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

Filing 696

Proposed Voir Dire by I/P Engine, Inc.. (Snow, W. Ryan)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION __________________________________________ ) ) ) Plaintiff, ) v. ) ) AOL, INC. et al., ) ) Defendants. ) __________________________________________) I/P ENGINE, INC., Civ. Action No. 2:11-cv-512 PLAINTIFF I/P ENGINE, INC.’S PROPOSED VOIRE DIRE QUESTIONS Pursuant to the Court’s February 15, 2012 Scheduling Order (Dkt. No. 90) and Local Civil Rule 51, Plaintiff I/P Engine, Inc. (“I/P Engine”) hereby submits its Proposed Voire Dire Questions. I/P Engine reserves the right to modify and/or supplement its Proposed Voire Dire Questions based upon resolution of any outstanding motions. PROPOSED VOIR DIRE QUESTIONS 1. YOU HAVE BEEN GIVEN A LIST OF COMPANIES. A. DO YOU OR DOES ANYONE YOU KNOW WORK FOR ANY OF THESE COMPANIES? B. HAVE YOU OR HAS ANYONE CLOSE TO YOU EVER DONE BUSINESS WITH ANY OF THESE COMPANIES? C. DO YOU OR DOES ANYONE CLOSE TO YOU NOW HAVE, OR HAVE YOU OR THEY EVER HAD ANY FINANCIAL INTEREST IN ANY OF THESE COMPANIES? D. DO YOU HAVE ANY STRONG OPINIONS ABOUT ANY OF THESE COMPANIES? 2. YOU HAVE BEEN GIVEN A LIST OF ATTORNEYS AND LAW FIRMS INVOLVED IN THIS LITIGATION. DO YOU HAVE ANY PERSONAL KNOWLEDGE OF ANY OF THESE FIRMS OR ATTORNEYS? 3. YOU HAVE BEEN GIVEN A LIST OF THE INDIVIDUALS WHO MIGHT APPEAR AS WITNESSES IN THIS CASE. DO YOU KNOW ANY OF THESE INDIVIDUALS? 4. YOU HAVE BEEN GIVEN A LIST OF SUBJECT AREAS. HAVE YOU EVER TAKEN ANY COURSES IN, BEEN EMPLOYED IN OR HAD ANY EXPERIENCE WITH ANY OF THE LISTED AREAS? 5. HAVE YOU EVER SERVED AS A JUROR BEFORE? 6. HAVE YOU, A CLOSE RELATIVE, OR GOOD FRIEND EVER BEEN THROUGH BANKRUPTCY? 7. HAVE YOU, A CLOSE RELATIVE, OR GOOD FRIEND EVER WORKED FOR THE UNITED STATES GOVERNMENT? 8. HAVE YOU EVER SERVED IN THE CAPACITY OF A MANAGER OR SUPERVISOR AT WORK? 9. DO YOU HOLD ANY LEADERSHIP POSITIONS IN ANY SOCIAL, CIVIC, PROFESSIONAL OR RELIGIOUS GROUPS TO WHICH YOU BELONG? 10. HAVE YOU EVER BEEN SELF-EMPLOYED OR OWNED YOUR OWN BUSINESS? 11. DO YOU HAVE ANY EXPERIENCE IN ACCOUNTING OR BOOKKEEPING? DOCSNY-332039v01 12. WOULD YOU SAY THAT YOUR OPINION OF LARGE CORPORATIONS IS POSITIVE, NEGATIVE, OR THAT YOU DON’T HAVE AN OPINION ONE WAY OR THE OTHER ON THIS TOPIC? 13. DO YOU BELONG TO OR SYMPATHIZE WITH ANY ORGANIZATIONS THAT ADVOCATE TORT REFORM OR CHANGES IN THE JUDICIAL SYSTEM? 14. THIS CASE INVOLVES A CLAIM OF PATENT INFRINGEMENT. IS THERE ANYONE HERE WHO HAS A NEGATIVE OPINION ABOUT THESE TYPES OF CASES OR THE PEOPLE/COMPANIES THAT BRING PATENT INFRINGEMENT CASES? 15. DOES ANYONE HERE TEND TO DOUBT, OR JUST DOESN’T BELIEVE, THAT BIG COMPANIES WOULD, AND OFTEN DO, INFRINGE THE PATENT RIGHTS OF OTHER COMPANIES? IN OTHER WORDS, WOULD YOU BE RELUCTANT TO BELIEVE OR TEND NOT TO BELIEVE THAT A BIG COMPANY WOULD USE SOME OTHER COMPANY’S INVENTION WITHOUT PERMISSION? 16. HAVE YOU, A CLOSE RELATIVE, OR GOOD FRIEND EVER INVENTED ANYTHING? 17. HAVE YOU, A CLOSE RELATIVE, OR GOOD FRIEND EVER APPLIED FOR OR OWNED A PATENT? 18. DO YOU HAVE ANY NEGATIVE VIEWS ABOUT GOVERNMENT AGENCIES, LIKE THE UNITED STATES PATENT AND TRADEMARK OFFICE, AND THE WAY THAT THEY DO THEIR JOBS? 19. HAVE YOU, A CLOSE RELATIVE, OR GOOD FRIEND, EVER HELD A JOB WHICH INVOLVES WORK WITH PATENTS OR WITH PATENT LAWYERS? 20. DO YOU HAVE ANY POSITIVE OR NEGATIVE OPINIONS ABOUT TECHNOLOGY, PATENTS OR PATENTEES’ RIGHTS TO A MONOPOLY ON THEIR PATENTED TECHNOLOGY? IF YES, PLEASE EXPLAIN YOUR ANSWER. 21. DO YOU BELIEVE THAT AN INVENTOR WHO GETS A PATENT HAS A RIGHT TO MAKE MONEY FROM HIS PATENTED INVENTION? 22. IT IS NORMAL FOR PATENTS TO CHANGE HANDS; THEY ARE BOUGHT AND SOLD MUCH LIKE LAND OR HOUSES ARE BOUGHT AND SOLD. DOES ANYONE HAVE A PROBLEM OR CONCERN ABOUT A COMPANY BUYING A PATENT THEN SUING OTHER COMPANIES FOR INFRINGEMENT OF THAT PATENT? 23. DO YOU BELIEVE THAT THE PATENT SYSTEM DISCOURAGES INNOVATION? 24. HAVE YOU, A CLOSE RELATIVE, OR GOOD FRIEND EVER WORKED FOR A HIGH-TECHNOLOGY COMPANY? 2 DSMDB-3104905v1 25. HAVE YOU, A CLOSE RELATIVE, OR GOOD FRIEND EVER BEEN INVOLVED IN A CONFLICT OR DISPUTE PERTAINING TO THE OWNERSHIP OF AN IDEA OR PRODUCT? 26. THIS CASE INVOLVES CERTAIN ASPECTS OF TECHNOLOGY RELATING TO INTERNET SEARCH-ADVERTISING. BASED ON THAT DESCRIPTION, DO YOU KNOW ANYTHING ABOUT THE TECHNOLOGY IN THIS CASE? 27. HAVE YOU, A CLOSE RELATIVE, OR GOOD FRIEND EVER BEEN EMPLOYED IN OR BY A COMPANY THAT SPECIALIZES IN EITHER INTERNET SEARCH ENGINES, OR IN CREATING AND PLACING ADVERTISING ON THE INTERNET? 28. DO YOU OWN A COMPUTER THAT IS CONNECTED TO THE INTERNET? 29. HOW FREQUENTLY DO YOU USE INTERNET SEARCH ENGINES? 30. WHO HERE SHOPS ONLINE MORE THAN ONCE A MONTH? 31. HAVE YOU, A CLOSE RELATIVE, OR GOOD FRIEND EVER USED GOOGLE’S ADWORDS FOR INTERNET ADVERTISING? 32. HAVE YOU EVER DONE ANY COMPUTER PROGRAMMING OR WRITTEN ANY COMPUTER CODE? 33. DO YOU HAVE ANY NEGATIVE OPINIONS ABOUT COMPANIES THAT TURN TO THE COURTS TO HELP THEM RESOLVE BUSINESS DISPUTES? 34. IF THE EVIDENCE CALLED FOR AN AWARD OF A LARGE AMOUNT OF DAMAGES TO ONE COMPANY TO BE PAID BY ANOTHER COMPANY OR COMPANIES, AS A JUROR WOULD YOU HAVE A PROBLEM GIVING THIS AWARD? 35. DO YOU THINK THAT YOU WOULD HAVE A HARD TIME AWARDING AN AMOUNT OF DAMAGES OVER $100 MILLION, IF THE EVIDENCE SUPPORTED IT? 36. HAVE YOU OR ANY MEMBER OF YOUR FAMILY EVER BEEN INVOLVED IN A LAWSUIT, EITHER AS A PLAINTIFF, DEFENDANT OR WITNESS? IF YES, PLEASE A. IDENTIFY THE INDIVIDUAL, FIRM, CORPORATION OR GOVERNMENTAL BODY AGAINST WHOM THE CLAIM OR LAWSUIT WAS FILED. B. DESCRIBE THE NATURE OF THE CLAIM OR LAWSUIT. C. STATE THE APPROXIMATE DATE THEREOF. 3 DSMDB-3104905v1 D. DESCRIBE THE OUTCOME. E. STATE WHETHER THE PARTIES TO THE ACTION WERE TREATED FAIRLY. IF NOT, PLEASE SAY WHY. 37. DO YOU HARBOR ANY PREJUDICE OR BIAS WHICH MIGHT PREVENT YOU FROM SITTING AS A FAIR AND IMPARTIAL JUROR IN THIS CASE? 38. DURING THIS CASE, IF YOU FORMED AN OPINION, WOULD IT BE DIFFICULT FOR YOU TO KEEP AN OPEN MIND AND LISTEN TO THE OPINIONS OF OTHERS? 4 DSMDB-3104905v1 COMPANIES I/P Engine, Inc. AOL, Inc. Google, Inc. IAC Search & Media, Inc. Gannett Co., Inc. Target Corporation Innovate/Protect, Inc. Vringo, Inc. Hudson Bay Capital Management, LP ATTORNEYS AND FIRMS Dickstein Shapiro, LLP Jeffrey K. Sherwood Frank C. Cimino, Jr. Kenneth W. Brothers Charles J. Monterio, Jr. Dawn Rudenko Albert Leslie Jacobs, Jr. Jonathan Falkler James L. Ryerson Krista Carter Katie Scott Crenshaw, Ware & Martin PLC Donald C. Schultz W. Ryan Snow Steven Stancliff Quinn Emanuel Urquhart & Sullivan, LLP David L. Bilsker David A. Perlson Emily C. O’Brien Jennifer J. Ghaussy Joshua L. Sohn Antonio R. Sistos Howard Y. Chen Margaret P. Kammerud Robert Wilson Sarah Ugudo Jennifer A. Kash David A. Nelson 5 DSMDB-3104905v1 Kaufman & Canoles, P.C. Stephen E. Noona Finnegan, Henderson, Farabow, Garrett, & Dunner, LLP Robert L. Burns Cortney S. Alexander WITNESSES Andrew K. Lang Andrew D. Perlman Dr. Ophir Frieder Dr. Stephen L. Becker Dr. Jamie Carbonell Jonathan Alferness Gary Holt Donald M. Kosak Alexander R. Berger Derek Leslie-Cook Bartholomew Furrow Robert Hickernell Sanjay Datta James Maccoun Nicholas Fox Jonathan Diorio Mark Blais Stephen Kurtz James Christopherson Celia Denery Dr. Lyle Ungar Dr. Keith Ugone Gary Culliss Rubin Ortega Kevin Cotter Marie Bamford SUBJECT AREAS Computer science education or background Electrical engineering education or background Legal education or background Search engine/search advertising background 6 DSMDB-3104905v1 Dated: October 9, 2012 Respectfully submitted, /s/ Donald C. Schultz Donald C. Schultz (Virginia Bar No. 30531) W. Ryan Snow (Virginia Bar No. 47423) 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 Jeffrey K. Sherwood (Virginia Bar No. 19222) Frank C. Cimino, Jr. Kenneth W. Brothers Dawn Rudenko Albert Charles J. Monterio, Jr. DICKSTEIN SHAPIRO LLP 1825 Eye Street, NW Washington, DC 20006 Telephone: (202) 420-2200 Facsimile: (202) 420-2201 Counsel for Plaintiff I/P Engine, Inc. 7 CERTIFICATE OF SERVICE I certify that on the 9th day of October 2012, I will electronically file the foregoing with the Clerk of Court using the CM/ECF system, which will send electronic notification of such filing to the following: Stephen E. Noona, Esq. Kaufman & Canoles, P.C. 150 W Main St., Suite 2100 Norfolk, VA 23510 senoona@kaufcan.com David Bilsker, Esq. David Perlson, Esq. Quinn Emanuel Urquhart & Sullivan LLP 50 California Street, 22nd Floor San Francisco, CA 94111 davidbilsker@quinnemanuel.com davidperlson@quinnemanuel.com Robert L. Burns, Esq. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Two Freedom Square 11955 Freedom Drive Reston, VA 20190 robert.burns@finnegan.com Cortney S. Alexander, Esq. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP 3500 SunTrust Plaza 303 Peachtree Street, NE Atlanta, GA 94111 cortney.alexander@finnegan.com /s/ Donald C. Schultz 8