Red Bend Software, Inc. et al v. Google

Filing 109

DECLARATION re 108 Memorandum in Opposition to Motion by David Magee by Google Inc.. (Attachments: # 1 Exhibit A [SEALED], # 2 Exhibit B, # 3 Exhibit C [SEALED], # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F [SEALED], # 7 Exhibit G [SEALED])(Magee, David)

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS RED BEND LTD. and RED BEND SOFTWARE INC., Plaintiffs, v. GOOGLE INC., Defendant. GOOGLE INC., Counterclaim-Plaintiff, v. RED BEND LTD. and RED BEND SOFTWARE INC., Counterclaim-Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 09-cv-11813

DECLARATION OF DAVID MAGEE IN SUPPORT OF GOOGLE'S OPPOSITION TO RED BEND'S MOTION TO COMPEL GOOGLE'S PRODUCTION OF DOCUMENTS I, David M. Magee, say and declare as follows; 1. I am an attorney at law duly licensed to practice before all courts in the

Commonwealth of Massachusetts and before this United States District Court. I am counsel of record for Defendant and Counterclaimant Google, Inc. ("Google"). I have personal knowledge of the following facts and, if called as a witness could and would be competent to testify thereto. 1. Attached as Exhibit A is a true and correct list of custodians from whom

Google has collected documents for review and possible production in this action. 2. Attached as Exhibit B is a true and correct copy of a document dated July

15, 2009 and entitled "Smaller is Faster (and Safer Too)." This document is publically

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available at http://blog.chromium.org/2009/07/smaller-is-faster-and-safer-too.html and was produced with bates numbers GOOG-00026259 through GOOG-00026265. 3. Attached as Exhibit C is a true and correct copy of email correspondence

with the subject line "Re: Making Android OTAs smaller?" dated October 4, 2009 to October 5, 2009. This document was produced with bates numbers GOOG-00039449 through 00039450. 4. Attached as Exhibit D is a true and correct copy of an article entitles "An

Algorithm for File Differential Comparison" by J.W. Hunt and D.D. McIlroy dated July 1976. This document is publically available at

http://www.cs.dartmouth.edu/~doug/diff.ps. 5. Attached as Exhibit E is a true and correct copy of the license agreement

and source code for the bsdiff software program. This document is publically available at http://www.daemonology.net/bsdiff/ and was produced with bates numbers GOOG00039808 through GOOG-00039812. 6. Attached as Exhibit F is a true and correct copy of excerpts from the

transcript of the February 17, 2010 deposition of Yoram Salinger. 7. Attached as Exhibit G is a true and correct copy of email correspondence

dated January 31, 2010 that attaches a PowerPoint presentation entitled "Red Bend FOTA & DM for Android Handsets." This document was produced with bates numbers RedBend0009056 through 0009084, and was marked as Exhibit 14 during the deposition of Yoram Salinger.

By: /s/ David M. Magee David M. Magee

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Certificate of Service I hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants, by federal express, on August 12, 2010. /s/ David M. Magee David M. Magee, BBO # 652399

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