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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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`)
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`)
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`) C.A. No. 13-919-JLH
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`) REDACTED
`) PUBLIC VERSION
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`)
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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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`Confidential Version Filed: July 21, 2023
`Redacted Version Filed: July 26, 2023
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`Case 1:13-cv-00919-JLH Document 593 Filed 07/26/23 Page 2 of 2 PageID #: 59702
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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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`2
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