Google, Inc. et al v. Microsoft Corporation

Filing 29

Attachment 1
Declaration of Stacey L. Wexler in Support of 28 Reply Memorandum in Support of Motion for Summary Judgment filed byGoogle, Inc., Kai-Fu Lee. (Attachments: # 1 Exhibit A)(Related document(s)28) (Taylor, Stephen) (Filed on 9/30/2005)

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Google, Inc. et al v. Microsoft Corporation Doc. 29 Att. 1 Case 5:05-cv-03095-RMW Document 29-2 Filed 09/30/2005 Page 1 of 5 GOOGLE INC. AND KAI-FU LEE v. MICROSOFT CORPORATION, UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA, CIVIL ACTION NO. CV 05-03095 (RMW) DECLARATION OF STACEY L. WEXLER IN SUPPORT OF REPLY BY PLAINTIFFS GOOGLE INC. AND KAI-FU LEE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT EXHIBIT A Dockets.Justia.com Case 5:05-cv-03095-RMW Document 29-2 Filed 09/30/2005 Page 2 of 5 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON COUNTY OF KING ----------------------------------------------------MICROSOFT, PLAINTIFF, ) ) ) VS. GOOGLE AND KAI-FU LEE, DEFENDANTS. ) ) ) NO. 05-2-23561-6 SEA ----------------------------------------------------VERBATIM REPORT OF PROCEEDINGS PRELIMINARY INJUNCTION HEARING - DAY 1 ----------------------------------------------------THE HONORABLE STEVEN GONZALEZ SEATTLE, WASHINGTON SEPTEMBER 6, 2005 APPEARANCES: FOR PLAINTIFF: KARL QUACKENBUSH JEFF JOHNSON THOMAS BURT FOR DEFENDANT GOOGLE: JOHN KEKER RAGESH TANGRI FOR DEFENDANT LEE: BRADLEY KELLER REPORTED BY: APRIL LAINE Case 5:05-cv-03095-RMW Document 29-2 Filed 09/30/2005 Page 3 of 5 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOIN IN THAT. NONE WERE PRESENT, SO WE CONDUCTED IT WITHOUT THE INTERVENORS THERE. NO MATTERS OF SUBSTANCE WERE SO FOR THE DISCUSSED IN CHAMBERS. PUBLIC'S BENEFIT, WE HAVE NOT BEGUN TO DISCUSS THE MERITS OF ANY OF THE PARTIES' POSITIONS YET. THE PARTIES MAY KNOW I HAVE A BACKGROUND IN EAST ASIAN STUDIES AND AT ONE POINT WAS FLUENT IN CHINESE. I HAVE SOME SOME REVIEWED A NUMBER OF THE EXHIBITS. OF THE TRANSLATIONS ARE QUITE GOOD. ARE NOT SO GOOD. I HAVE REFERRED TO SOME OF THE SOURCE DOCUMENTS IN MY READING, MOSTLY OUT OF INTEREST, BUT ALSO BECAUSE THEY DIFFER IN SOME SLIGHT WAYS FROM THE ENGLISH TRANSLATIONS. ANYTHING FURTHER FROM THE PARTIES BEFORE WE BEGIN THE HEARING THIS MORNING? MR. JOHNSON: NONE FROM THE PLAINTIFF, YOUR HONOR. MR. KEKER: THE COURT: NO, YOUR HONOR. VERY WELL. GOOD MORNING, YOUR HONOR. MR. JOHNSON: YOUR HONOR, THIS CASE IS NOT A TRADE Case 5:05-cv-03095-RMW Document 29-2 Filed 09/30/2005 Page 4 of 5 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SECRET CASE. CASE. IT'S NOT A MISAPPROPRIATION THIS IS A NONCOMPETE CASE. THIS IS A CASE ABOUT WHETHER DR. LEE SHOULD BE REQUIRED TO LIVE UP TO HIS PROMISE, WHICH WAS THAT WHILE HE WAS AT MICROSOFT OR -- HIS PROMISE IS SIMPLY THIS, YOUR HONOR: THAT HE WILL NOT WORK ON THE SAME THINGS HE WORKED ON AT MICROSOFT AT GOOGLE. NOW, DID HE INTEND THE ANSWER TO TO LIVE UP TO THAT PROMISE? THAT IS, QUITE CLEARLY, NO. HERE'S HOW WE KNOW THIS, YOUR HONOR. THIS IS THE VERY FIRST E-MAIL THAT DR. LEE SENT TO GOOGLE. THE COURT: DOCUMENT? MR. JOHNSON: YOUR HONOR. MOTION. THE COURT: THANK YOU. YOUR HONOR, HE SENT EXHIBIT 1. I APOLOGIZE, HE SENT IT -FOR THE RECORD, IT'S WHAT EXHIBIT 1 TO PLAINTIFF'S PI MR. JOHNSON: THIS E-MAIL TO ERIC SCHMIDT, THE CEO OF GOOGLE, AND TO LARRY PAGE AND SERGEY BRIN, THE CO-FOUNDERS OF GOOGLE. HERE'S WHAT DR. LEE HAD TO SAY IN Case 5:05-cv-03095-RMW Document 29-2 Filed 09/30/2005 Page 5 of 5 210 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) I, APRIL M. LAINE, ONE OF THE OFFICIAL COURT REPORTERS OF THE SUPERIOR COURT OF THE STATE OF WASHINGTON, IN AND FOR THE COUNTY OF KING, DO HEREBY CERTIFY THAT THE VERBATIM REPORT OF PROCEEDINGS IN THE FOREGOING CAUSE WAS ORDERED VERBALLY BY DENNIS TESSIER AND SCOTT RIEWERTS ON THE 6TH DAY OF AUGUST, 2005. I FURTHER CERTIFY THAT I DELIVERED A COPY OF SAID VERBATIM REPORT OF PROCEEDINGS TO MR. TESSIER AND MR. RIEWERTS ON THE 12TH DAY OF SEPTEMBER, 2005, THE ORIGINAL BEING RETAINED BY ME. ________________________ APRIL M. LAINE OFFICIAL COURT REPORTER

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