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`Exhibit A
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`Case 1:14-cv-02396-PGG-SN Document 247-1 Filed 04/07/21 Page 2 of 3
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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF NEW YORK
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`NETWORK-1 TECHNOLOGIES, INC.
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`Plaintiff,
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`.
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`- against -
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`GOOGLE LLC and YOUTUBE, LLC
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`14 Civ. 2396 (PGG—SN)
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`14 Civ. 9558 (PGG—SN)
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`Defendants.
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`DECLARATION OF DEMARRON A. BERKLEY
`IN SUPPORT OF DEFENDANTS’ LETTER MOTION TO SEAL
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`I, Demarron A. Berkley, hereby declare under penalty of perjury under the laws of the
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`United States of America, that the following statements are true and correct to the best of my
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`knowledge.
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`1.
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`I am currently employed by Google LLC (“Google”) as Senior Litigation
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`Counsel.
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`I submit this declaration in support of Google and YouTube, LLC’s unopposed letter
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`motion to seal. I know the facts stated herein of my own personal knowledge. If called to testify
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`as a witness about them, I could and would do so competently and under oath.
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`2.
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`Google uses a particular internal financial measurement unit to track and allocate
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`costs. The conversion rate between that measurement unit and United States dollars is sensitive
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`non-public business information. The measurement unit itself derives from Google’s costs of
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`doing business, and the conversion rate would reveal information regarding those costs. Google
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`keeps the conversion rate confidential from third parties, and does not use it in external
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`reporting. Moreover, even within Google, the conversion rate between the internal financial
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`Case 1:14-cv-02396-PGG-SN Document 247-1 Filed 04/07/21 Page 3 of 3
`measurement unit and dollars is not disclosed to many Google employees. Making the
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`measurement unit’s conversion rate public would put Google at a competitive disadvantage
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`because competitors would be able to determine confidential information regarding Google’s
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`costs of doing business.
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`3.
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`The revenue figures associated with particular segments of Google’s YouTube
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`business also are sensitive non-public business information. In particular, Google does not report
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`or publish (internally or externally) the revenue related to US. instances of the Content ID
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`system. Revealing information, such as the implied royalty rates Google proposed to redact, that
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`would allow the public to calculate such figures would put Google at a competitive disadvantage
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`because competitors would be able to determine how much revenue is associated with certain
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`aspects of Google’s YouTube business.
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`Executed April 7, 2021 in Mountain View, California.
`7,1
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`Demarron A. Ber
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`y
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