Digital Envoy Inc., v. Google Inc.,

Filing 91

4 Case 5:04-cv-01497-RS Document 91

C

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Filed 02/23/2005

P . CRAIG CARDON, Cal . Bar No. 168646 BRIAN R . BLACKMAN, Cal . Bar No . 196996 KENDALL M . BURTON, Cal. Bar No. 228720 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Four Embarcadero Center, 17th Floo r San Francisco, California 94111-4106 Telephone : [phone] Facsimile : 15-434-394 7 TIMOTHY H . KRATZ (Admitted Pro Hac Vice) LUKE ANDERSON (Admitted Pro Hac Vice) MCGUIRE WOODS, L .L . P 1170 Peachtree Street, N.E., Suite 2100 Atlanta, Georgia 3030 9 Telephone : [phone] Facsimile : 404.443 .5 75 1 Attorneys for DIGITAL ENVOY, INC . UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION DIGITAL ENVOY, INC ., Plaintiff/ Counter defendant,
V.

ase No . C 04 01497 RS [REDACTED] DECLARATION OF TIMOTHY H . KRATZ IN SUPPORT OF DIGITAL ENVOY, INC .'S OPPOSITION TO GOOGLE, INC .'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNTS II, III, IV AND V OF THE AMENDED COMPLAINT Date : Time : Courtroom : arch 16, 2005 :30 a.m. 4,5 th Floo r

GOOGLE, INC., Defendant/Counterclaimant .

The Honorable Richard Seeborg (REDACTED VERSION )

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ECL . OF TIMOTHY H . KRATZ ISO DIGITAL ENVOY'S OPPO . TO GOOGLE'S MOTION FO R PARTIAL SUMMARY JUDGMEN T

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A A I Case 5:04-cv-01497-RS Document 91 Filed 02/23/2005 Page 2 of 3

I, Timothy H . Kratz, declare: 1. am an attorney duly licensed to practice in the State of Georgia and am admitted

ro hac vice in this Court . I am a partner with McGuire Woods LLP, counsel for Plaintiff Digital

Envoy, Inc . ("Digital Envoy") . I have personal knowledge of the facts set forth herein and, if called as a witness, would testify competently thereto . 2. 3. ttached as Exhibit A is a true and correct copy of Plaintiff's Exhibit 15 . ttached as Exhibit B is a true and correct copy of excerpts from the deposition of

Steven L . Schimmel . 4. 5. Kulpreet Rana . 6. 7. 8. 9. 10. prospectus . 11. 12. 13. ttached as Exhibit J is a true and correct copy of Plaintiff's Exhibit 11 . ttached as Exhibit K is a true and correct copy of Plaintiff's Exhibit 48 . ttached as Exhibit L is a true and correct copy of excerpts from the deposition of ttached as Exhibit E is a true and correct copy of Plaintiff's Exhibit 25 . ttached as Exhibit F is a true and correct copy of Plaintiff's Exhibit 2 . ttached as Exhibit G is a true and correct copy of Plaintiff's Exhibit 28 . ttached as Exhibit H is a true and correct copy of Plaintiff's Exhibit 8 . ttached as Exhibit I is a true and correct copy of excerpts from Google's final ttached as Exhibit C is a true and correct copy of Plaintiff's Exhibit 18 . ttached as Exhibit D is a true and correct copy of excerpts from the deposition of

Robert L. Freidman . 14. 15. 16. 17. ttached as Exhibit M is a true and correct copy of Plaintiff's Exhibit 38 . ttached as Exhibit N is a true and correct copy of Plaintiff's Exhibit 6 . ttached as Exhibit 0 is a true and correct copy of Plaintiff's Exhibit 8 . ttached as Exhibit P is a true and correct copy of Plaintiff's Exhibit 36 .

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DELL . OF TIMOTHY H . KRATZ ISO DIGITAL ENVOY'S OPPO . TO GOOGLE'S MOTION FOR PARTIAL SUMMARY JU DGMENT

A Case 5:04-cv-01497-RS Document 91 Filed 02/23/2005 Page 3 of 3

18.

ttached as Exhibit Q is a true and correct copy of the January 10, 2005 letter brief

from Plaintiffs counsel to the Court . 19. ttached as Exhibit R is a true and correct copy of Plaintiff's Exhibit 49 .

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 23, 2005 at Atlanta, Georgia .

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/s/

Timothy H . Kratz

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DECL . OF TIMOTHY H . KRATZ ISO DIGITAL ENVOY'S OPPO . TO GOOGLE'S MOTION FOR PARTIAL SUMMARY JUDGMENT