Function Media, L.L.C. v. Google, Inc. et al
Filing
91
RESPONSE in Opposition re 83 MOTION to Compel DISCOVERY INTO NON-ACCUSED TECHNOLOGY filed by Yahoo!, Inc.. (Attachments: # 1 Declaration of M. Lane ISO Opposition to MTC, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18)(Lane, Michael)
Exhibit 14
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION
FUCTION MEDIA LLC
Plaintiff,
vs.
§ § Civil Action No. 2007-CV-279
GOOGLE INC. AND YAHOO!, INC.
Defendants.
§ § § § § § §
§
§ JURY TRIAL DEMANED
§
YAHOO!, INC.'S FIRST SUPPLEMENTAL OBJECTIONS AND RESPONSES TO PLAINTIFF'S SECOND SET OF INTERROGATORIES TO YAHOO!, INC. (No.9)
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendant and
Counterclaim Plaintiff Yahoo!, Inc. ("Yahoo!") hereby supplements its objections and responses
to Plaintiff's Second Set of Interrogatories, served by Plaintiff and Counterclaim Defendant
Function Media, LLC ("Function Media").
GENERAL OBJECTIONS
Yahoo! makes the following General Objections to Function Media's Second Set
of Interrogatories, which apply regardless of whether a General Objection is specifically
incorporated into the response.
1. Yahoo! objects to each interrogatory, definition, or instruction to the
extent it seeks or purports to impose obligations beyond or inconsistent with those imposed by
the Federal Rules of Civil Procedure, the applicable rules and orders of this Court, or any
stipulation or agreement of the paries in this action.
2. Yahoo! objects to Function Media's definition of "sales" as vague,
overbroad and unduly burdensome.
3. Yahoo! objects to Function Media's definition of "Accused Product" as
vague, overbroad and unduly burdensome, in par because the definition includes products,
systems, technologies, functionalities, and services not specifically disclosed in Function
Media's First Amended P.R. 3-1 Disclosures of Asserted Claims and Infringement Contentions.
4. Yahoo! objects to each interrogatory, definition, or instruction to the
extent it seeks information that is confidential, proprietary, and/or trade secret information of a
third pary that is in Yahoo!'s possession subject to an obligation to a third pary. Yahoo! wil
provide such information only to the extent it can do so consistent with its obligations to any
third paries.
5. Yahoo! objects to each interrogatory, definition, or instruction to the
extent it seeks information not within the possession, custody, or control of Yahoo!. Yahoo! wil
only provide relevant, non-privileged information that is within Yahoo!'s present possession,
custody, or control and available to Yahoo! after a reasonable investigation.
6. No objection or response made in this document shall be deemed to be an
admission by Yahoo! as to the existence or non-existence of responsive information or
documents, unless specifically so stated.
7. By makng the accompanying responses and objections to the
interrogatory, Yahoo! does not waive, and hereby expressly reserves, its right to assert any and
all objections as to the admissibility of such documents or information into evidence in this
action, or in any other proceeding, on any and all grounds, including, but not limited to
competency, relevancy, materiality, and privilege.
9. Yahoo! objects to each interrogatory, definition, or instruction to the
extent that it calls for information that is subject to the attorney-client privilege and/or work
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product immunity. Yahoo! does not intend to waive any applicable privilege or immunity by
these responses, and nothing herein shall be deemed to give rise to such a waiver.
SPECIFIC OBJECTIONS & RESPONSES
Subject to and without waiving its General Objections, Yahoo! further objects and
responds to Interrogatory NO.9 of Function Media's Second Set of Interrogatories (No.9) as
follows:
INTERROGATORIES
INTERROGATORY NO.9:
State all revenues, profits, financial data, and usage statistics derived from or
attributable in any way to usage, licensing, support, sales, maintenance, consulting, training
hosting, implementation, or customization associated with the Accused Products, any
functionality therein, or any other products or functionalities sold to or used by customers who
use the Accused Products. Your response should include data from 2002 until the present,
broken down annually and by quarter.
RESPONSE TO INTERROGATORY NO.9:
In addition to its General Objections, Yahoo! objects to this interrogatory to the
extent it calls for information that is subject to the attorney-client privilege and/or work product
immunity. Yahoo! further objects to this interrogatory as vague. Moreover, Yahoo! objects to
this interrogatory as overbroad and unduly burdensome. Yahoo! further objects to this
interrogatory to the extent it is not reasonably calculated to lead to the discovery of admissible
evidence, paricularly to the extent that it requests information regarding products, systems,
technologies, functionalities, and services not specifically disclosed in Function Media's First
Amended P.R. 3-1 Disclosures of Asserted Claims and Infringement Contentions. Further,
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DATED: February 20,2009
Respectfully submitted,
WEIL, GOTSHAL
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Douglas E. Lumish
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Matthew D. Powers (Bar. No. 104795) matthew. powers (f weil.com Douglas E. Lumish (Bar. No. 183863) doug.lumish (fweil.com WEIL, GOTSHAL & MANGES LLP Silicon Valley Office
201 Redwood Shores Pkwy.
Redwood Shores, CA 94065
Tel: 650.802.3000
Fax: 650.802.3100
Attorneys for Defendant Yahoo!, Inc.
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