Function Media, L.L.C. v. Google, Inc. et al

Filing 120

MOTION for Protective Order to Preclude Depositions by Google, Inc.. (Attachments: # 1 Affidavit in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Text of Proposed Order)(Anderson, Carl)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION FUNCTION MEDIA, L.L.C., v. GOOGLE INC. AND YAHOO!, INC. GOOGLE INC.'S FIRST SUPPLEMENTAL INITIAL DISCLOSURES PURSUANT TO FED. R. CIV. P. 26(a)(1) Google provides its first supplemental initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) and the Court's January 24, 2008 Discovery Order based on the information reasonably available to Google at this time. Google reserves its right to supplement these disclosures in the future. By making these disclosures, Google does not intend to waive any applicable privilege or work product protection and expressly reserves its right to object to the production of any of the information identified herein on those grounds. Google also reserves its right to object to the admissibility of any of the information disclosed below. Google is only supplementing specific sections of its Initial Disclosures below and continues to rely on its Initial Disclosures served on March 24, 2008 to the extent not supplemented below. D. Individuals Likely to Have Discoverable Information Civil Case No. 2:007-CV-279 (CE)

At this time, Google believes the following individuals are likely to have discoverable information that Google may use to support its claims and/or defenses. Some of the individuals identified below are Google employees or were Google employees during the relevant time period when they may have gained knowledge regarding the identified subjects. Plaintiffs may contact them only through Google's attorneys of record.

GOOGLE INC.'S FIRST SUPPLEMENTAL INITIAL DISCLOSURES - Page 1

Name Virtual Cities, LLC and/or Virtual Cities Inc.

Contact Information Known to plaintiff

O.N.S., Inc.

Known to plaintiff

Michael Coker, Esq. Lucinda Stone

Known to plaintiff Known to plaintiff

Michael Dean

Known to plaintiff

Kenneth S. Roberts, Esq. Henry Croskell, Esq. Orrick, Herrington & Sutcliffe LLP Arnold Behrman

Known to plaintiff Known to plaintiff Known to plaintiff

301 Pleasant Valley Rd. Morganville, NJ 07751 [phone] DoubleClick Inc. (current and A company recently acquired former employees and related by Google Inc., contact may entities, e.g., NetGravity, L90) be made through counsel for Google Inc. Microsoft Corporation (current One Microsoft Way and former employees and related Redmond, WA 98025 entities, e.g., Accipiter, Atlas, [phone] Engage, Go Toast)

Subjects Patents-in-suit, prosecution, conception, reduction to practice, design, development, embodiments, licensing, commercial success, predecessors in interest Patents-in-suit, prosecution, conception, reduction to practice, design, development, embodiments, licensing, commercial success, predecessors in interest Patents-in-suit, predecessors in interest Patents-in-suit, prosecution, conception, reduction to practice, design, development, embodiments, licensing, commercial success, predecessors in interest Patents-in-suit, prosecution, conception, reduction to practice, design, development, embodiments, licensing, commercial success, predecessors in interest Prior art, prosecution of patents-in-suit Prosecution of patents-in-suit Prior art, prosecution of patents-in-suit Prior art, prosecution of patents-in-suit Prior art

Prior art, Internet Explorer APIs, commerce server products

GOOGLE INC.'S FIRST SUPPLEMENTAL INITIAL DISCLOSURES - Page 2

Name CMGI Corporate (current and former employees and related entities, e.g., Accipiter, AdForce, AdKnowledge, Engage, ClickOver, Flycast Communications, FocalLink Media Services) Mozilla Foundation

Contact Information 11000 Winter Street, Suite 4600 Waltham, MA 02451 [phone]

Subjects Prior art

1981 Landings Drive Building K Mountain View, CA 94043 [phone] 1515 Broadway New York, NY 10036 [phone] 3 Park Avenue, 17th Fl. New York, NY 10016 [phone] Represented by: David S. Greenberg Davis & Gilbert LLP 1740 Broadway New York, NY 10019 [phone] Witness address is: 125 Park Avenue New York, NY 10017 [phone] 116 East 27th Street, 7th Floor New York, NY 10016 [phone] 116 Sheridan Avenue The Presidio of San Francisco San Francisco, CA 94129 [phone] 437 Madison Avenue New York, NY 10022 [phone] 701 First Street Sunnyvale, CA 94089 [phone] Post Office Box 25472 Dallas, TX 75225

Mozilla FireFox APIs

Association for Computing Machinery (ACM) IEEE

Prior art

Prior art

WPP Group plc (current and former employees and related entities, e.g., 24/7 Media, Real Media)

Prior art

Internet Advertising Bureau Internet Archive

Prior art Prior art

Omnicom Group (current and former employees and related entities, e.g. BBDO) Yahoo! Inc. (current and former employees and related entities, e.g. , Overture Services, GoTo.com, etc.) Match.com (current and former employees and related entities,

Prior art Prior art

Prior art

GOOGLE INC.'S FIRST SUPPLEMENTAL INITIAL DISCLOSURES - Page 3

Name e.g. Electric Classifieds, Inc. Amazon.com, Inc. (current and former employees and related entities) Travelocity.com, L.P. (current and former employees and related entities) Expedia, Inc. (current and former employees and related entities) Information Access Technologies, Inc. (current and former employees and related entities) Newspaper National Network LP (current and former employees and related entities) Nestor, Inc. (current and former employees and related entities, including Nestor Interactive and Peter Schofield) ad pepper media USA, LLC

Contact Information [phone] 1200 12th Ave., S, Ste. 1200 Seattle, WA 98144 [phone] 3150 Sabre Drive Southlake, TX 76092 [phone] 3150 139th Ave., SE Bellevue, WA 98005 [phone] 1500 Oliver Road, Ste. K Fairfield, CA 94534 [phone] 20 W. 33rd Street New York, NY 10001 [phone] 42 Oriental Street Providence, RI 02908-3238 [phone] 108 West 39th Street Suite 1000 10018 New York [phone] Frankenstraße 150 C FrankenCampus 90461 Nürnberg 49 (0) 911/ 92 90 57-0 Represented by counsel for Google Inc. P.O. Box 2075 Upper Darby, PA 19082 [phone] 4553 Glencoe Ave., Ste. 300 Marina del Rey, CA 90292 [phone] 800 Connecticut Ave., Norwalk, CT 06854 2536 College Avenue, #4A Berkeley, CA 94704 [phone] Represented by counsel for Google Inc.

Subjects Prior art Prior art Prior art Prior art

Prior art Prior art

Prior art

ad pepper media International N.V. (Ulrich Schmidt) Eclipse Services (Jeanette MacNeille)

Prior art

Prior art

AdStar, Inc. (current and former employees including Eli Rousso) Priceline.com, Inc. Arthur Britto Christopher Evans (formerly with Accipiter)

Prior art Prior art Prior art Prior art

GOOGLE INC.'S FIRST SUPPLEMENTAL INITIAL DISCLOSURES - Page 4

Name

Roy Fielding (formerly with Apache Software Foundation)

Contact Information 8354 Six Forks Road, #204 Raleigh, NC 27615 [phone] Represented by counsel for Google Inc. 80 Corsica Drive Newport Beach, CA 92660 [phone] Represented by counsel for Google Inc. 2536 Santa Ana, #2 Costa Mesa, CA 92627 [phone] Represented by counsel for Google Inc. 267 Kelton Avenue San Carlos, CA 94070 [phone] Represented by counsel for Google: 3111 20th Street, N. C542 Arlington, VA 22201 [phone] 1205 Drake Avenue Burlingame, CA 94010 [phone] Google Inc. Google Inc. Google Inc. Google Inc. Google Inc. Google Inc. Google Inc. Google Inc. Google Inc.

Subjects

Prior art

Sandilee Mathers (formerly with AdForce, Inc.)

Prior art

Andrew Schulz (formerly with AdKnowledge, Inc.)

Prior art

Robbin Zeff

Prior art

Tom Shields (formerly with NetGravity) Phillip Lindsay (Software Engineer, formerly with AdForce, Inc.) Mark Scheele (formerly with AdForce, Inc.) Brian Axe (Product Management Director) Richard Holden (Product Management Director) Adam Leader (Product Manager) Angela Lai (Uber Tech Lead) Scott Bonneau (Tech Lead/Manager) Jeffrey Dean (Google Fellow) Peter Kappler (Staff Software Engineer)

Prior art Prior art Prior art Accused products Accused products Accused products Accused products Accused products Accused products Accused products

GOOGLE INC.'S FIRST SUPPLEMENTAL INITIAL DISCLOSURES - Page 5

Name Sridhar Ramaswamy (Engineering Director) Jason Miller (PM) Chad Steelberg (formerly with AdForce, Inc.) Fair Isaac (current and former employees and related entities, including Aptex Software Inc.) Greg Meinke (Sr. Software Engineer, formerly with AdForce, Inc.) MediaSpan (current and former employees of Baseview Products Inc., including possibly Mark Best)

Contact Information Google Inc. Google Inc. 101 Academy, Ste. 110 Irvine, CA 92617 901 Marquette Ave. Ste. 3200 Minneapolis, MN 55402 [phone] Google Inc. Represented by: John M. Guaragna DLA Piper US LLP 1221 S. Mopac Expressway Ste. 400 Austin, TX 78746 [phone] Witness address is: 333 Jackson Plaza Ann Arbor, MI 484103 [phone] 3254 N Dancer Rd. Dexter, MI 48130 [phone] 3302 N Dancer Rd. Dexter, MI 48130 [phone] 1288 Bird Rd. Ann Arbor, MI 48103 [phone] 638 Cromwell Way Lexington, KY 40503 [phone] 108 Chaves Ave. San Francisco, CA 94127 [phone] 101 Academy, Ste. 110 Irvine, CA 92617 722 South Main PO Box 309 Stowe, VT 05672 [phone]

Subjects Accused products Accused products Prior art Prior art

Prior art Prior art

Jack Rosensweig (formerly with MediaSpan/Baseview Products, Inc.) Peter Johnson (formerly with MediaSpan/Baseview Products, Inc.) James Meyer (formerly with MediaSpan/Baseview Products, Inc.) Ragan Montemayor (formerly with MediaSpan/Baseview Products, Inc.) Paul Nakada (formerly with NetGravity) Ryan Steelberg (formerly with AdForce, Inc.) Sterling Valley Systems, Inc.

Prior art Prior art Prior art Prior art Prior art Prior art Prior art

GOOGLE INC.'S FIRST SUPPLEMENTAL INITIAL DISCLOSURES - Page 6

Name TMA E-Marketing Karen Delfau (Manager, Software Engineer, formerly with DoubleClick) Kenneth Jensen (Senior Account Manager, formerly with DoubleClick) Steve Rupp (MTS, Senior Staff Software Engineer, formerly with DoubleClick) Russ Seligman (formerly with NetGravity)

Contact Information 5509 Eden Prairie Road Minnetonka, MN 55345 [phone] Google Inc. Google Inc. Google Inc. Represented by counsel for Google Inc. 4207 Highview Drive San Mateo, CA 94403 [phone] Google Inc. Google Inc. Google Inc. Google Inc. Google Inc. Google Inc. Google Inc. Google Inc. Google Inc. Google Inc. Google Inc. Google Inc. Google Inc. Google Inc. Google Inc.

Subjects Prior art Prior art Prior art Prior art Prior art

Greg Tagaris (Director, Software Engineering, formerly with DoubleClick) Alex Kinnier (Group Product Manager) Andrew Poon (Lead PM) Bhavesh Mehta (Engineering Director) Dominic Preuss (Product Manager) Gokul Rajaram (Product Manager Director) Maneesh Arora (Product Manager) Pete Koomen (Associate Product Manager) Rama Ranganath (Staff Software Engineer) Rohit Dhawan (Sr. Product Manager) Jennifer Su (Account Associate) Leo Dilem (Account Strategist) Geoffrey Vitt (Team Lead) Anna Khesed (Platforms Marketing) Nic Bennett (Account Strategist)

Prior art Accused products Accused products Accused products Accused products Accused products Accused products Accused products Accused products Accused products Virtualcites.com account Virtualcites.com account Virtualcites.com account Virtualcities.com account Virtualcities.com account

GOOGLE INC.'S FIRST SUPPLEMENTAL INITIAL DISCLOSURES - Page 7

Name James Cole (Sales Representative) Pauline Samson (formerly with Customer Support) Dated: August 27, 2008

Contact Information Google Inc. Google Inc.

Subjects Virtualcities.com account Virtualcities.com account

Respectfully submitted, FISH & RICHARDSON P.C. By: /s/ Jason W. Wolff Juanita R. Brooks - Lead Attorney (CA SBN 75934) E-mail: [e-mail] Jason W. Wolff (CA SBN 215819) E-mail: [e-mail] Fish & Richardson P.C. 12390 El Camino Real San Diego, CA 92130 Telephone: [phone] Facsimile: [phone] Thomas B. Walsh, IV Texas Bar No. 00785173 E-mail: [e-mail] Fish & Richardson P.C. 5000 Bank One Center 1717 Main Street Dallas, TX 75201 Telephone: [phone] Facsimile: [phone] Harry L. Gillam, Jr. Texas Bar No. 07921800 E-mail: [e-mail] Melissa R. Smith Texas Bar No. 24001351 E-mail: [e-mail] GILLAM & SMITH, L.L.P. 303 South Washington Avenue Marshall, TX 75670 Telephone: [phone] Facsimile: [phone] Counsel for Defendant and Counter-Claimant GOOGLE INC.

GOOGLE INC.'S FIRST SUPPLEMENTAL INITIAL DISCLOSURES - Page 8

CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served on counsel of record via electronic means as agreed by the parties on August 27, 2008. /s/ Jason W. Wolff Jason W. Wolff

GOOGLE INC.'S FIRST SUPPLEMENTAL INITIAL DISCLOSURES - Page 9