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 D

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

SKYHOOK WIRELESS, INC.,
Plaintiff,
CIVIL ACTION
NO. 1:10-cv-11571-RWZ

v.
GOOGLE INC.,
Defendant.
GOOGLE INC.,
Counterclaim-Plaintiff,
v.
SKYHOOK WIRELESS, INC.,
Counterclaim-Defendant.

STIPULATION REGARDING PRODUCTION OF DOCUMENTS BY
SKYHOOK WIRELESS, INC. AND GOOGLE INC.

Plaintiff and Counterclaim-Defendant Skyhook Wireless, Inc. (“Skyhook”) and
Defendant and Counterclaim-Plaintiff Google Inc. (“Google”) hereby stipulate as
follows:
WHEREAS the parties met and conferred regarding a protective order, and have
agreed on all provisions except for the appropriate scope of a patent prosecution bar;
WHEREAS on May 25, 2011, the parties each filed motions and supporting
memoranda seeking entry of their respective proposed protective orders (Docket Nos. 2933);

A/74422961.3

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WHEREAS on June 8, 2011 the parties each filed opposition briefs regarding the
cross-motions for entry of the respective proposed protective orders (Docket Nos. 35 and
36);
WHEREAS the fully briefed cross-motions are pending before the Court; and
WHEREAS the parties wish to facilitate the mutual production of documents,
including documents that would be deemed “Confidential” or “Highly Confidential —
Attorney’s Eyes Only” under the stipulated portions of the respective protective orders
that have been proposed to the Court, during the time the motions are pending before the
Court;
THEREFORE, SKYHOOK AND GOOGLE STIPULATE AS FOLLOWS:
(1)

The parties shall abide by the terms of Google’s [Proposed] Protective

Order for Litigation Involving Patents, Highly Sensitive Confidential Information and/or
Trade Secrets for all purposes prior to the entry by the Court of a protective order in this
action.
(2)

Prior to the Court’s entry of a protective order in this action, however, no

party shall be required to produce or make available for inspection documents or
information that would be properly deemed “Highly Confidential - Source Code” under
Google’s [Proposed] Protective Order for Litigation Involving Patents, Highly Sensitive
Confidential Information and/or Trade Secrets (Docket No. 30, Ex. A).
(3)

Upon entry by the Court of a protective order in this action, the Court’s

order shall govern for all purposes, including the treatment of all produced documents,
regardless of the time of production.

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STIPULATED AND AGREED:
Respectfully submitted,

Dated: July __, 2011

Google Inc.,
By its attorneys,

Jonathan M. Albano, BBO #013850
[e-mail]
BINGHAM McCUTCHEN LLP
One Federal Street
Boston, MA 02110-1726, U.S.A.
617.951.8000

Robert C. Bertin (pro hac vice)
[e-mail]
Susan Baker Manning (pro hac vice)
[e-mail]
BINGHAM McCUTCHEN LLP
2020 K Street, NW
Washington, DC 20006-1806, U.S.A.
202.373.6000
William F. Abrams (pro hac vice)
[e-mail]
BINGHAM McCUTCHEN LLP
1900 University Avenue
East Palo Alto, CA 94303-2223
650.849.4400

Skyhook Wireless, Inc.,

Dated: July __, 2011

By its attorneys,
Thomas F. Maffei (BBO 313220)
[e-mail]
Douglas R. Tillberg (BBO 661573)
[e-mail]
GRIESINGER, TIGHE & MAFFEI, LLP
176 Federal Street
Boston, Massachusetts 02110
617.542.9900

Morgan Chu (pro hac vice)
[e-mail]
John C. Hueston (pro hac vice)
[e-mail]
Samuel K. Lu (pro hac vice)
[e-mail]
Glenn K. Vanzura (pro hac vice)
[e-mail]
Lina F. Somait (pro hac vice)
[e-mail]
Linda C. Klein (pro hac vice)
[e-mail]

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IRELL & MANELLA LLP
1800 Avenue of the Stars, Suite 900
Los Angeles, California 90067-4276
310.277.1010

IT IS SO ORDERED.
Dated: _____________________
The Honorable Rya Zobel
Judge of the United States District Court

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