Skyhook Wireless, Inc. v. GOOGLE, INC.

Filing 37

Letter/request (non-motion) from Skyhook Wireless, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Somait, Lina)

I

RELL

& MANELLA

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INCLUDING PROFESSIONAL CORPORATIONS
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July 8, 2011

ELECTRONICALLY FILED
The Honorable Rya W. Zobel
United States District Court Judge
District of Massachusetts
John Joseph Moakley U.S. Courthouse
1 Courthouse Way, Suite 2300
Boston, Massachusetts 02210
Re:

Skyhook Wireless, Inc. v. Google Inc., Case No. 1:10-cv-11571-RWZ
(D. Mass.)

Dear Judge Zobel:
I write on behalf of plaintiff Skyhook Wireless, Inc. ("Skyhook") in connection with
pending cross-motions to request the Court's assistance in moving discovery forward in light
of the upcoming claim construction deadlines. The parties cross-moved for entry of a
protective order on May 25, 2011 (Dkt. Nos. 30, 32), and they filed oppositions on June 8,
2011 (Dkt. Nos. 35, 36). No protective order has yet been entered by the Court.
Due to the absence of a protective order, to date, no confidential documents have
been produced in the instant case. To obtain the discovery that it needs pending the
resolution of the cross-motions, Skyhook has offered to proceed under defendant Google
Inc.'s ("Defendant") proposed protective order until the entry of a final protective order by
the Court. Exs. A, B. But Defendant would not agree to make available for inspection
documents related to source code prior to the entry of a final protective order. Exs. C–F.
During a discovery conference on July 7, 2011, Defendant confirmed that, once a final
protective order is in place, it will fulfill its Local Rule 16.6 obligations by making source
code related documents available for inspection. Exs. G, H. Consequently, Skyhook could
not agree to an interim protective order that would exclude these documents.
The lack of a protective order has delayed discovery of information critical to
Skyhook's case. Skyhook has yet to receive any confidential documents responsive to Local
Rule 16.6 disclosures or any confidential documents responsive to its requests for
production, which were served seven months ago. Skyhook has been more than reasonable
in trying to accommodate Defendant's concerns as Skyhook has agreed to proceed under
Defendant's proposed protective order pending the Court's decision on the cross-motions.

2459544

IRELL & MANELLA

LLP

A REGISTERED LIMITED LIABILITY LAW PARTNERSHIP
INCLUDING PROFESSIONAL CORPORATIONS

The Honorable Rya W. Zobel
July 8, 2011
Page 2

But the parties have reached an impasse on the source code documents responsive to Local
Rule 16.6 disclosures.
Skyhook is mindful that only thirty days have elapsed since the briefing of the crossmotions was completed, and that a decision on the cross-motions may well be imminent.
However, if a decision is not imminent, Skyhook respectfully requests that the Court enter
an order that states that, prior to the Court's decision on the cross-motions, the terms of
Defendant's proposed protective order (Dkt. No. 29-1) will apply, without prejudice to
Skyhook's or Defendant's cross-motions. Defendant explained during the July 7, 2011
discovery conference that its key concern in refusing to make available for inspection
documents related to source code is the enforceability of an interim protective order by the
Court. Consequently, Skyhook's request should satisfy both parties' needs.
Thank you for your attention.

Respectfully submitted,
/s/ Lina F. Somait
Lina F. Somait

Enclosures
cc:

2459544

Counsel on CM/ECF

Certificate of Service
I, Lina F. Somait, 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) on July 8, 2011.

/s/ Lina F. Somait
Lina F. Somait