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

Filing 66

Joint MOTION for Leave to File Further Supplement to Their P.R. 3-3 and 3-4 Disclosures by Google, Inc., Yahoo!, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Walsh, Thomas)

EXHIBIT B

Google/Function Media: EOT for resp/obj to interrogatories

Page 1 of 1

Jason Wolff
From: Sent: To: Cc: Jeremy Brandon [[e-mail]] Tuesday, September 23, 2008 2:48 PM Jason Wolff; Christina D. Jordan; [e-mail] Max L. Tribble; Joseph S. Grinstein; Stacy Schulze; Thomas Walsh; [e-mail]

Subject: Function Media: Rogs, Logs, Supplementing, etc. Jason, Christy, and Jeff -I agree re the below. Let's extend our respective rog-response deadlines by 30 days. I'm assuming Yahoo wants an extension as well. Jeff? Re the Nancy Pimentel deposition, she can do any day during the last week of October except Friday. How about we do Tuesday, the 28th? Re log disputes, we agree to extend the deadline to November 17 or so. I spoke with Jeff a couple of weeks ago, and he was also agreeable. I believe Jeff was planning to draw up a motion to extend the log deadline in light of the fact that we're still waiting on a complete Yahoo log. Jeff? On the supplementing-the-invalidity-contentions issue, FM will consent to the requested supplementation if Defendants will consent to the supplementation of our infringement contentions as follows: 1. Per our complaint, we are now asserting the '059 and '587 against Yahoo in light of product development at Yahoo since service of our infringement contentions. 2. With respect to the already-asserted claims, we would like to supplement our infringement contentions in light of changes that Defendants have made to their respective products since service of our infringement contentions. Shall we agree to exchange supplementations on October 20? Jason -- we still don't agree with the confidential / attys' eyes only designations on your privilege log. As a compromise, would you agree that my clients can review the logs just as though they had never been designated (with the result that no patent-prosecution bar would obtain if they reviewed the logs)? I have no interest in showing your logs to anyone else and would agree not to do so. Jason -- what's your position on the source code memo that I sent a couple of weeks ago? Jeff -- per our discussion a couple of weeks ago, when can you make Yahoo's code available? jeremy 214.754.1938

From: Christina D. Jordan [mailto:[e-mail]] Sent: Monday, September 22, 2008 13:55 To: Jeremy Brandon Cc: Thomas Walsh; Jason Wolff Subject: Google/Function Media: EOT for resp/obj to interrogatories

Jeremy, Further to our conversation this morning, this will confirm that Function Media agrees to allow Google an additional 30 days to provide objections and responses to Function Media's First Set of Interrogatories, originally due on September 29, 2009. Google agrees to extend a similar 30-day extension for Function Media to provide responses and objections to Google's First Set of Interrogatories. Please confirm your agreement by return email. Thanks, Christy
Christina D. Jordan Fish & Richardson P.C. 500 Arguello St., Suite 500 Redwood City, CA 94063 650.839.5044 (direct) 650.839.5071 (fax)

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10/13/2008