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**E-Filed**
November 8, 2005
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
DIGITAL ENVOY, INC.,
Plaintiff,
v.
GOOGLE, INC.,
Defendant.
/
NO. 5:04-cv-1497 RS
ORDER GRANTING IN PART
AND DENYING IN PART
GOOGLE'S MOTION FOR
PARTIAL SUMMARY
JUDGMENT
I. INTRODUCTION
Defendant Google, Inc. ("Google") seeks partial summary judgment on the damages claims
asserted by plaintiff Digital Envoy, Inc. ("Digital"), arguing that the parties' November 30, 2000 License
Agreement ("Agreement") bars or circumscribes the amount of damages recoverable in this case. In
particular, Google asserts that the Agreement operates to permit recovery by an aggrieved party only
where the other party has engaged in "willful misconduct" and, in any event, the Agreement limits any
damages otherwise recoverable by Digital to twice the amount paid by Google under the terms of the
license. Google further argues that Digital is not entitled to recover damages pursuant to Cal. Civ. Code §
3426.3(a) because Digital cannot establish the requisite causal nexus between the alleged misuse of Digital's
proprietary technology and any gain enjoyed by Google. Digital responds that the Agreement does not bar
or limit the damages it may recover in this instance. Further, Digital contends it can establish advertisers
Case 5:04-cv-01497-RS Document 366 Filed 11/08/2005 Page 1 of 10
Digital Envoy Inc., v. Google Inc.,
Doc. 366
Dockets.Justia.com
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1 The background of this dispute has been discussed at some length in prior orders by this Court and need not be
reiterated here.
2
viewed Google's ability to geotarget advertisements as a valuable facet of the offered services, thereby
entitling Digital to recover damages for the unjust enrichment obtained by Google in its AdSense program