UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA NORFOLK/NEWPORT NEWS DIVISION Tuesday, October 30, 2012 MINUTES OF PROCEEDINGS IN Open Court PRESENT: THE HONORABLE RAYMOND A. JACKSON, U.S. DISTRICT JUDGE Deputy Clerk: P. Thompson Set: 10:00 a.m. Case No. Reporter: Sharon Borden, OCR (am) Jody Stewart, OCR (pm) Started: 10:00 a.m. Ended: 3:55 p.m. 2:11cv512 I/P Engine, Inc., Plaintiff/Counter Defendant v. AOL Inc., Google Inc., IAC Search & Media, Inc., Gannett Company, Inc., and Target Corporation, Defendants/Counter Claimants Attorney’s Kenneth Brothers, Jeffrey Sherwood, Dawn Rudenko, and W. Ryan Snow, appeared on behalf of the Plaintiff. Andrew Perlman, Corporate Representative present. Attorney’s David Nelson, David Perlson, David Bilsker, Emily O’Brien, Robert Wilson, Joshua Sohn, and Stephen Noona, appeared on behalf of defendants AOL, Inc., Google Inc., IAC Search & Media, Inc., Gannett Company, Inc., and Target Corporation. Matter came on for trial by jury (Day #10). Petit jurors (9) appeared pursuant to adjournment last Friday 10/26/12. Defendants continued presentation of evidence – witness testified. Objections heard and rulings made on the record. Out of the presence of the jury, Court GRANTED Defendant’s #748 MOTION to Exclude And Preclude Plaintiff From Recalling Mr. Kosak As A Rebuttal Witness, stating ruling on the record. Defendant’s rest. Jurors excused until Wednesday, 10/31/12 at 10:00 a.m. (Lunch Recess: 1:00pm – 2:30pm) (continued on page 2) Case No. 2:11cv512 I/P Engine v. AOL Inc.,et. al. Continuation... (page 2) Out of the presence of the jury, Plaintiff’s Motions for a Judgment as a Matter of Law as to Validity, as to Damages, and as to Latches – Argued – Court takes matter under advisement. Out of the presence of the jury, Defendant’s Renewed their Motion for a Judgment as a Matter of Law. Court adjourned until Wednesday, 10/31/12 at 10:00 a.m.