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

Filing 89

Declaration re 88 Memorandum in Support of Margaret Kammerud in Support of Google's Motion to Compel Plaintiff to Provide Conception, Reduction-to-Practice, and Priority Date Infomation for the Patents-in-Suit by Google, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Noona, Stephen)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION I/P ENGINE, INC. Plaintiff, V. Civil Action No. 2:11-cv-512 AOL, INC., et al., Defendants. DECLARATION OF MARGARET KAMMERUD IN SUPPORT OF GOOGLE'S MOTION TO COMPEL PLAINTIFF TO PROVIDE CONCEPTION, REDUCTION-TOPRACTICE, AND PRIORITY DATE INFORMATION FOR THE PATENTS-IN-SUIT I, Margaret P. Kammerud, declare as follows: 1. I am an attorney in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP and am counsel for Defendant Google Inc. in the above-captioned case. I provide this declaration upon personal knowledge and, if called upon as a witness, would testify competently as to the matters recited herein. 2. Attached hereto as Exhibit A is a true and correct copy of Plaintiff's Objections and Responses to Google's First Set of Interrogatories, dated December 7, 2011. 3. Attached hereto as Exhibit B is a true and correct copy of a letter from myself to Plaintiff's counsel Ken Brothers, dated December 13, 2011. 4. Attached hereto as Exhibit C is a true and correct copy of an email from Ken Brothers to Google counsel David Perlson and myself, dated December 19, 2011. 5. Attached hereto as Exhibit D is a true and correct copy of an email from David Perlson to Ken Brothers, dated December 20, 2011. 6. On December 22, 2011, the parties engaged in telephonic meet-and-confer regarding Plaintiff's responses to Google's Interrogatory No. 1 and No. 9. David Perlson, Jennifer Ghaussy, and myself participated in this meet-and-confer on behalf of Google, while Ken Brothers and Charles Monterio participated on behalf of Plaintiff. During this meet-andconfer, Mr. Brothers stated that Plaintiff would not be able to give a complete response to Google's Interrogatory No. 1 until it could review documents produced by third-party Lycos, Inc., in response to a subpoena served by Google. During this meet-and-confer, Mr. Brothers also stated that Plaintiff's current contention is that the priority date for the patents-in-suit is December 3, 1998, but that Plaintiff had not decided whether it would rely on earlier patent applications to pursue an earlier priority date. 7. Attached hereto as Exhibit E is a true and correct copy of a letter from Plaintiff counsel Charles Monterio to David Perlson, dated January 10, 2012. 8. Attached hereto as Exhibit F is a true and correct copy of an email from Google counsel Joshua Sohn to Ken Brothers, dated February 8, 2012. 9. Attached hereto as Exhibit G is a true and correct copy of a letter from Charles Monterio to Joshua Sohn, dated February 9, 2012. 10. Attached hereto as Exhibit H is a true and correct copy of Defendants' Preliminary Invalidity Contentions, dated January 24, 2012. 11. Attached hereto as Exhibit I is a true and correct copy of an email from Armands Chagnon, senior paralegal for Plaintiff's counsel, conveying to Google's counsel the document production of Andrew Lang, named inventor of the patents-in-suit. 12. Attached hereto as Exhibit J is a true and correct copy of an email from Ken Brothers to myself, dated February 1, 2012. 13. Attached hereto as Exhibit K is a true and correct copy of a letter from Lycos counsel Mark Blais to Joshua Sohn, dated January 10, 2012. I declare under penalty of perjury of the laws of the United States that the foregoing is true and correct. Dated: February 13, 2012 Kammerud decl ISO Motion to Compel on Priority Dates_11545620(1).DOC i\iat gat P. Kammerud /If t DATED: February 13, 2012 /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 Attorneys for Google Inc. CERTIFICATE OF SERVICE I hereby certify that on February 13, 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: 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 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 Counsel for Plaintiff, I/P Engine, Inc. 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 Google Inc., Target Corporation, IAC Search & Media, Inc., and Gannet Co., Inc. 2 /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 11464104_1.DOC 3