iLOR, LLC v. Google, Inc.

Filing 12

MOTION for Preliminary Injunction by iLOR, LLC (Attachments: # 1 Memorandum in Support Part 1# 2 Memorandum in Support Part 2# 3 Proposed Order # 4 Exhibit A# 5 Exhibit B# 6 Exhibit C# 7 Exhibit D# 8 Exhibit E# 9 Exhibit F# 10 Exhibit G# 11 Exhibit H# 12 Exhibit I# 13 Exhibit J# 14 Exhibit K# 15 Exhibit L# 16 Exhibit M# 17 Exhibit N# 18 Exhibit O# 19 Exhibit P# 20 Exhibit Q# 21 Exhibit R# 22 Exhibit S# 23 Exhibit T# 24 Exhibit U# 25 Exhibit V# 26 Exhibit W# 27 Exhibit X# 28 Exhibit Y# 29 Exhibit Z# 30 Exhibit AA# 31 Exhibit BB# 32 Exhibit CC# 33 Exhibit DD# 34 Exhibit EE# 35 Exhibit FF# 36 Exhibit GG# 37 Exhibit HH# 38 Exhibit II# 39 Exhibit JJ# 40 Exhibit KK# 41 Exhibit LL# 42 Exhibit MM# 43 Exhibit NN# 44 Exhibit OO# 45 Exhibit PP# 46 Exhibit QQ# 47 Exhibit RR# 48 Exhibit SS# 49 Exhibit TT# 50 Exhibit UU)(Faller, Susan)

iLOR, LLC v. Google, Inc.

Doc. 12 Att. 42

Case 5:07-cv-00109-JMH
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Gartner

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From Wikipedia, the free encyclopedia

Gartner, Inc. (NYSE: IT
(http://ww.nyse.coin/about/listed/lcddata.html ?

Gartner, Inc.

ticker=IT)) is an information and technology research and advisory firm headquarered in
Stamford, Connecticut. It was known as The

Gartner
Type Public
Founded 1979

Gartner Group until2001.rlJ
Garner clients include many large corporations

Headquarters Stamford, Connecticut

and governent agencies, as well as technology companies and the investment community. The
company consists of Gartner Research, Garer

Key people Gene Hall (Chairman and CEO)

Christopher 1. Lafond (CFO).
Industry Research
Products Market research

Executive Programs, Garer Consulting and Garner Events. Founded in 1979, Garner has 3,700 associates, including 1,200 research analysts and consultants in 75 countries
worldwide.

Consumer research Consulting Events Revenue $1,060 milion (2006) Net income $156 milion (2006)

¡ Employees 3,700 (2006) ¡

Contents
. 1 Business areas

I Website www.gartner.com I
L__________________(~-tP://w.~w .gart_i:_~r.coml)______~

. 1. 1 Technology scope

. 1.2 Garner Research
. 1.3 Garner Consulting

. 1.4 Garner Executive Programs . 1.5 Garner Events . 1.6 Garner Publishing . 2 Company history . 3 Competitors . 4 Press coverage
. 5 See also

. 6 References
. 7 External

links

. 7.1 Garner in the news

Business areas

Technology scope
The areas of technology that the company includes within its scope include:
. Customer relationship management (CRM)

EXHIBIT
.&j

· Business-to-business e-commerce
. Supply chain management

~
l!

fV (f

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. Business Intellgence

. Wireless and similar communication technology
. Security
. IT services in general

· IT spending and strategies including global manufactuing operations
. Emerging technologies
. IT Infrastructures and Operations

Gartner Research

Closely related to consulting, Garer provides research analyses and reports for IT professionals, technology companies and the investment community in the form of reports and briefings, as well as peer networking services and membership programs designed specifically for CIOs and other senior executives. Following a publisher's business model-- "write once, sell many" -- Research operates on high gross margins and is Gartner's most profitable business unit, growing 9 percent in 2006, to $571

milion.
Gartner Consulting

This is the basic business area; Gartner consultants provide support in all areas related to information technology to measuring the effectiveness and efficiency of business practices, serving as independent advisors. Garner's consulting staff provides customized project consulting on the delivery, deployment, and management of high-tech products and services in four areas: IT Management and Measurement, Sourcing, Federal Governent, and Market and Business Strategies.

Gartner Executive Programs
Gartner sells Executive Programs (EXP) memberships to ChiefInformation Offcers (CIOs) and other senior executives in a wide range of technologies. An EXP membership leverages Garner's services in ways that are specific to the CIOs needs, and offers members-only communities for peer-based collaboration. Members also receive advice and counsel from a personal relationship manager. As the company is involved with all the facets of the industry, this inevitable includes both users and vendors of the same technology, which might appear as conflicts of interest. At December 31, 2006, Garner's various Executive Programs had a membership of approximately 3,150 CIOs and other senior IT
leaders.
Gartner Events

The Garner SymposiumTxpo (http://ww.gartner.com/symposium) is the IT industry's largest conference. Gartner Symposium, offered each spring and fall in various international locations, is a strategic conference for senior IT and business professionals. Symposium is combined with ITxpo, an exhibition where the latest technology products and solutions are demonstrated. It has been hosted in Sydney, Australia; Canes, France; San Francisco, California; Barcelona, Spain; Orlando, Florida; Tokyo, Japan; and Cape Town, South Africa.

Garner also organizes regional conferences in over 65 countries on specialized topics such as: outsourcing, customer relationship management, application integration and business intelligence. In 2004, Garner held 56 events which attracted nearly 31,000 participants and produced revenues of

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$138.4 millon. (2)
Gartner Publishing

In 2004, Harard Business School Press (HBS Press) and Garner anounced that they would publish a co-branded series of professional handbooks for senior executives, titled The Garter Growth Agenda: Leading and Managing Strategic Growth with Technology. The parnership also included a component alIowing HBS Press to distribute research reports from Garner Press, the Strategic Planning Series and
Executive Reports. The reports featue Gartner's proprietary research tools and models including Magic

Quadrants, Hype Cycles and Strategic Planning Assumptions. Topics include CRM, Web Services, Security, Outsourcing, Wireless and Mobile, Business Intellgence and Asset Management.(3) Some of
Gartner's recent publications include:

. IT and the East, How India and China are Altering the Future o/Technology and Innovation,
James M. Popki and Partha Iyengar, Garer, Inc. ISBN: 1422103145 Harvard Business School

Press, April 2007
· Multisourcing: Moving Beyond Outsourcing to Achieve Growth And Agilty, Linda Cohen and

Allie Young, Managing Vice Presidents, Garner, Inc. ISBN 1591397979 Harvard Business School Press, November 2005
. Heads Up, How to Anticipate Business Surprises and Seize Opportunities First, Kenneth G.

McGee, Vice President, Garner, Inc. ISBN 1-59139-299-3 Harard Business School Press, April 2004
. The New CIO Leader, Setting the Agenda and Delivering Results, Mariane Broadbent, Associate Dean, Melboure Business School, Garner Fellow and Ellen Kitzis, Vice President, Gartner, Inc.

ISBN 1-59139-577-1 Harard Business School Press, December 2004
· Heads Up, How to Anticipate Business Surprises and Seize Opportunities First, Kenneth G.

McGee, Group Vice President, Garner Inc. ISBN 1-59139-299-3 Harard Business School Press, April 2004

Company history
The company was founded in 1979 by the eponymous Gideon Garner. Originally a private company, the Garner Group was launched publicly in the 1980s, then acquired by Saatchi & Saatchi, the Londonbased advertising agency, and then acquired in 1990 by some of its executives, with fuding from Bain Capital and Dun & Bradstreet. In 2001 the name was simplified to Garer.

In the course of its growt, Garner has acquired numerous companies providing related services,
including most notably Real Decisions (which became Garner Measurement, now part of Garner's

consulting division), and Dataquest (Garner's market research firm). It has also acquired a number of direct competitors, including NewScience (which Gartner acquired in the late 1990s) and arch-rival Meta Group (acquired in 2005).
The Chairman and CEO is Gene Hall (since August 2004). Business performance under Hall's

management has been considerably stronger than under his predecessor Michael Fleisher.

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Competitors
Garner has a large number of smaller competitors, including:

EVANGELISTS (http://ww.evangelists.inl
The Butler Group (htt://ww.butlergroup.com/
Cutter Consortium (http://ww.cutter.coml

Forrester Research
Computer Economics (htt://ww.computereconomics.coml
IBRS (Australia) (http://ww.ibrs.com.au/

IDC

Press coverage
Garner research is frequently quoted by the IT press, particularly in regard to controversial IT topics, including the security of common software, or the costs of switching to free softare alternatives.

Noteworthy examples include:

· their September 2001 advisory that, in light of increasing internet worm attacks such as Code Red and Nimda, companies using Microsoft LIS for web hosting should switch to alternative products,
(4)

· their October 2006 statement that they believed Apple Computer should abandon its hardware business, instead licensing it to alternative PC manufacturers, such as Dellp) · their December 2006 prediction that blogging activity would reach a peak during 2007,(6) and that Windows Vista would be the last major release of the operating system)7)

See also
. List of

United States companies

. List of research companies

References
1. A (http://ww.sec.gov/Archives/edgar/data/749251/00009501230 1 001450/y45550el O-q.txt)

EDGAR Form 10-Q. Securities and Exchange Commission (February 14,2001). Retrieved on 2006-12-16.
2. A Garner Anual Report 2004

3. A Harard Business School and Gartner Inc. Form Publishing Parnership, CRM Today, Januar
30, 2004
4. A http://ww.theregister.co.uk2001/09/24/ditch_microsoft_iis _now _ says/

5. A htt://news.zdnet.co.uk/emergingtech/O,1000000 183 ,39284 186,00 .htm

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6. A http://news.bbc.co.ukl/hi/technology/6178611.stm

7. A http://news.zdnet.com/2100-3513_22-6143800.html

External links
. Garner website (http://ww.garner.com/

Gartner in the news
· Computer Weekly, Friday 15 December 2006: Garner's top 10 forecasts for 2007 and beyond, by
Antony Savvas (http://ww.computerweekly.com/Aricles/2006/12/15/220726/garners-top- 10-

forecasts- for- 2007 -and-beyond.htm)
· TechWorld.com, December 15,2006 - Magic Pillar gets Gartner seal of

· InfoQ, December 14, 2006 - Gender Gap Continues to Increase in IT: Garer (htt://ww.infoq.com/news/2006/ 12/it-gender-gap-garner)
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