Digital Envoy Inc., v. Google Inc.,

Filing 85

Digital Envoy Inc., v. Google Inc.,

Doc. 85

Case 5:04-cv-01497-RS

Document 85

Filed 02/07/2005

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DAVID H. KRAMER, State Bar No. 168452 STEPHEN C. HOLMES, State Bar No. 200727 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 DAVID H. KRAMER IN SUPPORT OF GOOGLE INC.'S MISCELLANEOUS ADMINISTRATIVE REQUEST TO FILE DOCUMENTS UNDER SEAL, PURSUANT LOCAL RULES 7-10(b) and 79-5 Date: Time: Courtroom: Judge: March 16, 2005 9:30 a.m. 4, 5th Floor Hon. Richard Seeborg

DECL. ISO GOOGLE'S MISC. ADMIN. REQUEST TO FILE UNDER SEAL - CASE NO. 04-0197 RS

2601743_1.DOC

Dockets.Justia.com

Case 5:04-cv-01497-RS

Document 85

Filed 02/07/2005

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I, David H. Kramer, declare as follows: 1. I am an attorney at law duly licensed to practice in the State of California and

before this Court. I am a member of Wilson Sonsini Goodrich & Rosati, counsel for defendant and counterclaimant Google Inc. ("Google"). I have personal knowledge of the facts set forth herein and, if called as a witness, could and would testify competently thereto. 2. I submit this declaration in support of Google's Miscellaneous Administrative

Request to File Under Seal, Pursuant to Local Rules 7-10(b) and 79-5, Exhibit D to the Declaration of Stephen C. Holmes in Support of Google's Motion For Partial Summary Judgment on Counts II, III, IV and V of the Amended Complaint ("Holmes Declaration"). 3. Exhibit D to the Holmes Declaration ("Exhibit D") contains information

designated by plaintiff and counterdefendant Digital Envoy, Inc. as "Highly Confidential ­ Attorneys' Eyes Only" under the terms of the Court's August 23, 2004 Stipulation and Protective Order Regarding Confidentiality ("Protective Order"). The documents attached as Exhibit D are excerpts from the deposition testimony of Rob Friedman, dated November 17, 2004. The excerpts attached as Exhibit D are quoted in Google's accompanying memorandum. Without concurring in Digital Envoy's view, in light of its designations, Google requests an order permitting it to file the deposition testimony and an unredacted copy of its brief under seal.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on February 7, 2005, at Palo Alto, California. /s/ David H. Kramer David H. Kramer

DECL. ISO GOOGLE'S MISC. ADMIN. REQUEST TO FILE UNDER SEAL - CASE NO. 04-0197 RS

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