Google, Inc. v. Affinity Engines, Inc. Doc.

15
Case 5:05-cv-00598-JW Document 15 Filed 03/15/2005 Page 1 of 2

1 JAMES A. DIBOISE, State Bar No. 83296

(jdiboise@wsgr.com)
2 DAVID H. KRAMER, State Bar No. 168452
(dkramer@wsgr.com)
3 COLLEEN BAL, State Bar No. 167637
(cbal@wsgr.com)
4 WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
5 650 Page Mill Road
Palo Alto, CA 94304-1050
6 Telephone: (650) 493-9300
Facsimile: (650) 565-5100
7
Attorneys for Plaintiff
8 GOOGLE INC.

9
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
11
SAN FRANCISCO DIVISION
12

13
)
14 GOOGLE INC., a Delaware corporation, ) CASE NO.: C-05-00598 JW
)
15 Plaintiff, )
) OPPOSITION TO NOTICE OF
16 v. ) PENDENCY OF OTHER ACTION
)
17 AFFINITY ENGINES, INC., a Delaware ) Local Rule 3-13
corporation, )
18 ) Hon. James Ware
Defendant. )
19 )

20

21

22

23

24

25

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27

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2617193_2.DOC

GOOGLE’S OPPOSITION TO NOTICE OF PENDENCY OF OTHER ACTION

CASE NO. C 05-0598 JW (HRL)
Dockets.Justia.com
 Case 5:05-cv-00598-JW Document 15 Filed 03/15/2005 Page 2 of 2

1 On March 2, 2005, defendant Affinity Engines, Inc. (AEI) filed a Notice of Pendency of

2 Other Action. Pursuant to Local Rule 3-13(c), plaintiff Google Inc. (“Google”) hereby files this

3 opposition to AEI’s notice.

4 AEI is correct that there is a case entitled AEI v. Google et al., Case No. 104 CV 020368,

5 pending before Judge William J. Elfving in Santa Clara County Superior Court. However, the

6 current case raises different issues. In the state court case, AEI claims that it owns certain trade

7 secrets, embodied in software, that were misappropriated by Google, a Google subsidiary

8 (Orkut.com LLC), and a Google employee. AEI alleges claims for misappropriation of trade

9 secrets and a variety of other claims all based upon the alleged confidentiality of information

10 embodied in the software.1 In contrast, Google claims in the current case that AEI has infringed

11 Google’s federally-registered copyright, that AEI has wrongfully claimed ownership of Google’s

12 copyrighted material, and that Google is entitled to copyright remedies. The copyright claims at

13 issue in the current case are governed by federal law and are not at issue and/or cannot be resolved

14 by the state court.

15 As Google will explain in detail in its forthcoming opposition to AEI’s motion to stay this

16 action, the copyright issues in this case (1) provide exclusive federal jurisdiction; and (2) must be

17 addressed and determined first before any ruling on the state court trade secret claim can be made.

18 Accordingly, the federal action must proceed first, and AEI’s motion for a stay of this action

19 should be denied.

20 Dated: March 15, 2005 WILSON SONSINI GOODRICH & ROSATI

Professional Corporation
21

22 By: /s/ David H. Kramer

David H. Kramer
23
Attorneys for Plaintiff
24 GOOGLE INC.
25

26 1
Because AEI’s other state law claims are preempted by the Uniform Trade Secrets Act,
27 Google has noticed a motion in the state court case for dismissal of these other claims, which is
scheduled to be heard on June 2, 2005.
28

-1- 2617193_2.DOC
GOOGLE’S OPPOSITION TO NOTICE OF PENDENCY OF OTHER ACTION
CASE NO. C 05-0598 JW (HRL)