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

Filing 840

Declaration re 837 Memorandum in Support, of Jeffrey K. Sherwood by I/P Engine, Inc.. (Sherwood, Jeffrey)

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 DECLARATION OF JEFFREY K. SHERWOOD IN SUPPORT OF I/P ENGINE INC.’S MOTION FOR JUDGMENT UNDER RULE 52(B) AND A NEW TRIAL UNDER RULE 59 I, Jeffrey K. Sherwood, declare as follows: 1. I am a partner with the law firm of Dickstein Shapiro LLP, 1825 Eye Street N.W., Washington, DC 20006 and am counsel for Plaintiff I/P Engine, Inc. (“I/P Engine”) in the abovecaptioned litigation. I have personal knowledge of the facts stated herein. 2. I attended the October 9 pretrial conference held in Norfolk, Virginia. The hearing was not transcribed. At the October 9 pretrial conference, the Court indicated that it would not submit the issue of laches to the jury, but that the Court instead would decide the issue. The Court observed that it might be possible to elicit certain laches-related evidence from witnesses in front of the jury, but that other laches-related evidence would be received outside of the presence of the jury. The Court did not indicate when it would take this evidence or when the record on the non-jury issues would be complete. The Court did not indicate that it would rule on laches before all evidence had been submitted or prior to the case being submitted to the jury. I understood that the Court would accept laches evidence after the jury’s verdict and that the Court would then rule on laches. I declare under penalty of perjury that the foregoing is true and correct. Dated: December 18, 2012 By: /s/ Jeffrey K. Sherwood Jeffrey K. Sherwood 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. 2 CERTIFICATE OF SERVICE I hereby certify that on this 18th day of December, 2012, the foregoing DECLARATION OF JEFFREY K. SHERWOOD IN SUPPORT OF I/P ENGINE INC.’S MOTION FOR JUDGMENT UNDER RULE 52(B) AND A NEW TRIAL UNDER RULE 59, was served via the Court’s CM/ECF system, on the following: Stephen Edward Noona Kaufman & Canoles, P.C. 150 W Main St Suite 2100 Norfolk, VA 23510 senoona@kaufcan.com David Bilsker David Perlson Quinn Emanuel Urquhart & Sullivan LLP 50 California Street, 22nd Floor San Francisco, CA 94111 davidbilsker@quinnemanuel.com davidperlson@quinnemanuel.com Robert L. Burns Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Two Freedom Square 11955 Freedom Drive Reston, VA 20190 robert.burns@finnegan.com Cortney S. Alexander Finnegan, Henderson, Farabow, Garrett & Dunner, LLP 3500 SunTrust Plaza 303 Peachtree Street, NE Atlanta, GA 94111 cortney.alexander@finnegan.com /s/ Jeffrey K. Sherwood 3