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)

EXHIBIT C

Susan Baker Manning
Direct Phone: [phone]
Direct Fax:
202.373.6472
[e-mail]
Our File No.: 0000352152

July 6, 2011
Via Email
Lina Somait, Esq.

Irell & Manella LLP
1800 Avenue of the Stars, Suite 900
Los Angeles, California 90067-4276
Re: Skyhook Wireless, Inc. v. Google Inc.
Case No. 1:10-cv-11571-RWZ (D. Mass.)
Dear Lina:
I write in response to your letter of June 20, 2011 regarding the further production of
documents prior to the Court’s entry of a protective order. Skyhook suggests that the
parties “begin” producing documents, and that they agree to treat all documents under the
terms of Google’s proposed protective order until the Court enters a protective order in
this action. See Exhibit A to Memorandum of Law in Support of Defendant and
Counterclaim-Plaintiff Google, Inc.’s Motion for Entry of a Protective Order (dkt. 30).
Google, too, hopes that the Court will soon enter a protective order. I must note that
Google has already begun its production of documents. Google produced 4,424 pages of
documents in this action on January 7, 2011 and April 15, 2011. In addition, Google has
produced 128,285 pages of documents in the related state court action, and the vast
majority of these have been in Skyhook’s hands for over eight months. In order to make
its state court production, Google processed over 9.5 million documents on an expedited
basis. By the agreement of the parties, all of the state court documents are deemed
produced in the federal court action, may be used in this action, and in fact have been
used by Skyhook. See, e.g., Skyhook’s Infringement Contentions (dkt. 23).
That issue aside, Google is amenable to a mutual further production of documents in this
action, including documents containing “Confidential” and “Highly Confidential Attorneys’ Eyes Only” confidential information, under a stipulation that all produced
documents will be handled under the terms of Google’s proposed protective order until
such time as the Court enters a protective order, which would of course then govern.
As you know, the parties have agreed to specific, additional strictures that govern the
inspection of source code. See generally Google’s [Proposed] Protective Order ¶ 8.
Given the extreme sensitivity of code, the agreed upon additional protections, and the
likelihood that any meaningful review of code would need to be conducted by experts,

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Lina Somait, Esq.
July 6, 2011
Page 2
rather than counsel who are officers of the court, any inspection of “Highly Confidential Source Code” will need to take place after entry of the actual protective order.
I attach a draft stipulation. If Skyhook is amenable, please provide an executed copy for
filing with the Court. Google stands prepared to immediately begin a mutual rolling
production.
Sincerely yours,

Susan Baker Manning

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