Northeastern University et al v. Google, Inc.,

Filing 94

Joint MOTION to Enter Rule 502 Agreement by Google, Inc.,, Jarg Corporation, Northeastern University. (Attachments: # 1 Text of Proposed Order)(DeRose, Zeke)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION NORTHEASTERN UNIVERSITY and JARG CORPORATION Plaintiffs, Case No. 2:07-CV-486-CE v. GOOGLE INC. Defendant. JOINT MOTION TO ENTER RULE 502 AGREEMENT Plaintiffs Northeastern University and Jarg Corporation ("Northeastern and Jarg") and defendant Google Inc. ("Google") file this Joint Motion to Enter Rule 502 Agreement. A privilege dispute exists regarding certain documents and descriptions on the privilege logs for both Northeastern and Jarg and Google. Additionally, Google's subpoenas duces tecum to non-parties Kevin Fiur and IP Knowledge Ventures Inc., doing business as IP Tactics, raise further privilege issues. In an attempt to resolve these issues without the Court's intervention, Northeastern and Jarg now move the Court to enter an agreed order, attached as Exhibit A, that allows disclosure, without waiver, of privileged or protected information connected with the litigation pending before the Court under FED. R. EVID. 502(d). Under the agreement, Northeastern, Jarg, Kevin Fiur, and IP Knowledge Ventures Inc. will make available for inspection certain documents over which Northeastern, Jarg, Kevin Fiur, or IP Knowledge Ventures Inc. assert privilege, without waiving any privileges or exemptions that may apply to (1) the documents made available, (2) any information, communication, or mental impressions in the documents made available, (3) any documents, tangible things, electronically stored information, communications, mental impressions, or any other things listed

in the privilege logs, but not made available for Google's inspection, or (4) any documents that fall under the agreed order. The parties have agreed to this process to help resolve issues with Northeastern and Jarg's privilege log, as well as with privilege issues related to Kevin Fiur and IP Knowledge Ventures Inc. The agreed order does not apply to issues with Google's privilege log. The parties have conferred and agreed to the attached Rule 502 Order and respectfully request the Court enter the Order to help resolve the outstanding privilege issues. Respectfully submitted, /s/ Zeke DeRose, III William B. Dawson (TX SBN 05603600) Karen L. Hirschman (TX SBN 09721500) VINSON & ELKINS L.L.P. 2001 Ross Avenue, Suite 3700 Dallas, Texas 75201-2975 Tel: [phone] Fax: [phone] [e-mail], [e-mail] David B. Weaver (TX SBN 00798576) David P. Blanke (TX SBN 02453600) David R. Woodcock, Jr. (TX SBN 24028140) Christopher V. Ryan (TX SBN 24037412) Michael Valek (TX SBN 24044028) R. Floyd Walker (TX SBN 24044751) Stephen C. Stout (TX SBN 24060672) James D. Shead (TX SBN 24070609) Zeke DeRose, III (TX SBN 24057421) VINSON & ELKINS L.L.P. 2801 Via Fortuna, Suite 100 Austin, Texas 78746 Tel: [phone] Fax: [phone] [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail] /s/ Frank J. Albert Michael E. Jones (TX SBN. 10929400 POTTER MINTON A Professional Corporation 110 N. College, Suite 500 Tyler, Texas 75702 Tel: [phone] Fax: [phone] [e-mail] Ruffin B. Cordell (TX SBN 04820550) FISH & RICHARDSON P.C. 1425 K Street, N.W., 11th Floor Washington, DC 20005-3500 Telephone: [phone] Facsimile: [phone] [e-mail] Jason W. Wolff (CA SBN 215819) Frank J. Albert (Admitted pro hac vice) FISH & RICHARDSON P.C. 12390 El Camino Real San Diego, California 92130 Tel: [phone] Fax: [phone] [e-mail] [e-mail]

Otis W Carroll, Jr. (TX SBN 03895700) Collin Maloney (TX SBN 00794219) IRELAND CARROLL & KELLEY 6101 S Broadway, Suite 500 Tyler, TX 75703 Tel: [phone] Fax: [phone] [e-mail] Attorneys for Plaintiffs Northeastern University and Jarg Corporation, and for the Subpoenaed Non-Parties Kevin Fiur and IP Knowledge Ventures Inc. (d/b/a IP Tactics)

Howard G. Pollack (Admitted pro hac vice) Shelley Kay Mack (Admitted pro hac vice) Jerry T. Yen (CA SBN 247988) Enrique D. Duarte (Admitted pro hac vice) FISH & RICHARDSON P.C. 500 Arguello Street, Suite 500 Redwood City, CA 94063 Tel: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Defendant Google Inc.

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who are deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A). All other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by email and/or fax, on this the 14th day of September, 2010.

/s/Zeke DeRose, III Zeke DeRose, III

US 435672v.1