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

Filing 85

REPLY to Response to Motion re 79 MOTION for Protective Order Barring Discovery of Non-Accused Products filed by Yahoo!, Inc.. (Attachments: # 1 Declaration of Jeffrey G. Homrig ISO Reply, # 2 Exhibit Exhibit 1 ISO Reply to Opp)(Homrig, Jeffrey)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION FUNCTION MEDIA, L.L.C., Plaintiff, v. GOOGLE, INC. and YAHOO!, INC., Defendants. § § § § § § § § § § § §

CIVIL ACTION NO. 2-07CV-279

DECLARATION OF JEFFREY G. HOMRIG IN SUPPORT OF YAHOO!, INC.'S REPLY TO PLAINTIFF'S OPPOSITION TO YAHOO!'S MOTION BARRING DISCOVERY INTO NON-ACCUSED TECHNOLOGY I, Jeffrey G. Homrig, declare: 1. I am an associate at Weil, Gotshal & Manges, LLP, which is counsel for

defendant, Yahoo!, Inc. ("Yahoo"), in this litigation. The facts stated herein are true of my own personal knowledge and, if called as a witness, I could and would testify competently thereto. 2. Attached as Exhibit 1 is a true and correct copy of excerpts from a

September 4, 2008 letter to Jeremy Brandon. / / / / / /

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief. Executed on April 24, 2009, at Redwood Shores, California. DATED: April 24, 2009 WEIL, GOTSHAL & MANGES LLP /s/ Jeffrey G. Homrig Jeffrey G. Homrig Matthew D. Powers [e-mail] Douglas E. Lumish [e-mail] Jeffrey G. Homrig [e-mail] WEIL, GOTSHAL & MANGES LLP Silicon Valley Office 201 Redwood Shores Pkwy. Redwood Shores, CA 94065 Tel: [phone] Fax: [phone] ATTORNEYS FOR DEFENDANT YAHOO!, INC.

2

CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a) on this April 24, 2009. As of this date, all counsel of record has consented to electronic service and are being served with a copy of this document through the Court's CM/ECF system under Local Rule CV-5(a)(3)(A). /s/ Jeffrey G. Homrig Jeffrey G. Homrig

3