I/P Engine, Inc. v. AOL, Inc. et al

Filing 110

Declaration re 109 Memorandum in Opposition, of Emily O'Brien by Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Noona, Stephen)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION I/P ENGINE, INC. Plaintiff, v. Civil Action No. 2:11-cv-512 AOL, INC., et al., Defendants. DECLARATION OF EMILY O'BRIEN IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL COMPLIANCE WITH THE COURT’S SCHEDULING ORDER I, Emily O'Brien, declare as follows: 1. I am an attorney in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP and am counsel for Defendants IAC Search & Media, Inc., Gannett Co., Inc., Target Corporation, and Google Inc. in the above-captioned case. I provide this declaration upon personal knowledge and, if called upon as a witness, would testify competently as to the matters recited herein. 2. On April 9, the parties further discussed their claim construction issues during a meet and confer. Defendants noted that they believed the parties already had no more than 10 issues for the Court to address. Defendants further noted that they hoped to be able to reach agreement on Plaintiff’s proposals for the terms “informon” and “user,” as well as for the relevance terms. Counsel for Defendants agreed to discuss with their clients, and get back to Plaintiff as soon as possible. Given the hour, however, the Defendants could not do that, and also get their Opposition on file that night. Thus, Defendants asked if Plaintiff would be willing to agree to a one or two day extension of time for Defendants’ opposition to Plaintiff’s motion, in order to focus their attention on resolving the claim construction issues and providing proposals, rather than finalize their Opposition to Plaintiff’s motion. Defendants pointed out this extension would not prejudice Plaintiff, as no ruling on Plaintiff’s motion would be likely before the parties file their Opening Markman brief just a few days later. Nevertheless, Plaintiff refused, forcing Defendants to file their Opposition. 3. Even after Defendants told Plaintiff that they could not engage in further meeting and conferring on the claim construction terms the evening of April 9 because they needed to focus on finishing this brief, Plaintiff continued to press for agreement on its proposed constructions and also misrepresent the statements made by Defendants’ counsel regarding those constructions. 4. I declare under penalty of perjury of the laws of the United States that the foregoing is true and correct. Dated: April 9, 2012 Emily O'Brien DATED: April 9, 2012 /s/ Stephen E. Noona Stephen E. Noona Virginia State Bar No. 25367 KAUFMAN & CANOLES, P.C. 150 West Main Street, Suite 2100 Norfolk, VA 23510 Telephone: (757) 624.3000 Facsimile: (757) 624.3169 senoona@kaufcan.com Counsel for Google Inc., Target Corporation, IAC Search & Media, Inc., Gannet Co., Inc. and AOL, Inc. David Bilsker David A. Perlson QUINN EMANUEL URQUHART & SULLIVAN, LLP 50 California Street, 22nd Floor San Francisco, California 94111 Telephone: (415) 875-6600 Facsimile: (415) 875-6700 davidbilsker@quinnemanuel.com davidperlson@quinnemanuel.com Counsel for Google Inc., Target Corporation, IAC Search & Media, Inc., Gannet Co., Inc. CERTIFICATE OF SERVICE I hereby certify that on April 9, 2012, I will electronically file the foregoing with the Clerk of Court using the CM/ECF system, which will send a notification of such filing (NEF) to the following: Jeffrey K. Sherwood Kenneth W. Brothers DICKSTEIN SHAPIRO LLP 1825 Eye Street NW Washington, DC 20006 Telephone: (202) 420-2200 Facsimile: (202) 420-2201 sherwoodj@dicksteinshapiro.com brothersk@dicksteinshapiro.com Donald C. Schultz W. Ryan Snow Steven Stancliff CRENSHAW, WARE & MARTIN, P.L.C. 150 West Main Street, Suite 1500 Norfolk, VA 23510 Telephone: (757) 623-3000 Facsimile: (757) 623-5735 dschultz@cwm-law.cm wrsnow@cwm-law.com sstancliff@cwm-law.com Counsel for Plaintiff, I/P Engine, Inc. Stephen E. Noona Virginia State Bar No. 25367 KAUFMAN & CANOLES, P.C. 150 West Main Street, Suite 2100 Norfolk, VA 23510 Telephone: (757) 624-3000 Facsimile: (757) 624-3169 senoona@kaufcan.com Counsel for Google Inc., Target Corporation, IAC Search & Media, Inc., Gannet Co., Inc. and AOL, Inc. /s/ Stephen E. Noona Stephen E. Noona Virginia State Bar No. 25367 KAUFMAN & CANOLES, P.C. 150 West Main Street, Suite 2100 Norfolk, VA 23510 Telephone: (757) 624.3000 Facsimile: (757) 624.3169 senoona@kaufcan.com