Skyhook Wireless, Inc. v. GOOGLE, INC.

Filing 38

Letter/request (non-motion) from Google, Inc.. (Manning, Susan)

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

July 13, 2011
Electronically Filed
Hon. Rya W. Zobel
United States District Court
for the District of Massachusetts
John Joseph Moakley U.S. Courthouse
1 Courthouse Way
Boston, Massachusetts 02210
Re:

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

Dear Judge Zobel:
I write to advise the Court of defendant and counterclaim-plaintiff Google Inc.’s position
with respect to the relief requested by plaintiff and counterclaim-defendant Skyhook
Wireless Inc. in its letter to the Court of Friday, July 8, 2011. Although not styled as a
motion, Skyhook’s letter asks the Court to enter, on an interim basis, the protective order
proposed by Google in its pending Motion For Entry of a Protective Order and
accompanying Memorandum of Law, and attached as Exhibit A thereto. See Dkt. Nos.
29 and 30. Skyhook further requests that the entry at this time of Google’s proposed
protective order not be viewed as prejudicial to the resolution of Google’s Motion or
Skyhook’s own pending Motion For Entry of a Protective Order. See Dkt. Nos. 31-33.
Google is amenable to entry of its proposed protective order, whether on either an interim
basis prior to the Court’s resolution of the pending cross-motions, or on a permanent
basis for the reasons set forth Google’s pending Motion and the accompanying
memoranda. Google recognizes and agrees that should the Court prefer to enter Google’s
proposed protective order while it further considers the appropriate scope of a patent
prosecution bar (which is the single disputed issue presented in the pending-cross
motions), this would not prejudice the Court’s consideration of that issue.
For the sake of the record, I must note that, notwithstanding any contrary suggestion,
Google has produced voluminous confidential documents to Skyhook that are available
for use in this action. See Exhibit C to Ms. Somait’s July 8 letter (noting production of
over 128,000 pages of documents in the related state case, including highly confidential
documents, which the parties have agreed are deemed produced in this action).

A/74434838.1

Hon. Rya Zobel
July 13, 2011
Page 2
I am, of course, available at Your Honor’s convenience should the Court require any
further information or assistance with regard to this matter.
Respectfully,

Susan Baker Manning
cc: Lina F. Somait, Esq., counsel for Skyhook Wireless, Inc.

A/74434838.1

CERTIFICATE OF SERVICE
I, Susan Baker Manning, hereby certify that this document filed through the EFC system
will be sent electronically to the registered participants as identified on the Notice of Electronic
Filing (NEF) on July 13, 2011.

/s/ Susan Baker Manning
Susan Baker Manning