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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`ARENDI S.A.R.L.,
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`v.
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`GOOGLE LLC,
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`Plaintiff,
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`Defendant.
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`C.A. No. 13-919-JLH
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`DECLARATION OF DANIEL FOSTER IN SUPPORT OF NON-PARTY
`MICROSOFT CORP.’S UNOPPOSED MOTION TO SEAL PORTIONS OF
`THE TRIAL TRANSCRIPTS AND EXHIBITS
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`I, Daniel Foster, declare as follows:
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`1.
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`I am over the age of 18, a member in good standing of the bar of the States of
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`California and Washington, and am a Senior Corporate Counsel at Microsoft Corporation
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`(“Microsoft”), a position I’ve held since June 2019. If called as a witness, I could and would
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`testify competently to the information set forth in this declaration.
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`2.
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`I hereby submit this declaration in Support of Microsoft’s Unopposed Motion to
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`Seal Portions of the Trial Transcripts and Exhibits.
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`3.
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`I have reviewed the Settlement and License Agreement between Microsoft and
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`Plaintiff, Arendi S.A.R.L. (the “Microsoft Agreement”) and the Settlement and License
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`Agreement between Microsoft Multi-Modality Inc. (“MMI”) and Plaintiff, Arendi S.A.R.L.
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`(collectively, the “Microsoft Agreements”). I understand that they were marked as Exhibits PX-
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`75, PX-78, and DTX-971.
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`4.
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`The amount paid by Microsoft in the Microsoft Agreements is highly confidential
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`and protected business information. This information is not available to the public and was
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`expressly agreed upon with the condition that such information remain confidential.
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`Case 1:13-cv-00919-JLH Document 588 Filed 07/21/23 Page 2 of 4 PageID #: 59659
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`5.
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`Microsoft has an interest in keeping information relating to the terms on which it is
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`willing to settle from the public and would be seriously harmed if such information was publicly
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`disclosed. Disclosing the specific amount Microsoft was willing to pay in the Microsoft
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`Agreements would irreversibly hamper Microsoft’s bargaining power and its ability secure
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`favorable settlements and patent licensing agreements in the future. Microsoft’s bargaining
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`position would be undermined if hopeful licensors and/or litigants were aware of the terms
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`Microsoft had previously agreed to in similar settlement agreements. Further, the disclose of the
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`settlement/licensing sum would provide Microsoft’s competitors with highly confidential
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`information that they could use to compete with Microsoft to its disadvantage in the marketplace.
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`6.
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`Microsoft keeps the confidential information regarding its licensing and settlement
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`agreements, such as the Microsoft and MMI Agreements, secure and confidential in the ordinary
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`course of business. This information is, for example, maintained by Microsoft in secured servers,
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`in secured offices, access is limited within Microsoft, and has always been protected from public
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`disclosure to any third parties.
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`I declare under penalty of perjury under the laws of the United States of America that the
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`foregoing is true and correct.
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`Executed on July 21, 2023
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`/s/ Daniel Foster
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`Daniel Foster)
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`Case 1:13-cv-00919-JLH Document 588 Filed 07/21/23 Page 3 of 4 PageID #: 59660
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`CERTIFICATE OF SERVICE
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`I hereby certify that on July 21, 2023, copies of the foregoing were caused to be served
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`VIA ELECTRONIC FILING
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`VIA ELECTRONIC FILING
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`VIA ELECTRONIC FILING
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`VIA ELECTRONIC FILING
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`upon the following in the manner indicated:
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`Neal C. Belgam, Esquire
`Daniel Taylor, Esquire
`SMITH, KATZENSTEIN & JENKINS LLP
`1000 West Street, Suite 1501
`Wilmington, DE 19801
`Attorneys for Plaintiff Arendi S.A.R.L
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`Seth Ard, Esquire
`Max Straus, Esquire
`SUSMAN GODFREY LLP
`1301 Avenue of the Americas, 32nd Floor
`New York, NY 10019
`Attorneys for Plaintiff Arendi S.A.R.L
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`John Lahad, Esquire
`SUSMAN GODFREY LLP
`1000 Louisiana Street, Suite 5100
`Houston, TX 77002-5096
`Attorneys for Plaintiff Arendi S.A.R.L
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`Kalpana Srinivasan, Esquire
`SUSMAN GODFREY LLP
`1900 Avenue of the Stars, Suite 1400
`Los Angeles, CA 90067
`Attorneys for Plaintiff Arendi S.A.R.L
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`Kemper Diehl, Esquire
`SUSMAN GODFREY LLP
`401 Union Street, Suite 3000
`Seattle, WA 98101-3000
`Attorneys for Plaintiff Arendi S.A.R.L
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`David E. Moore, Esquire
`Bindu A. Palapura, Esquire
`Andrew L. Brown, Esquire
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Attorneys for Defendant Google LLC
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`Case 1:13-cv-00919-JLH Document 588 Filed 07/21/23 Page 4 of 4 PageID #: 59661
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`VIA ELECTRONIC FILING
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`VIA ELECTRONIC FILING
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`VIA ELECTRONIC FILING
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`VIA ELECTRONIC FILING
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`/s/ Karen Jacobs
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`Karen Jacobs (#2881)
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`Robert W. Unikel
`John Cotiguala
`Matt Lind
`PAUL HASTINGS LLP
`71 South Wacker Drive, Suite 4500
`Chicago, IL 60606
`Attorneys for Defendant Google LLC
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`Robert R. Laurenzi
`Chad J. Peterman
`PAUL HASTINGS LLP
`200 Park Avenue
`New York, NY 10166
`Attorneys for Defendant Google LLC
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`Ginger D. Anders
`MUNGER, TOLLES & OLSON LLP
`601 Massachusetts Avenue NW, Suite 500E
`Washington, D.C. 20001
`Attorneys for Defendant Google LLC
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`Vincent Y. Ling
`MUNGER, TOLLES & OLSON LLP
`350 S. Grand Avenue, 50th Floor
`Los Angeles, CA 90071
`Attorneys for Defendant Google LLC
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