Polaris IP, LLC v. Google Inc. et al

Filing 220

SUR-REPLY to Reply to Response to Motion re 195 SEALED MOTION to Compel Production of Source Code per 219 filed by Yahoo!, Inc.. (Attachments: # 1 Affidavit, # 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)(White, Jason)

Polaris IP, LLC v. Google Inc. et al

Doc. 220 Att. 10

Exhibit 9

Dockets.Justia.com

12424 WILSHIRE BOULEVARD SUITE 1200 LOS ANGELES CALIFORNIA 90025 TELEPHONE [phone] FACSIMILE 310.826.6991

Andrew D. Weiss E-mail: [e-mail]

October 27, 2009 Via Email Jason C. White Howrey LLP 32 North Clark Street Suite 3400 Chicago, IL 60654-4717 Re: Dear Jason: In the course of our clients' inspection of the source code from Yahoo!, it has become apparent that source code for certain core functionality has not been produced by Yahoo! in this case. This source code should have been produced by Yahoo! over a year ago and my clients continue to be prejudiced by Yahoo!'s refusal to produce this code. For example, Yahoo! has refused to produce the following source code: · Yahoo!'s Toolbar and Web Browser: This code was originally produced but has apparently been removed from the inspection computer. This source code is relevant. Please put it back on the inspection computer. With respect to the web browser code, we are specifically requesting the source code that supports Yahoo!'s generic search engine webpage as well as the My Yahoo! personalized webpages. Yahoo! Mail: Bright Response's infringement contentions specifically mention functionality related to Yahoo! Mail but it does not appear as if Yahoo! has produced this source code. Yahoo!'s Click Server and associated software: This source code is relevant to tracing the functionality that occurs after a user's click. The documents that have been produced to date indicate that the data stored as result of these clicks are relevant to both nXn's and Bright Response's infringement claims. Bright Response v. Yahoo! Inc. et al.; nXn v. Yahoo! Inc. et al.

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Please produce the missing source code immediately. If you contend that the source code has already been produced, please let us know where it can found.

2995-0010 091027 LT nXn/Bright Missing Functionality.doc

Jason C. White October 27, 2009 Page 2

To the extent Yahoo! continues to refuse to produce this source code, nXn will include this fact in its Motion to Compel. Further, Bright Response will be advising the Court of Yahoo!'s continued failure to produce such code during the November 5, 2009 hearing on its Motion to Compel. Sincerely, Russ, August & Kabat /s/ Andrew D. Weiss ADW Andrew D. Weiss

2995-0010 091027 LT nXn/Bright Missing Functionality.doc