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

Filing 898

Response to 886 Order,,, (Parties' Joint Response to the Court's Order Regarding Outstanding Motions to Seal Case Documents) filed by AOL Inc., Gannett Company, Inc., Google Inc., I/P Engine, Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit 1)(Noona, Stephen)

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. PARTIES’ JOINT RESPONSE TO THE COURT’S ORDER REGARDING OUTSTANDING MOTIONS TO SEAL CASE DOCUMENTS Per the Court’s Order Regarding Outstanding Motions to Seal Case Documents (“Order on Outstanding Motions to Seal”) (D.N. 886), the parties, I/P Engine, Inc. (“Plaintiff”) and AOL Inc., Gannett Co., Inc., Google Inc., IAC Search & Media, Inc., and Target Corporation (collectively, “Defendants”), reviewed all outstanding motions to seal case records, then met and conferred. As ordered by the Court, the parties have identified below all outstanding motions to seal case records that are now moot, may be withdrawn, or otherwise able to be dismissed as well as all outstanding motions to seal case records that still should be resolved by the Court based upon the parties’ joint representations and the expectation that both parties may file an appeal in this matter. In addition to complying with the Court’s Order Regarding Outstanding Motions to Seal, the parties have determined that given the presentation of evidence in public during trial, certain individual documents subject to outstanding motions to seal case records that still should be resolved by the Court may be filed publicly or may be filed with less material redacted than originally requested. The parties have identified these exhibits below and will deliver additional copies to the Court in hard copy and electronic form (on CD-ROM) by Friday, February 22, 2013. Accordingly, the parties identify the following categories of materials: 1) Motions to seal case records that are now moot, withdrawn, or otherwise able to be dismissed: Docket Number 355 346, 4121 436 514 687 Motion Name MOTION to Seal Exhibit 1 to its Memorandum in Support of Plaintiff I/P Engines Daubert Motion, and Fourth Motion in Limine, to Exclude Lyle Ungar’s New Theory of Invalidity and Opinions Regarding Claim Construction MOTION to Seal Documents and Close the Courtroom During Presentation of Confidential Material at Trial Joint MOTION to Amend/Correct 346 MOTION to Seal Documents and Close the Courtroom During Presentation of Confidential Material at Trial Joint Motion and Memorandum in Support of Joint Motion To Amend/Modify Scheduling Order to Provide Briefing Schedule for Motion to Seal and Close Courtroom MOTION to Seal Plaintiff I/P Engine, Inc.’s Opposition to Defendants’ Motion in Limine #1 along with Exhibits 5-6 and 11-12 MOTION to Seal Exhibits 1 and 2 to its Response to Defendants Motion to Seal Documents and Close the Courtroom During Presentation of Confidential Materials at Trial MOTION to Seal Portions of the Order on the Final Pretrial Conference 2) Motions to seal case records that should be resolved by the Court: Docket Number 280 289, 368 (Corrected D.N. 285) 1 Motion Name MOTION to Seal Plaintiff I/P Engine, Inc.’s Second Motion for Discovery Sanctions Regarding Untimely Discovery Responses along with Exhibits 2, 4, 5, 7, 8, 9, 13, and 14 in support MOTION to Seal [CORRECTED MOTION] Memorandum in Support of Plaintiff I/P Engine, Inc.’s Notes Defendants hereby withdraw the Motion to Seal Documents and Close the Courtroom During Presentation of Confidential Material at Trial (D.N. 346, 412) as Moot and request that the Court withdraw the motion and Plaintiff’s response thereto (D.N. 516) as well as any supporting documents. Third Motion for Discovery Sanctions Regarding Untimely Discovery Responses along with Exhibits 1, 4, 5, 6, 7, in support 296 312 316 324 331 338 343 425 2 Sealed Memorandum in Support of THIRD 285 MOTION to Seal Memorandum in Support of Plaintiff I/P Engine, Inc.’s Third Motion for Discovery Sanctions Regarding Untimely Discovery Responses along with Exhibits 1, 4, 5, 6, 7, in support MOTION to Seal Portions of Defendants’ Memorandum in Support of Motion in Limine No. 3 to Exclude Marketing and High-Level Non-Technical Matters Related to Historical Click-Through Rate, and Exhibits F, H, I and J to the Declaration of Joshua L. Sohn in Support of the Defendants’ Various Motions in Limine MOTION to Seal Exhibit 3 to the Memorandum in Support of Plaintiff I/P Engine’s First Motion in Limine to Exclude Inadmissible Evidence MOTION to Seal Portions of Memorandum in Support of Defendants’ Motion to Exclude Testimony from Stephen L. Becker and Certain Materials Filed in Support Thereof MOTION to Seal Portions of Memorandum in Support of Defendants’ Motion to Preclude Dr. Ophir Frieder from Testifying Regarding Untimely Opinions that were Not Disclosed in his Original Expert Report and Opinions that he Now Concedes are Incorrect, and Certain Materials Filed in Support Thereof MOTION to Seal the Memorandum in Support of Plaintiff I/P Engine, Inc.’s Second Motion in Limine to Preclude Non-Comparable License Agreements along with Exhibits 1 and 2 MOTION to Seal the Memorandum in Support of Plaintiff I/P Engine, Inc.’s Motion to Exclude Opinions and Testimony of Keith R. Ugone along with Exhibits 1 and 2 MOTION to Seal Portions of the Declaration of Not affected by Michael Hochberg in Support of Plaintiff’s and limitations2 Defendants’ Motions to Seal MOTION to Seal its Opposition to Defendants Motion for Summary Judgment along with Exhibits 8, 11-19, 22-24, 27-32, 34-39, 45, 53-54, 56 Documents subject to motions with this annotation are not included in the charts below, and therefore should be decided in full as originally filed. 429 441 445 449 453 457 462 465 508 517 MOTION to Seal (1) Portions of Defendants’ Opposition to Plaintiff I/P Engine’s First Motion in Limine to Exclude Inadmissible Evidence; (2) Portions of Defendants’ Opposition to Plaintiff I/P Engine’s Second Motion in Limine to Preclude License Agreements, and (3) Exhibits E and K to the Declaration of Margaret P. Kammerud in Support of Defendants’ Opposition to Plaintiff’s Motions in Limine MOTION to Seal Plaintiff I/P Engine, Inc.’s Opposition to Defendants’ Motion in Limine #2 along with Exhibits 1 and 2 MOTION to Seal Plaintiff I/P Engine, Inc.’s Opposition to Defendants’ Motion in Limine #3 along with Exhibits 3-11 MOTION to Seal Plaintiff I/P Engine, Inc.’s Opposition to Defendants’ Motion in Limine #4 along with Exhibits 1 and 2 MOTION to Seal Plaintiff I/P Engine, Inc.’s Opposition to Defendants’ Motion in Limine #5 along with Exhibits 1 and 2 MOTION to Seal Plaintiff I/P Engine, Inc.’s Opposition to Defendants’ Motion to Exclude the Testimony of Stephen L. Becker along with Exhibits 1-5, 7-8, and 10-11 MOTION to Seal Plaintiff I/P Engine, Inc.’s Opposition to Defendants Motion to Preclude Dr. Frieder from Testifying Regarding Untimely Opinions along with Exhibits 1-3 and 5 MOTION to Seal Defendants’ Memorandum in Support of Their Opposition to Plaintiff I/P Engine, Inc.’s Motion to Exclude Opinions and Testimony of Keith R. Ugone MOTION to Seal (1) Portions of Defendants’ Opposition to Plaintiff’s Daubert Motion, and Fourth Motion in Limine, to Exclude Lyle Ungar’s New Theory of Invalidity and Opinions Regarding Claim Construction and (2) Exhibits 10 and 12 to the Declaration of Howard Chen in Support of Defendants’ Memorandum in Opposition to Plaintiff’s Daubert Motion, and Fourth Motion in Limine, to Exclude Lyle Ungar’s New Theory of Invalidity and Opinions Regarding Claim Construction MOTION to Seal (1) Portions of Defendants’ Memorandum in Opposition to Plaintiff’s Second Motion for Discovery Sanctions; (2) Portions of 524 561 567 647 684 706 802 828 Defendants’ Memorandum in Opposition to Plaintiff’s Third Motion for Discovery Sanctions; (3) Portions of the Declaration of Margaret Kammerud in Support of Defendants’ Opposition to Plaintiff’s Third Motion for Discovery Sanctions; (4) Portions of Exhibits A-E, G, I-K to the Declaration of Jennifer Ghaussy in Support of Defendants’ Opposition to Plaintiff’s Second Motion for Discovery Sanctions; and (5) Exhibits L-Q to the Declaration of Margaret Kammerud in Support of Defendants’ Opposition to Plaintiff’s Third Motion for Discovery Sanctions MOTION to Seal Portions of the Reply in Support of Defendants’ Motion for Summary Judgment, and Exhibits 34 and 36 to the Declaration of Joshua L. Sohn in Support of Defendants’ Reply in Support of Defendants’ Motion for Summary Judgment MOTION to Seal (1) Portions of Defendants’ Reply Brief in Support of Their Motion to Preclude Dr. Ophir Frieder from Testifying Regarding Untimely Opinions that were not Disclosed in his Original Expert Report and Opinions that he Now Concedes are Incorrect; (2) Portions of Defendants’ Reply Brief in Support of their Motion to Exclude the Testimony of Stephen L. Becker; and (3) Portions of Exhibit I to the Declaration of Howard Chen in Support of Defendants’ Reply Brief in Support of their Motion to Preclude Dr. Ophir Frieder MOTION to Seal Plaintiff I/P Engine, Inc.’s Reply in Further Support of its Motion to Exclude Opinions and Testimony of Keith R. Ugone along with Exhibits 1-3 MOTION to Seal Plaintiff I/P Engine, Inc.’s Reply in Further Support of its Third Motion for Discovery Sanctions along with Exhibits 1 and 2 MOTION to Seal Exhibits 1 and 4 to its Opposition to Defendants Motion to Dismiss All Claims Against AOL, Inc., Gannett Co., Inc., IAC Search & Media, Inc., and Target Corporation MOTION to Seal Portions Of Exhibit 1 To The Not affected by OBrien Declaration In Support Of Defendants Motion limitations For Sanctions And To Strike Portions Of Dr. Frieder’s Second Updated Expert Report MOTION to Seal and Redact Portions of Trial Record Not affected by limitations MOTION to Seal (1) Portions Of Defendants Not affected by Memorandum In Support Of Renewed Motion For limitations 866 873 Judgment As A Matter Of Law On Non-Infringement Or New Trial; (2) Portions Of Defendants’ Memorandum In Support Of Renewed Motion For Judgment As A Matter Of Law On Damages Or New Trial; And (3) Certain Exhibit To The Declaration Of Joshua L. Sohn In Support Of Defendants Renewed Motions For Judgment As A Matter Of Law On Damages, Invalidity And Non-Infringement Or New Trial MOTION to Seal Portions of Defendants’ Memorandum in Opposition to Plaintiff’s Rule 59 Motion for a New Trial on the Dollar Amount of Damages and Exhibit 2 to the Declaration of Margaret P. Kammerud Filed in Support Thereof MOTION to Seal Plaintiff I/P Engine, Inc.’s Opposition to Defendants Renewed Motion for Judgment as a Matter of Law on Non-Infringement or New Trial Not affected by limitations Not affected by limitations 3) Documents subject to motions to seal case records that should be resolved by the Court that may be filed publicly: Docket Number of Motion to Be Ruled Upon 280 Docket Number of Document at Issue 278, 342 280 278-14, 366 289, 368 (Corrected D.N. 285) 289, 368 (Corrected D.N. 285) 289, 368 (Corrected D.N. 285) 296 283 304, 380 296 310-6, 381 296 310-8, 382 296 310-9, 383 283-4, 370 283-5, 371 Document Description Plaintiff’s Memorandum in Support of Second motion for Sanctions Exhibit 14 to Plaintiff’s Memorandum in Support of Second motion for Sanctions Plaintiff’s Memorandum in Support of Third Motion for Sanctions Exhibit 4 to Plaintiff’s Memorandum in Support of Third Motion for Sanctions Exhibit 5 to Plaintiff’s Memorandum in Support of Third Motion for Sanctions Defendants’ Memorandum in Support of Motion in Limine 3 Exhibit F to Defendants’ Memorandum in Support of Motion in Limine 3 Exhibit H to Defendants’ Memorandum in Support of Motion in Limine 3 Exhibit I to Defendants’ Memorandum in Exhibit I to Support of Motion in Limine 3 316 323-2, 387 316 323-13, 398 316 321, 402 324 329-8, 379 338 341, 420 425 427-19 425 427-29 429 439 445 447 445 447-3 445 447-4 445 447-7 445 447-8 445 447-9 445 447-10 445 447-11 449 451 449 451-2 453 455 453 455-2 457 460 457 460-1 457 460-4 Exhibit 2 to O’Brien Declaration in Support of Defendants’ Motion to Exclude Becker Exhibit 13 to O’Brien Declaration in Support of Defendants’ Motion to Exclude Becker Fox Declaration in Support of Defendants’ Motion to Exclude Becker Exhibit H to Defendant’s Motion to Exclude Frieder Plaintiff’s Memorandum in Support of Motion to Exclude Ugone Exhibit 45 to Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment Exhibit 56 to Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment Defendants’ Opposition to Plaintiff’s Motion in Limine 1 Plaintiff’s Opposition to Defendants’ Motion in Limine 3 Exhibit 3 to Plaintiff’s Opposition to Defendants’ Motion in Limine 3 Exhibit 4 to Plaintiff’s Opposition to Defendants’ Motion in Limine 3 Exhibit 7 to Plaintiff’s Opposition to Defendants’ Motion in Limine 3 Exhibit 8 to Plaintiff’s Opposition to Defendants’ Motion in Limine 3 Exhibit 9 to Plaintiff’s Opposition to Defendants’ Motion in Limine 3 Exhibit 10 to Plaintiff’s Opposition to Defendants’ Motion in Limine 3 Exhibit 11 to Plaintiff’s Opposition to Defendants’ Motion in Limine 3 Plaintiff’s Opposition to Defendants’ Motion in Limine 4 Exhibit 2 to Plaintiff’s Opposition to Defendants’ Motion in Limine 4 Plaintiff’s Opposition to Defendants’ Motion in Limine 5 Exhibit 2 to Plaintiff’s Opposition to Defendants’ Motion in Limine 5 Plaintiff’s Opposition to Defendants’ Motion to Exclude Becker Exhibit 1 to Plaintiff’s Opposition to Defendants’ Motion to Exclude Becker Exhibit 4 to Plaintiff’s Opposition to Defendants’ Motion to Exclude Becker 457 460-11 462 464 462 464-1 462 464-5 508 511 508 512-10 517 522-9 517 522-10 517 523 517 523-1 517 523-3 524 528-1 567 568 Exhibit 11 to Plaintiff’s Opposition to Defendants’ Motion to Exclude Becker Plaintiff’s Opposition to Defendants’ Motion to Exclude Frieder Ex. 1 to Plaintiff’s Opposition to Defendants’ Motion to Exclude Frieder Ex. 5 to Plaintiff’s Opposition to Defendants’ Motion to Exclude Frieder Defendants’ Opposition to Plaintiff’s Motion to Exclude Ungar Exhibit 10 to Defendants’ Opposition to Plaintiff’s Motion to Exclude Ungar Exhibit I to Ghaussy Declaration in Support of Defendants’ Opposition to Plaintiff’s Second Motion for Sanctions Exhibit J to Ghaussy Declaration in Support of Defendants’ Opposition to Plaintiff’s Second Motion for Sanctions Kammerud Declaration in Support of Defendants’ Opposition to Plaintiff’s Third Motion for Sanctions Exhibit L to Kammerud Declaration in Support of Defendants’ Opposition to Plaintiff’s Third Motion for Sanctions Exhibit N to Kammerud Declaration in Support of Defendants’ Opposition to Plaintiff’s Third Motion for Sanctions Exhibit 34 to Defendants’ Reply in Support of Motion for Summary Judgment Plaintiff’s Reply in Support of Motion to Exclude Ugone 4) Documents subject to motions to seal case records that should be resolved by the Court that may be filed with less material redacted than originally requested: Docket Number of Motion to Be Ruled Upon 280 Docket Number of Document at Issue 278-7, 362 289, 368 (Corrected D.N. 285) 289, 368 (Corrected 283-1, 369 283-6, 372 Document Description Exhibit 7 to Plaintiff’s Memorandum in Support of Second motion for Sanctions Exhibit 1 to Plaintiff’s Memorandum in Support of Third Motion for Sanctions Exhibit 6 to Plaintiff’s Memorandum in Support D.N. 285) 289, 368 (Corrected D.N. 285) 296 310-10, 384 312 315-3, 416 316 320, 385 316 323-1, 386 324 328, 375 324 329-2, 377 331 331 331 338 338 425 334, 417 334-1, 418 334-2, 419 341-1, 421 341-2, 422 427 425 427-2 425 427-2 425 427-2 425 427-2 425 427-5 425 427-5 425 427-5 425 427-5 425 427-5 425 427-8 425 427-8 283-7, 373 of Third Motion for Sanctions Exhibit 7 to Plaintiff’s Memorandum in Support of Third Motion for Sanctions Exhibit J to Defendants’ Memorandum in Support of Motion in Limine 3 Exhibit 3 to Plaintiff’s Memorandum in Support of Motion in Limine 3 Defendants’ Memorandum in Support of Motion to Exclude Becker Exhibit 1 to O’Brien Declaration in Support of Defendants’ Motion to Exclude Becker Defendants’ Memorandum in Support of Motion to Exclude Frieder Exhibit B to Defendants’ Memorandum in Support of Motion to Exclude Frieder Plaintiff’s Motion in Limine 2 Exhibit 1 to Plaintiff’s Motion in Limine 2 Exhibit 2 to Plaintiff’s Motion in Limine 2 Exhibit 1 to Plaintiff’s Motion to Exclude Ugone Exhibit 2 to Plaintiff’s Motion to Exclude Ugone Memorandum in Support of Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment Exhibit 3 to Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment Exhibit 4 to Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment Exhibit 5 to Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment Exhibit 8 to Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment Exhibit 19 to Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment Exhibit 11 to Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment Exhibit 14 to Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment Exhibit 17 to Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment Exhibit 18 to Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment Exhibit 22 to Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment Exhibit 23 to Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment 425 427-8 425 427-11 425 427-11 425 427-27 441 443 441 443-1 441 443-2 449 451-1 457 460-5 457 460-7 462 464-2 465 466 465 468-4 465 468-5 508 512-12 517 522-7 517 521 517 523-2 517 523-4 517 523-5 517 523-6 Exhibit 24 to Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment Exhibit 27 to Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment Exhibit 29 to Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment Exhibit 54 to Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment Plaintiff’s Opposition to Defendants’ Motion in Limine 2 Exhibit 1 to Plaintiff’s Opposition to Defendants’ Motion in Limine 2 Exhibit 2 to Plaintiff’s Opposition to Defendants’ Motion in Limine 2 Exhibit 1 to Plaintiff’s Opposition to Defendants’ Motion in Limine 4 Exhibit 5 to Plaintiff’s Opposition to Defendants’ Motion to Exclude Becker Exhibit 7 to Plaintiff’s Opposition to Defendants’ Motion to Exclude Becker Exhibit 2 to Plaintiff’s Opposition to Defendants’ Motion to Exclude Frieder Defendants’ Opposition to Plaintiff’s Motion to Exclude Ugone Exhibit D to Defendants’ Opposition to Plaintiff’s Motion to Exclude Ugone Exhibit E to Defendants’ Opposition to Plaintiff’s Motion to Exclude Ugone Exhibit 12 to Declaration of Howard Chen in Support of Defendants’ Opposition to Plaintiff’s Motion to Exclude Ungar Exhibit G to Ghaussy Declaration in Support of Defendants’ Opposition to Plaintiff’s Second Motion for Sanctions Defendants’ Opposition to Plaintiff’s Third Motion for Sanctions Exhibit M to Kammerud Declaration in Support of Defendants’ Opposition to Plaintiff’s Third Motion for Sanctions Exhibit O to Kammerud Declaration in Support of Defendants’ Opposition to Plaintiff’s Third Motion for Sanctions Exhibit P to Kammerud Declaration in Support of Defendants’ Opposition to Plaintiff’s Third Motion for Sanctions Exhibit Q to Kammerud Declaration in Support 524 527 561 571-1 567 569-1 567 569-2 647 651-2 684 686-1 684 686-4 of Defendants’ Opposition to Plaintiff’s Third Motion for Sanctions Defendants’ Reply in Support of Motion for Summary Judgment Exhibit I to Defendants’ Reply in Support of Motion to Exclude Frieder Exhibit 1 to Plaintiff’s Reply in Support of Motion to Exclude Ugone Exhibit 2 to Plaintiff’s Reply in Support of Motion to Exclude Ugone Exhibit 2 to Plaintiff’s Reply in Support of Third Motion for Sanctions Exhibit 1 to Plaintiff’s Opposition to Defendants’ Motion to Dismiss Claims against AOL, Gannett, IAC, and Target Exhibit 4 to Plaintiff’s Opposition to Defendants’ Motion to Dismiss Claims against AOL, Gannett, IAC, and Target To streamline the Court’s efforts in resolving the pending motions to seal, the parties propose delivering to the Court in hard copy and in electronic form (on CD-ROM) the referenced now public and lesser redacted documents by Friday, Feb. 22, 2013. Should the Court deem the lesser redacted documents appropriate, the parties will work with the clerk’s office to substitute or refile those exhibits and public versions of the exhibits in category three above. The parties attach a Proposed Order for the Court’s consideration as Exhibit 1. Dated: February 19, 2013 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 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/Donald C. Schultz 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. CERTIFICATE OF SERVICE I hereby certify that on February 19, 2013, 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 12218607v1