Digital Envoy Inc., v. Google Inc., - 220

Digital Envoy Inc., v. Google Inc., Doc. 220 Case 5:04-cv-01497-RS Document 220 Filed 07/06/2005 Page 1 of 4 1 P. CRAIG CARDON, Cal. Bar No. 168646 BRIAN R. BLACKMAN, Cal. Bar No. 196996 2 KENDALL M. BURTON, Cal. Bar No. 228720 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 3 Four Embarcadero Center, 17th Floor San Francisco, California 94111-4106 4 Telephone: 415-434-9100 Facsimile: 415-434-3947 5 6 TIMOTHY H. KRATZ (Admitted Pro Hac Vice) LUKE ANDERSON (Admitted Pro Hac Vice) 7 MCGUIRE WOODS, L.L.P 1170 Peachtree Street, N.E., Suite 2100 8 Atlanta, Georgia 30309 Telephone: 404.443.5500 9 Facsimile: 404.443.5751 10 Attorneys for DIGITAL ENVOY, INC. 11 12 13 14 DIGITAL ENVOY, INC., 15 16 v. Plaintiff/Counter defendant, DECLARATION OF SAM S. HAN IN SUPPORT OF DIGITAL ENVOY'S MOTION FOR PARTIAL SUMMARY JUDGMENT Date: August 10, 2005 Time: 9:30 a.m. Courtroom: 4, 5th Floor The Honorable Richard Seeborg UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C 04 01497 RS 17 GOOGLE, INC., 18 19 20 21 22 23 24 25 26 27 28 W02-SF:5BB\61460334.1 Defendant/Counterclaimant. -1- DEC. OF SAM S. HAN ISO DIGITAL ENVOY'S MOTION FOR PARTIAL SUMMARY JUDGMENT Dockets.Justia.com Case 5:04-cv-01497-RS Document 220 Filed 07/06/2005 Page 2 of 4 1 2 I, Sam S. Han, declare: 1. I am over twenty-one years of age and not under any legal disability. I have 3 personal knowledge of all facts set forth herein. I am an attorney at law, duly licensed to practice 4 in the State of Georgia and before the United States Patent and Trademark Office. I am an 5 attorney at McGuireWoods LLP, counsel of record for Digital Envoy in this matter. 6 2. Attached hereto as Exhibit A is a true and correct copy of the Product and 7 Electronic Database Evaluation and License Agreement that was produced in this action. 8 3. Attached hereto as Exhibit B is a true and correct copy of the Merriam-Webster 9 Online Dictionary. I downloaded the website and printed it on June 9, 2005. The source of the 10 site was: . 11 4. Attached hereto as Exhibit C is a true and correct copy of cited portions of the 12 Uniform Computer Information Transactions Act, approved for adoption in 2002. I downloaded 13 the Act and printed it on June 16, 2005. The source of the site was: 14 . 15 5. Attached hereto as Exhibit D is a true and correct copy of the Google Licenses Web 16 Search and Sponsored Links to Amazon.com press release, from April 3, 2003. I downloaded the 17 press release and printed it on June 16, 2005. The source for the site was: 18 . 19 6. Attached hereto as Exhibit E is a true and correct copy of the Google AdSense 20 Program Policies Internet page. I downloaded the Internet page and printed it on June 16, 2005. 21 The source for the site was: . 22 7. Attached hereto as Exhibit F is a true and correct copy of the Google Press Centre: 23 Product Descriptions Internet page. I downloaded and printed this on June 16, 2005. The source 24 of the site was: . 25 8. Attached hereto as Exhibit G is a true and correct copy of the Sample Contracts 26 and Business Forms - Advertising Services Agreement Internet page, dated April 14, 2003. I 27 downloaded and printed this on June 16, 2005. The source of the site was: 28 . W02-SF:5BB\61460334.1 -2- DEC. OF SAM S. HAN ISO DIGITAL ENVOY'S MOTION FOR PARTIAL SUMMARY JUDGMENT Case 5:04-cv-01497-RS Document 220 Filed 07/06/2005 Page 3 of 4 1 9. Attached hereto as Exhibit H is a true and correct copy of cited portions of the 2 Internet page titled Securities and Exchange Commission, Form 10-Q, Ask Jeeves, Inc., For the 3 Quarterly Period Ended June 30, 2002. I downloaded and printed this on July 6, 2005. The 4 source of the site was: . 7 10. Attached hereto as Exhibit I is a true and correct copy of the Internet page titled 8 Local Search Part 3: Google Gets Local with AdWords. I downloaded and printed this on July 6, 9 2005. The source of the site was: 10 . 11 11. Attached hereto as Exhibit J is a true and correct copy of the Internet page titled 12 Google AdSense. I downloaded and printed this on July 6, 2005. The source of the site was: 13 . 14 12. Attached hereto as Exhibit K is a true and correct copy of relevant portions of the 15 Certified Copy of the Transcript of the Deposition of Susan Wojcicki, taken on June 23, 2005, in 16 Palo Alto, California. 17 13. Attached hereto as Exhibit L is a true and correct copy of the document marked as 18 Exhibit 61 in the Certified Copy of the Transcript of the Deposition of Susan Wojcicki, taken on 19 June 23, 2005, in Palo Alto, California 20 I declare these things under penalty of perjury and under the laws of the United States of 21 America. Executed on July 6, 2005, at Atlanta, Georgia. 22 23 24 25 26 27 28 W02-SF:5BB\61460334.1 /s/ Sam S. Han SAM S. HAN -3- DEC. OF SAM S. HAN ISO DIGITAL ENVOY'S MOTION FOR PARTIAL SUMMARY JUDGMENT Case 5:04-cv-01497-RS Document 220 Filed 07/06/2005 Page 4 of 4 1 2 CERTIFICATION I, Brian Blackman, am the ECF User whose identification and password are being used to 3 file this Declaration of Sam S. Han in Support of Digital Envoy, Inc.’s Motion For Partial 4 Summary Judgment. In compliance with General Order 45.X.B., I hereby attest that Sam S. Han 5 has concurred in this filing. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W02-SF:5BB\61460334.1 DATED: July 6, 2005 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP By /s/ Brian Blackman P. CRAIG CARDON BRIAN R. BLACKMAN TIMOTHY H. KRATZ (Pro Hac Vice To Be Applied For) LUKE ANDERSON (Pro Hac Vice To Be Applied For) MCGUIRE WOODS, L.L.P 1170 Peachtree Street, N.E., Suite 2100 Atlanta, Georgia 30309 Telephone: 404.443.5706 Facsimile: 404.443.5751 Attorneys for DIGITAL ENVOY, INC. -4- DEC. OF SAM S. HAN ISO DIGITAL ENVOY'S MOTION FOR PARTIAL SUMMARY JUDGMENT