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

Filing 846

Joint MOTION for Extension of Time to File Response/Reply as to 825 MOTION for New Trial on the Dollar Amount of Past Damages, 833 MOTION for Judgment as a Matter of Law Renewed Motion For Judgment As A Matter Of Law On Damages Or A New Trial, 822 MOTION for an Award of Post-Judgment Royalties, 835 MOTION for Judgment under Rule 52(B) and a New Trial under Rule 59, 820 MOTION for Judgment as a Matter of Law Defendants Renewed Motion For Judgment As A Matter Of Law On Invalidity Or New Trial, 831 MOTION for Judgment as a Matter of Law Renewed Motion For Judgment As A Matter Of Law On Non-Infringement Or New Trial by AOL Inc., Gannett Company, Inc., Google Inc., I/P Engine, Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit 1)(Noona, Stephen)

Download PDF
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. JOINT MOTION AND MEMORANDUM IN SUPPORT OF JOINT MOTION FOR EXTENSION OF TIME TO FILE RESPONSES AND REPLIES TO POST-JUDGMENT MOTIONS FILED BY THE PARTIES 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”), and the Plaintiff, I/P Engine, Inc. (“I/P Engine”), by counsel, pursuant to Rule 7 of the Local Rules of Practice for the United States District Court for the Eastern District of Virginia, jointly move this Court for entry of an order granting the parties an extension of time to file both opposition briefs to and reply briefs in support of the various postjudgment motions filed by the parties, and in support thereof state as follows: 1. On December 18, 2012, the parties filed the following post-judgment motions (collectively, “Post-Judgment Motions”): A. By Defendants: • • Renewed Motion for Judgment as a Matter of Law on Invalidity or New Trial (Dkt. 820); Renewed Motion for Judgment as a Matter of Law on Non-Infringement or New Trial (Dkt. 831); and • B. Renewed Motion for Judgment as a Matter of Law on Damages or a New Trial (Dkt. 833); By Plaintiff: • • • Motion for an Award of Post-Judgment Royalties by I/P Engine, Inc. (Dkt. 822)1; Motion for New Trial on the Dollar Amount of Past Damages by I/P Engine, Inc. (Dkt. 825); Motion for Judgment under Rule 52(B) and a New Trial under Rule 59 by I/P Engine, Inc. (Dkt. 835). Under Local Rule 7 and Fed. R. Civ. P. 6, Oppositions to the Post-Judgment Motions are due on or before January 3, 2013, and Reply Briefs in Support of the Post-Judgment Motions are due on or before January 10, 2013. 2. Because of the interceding holidays, the parties have agreed to extend the date to file oppositions to Post-Judgment Motions through and including January 25, 2013, and the date to file Reply Briefs in Support of the Post-Judgment Motions through and including February 15, 2013. 3. Granting these extensions will not prejudice the Court or the parties and will allow a more orderly presentation of pleadings on the Post-Judgment Motions. 4. Attached as Exhibit 1 is a proposed agreed order granting the jointly requested extensions. WHEREFORE, the parties, by counsel, jointly request that this Court enter the proposed agreed order attached as Exhibit 1 granting the parties through and including January 25, 2013, and the date to file Reply Briefs in Support of the Post-Judgment Motions through and including February 15, 2013. 1 Defendants plan to file a separate motion seeking a postponement of resolution and briefing on Plaintiff’s Motion for an Award of Post-Judgment Royalties and/or enlargement of time to respond. I/P Engine intends to oppose that motion. 2 Dated: December 21, 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 Counsel for AOL Inc., Google Inc., IAC Search & Media, Inc., Gannett Co., Inc. and Target Corporation 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 Google Inc., IAC Search & Media, Inc., Gannett Co., Inc. and Target Corporation /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 Robert L. Burns FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP Two Freedom Square 3 11955 Freedom Drive Reston, VA 20190 Telephone: (571) 203-2700 Facsimile: (202) 408-4400 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. /s/ W. Ryan Snow_______ W. Ryan Snow Donald C. Schultz 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. 4 CERTIFICATE OF SERVICE I hereby certify that on December 21, 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: W. Ryan Snow Donald C. Schultz 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 5