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

Filing 163

NOTICE by Google Inc., IAC Search & Media, Inc. re 106 Declaration,, 161 Order to Show Cause,,, 105 Memorandum in Support of Filing of Certain Unredacted and Further Redacted Materials in Response to Order to Show Cause (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit K, # 4 Exhibit L, # 5 Exhibit M, # 6 Exhibit N)(Noona, Stephen) Modified on 5/18/2012 to indicate that Exhibit 2 was previously removed on 5/11/12 by clerk due to personal identifiers contained therein) (ecav, ).

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. NOTICE OF FILING OF CERTAIN UNREDACTED AND FURTHER REDACTED MATERIALS IN RESPONSE TO ORDER TO SHOW CAUSE Google, Inc. (“Google”) and IAC Search & Media, Inc. (“IAC Search”), by counsel, provide notice of the filing of certain unredacted and further redacted materials in response to this Court’s Order to Show Cause dated May 3, 2012 (Dkt. No. 161). Defendants contend that portions of Exhibits M and N to the Declaration of Emily C. O’Brien in Support of Defendants Google Inc.’s and IAC Search & Media, Inc.’s Motion to Compel Plaintiff to Supplement its Infringement Contentions (Dkt. No. 106) contain data that is and should be kept confidential. In particular, Exhibits M and N include quotations from internal Google technical documents, which contain highly confidential information regarding Google’s accused products. This information is not generally known. Additionally, economic value could be derived from the disclosure of this information and such disclosure could cause competitive harm to Google. While Google originally requested that the entirety of Exhibits M and N be filed under seal, Google now proposes redacting only the highly confidential information from these exhibits and making public all portions that do not include Google highly confidential information. In camera copies of Exhibits M and N were provided to the Court, and proposed redacted versions of Exhibit M and Exhibit N are attached hereto. In light of Google’s concerns and the Protective Order, there appears to be no alternative that appropriately serves Google’s expressed confidentiality concerns other than to redact these exhibits as proposed by Google. Google therefore respectfully requests that the Court enter the Proposed Agreed Order attached as Exhibit 1 sealing Portions of Exhibits M and N to the O’Brien Declaration. Google and IAC Search hereby give notice of the filing of an unredacted, public copy of Exhibits K and L to the Declaration of Emily C. O’Brien (Dkt. No. 106) in Support of Defendants’ Brief in Support of its Motion to Compel Plaintiff to Supplement its Infringement Contentions. Google and IAC Search hereby also give notice of the filing of an unredacted, public copy of Defendants’ Brief in Support of Their Motion to Compel Plaintiff to Supplement its Infringement Contentions. (Dkt. No. 105, attached as Exhibit 2.) The parties have agreed that the referenced brief and exhibits may be filed in unredacted form and have attached an unredacted versions of Exhibit K, Exhibit L and Defendants’ Brief to be filed as part of the public record. Dated: May 10, 2012 /s/ Stephen E. Noona Stephen E. Noona KAUFMAN & CANOLES, P.C. 150 W. Main Street, Suite 2100 Norfolk, VA 23510 Telephone: (757) 624-3000 Facsimile: (757) 624-3169 David A. Perlson QUINN EMANUEL URQUHART & SULLIVAN LLP 50 California Street, 22nd Floor San Francisco, CA 94111 Telephone: (415) 875-6600 Facsimile: (415) 875-6700 Counsel for Defendants Google Inc., IAC Search & Media, Inc., Target Corp., and Gannett Company, Inc. 2 3 CERTIFICATE OF SERVICE I hereby certify that on May 10, 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 Counsel for Plaintiff, I/P Engine, Inc. Stephen E. Noona Virginia State Bar No. 25367 KAUFMAN & CANOLES, P.C. 150 W. Main Street, Suite 2100 Norfolk, VA 23510-1665 Telephone: (757) 624-3239 Facsimile: (757) 624-3169 senoona@kaufcan.com Counsel for AOL Inc., Google, Inc., Gannett Co., Inc., Target Corporation and IAC Search & Media, Inc. /s/ Stephen E. Noona Stephen E. Noona Virginia State Bar No. 25367 KAUFMAN & CANOLES, P.C. 150 W. Main Street, Suite 2100 Norfolk, VA 23510 Telephone: (757) 624-3000 Facsimile: (757) 624-3169 senoona@kaufcan.com 11697111_1.DOC 4