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

Filing 218

Declaration re 217 Opposition Of Emily O'Brien In Support Of Defendants' Opposition To Plaintiff's Motion For Discovery Sanctions by Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Noona, Stephen)

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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 C. O'BRIEN IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR DISCOVERY SANCTIONS I, Emily C. 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 Google Inc., IAC Search & Media, Inc., Gannett Co., Inc. and Target Corporation ("Defendants") 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 A is a true and correct copy of the parties' November 4, 2011 Stipulation. 3. Attached hereto as Exhibit B is a true and correct copy of the parties' draft discovery plan as of December 7, 2011. 4. Attached hereto as Exhibit C is a true and correct copy of an email from Margaret Kammerud dated January 17, 2012. 5. Attached hereto as Exhibit D is a true and correct copy of Google's Third Set of Interrogatories to I/P Engine, served February 17, 2012. 6. Attached hereto as Exhibit E is a true and correct copy of I/P Engine's Response to Google's Third Set of Interrogatories to I/P Engine, served March 22, 2012. 7. Attached hereto as Exhibit F is a true and correct copy of I/P Engine's First Set of Interrogatories to Google, served November 7, 2011. 8. Attached hereto as Exhibit G is a true and correct copy of Google's Response to I/P Engine's First Set of Interrogatories, served December 7, 2011. 9. Attached hereto as Exhibit H is a true and correct copy of I/P Engine's Second Supplemental Response to Google's First Set of Interrogatories, served May 11, 2012. 10. Attached hereto as Exhibit I is a true and correct copy of I/P Engine's Third Supplemental Response to Google's First Set of Interrogatories, served July 2, 2012. 11. Attached hereto as Exhibit J is a true and correct copy of selected pages of Plaintiff's Markman hearing PowerPoint presentation. 12. Attached hereto as Exhibit K is a true and correct copy of the transcript from the Court's Markman hearing. 13. Attached hereto as Exhibit L is a true and correct copy of Google's Third Supplemental Response to I/P Engine's First Set of Interrogatories, served July 2, 2012, and Exhibits A-7, A-8 and A-9 to this response. 14. Attached hereto as Exhibit M is a true and correct copy of I/P Engine's Second Preliminary Disclosure of Asserted Claims and Infringement Contentions as to Google AdWords and Google AdSense for Search, served February 17, 2012. 15. Attached hereto as Exhibit N is a true and correct copy of I/P Engine's Third Preliminary Disclosure of Asserted Claims and Infringement Contentions as to Google AdWords and Google AdSense for Search, served July 2, 2012. 16. Attached hereto as Exhibit O is a true and correct copy of an email chain between Joshua Sohn and Charles Monterio, with the most recent email dated July 19, 2012. 17. Attached hereto as Exhibit P is a true and correct copy of I/P Engine’s Preliminary Disclosure of Asserted Claims and Infringement Contentions as to Google AdWords and Google AdSense for Search, served November 7, 2011. 18. Google raised with the Court during a telephonic hearing Plaintiff's failure to provide a definite conception or reduction to practice date in its May 11, 2012 Second Supplemental Response to Google's First Set of Interrogatories, as required by the Court's Order. The Court invited Google to file a formal motion to compel in light of Plaintiff's failure to comply with the Court's Order. As a result of additional correspondence between the parties, and in an attempt to resolve the issue and avoid further motion practice, the parties agreed that Plaintiff would supplement its interrogatory again to comply with the Court Order. 19. On August 2 – one month after Defendants' July 2 supplementation and one week after service of the Invalidity Report of Defendants' Expert Dr. Ungar – Plaintiff stated that it wished to discuss Defendants' July 2 supplementation during a meet-and-confer already set for later that day on another issue. During this meet-and-confer, Plaintiff first stated its intention to strike the Bowman, Culliss, and Ryan references. I declare under penalty of perjury of the laws of the United States that the foregoing is true and correct. Dated: August 17, 2012 Emily C. O'Brien DATED: August 17, 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 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 Defendants GOOGLE INC., IAC SEARCH & MEDIA, INC., TARGET CORP., AND GANNETT CO., INC. CERTIFICATE OF SERVICE I hereby certify that on August 17, 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., AOL Inc. and Gannet Co., Inc. Robert L. Burns FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP Two Freedom Square 11955 Freedom Drive Reston, VA 20190 Telephone: (571) 203-2700 Facsimile: (202) 408-4400 Courtney S. Alexander FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP 3500 SunTrust Plaza 303 Peachtree Street, NE Atlanta, GA 94111 Telephone: (404) 653-6400 Facsimile: (415) 653-6444 Counsel for Defendant 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