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

Filing 512

Declaration re 511 Opposition, of Howard Chen in Support of Defendants' Opposition to Plaintiff's Daubert Motion, and Fourth Motion in Limine to Exclude Lyle Ungar's New Theory of Invalidity and Opinions Regarding Claim Construction by AOL Inc., 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)(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 HOWARD CHEN IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFF’S DAUBERT MOTION, AND FOURTH MOTION IN LIMINE, TO EXCLUDE LYLE UNGAR'S NEW THEORY OF INVALIDITY AND OPINIONS REGARDING CLAIM CONSTRUCTION I, Howard Chen, 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., Gannett Co., Inc., IAC Search & Media, Inc., and Target Corp. 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 Defendant Google Inc.'s Third Set of Interrogatories to Plaintiff, served February 17, 2012. 01980.51928/4985804.1 3. Attached hereto as Exhibit 2 is a true and correct copy of selected pages of Defendant Google Inc.'s Third Supplemental Response to Plaintiff's First Set of Interrogatories (Interrogatory No. 8), served July 2, 2012. 4. Attached hereto as Exhibit 3 is a true and correct copy of an email from Joshua Sohn to Plaintiff's counsel, dated July 17, 2012. 5. Attached hereto as Exhibit 4 is a true and correct copy of an email from Charles Monterio to Joshua Sohn, dated July 19, 2012. 6. Attached hereto as Exhibit 5 is a true and correct copy of an email from Joshua Sohn to Plaintiff's counsel, dated July 31, 2012. 7. Attached hereto as Exhibit 6 is a true and correct copy of an email from Emily O'Brien to Plaintiff's counsel, dated August 6, 2012. 8. Attached hereto as Exhibit 7 is a true and correct copy of selected pages from the transcript of the September 18, 2012 Hearing on Motions. 9. Attached hereto as Exhibit 8 is a true and correct copy of Plaintiff's Response and Objections to Google's Third Set of Interrogatories, served March 22, 2012. 10. Attached hereto as Exhibit 9 is a true and correct copy of selected pages of the transcript of the deposition of Donald Kosak, dated May 31, 2012. 11. Attached hereto as Exhibit 10 is a true and correct copy of selected pages of the transcript of the deposition of Dr. Lyle Ungar, dated September 23, 2012. 12. Attached hereto as Exhibit 11 is a true and correct copy of selected pages of the transcript of the deposition of Dr. Jamie Carbonell, dated September 21, 2012. 13. Plaintiff deposed the inventor of the Culliss reference on September 27 and questioned him at length about the additional passage cited at Dr. Ungar's deposition. 01980.51928/4985804.1 14. Attached hereto as Exhibit 12 is a true and correct copy of selected pages of the Report of Dr. Lyle Ungar Concerning Non-Infringement, served August 30, 2012. 15. Attached hereto as Exhibit 13 is a true and correct copy of selected pages of the transcript of the deposition of Dr. Lyle Ungar, dated September 22, 2012. I declare under penalty of perjury of the laws of the United States that the foregoing is true and correct. Dated: October 1, 2012 Howard Chen 01980.51928/4985804.1 DATED: October 1, 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 Google Inc., Target Corporation, IAC Search & Media, Inc., and Gannett Co., Inc. By: /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 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 Cortney S. Alexander FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP 3500 SunTrust Plaza 01980.51928/4985804.1 303 Peachtree Street, NE Atlanta, GA 94111 Telephone: (404) 653-6400 Facsimile: (415) 653-6444 Counsel for Defendant AOL Inc. 01980.51928/4985804.1 CERTIFICATE OF SERVICE I hereby certify that on October 1, 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. /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 11954194v1 01980.51928/4985804.1