Code of Civil Procedure, Digital Envoy is not ye t 4 I permitted to serve such discovery . Despite Digital Envoy's inadequate 2 0 19(d) disclosure , Google has and mill. subject to and without waiving its general or specific objections or its righ t o matte further specific objections upon service of an amended 2 0 19(d) disclosure, generally. 27 ' produce non-privileged documents that constitute materials provided to prospective and existing. 28 advertisers generally regarding Google's AdSense for Content advertising program .
E INC.s SUPPLEMENTAL RESPONSES 1- 0 "AL ENVOY'S FIRST S&°r OF DOCUMENT

27

I A

-

Case 5:04-cv-01497-RS

Document 373-2

Filed 11/21/2005

Page 17 of 20

DOCUMENT REQUEST NO, 18: All documents relating to information other than web site information provided by 3 4 Google to then existing or prospective AdWords or AdSense customers relating to Adtlvords, AdSese. and any other program or offering relating to the placement of advertisements on an y
site.

6

RESPONSE TO DOCUMENT REQUEST NO. IS: n addition to its general objections, Google objects to this request because it is overly broad and unduly burdensome . Google further objects to this request as vague with respect t o

9 11 the phrase "placement of advertis ments on any web site ." Google further objects to this request 14 as calling for information that is irrelevant and not reasonably calculated to lead to the discovery 11 of admissible evidence . Specifically, the request seeks information concerning uses by Googl e 2 of Digital Envoy's technology that Digital Envoys concedes are licensed and are thus not at issu e 13 in this action . Finally, Google objects to this request as it relates to Digital Envoy's claimed 14 trade secrets which Digital Envoy has not yet identified with particularity . Accordingly, 15 pursuant to Section 2019(d) of the California Code of Civil Procedure, Digital Envoy is not }set 16 permitted to serve such discovery . Despite Digital Envoy's inadequate 2019(d) disclosure , 17 11 Google has and will, subject to and thous waiving its general or specific objections or its righ t

18 to snake further specific objections upon service o an amended 2 0 19(d) disclosure, generally 19 produce non-privileged documents that constitute materials provided to prospective and existing 20 advertisers generally regarding Google's AdSense for Content advertising program . 1 2 DOCUMENT QUEST O . 19 :

ll documents containing any projection or expectation relating to revenue or profit or

23 other economic factor relating to Ad Words, AdSense, or any tither program or offering relating .
24 25 26 27

to the placement of advertisements on any web site, specifically including, any projection relating to the use Digital Envoy's technology= in placing advertisements on third party web sites . RESPONSE TO DOCUMENT REQUEST NO . 19 :
n addition to its general objections, Google objects to this request because it is overly broad and unduly burdensome . Google further objects to this request as vague with respect to GOGGLE INC .'s SI(i'i'i. EME NI'AL RESPONSES To 16DIGITAL ENVO Y'S HP-ST SET OF DOCUMEN T

23 1

eA I Document 373-2

-

Case 5:04-cv-01497-RS

Filed 11/21/2005

Page 18 of 20

e phrases "projection or expectation relating to revenue or profit or other economic factor, " 2 "placement of advertisements on any web site" and "Digital Envoy's technology ." Goggle r objects to this request as calling for information that is irrelevant and not reasonably 4 calculated to lead to the discovery of admissible evidence . Specifically, the request seek s ion concerning uses by Goggle of Digital Envoy's technology that Digital Envo y 6 11 concedes are licensed and are thus not at issue in this action . Finally, Goggle objects to this 7 request as it relates to Digital Envoy's claimed trade secrets which Digital Envoy has not ye t identified with particularity . Accordingly, pursuant to Section 2019(d) of the California Code o f 9 Civil Procedure, Digital Envoy is not yet permitted to serve such discovery . Respite Digital
10 Envoy's inadequate 2019(d) disclosure, Goggle will, upon the entry of heightened attorneys eyes I I only confidentiality protection and subject to and without waiving its general or specifi c 12 objections or its right to make further specific objections upon service of an amended 2019(d) 13 disclosure, generally produce non-privileged documents that constitute projections or

14 calculations of profits generated by Google's AdSense for Content advertising program through 15 the date upon -.which Goggle ceased to use Digital Envoy's data.
16 7 18 DOCUMENT Q S NO. 20 :

ll documents containing press releases pertaining to Ad Words, AdSense, or any ether program or offering relating to the placement of advertisements on any web site, or the use of

19 Digital Envoy's technology in placing advertisements on third party web sites. 20 1 RESPONSE TO DOCUMENT REQUEST NO . 20 : n addition to its general objections, Goggle objects to this request because it is overly

22 broad and unduly burdensome. Goggle further objects to this request as vague with respect to 23 the phrases "placement of advertisements on any web site" and "Digital Envoy's technology ." 24 Goggle further objects to this request as calling for information that is irrelevant and no t 25 reasonably calculated to lead to the discovery of admissible evidence . Specifically, the request 26 seeks information concerning uses by Goggle of Digital Envoy's technology that Digital Envoy

27 concedes are licensed and are thus not at issue in this action . Finally . Googl :, objects to thi s 28 request as it relates to Digital Envoy's claimed trade secrets which Digital Envoy has not ye t
G OGIX INC .", SUPPLEMENTAL RESPONSE1o S DIGrIAL ENVOY'S rius,r sEi OF weumNi, :i
TESTS

17-

13 p

i A

Case 5:04-cv-01497-RS

Document 373-2

Filed 11/21/2005

Page 19 of 20

I

identified with particularity . Accordingly, pursuant to Section 2019(d) of the California Code of

2 Civil Procedure, Digital Envoy is not yet permitted to serve such discovery . Despite Digital Envoy's inadequate 2019(d) disclosure, Google will, subject to and without waiving its general 4 or specific objections or its right to make further specific objections upon service of an amended 5 2019(4) disclosure, generally produce Google press releases that refer or relate to Digital Envoy 6 or geo-targeting of advertisements . 7 8 DOCUMENT REQUEST NO. 21 : ll documents relating to communication with any other company who provides or

9 purports to provide information regarding the geographic location of a user relating to the 10 provision of such information to Google . II 12 RESPONSE TO DOCUMENT REQUEST NO . 21 : n addition to its general objections, Google objects to this request because it is overly

13 broad and unduly burdensome . Google further objects to this request to the extent it calls for 14 information subject to third party confidentiality obligations. Google further objects to this 15 request as calling for information that is irrelevant and not reasonably calculated to lead to the 6 discovery of admissible evidence . Finally, Google objects to this request as it relates to Digital 17 Envoy's claimed trade secrets which Digital Envoy has not yet identified with particularity . 18 Accordingly, pursuant to Section 2019(d) of the California Code of Civil Procedure, Digita l 19 Envoy is not yet permitted to serve such discovery . Despite Digital Envoy's inadequate 2019(d) 20 disclosure,. Google will, upon the entry of heightened attorneys eyes only confidentialit y 2 rotection and subject to and without waiving its general or specific objections or its right to

22 make further specific objections upon service of an amended 2019(d) disclosure, and subject to 23 obtainine, any and all necessary consent from any third party, generally produce licensing , 24 proposals made to Google from any other company that provides information regarding the 25 geographic location of a visitor to a web site .
26
27

ME INC:.'s SUPPLEMENTAL RESPONSES T ITAL ENVO 'S FIRS I` STET OF DOCUMEN T s7rs

18-

_

B W
Filed 11/21/2005 Page 20 of 20

Case 5:04-cv-01497-RS

Document 373-2

2

I

Dated : November 10, 2004

ILSON SONSINI GOODRICH & ROSAU Professional Corporation

4

5 II
6 7 8 9 10
I1

y: Stephen C . Hol
Attorneys for Defendant/Counterclaimant Google, Inc .

12

14
15

16
17

9 20 21 2 23
24

25 26 27 28
G4DbGLFINC''SSUPPLEME N 'Z'ALRESPONSE STO DJGFF,UE NINVOY'S FIRST SE-FOF DOCUMEN T
REQUEST S

19°