Personalized User Model LLP v. Google Inc.

Filing 199

REDACTED VERSION of 192 Declaration, by Personalized User Model LLP. (Tigan, Jeremy)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PERSONALIZED USER MODEL, L.L.P., Plaintiff, v. GOOGLE, INC., Defendant. ) ) ) ) ) ) ) ) )

C.A. No. 09-525 (LPS) REDACTED PUBLIC VERSION

DECLARATION OF MICHAEL J. PAZZANI IN SUPPORT OF PLAINTIFF PERSONALIZED USER MODEL, L.L.P.'S LETTER REGARDING REQUEST FOR INSPECTION OF GOOGLE, INC.'S SOURCE CODE REPOSITORY MORRIS, NICHOLS, ARSHT & TUNNELL LLP Karen Jacobs Louden (#2881) Jeremy A. Tigan (#5239) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 [phone] [e-mail] [e-mail] OF COUNSEL: Marc S. Friedman SNR Denton US LLP 1221 Avenue of the Americas New York, NY 10020-1089 [phone] Jennifer D. Bennett SNR Denton US LLP 1530 Page Mill Road, Ste. 200 Palo Alto, CA 94304-1125 [phone] February 18, 2011 - Original Filing Date February 24, 2011 - Redacted Filing Date Attorneys for Plaintiff Personalized User Model, L.L.P.

I, Michael J. Pazzani, declare: 1. I am the Vice President of Research and Graduate and Professional

Education at Rutgers, The State University of New Jersey located in New Brunswick, NJ. I hold a Ph.D. in Computer Science, an M.S. in Computer Engineering, and a B.S. in Computer Engineering, and have been retained as an expert witness for Plaintiff Personalized User Model, L.L.P. ("P.U.M.") in this action. I make this declaration in support of P.U.M.'s letter regarding the refusal of Google, Inc. ("Google") to permit P.U.M. to inspect Google's source code repository. 2. I have reviewed the source code made available by Google in this case on

the following dates: June 4, 2010; June 5, 2010; June 13, 2010; June 14, 2010; June 15, 2010; June 28, 2010; September 26, 2010; October 19, 2010; November 21, 2010; November 27, 2010; December 5, 2010; and January 17, 2011. I have spent more than 100 hours reviewing source code on such dates. 3. During my review of the source code made available by Google, I have

discovered that numerous code files referenced in the produced code are missing and many of the code files produced are either experimental or duplicative files. 4.

5.

In general, as I "chain" through the relevant produced code file (i.e., move

from one source code file to another source code file referenced therein), I often find that referenced code files are missing from Google's production.

6.

Absent going through the exercise of listing all seemingly relevant code

files that are referenced in the produced code, there is no means by which to identify all of the potentially relevant code files that are missing from Google's production. This is especially true as there is absolutely no way to know what files are in turn referenced by the identifiable missing files. 7. Inspecting the code as it exists in Google's repository will allow me to

follow chains of code, determine what libraries and files are referenced by each of the relevant code files, and proceed with my analysis without wasting unnecessary time continuously requesting files that I discover to be missing. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 18th day of February 2011, at Piscataway, New Jersey.

/s/ Michael J. Pazzani
Michael J. Pazzani

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CERTIFICATE OF SERVICE I hereby certify that on February 18, 2011, I caused the foregoing to be electronically filed with the Clerk of the Court using CM/ECF which will send electronic notification of such filing to all registered participants. Additionally, I hereby certify that true and correct copies of the foregoing were caused to be served on February 18, 2011, upon the following individuals in the manner indicated: BY E-MAIL Richard L. Horwitz David E. Moore POTTER ANDERSON & CORROON LLP 1313 N. Market St., 6th Floor Wilmington, DE 19801 BY E-MAIL Brian C. Cannon QUINN EMANUEL URQUHART & SULLIVAN, LLP 555 Twin Dolphin Dr., 5th Floor Redwood Shores, CA 94065 Charles K. Verhoeven David A. Perlson Antonio R. Sistos Eugene Novikov Andrea Pallios Roberts QUINN EMANUEL URQUHART & SULLIVAN, LLP 50 California Street, 22nd Floor San Francisco, CA 94111

/s/ Jeremy A. Tigan
______________________________________ Jeremy A. Tigan (#5239)

CERTIFICATE OF SERVICE I hereby certify that on February 24, 2011, I caused the foregoing to be electronically filed with the Clerk of the Court using CM/ECF which will send electronic notification of such filing to all registered participants. Additionally, I hereby certify that true and correct copies of the foregoing were caused to be served on February 24, 2011, upon the following individuals in the manner indicated: BY E-MAIL Richard L. Horwitz David E. Moore POTTER ANDERSON & CORROON LLP 1313 N. Market St., 6th Floor Wilmington, DE 19801 BY E-MAIL Brian C. Cannon QUINN EMANUEL URQUHART & SULLIVAN, LLP 555 Twin Dolphin Dr., 5th Floor Redwood Shores, CA 94065 Charles K. Verhoeven David A. Perlson Antonio R. Sistos Andrea Pallios Roberts QUINN EMANUEL URQUHART & SULLIVAN, LLP 50 California Street, 22nd Floor San Francisco, CA 94111

/s/ Jeremy A. Tigan
______________________________________ Jeremy A. Tigan (#5239)
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