IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division I/P ENGINE, INC., Plaintiff, v. Civil Action No. 2:11cv512 (RAJ-FBS) AOL INC., GOOGLE INC., IAC SEARCH & MEDIA, INC., GANNETT CO., INC. and TARGET CORPORATION Defendants. UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSES TO PLAINTIFF’S NOTICE OF CALCULATION OF PREJUDGMENT INTEREST AND MOTION FOR AN AWARD OF PREJUDGMENT INTEREST, POST-JUDGMENT INTEREST, AND SUPPLEMENTAL DAMAGES FOR DEFENDANTS’ POSTDISCOVERY/PRE-VERDICT INFRINGEMENT The Defendants AOL Inc. (“AOL”), IAC Search & Media, Inc. (“IAC Search & Media”), Gannett Co., Inc. (“Gannett”), Target Corporation (“Target”), and Google Inc. (“Google”) (collectively “Defendants”), by counsel, pursuant to Rule 7 of the Local Rules of Practice for the United States District Court for the Eastern District of Virginia, move this Court for entry of an order granting the Defendants an extension of time through and including November 29, 2012, in which to file their Response to Plaintiff’s Notice of Calculation of Prejudgment Interest (Dkt. No. 791) (“Notice of Calculation”) and Plaintiff’s Motion for an Award of Prejudgment Interest, Post-Judgment Interest, and Supplemental Damages for Defendants’ Post-Discovery/Pre-Verdict Infringement (Dkt. No. 792) (“Motion for Award of Prejudgment Interest”), and in support thereof state as follows: 1. Plaintiff filed its Notice of Calculation on November 7, 2012. Under Local Rule 7 and Fed. R. Civ. P. 6, Defendants’ response is due on November 21, 2012. 2. Plaintiff filed its Motion for Award of Prejudgment Interest on November 9, 2012. Under Local Rule 7 and Fed. R. Civ. P. 6, Defendants’ response is due on November 23, 2012. 3. The Defendants have requested, and the Plaintiff has agreed to, an extension through and including November 29, 2012, to file their response to the Plaintiff’s Motion for an Award of Prejudgment Interest, Post-Judgment Interest, and Supplemental Damages for Defendants’ Post-Discovery/Pre-Verdict Infringement. 4. Defendants will not oppose an extension until December 7, 2012, for Plaintiff to file its replies in support of its Notice of Calculation and Motion for Award of Prejudgment Interest. 5. Granting Defendants an extension through and including November 29, 2012, to file their responses to the Plaintiff’s Notice of Calculation and Motion for Award of Prejudgment Interest, and Plaintiff an extension through and including December 7, 2012 to file their replies in support of its Notice of Calculation and Motion for Award of Prejudgment Interest will not prejudice the parties. 6. Attached as Exhibit 1 is a proposed agreed order granting the Defendants through and including November 29, 2012 to file their response to the Plaintiff’s Notice of Calculation and Motion for Award of Prejudgment Interest, and granting Plaintiff through and including December 7, 2012 to file its replies in support of its Notice of Calculation and Motion for Award of Prejudgment Interest. The parties are circulating a copy of this agreed order and will deliver it to the Court for entry once endorsed. 2 WHEREFORE, the Defendants, by counsel, request that this Court enter the proposed agreed order attached as Exhibit 1 granting the Defendants through and including November 29, 2012 to file their response to Plaintiff’s Notice of Calculation and Motion for Award of Prejudgment Interest, and granting Plaintiff through and including December 7, 2012, to file its replies in support of its Notice of Calculation and Motion for Award of Prejudgment Interest. Dated: November 19, 2012 Respectfully submitted, /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 AOL Inc., Google Inc., IAC Search & Media, Inc., Gannett Co., Inc. and Target Corporation 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 3 Cortney 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. 4 CERTIFICATE OF SERVICE I hereby certify that on November 19, 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: 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 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 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 12058508v2 5