Skyhook Wireless, Inc. v. GOOGLE, INC.

Filing 33

AFFIDAVIT in Support re 31 MOTION for Protective Order. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Maffei, Thomas)

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EXHIBIT 5 Page 1 of 1 Somait, Lina From: Manning, Susan Baker [susan.manning@bingham.com] Sent: Monday, March 28, 2011 10:10 AM To: Lu, Sam Cc: Somait, Lina; Lo, Audrey; Suggs, Christopher B.; Goldberg, Robin S. Subject: Skyhook v. Google (federal) -- protective order Follow Up Flag: Follow up Flag Status: Red Dear Sam -I write to follow up on the only outstanding issue on the PO: whether the prosecution bar will prohibit those attorneys with access to the other side's confidential information from being substantively involved in reissue or reexamination proceedings. Google believes that the case law (and common sense) on balance supports extending the bar to reexamination and reissue proceedings. When you and I last spoke, neither party had a compromise position to propose. In thinking about the issue since then, Google's chief concern is that counsel with access to its confidential information not be able to use that information (even inadvertently) to reshape the claims of the patents. Were the patents to be part of reexamination or reissue proceedings, we think the risk of misuse of Google's confidential information is less grave if counsel's activities are limited to addressing the scope of the prior art and its relevance to the claims as originally issued. If Skyhook is open to such an approach, please give me a call to discuss. Either way, please advise as to Skyhook's position in the next few days. We'd like to get this wrapped up. I hope we're able to come to agreement, but if we're not, let's discuss an approach for presenting the issue to the court for resolution. thanks, Susan _________________________________ Susan Baker Manning | Bingham McCutchen LLP 2020 K Street NW, Washington, DC 20006-1806 Tel: 202.373.6172 | Fax: 202.373.6472 susan.manning@bingham.com ________________________________ Confidentiality Notice: The information in this e-mail (including attachments, if any) is considered confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone. Bingham McCutchen LLP Circular 230 Notice: To ensure compliance with IRS requirements, we inform you that any U.S. federal tax advice contained in this communication is not intended or written to be used, and cannot be used by any taxpayer, for the purpose of avoiding any federal tax penalties. Any legal advice expressed in this message is being delivered to you solely for your use in connection with the matters addressed herein and may not be relied upon by any other person or entity or used for any other purpose without our prior written consent. 4/13/2011

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