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

Filing 111

Declaration re 109 Memorandum in Opposition, by Joshua Sohn by Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Noona, Stephen)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION I/P ENGINE, INC. Plaintiff, Civil Action No. 2:11-cv-512 v. AOL, INC., et al., Defendants. DECLARATION OF JOSHUA SOHN IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL COMPLIANCE WITH THE COURT’S SCHEDULING ORDER I, Joshua Sohn, 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. Attached hereto as Exhibit 1 is a true and correct copy of Plaintiff I/P Engine, Inc.’s Proposed Claim Terms for Construction served on March 14, 2012. 3. Attached hereto as Exhibit 2 is a true and correct copy of the Defendants’ Proposed Terms and Claim Elements for Construction served on March 14, 2012. 4. Attached hereto as Exhibit 3 is a true and correct copy of a letter from Charles Monterio dated March 15, 2012. 5. Attached hereto as Exhibit 4 is a true and correct copy of a letter from Emily O’Brien dated March 16, 2012. 6. Attached hereto as Exhibit 5 is a true and correct copy of an email chain containing emails from David Perlson, Kenneth Brothers, Stephen Noona, Charles Monterio, and Joshua Sohn, dated March 19, 2012 through March 27, 2012. 7. Attached hereto as Exhibit 6 is a true and correct copy of Defendants’ Preliminary Proposed Claim Terms and Proposed Constructions served March 21, 2012. 8. Attached hereto as Exhibit 7 is a true and correct copy of Plaintiff I/P Engine, Inc.’s Preliminary Proposed Claim Terms and Proposed Constructions served March 21, 2012. 9. Attached hereto as Exhibit 8 is a true and correct copy of a letter from Charles Monterio dated March 29, 2012. 10. Attached hereto as Exhibit 9 is a true and correct copy of an email from Joshua Sohn dated March 30, 2012. 11. Attached hereto as Exhibit 10 is a true and correct copy of a letter from Joshua Sohn dated April 3, 2012. 12. Attached hereto as Exhibit 11 is a true and correct copy of a letter from Joshua Sohn dated April 5, 2012. 13. Attached hereto as Exhibit 12 is a true and correct copy of a letter from Charles Monterio dated April 5, 2012. 14. Attached hereto as Exhibit 13 is a true and correct copy of an email from Joshua Sohn dated April 8, 2012. 15. Attached hereto as Exhibit 14 is a true and correct copy of an email from David Perlson dated April 9, 2012. 16. Attached hereto as Exhibit 15 is a true and correct copy of a letter from Charles Monterio dated April 9, 2012. 17. The parties met and conferred on April 4, 2012. During that meet and confer and in subsequent correspondence, Defendants made efforts to narrow their list of disputed terms further in an effort to reach agreement on a list of ten or fewer terms for the Court’s construction. As part of the meet and confer process, Defendants have agreed to withdraw the following proposed terms: “feedback system for receiving collaborative feedback data from system users relative to informons considered by such users”, “filtering the combined information for relevance to at least one of the query and the first user”, and “searching [for information relevant to a query associated with a first user].” Defendants agreed to seek construction of the word “combining,” as Plaintiff requested, rather than the larger phrases Defendants initially proposed. Defendants also agreed to drop two phrases containing “scanning a network” and to instead just construe the term “scanning a network,” as Plaintiff requested. Defendants have also agreed to Plaintiff’s proposed construction for “query.” 18. I declare under penalty of perjury of the laws of the United States that the foregoing is true and correct. Dated: April 9, 2012 Joshua Sohn 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