Polaris IP, LLC v. Google Inc. et al

Filing 221

MOTION for Leave to File Motion to Modify Protective Order by Yahoo!, Inc.. (Attachments: # 1 Text of Proposed Order)(White, Jason)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE, LLC, Plaintiff, vs. GOOGLE INC., et al., Defendants. Civil Action No. 2:07-cv-371-CE JURY TRIAL DEMANDED

MOTION FOR LEAVE TO FILE YAHOO! INC.'S MOTION TO MODIFY THE PROTECTIVE ORDER Defendant Yahoo! Inc. ("Yahoo") submits this motion for leave to file a motion to modify the protective order. The motion to modify the protective order explains the facts surrounding the necessity of modifying the protective order to protect Yahoo's confidential information in a way that will not prejudice plaintiff Bright Response, LLC. For this reason, Yahoo respectfully requests leave to file a motion to modify the protective order.

Dated: November 5, 2009

Respectfully Submitted, /s/ Jason White Jason C. White HOWREY LLP 321 N. Clark, Suite 3400 Chicago, IL 60654 Tel: [phone] Fax: [phone] Email: [e-mail] John F. Bufe Michael Jones Potter Minton 110 N. College St., Suite 500 P. O. Box 359

Tyler, Texas 75710 Tel: [phone] Fax: [phone] Email: [e-mail] Attorneys for Defendant Yahoo! Inc. CERTIFICATE OF SERVICE I certify that a copy of the foregoing document was served via CM/ECF on November 5, 2009 upon all counsel of record. /s/ Jason White Jason White

CERTIFICATE OF CONFERENCE Pursuant to Local Rule CV-7(h), Defendant Yahoo hereby certifies that its counsel has conferred, on numerous occasions, including on November 2, 2009, with Plaintiff Bright Response, including Andrew Weiss and John Bustamante, in a good faith to attempt to resolve this matter without the Court's intervention. There was no agreement because Plaintiff Bright Response's counsel wants to leave one port active on the source code computers. These discussions have conclusively ended in an impasse. Thus, Bright Response opposes this motion. /s/ Jason White Jason White /s/ John F. Bufe John F. Bufe