Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Filing 209

MOTION TO CLARIFY THE AGREED PROTECTIVE ORDER re #170 Protective Order by Bedrock Computer Technologies, LLC. (Attachments: #1 DECLARATION OF JONATHAN R. YIM, #2 Exhibit A.1, #3 Exhibit A.2, #4 Exhibit A.3, #5 Exhibit A.4, #6 Text of Proposed Order)(Cawley, Douglas)

EXHIBIT A-2

quinn emanuel trial lawyers | silicon valley
555 Twin Dolphin Drive, 5th Floor, Redwood Shores, California 94065-2139 | TEL: [phone] FAX: [phone]

WRITER'S DIRECT DIAL NO. [phone] WRITER'S INTERNET ADDRESS [e-mail]

May 5, 2010 VIA ELECTRONIC MAIL J. Austin Curry MCKOOL SMITH, PC 300 Crescent Court, Suite 1500 Dallas, Texas 75201 [e-mail] Re: Bedrock Computer Techs. LLC v. Softlayer Techs., Inc et al., Civil Action No. 6:09-CV-269-LED (E.D. Tex.)

Dear Austin: I write concerning Bedrock's disclosure of additional experts, as per your letter of April 28, 2010. In particular, Google is concerned about, and hereby objects to, Bedrock's disclosure of its source code to any of these additional experts pursuant to the Protective Order. Additionally, now that Bedrock has disclosed more than two experts, Google respectfully reminds Bedrock of its special obligation to notify Defendants of which expert(s) will be given access to source code fourteen days in advance of any such inspection. As you are aware, under Paragraph 8(B)(ix) of the Protective Order in this case, only a maximum of two technical advisors, consultants or testifying experts may access any particular Defendants' source code. ("Plaintiff may have up to eighteen (18) individuals have access to the source code of nine (9) Defendants, however no more than two (2) individuals may have access to any one Defendant's [sic] source code") Bedrock's expert, Mr. Richard Smith, has already inspected Google's source code. Additionally, in your letter of April 20, 2010, you represented Bedrock's intent to allow Dr. David Martin to inspect Google's source code. If Bedrock has, in fact, already allowed Dr. Martin to inspect Google's source code, then Bedrock can no longer allow any other technical advisors, consultants or testifying experts to inspect Google's source code
quinn emanuel urquhart & sullivan, llp
LOS ANGELES | 865 South Figueroa Street, 10th Floor, Los Angeles, California 90017-2543 | TEL [phone] FAX [phone] NEW YORK | 51 Madison Avenue, 22nd Floor, New York, New York 10010-1601 | TEL [phone] FAX [phone] SAN FRANCISCO | 50 California Street, 22nd Floor, San Francisco, California 94111-4788 | TEL [phone] FAX [phone] CHICAGO | 500 W. Madison Street, Suite 2450, Chicago, Illinois 60661-2510 | TEL [phone] FAX [phone] LONDON | 16 Old Bailey, London EC4M 7EG, United Kingdo m | TEL [phone] FAX [phone] TOKYO | Akasaka Twin Tower Main Bldg., 6th Floor, 17-22 Akasaka 2-Cho me, Minato-ku, Tokyo 107-0052, Japan | TEL [phone] MANNHEIM | Erzbergerstraße 5, 68165 Mannheim, Germany | TEL [phone] FAX [phone]
FAX +81

3 5561-1712

J. Austin Curry May 5, 2010 without violating the Protective Order. Please confirm whether Dr. Martin has already inspected Google's source code. If he has, please also confirm that Bedrock has not allowed and will not allow any other expert to inspect Google's source code. Moreover, Google respectfully reminds Bedrock of its special notification obligation when it comes to source code inspections. Under Paragraph 8(B)(ix), Bedrock has an obligation to "identify all individuals who will be given access to the source code at least fourteen days prior to any inspection." This special notification obligation is separate and apart from the notification obligations of Paragraph 9. The notification obligation of Paragraph 8(B)(ix) is intended to provide Defendants with prospective assurance of Bedrock's compliance with the maximum disclosure limitation of Paragraph 8(B)(ix). Given that Bedrock has now disclosed more than two experts, Google must insist that Bedrock provide such prospective assurance, fourteen days in advance, by identifying the specific expert who will be permitted to inspect their source code. If Bedrock does not intend to have Dr. Martin inspect Google's source code, please confirm that Bedrock will provide such notification fourteen days in advance of providing any other expert access to inspect Google's source code. Very truly yours, /s/ Todd M. Briggs Todd M. Briggs
01980.51572/3484473.2

2