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

Filing 523

Declaration re 521 Opposition, of Margaret P. Kammerud in Support of Defendants' Opposition to Plaintiff's Third Motion for Discovery Sanctions (Public Version) by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit L, # 2 Exhibit M, # 3 Exhibit N, # 4 Exhibit O, # 5 Exhibit P, # 6 Exhibit Q, # 7 Exhibit R)(Noona, Stephen)

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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 MARGARET P. KAMMERUD IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFF'S THIRD MOTION FOR DISCOVERY SANCTIONS 1, Margaret P. Kammerud, declare as follows: I. 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 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 L I is a true and correct copy of Plaintiffs Fifth Set of Interrogatories to Google, dated August I, 2012. 'his Declaration begins with reference to Exhibit L to avoid overlap in exhibit numbers with the Declaration of Jenni fer Ghaussy In Support of Defendants' Opposition to Plaintiffs "Second" Motion for Discovery Sanctions. 1 3. Attached hereto as Exhibit M is a true and correct copy of selected pages from the September 8, 2012 Deposition of Ophir Frieder, 4. Attached hereto as Exhibit N is a true and correct copy of Google's Response to Plaintiffs Fifth Set of Interrogatories, dated September 4, 2012. 5. Attached hereto as Exhibit 0 is a true and correct copy of Google's Supplemental Response to Plaintiffs Fifth Set of Interrogatories, dated September 14, 2012. 6. Attached hereto as Exhibit P is a true and correct copy of a chain of email correspondence between Jennifer Ohaussy, Jonathan Falkler, and Antonio Sistos, dated September 14 through September 19, 2012. 7. Attached hereto as Exhibit Q is a true and correct copy of selected pages from the August 3, 2012 Deposition of Bartholomew Furrow. 8. Attached hereto as Exhibit R is a true and correct copy of selected pages from the transcript of proceedings for the September 18, 2012 Hearing on Motions. 9. Shortly after Plaintiff filed its Complaint in this Action, Plaintiff and Google began to negotiate early production of Google's technical documents. When the parties first were negotiating this production, Plaintiff s counsel told Google that it was not interested in source code at that time. Instead, the parties stipulated that after Plaintiff provided preliminary infringement contentions and initial written discovery on November 7, Google would make an initial production of technical documents from its document repositories by December 7. Google provided these documents on December 7. 10. On July 25, Plaintiff served the expert report of Dr. Ophir Frieder, which was the deadline for Plaintiffs infringement report. On September 4, 2012, Plaintiff served the "Updated" Report of Dr. Frieder. This "Updated" Report was tl e first time that Dr. Frieder 2 identified as relevant to infringement. Immediately after receiving this Updated Report, Google researched internally to determine when 11. Plaintiff first reviewed the source code files it had requested from Google on July 13, 2012. Included within these source code files were1111 111111111111that Dr. Frieder identified for the first time in his September "Updated" Report. The very first page of the source SC-G-IPE-0000001. code printed by Plaintiff on July 13 states it was 12. Google served its objections to Plaintiffs Fifth Set of interrogatories on August 20, 2012. 13. On June 21, 2012, Plaintiff deposed Jonathan Alferness, Google's 3(0)(6) witness on technical topics. I declare under penalty of perjury of the laws of the United States that the foregoing is true and correct. Dated: October 1, 2012 Margaret P. Kammerud 3 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 kaufean.com David A. Perlson David Bilsker QUINN EMANUEL U tQUHART & 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: /5/ 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 4 Cortney S. Alexander F1NNLGAN, HENDERSON,PARABOW, 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. 5 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 (NU) to the following: Jeffrey K. Sherwood Kenneth W. I3rothers DICKSTEIN SHAPIRO LLP 1825 Eye Street NW Washington, DC 20006 Telephone: (202) 420-2200 Facsimile: (202) 420-2201 sherwoodj@dicksteinshapiro.com brothersk@dieksteinshapiro.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@ewm-law.cm wrsnow@cwm-law.com sstancliffgewm-law.com Counsel fbr Plaintrf f 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@kaufean.com 6