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

Filing 920

AMENDED ORDER Regarding Parties' Joint Response to the Court's Order Regarding Outstanding Motions to Seal Case Documents, amending 911 Order as outlined. (See Order for specifics.) Signed by District Judge Raymond A. Jackson on 4/4/13; filed 4/5/13. (mwin, )

FILED, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA APR -5 2013 NORFOLK DIVISION CLERK, US DISTRICT UUURT NOPFOLK.VA I/P ENGINE, INC. Plaintiff, Civil Action No. 2:1 l-cv-512 v. AOUTNC.,etaL, Defendants. AMENDED ORDER REGARDING PARTIES' JOINT RESPONSE TO THE COURT'S ORDERREGARDING OUTSTANDING MOTIONS TO SEAL CASE DOCUMENTS On this day came the parties, I/P Engine, Inc. ("Plaintiff) and AOL Inc., Gannett Co., Inc., Google Inc., IAC Search &Media, Inc., and Target Corporation (collectively "Defendants"), by counsel, pursuant to this Court's Order Regarding Outstanding Motions to Seal Case Documents (ECF No. 886) ("Order Regarding Outstanding Motions to Seal"), and the Parties' Joint Response to the Court's Order Regarding Outstanding Motions to Seal (the "Response"), and after consideration ofthat Response and arguments in support ofthat Response, and for good cause shown, it is: ORDERED THAT: 1. The following pending motions to seal are DEEMED moot and therefore withdrawn: Motion Name Docket Number 355 MOTION to Seal Exhibit 1 to its Memorandum in Support of PlaintiffI/P Engines Daubert Motion, and Fourth Motion inLimine, to Exclude Lyle Ungar's New Theory ofInvalidity and Opinions Regarding Claim Construction 346,412 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 ofConfidential Material atTrial Joint Motionand Memorandum in Supportof Joint MotionTo 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' 436 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 514 Confidential Materials at Trial MOTION to SealPortions of the Orderon the Final Pretrial Conference 687 The Clerk is instructed to return to the parties all previously filed materials relating to these withdrawn motions. 2. Based upon the parties' joint representations that there are no objections, the following motions to seal are GRANTED: Motion Name Docket Number 280 MOTION to SealPlaintiffI/P Engine, Inc.'s SecondMotion for Discovery Sanctions Regarding Untimely Discovery Responses along with Exhibits 2,4, 5, 7, 8, 9,13, and 14 in support 289,368 (Corrected D.N. 285) MOTION to Seal [CORRECTED MOTION] Memorandum in Support ofPlaintiff I/P Engine, Inc.'s Third Motion for Discovery Sanctions Regarding Untimely Discovery Responses along with Exhibits 1,4, 5, 6, 7, in support Sealed Memorandum in Support of THIRD 285 MOTION to Seal Memorandum in Support of PlaintiffI/P Engine, Inc.'s Third Motion for Discovery Sanctions Regarding Untimely Discovery Responses along with Exhibits 1,4, 5, 6, 7, in support 296 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. Sohnin Support of the Defendants' Various Motions in Limine 312 MOTION to Seal Exhibit 3 to the Memorandum in Support of Plaintiff I/P Engine's FirstMotion in Limine to Exclude Inadmissible Evidence 316 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 324 MOTION to Seal Portions of Memorandum in Support of Defendants' Motionto Preclude Dr. Ophir Frieder from Testifying Regarding Untimely Opinions that were Not Disclosed inhis Original Expert Report and Opinions that heNow Concedes are Incorrect, and Certain Materials Filed in Support Thereof 331 MOTION to Seal the Memorandum in Support of Plaintiff I/P Engine, Inc.'s Second Motion in Limine to Preclude NonComparable License Agreements along with Exhibits 1 and 2 338 MOTION to Seal the Memorandum in Support of PlaintiffI/P 343 R. Ugone along with Exhibits 1 and 2 MOTION to Seal Portions of the Declaration of Michael Hochberg 425 in Support of Plaintiffs and Defendants' Motions to Seal MOTION to Seal its Opposition to Defendants Motion for Engine, Inc.'s Motion to Exclude Opinions and Testimony of Keith Summary Judgment along with Exhibits 8,11-19,22-24,27-32, 3439,45, 53-54, 56 429 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 Plaintiffs Motions in Limine 441 445 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 3-11 449 453 457 462 MOTION to Seal PlaintiffI/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 5 465 MOTION to Seal Defendants' Memorandum in Support ofTheir Opposition to Plaintiff I/P Engine, Inc.'s Motion to Exclude Opinions and Testimony of Keith R. Ugone 508 MOTION to Seal (1) Portions of Defendants' Opposition to Plaintiffs Daubert Motion, and Fourth Motion in Limine, to Exclude Lyle Ungar's NewTheory of Invalidity and Opinions Regarding Claim Construction and (2) Exhibits 10 and 12 tothe Declaration of Howard Chen in Support of Defendants' Memorandum in Opposition to Plaintiffs Daubert Motion, and Fourth Motion in Limine, to Exclude Lyle Ungar's New Theory of Invalidity and Opinions Regarding Claim Construction 517 MOTION to Seal (1) Portions of Defendants' Memorandum in Opposition to Plaintiffs Second Motion for Discovery Sanctions; (2) Portions of Defendants' Memorandum in Opposition to Plaintiffs Third Motion for Discovery Sanctions; (3) Portions of the Declaration of Margaret Kammerud in Support of Defendants' Opposition to Plaintiffs 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 Plaintiffs Second 524 561 Motion for Discovery Sanctions; and (5) Exhibits L-Q to the Declaration of Margaret Kammerud in Support of Defendants' Opposition to Plaintiffs Third Motion for Discovery Sanctions MOTION to Seal Portions ofthe Reply in Support of Defendants' Motion for Summary Judgment, and Exhibits 34 and 36to 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 Briefin Support of Their Motion to Preclude Dr. Ophir Frieder from Testifying Regarding Untimely Opinions that were not Disclosed in hisOriginal Expert Report and Opinions that heNow Concedes are Incorrect; (2) Portions of Defendants' Reply Briefin 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 567 MOTION to Seal PlaintiffI/P Engine, Inc.'s Reply in Further 647 R. Ugone along with Exhibits 1-3 MOTION to Seal Plaintiff I/P Engine, Inc.'s Reply in Further Support of its Motion to Exclude Opinions and Testimony of Keith Support of its Third Motion for Discovery Sanctions along with Exhibits 1 and 2 684 MOTION to Seal Exhibits 1 and 4 to its Opposition to Defendants Motion to Dismiss All Claims Against AOL, Inc., GannettCo., Inc., IAC Search & Media, Inc., andTarget Corporation 706 MOTION to Seal Portions Of Exhibit 1 To The O'Brien Declaration In Support Of Defendants Motion For Sanctions And 802 To Strike Portions Of Dr. Frieder's Second Updated Expert Report MOTION to Seal and Redact Portions of Trial Record 828 MOTION to Seal (1) Portions Of Defendants Memorandum In Support Of Renewed Motion For Judgment As A Matter Of Law OnNon-Infringement Or New Trial; (2) Portions Of Defendants' Memorandum In Support Of Renewed Motion For Judgment As A Matter Of Law On Damages OrNew Trial; And (3) Certain Exhibit To The Declaration Of Joshua L. Sohn In Support Of Defendants RenewedMotionsFor JudgmentAs A Matter Of Law On Damages, Invalidity AndNon-Infringement Or NewTrial 866 MOTION to Seal Portions of Defendants' Memorandum in Opposition to Plaintiffs Rule 59 Motion for a New Trial onthe DollarAmount of Damages and Exhibit 2 to the Declaration of Margaret P. Kammerud Filed in Support Thereof 873 3. MOTION to Seal Plaintiff I/P Engine, Inc.'s Opposition to Defendants Renewed Motion for Judgment as a Matter of Law on Non-Infringementor New Trial Based upon the parties' joint representations, the following individual materials subject to the motions toseal can be filed publicly and thus the motions are DENIED: Docket Number of Motion to Be Ruled Docket Number Document Description of Document at Upon Issue 280 278, 342 Plaintiffs Memorandum in Support of Second motion for Sanctions 280 289, 368 (Corrected 278-14, 366 Exhibit 14 to Plaintiffs Memorandum in 283 Support of Second motion for Sanctions Plaintiffs Memorandum in Support of Third Motion for Sanctions D.N. 285) 289,368 (Corrected 283-4, 370 of Third Motion for Sanctions D.N. 285) 289, 368 (Corrected 283-5, 371 Exhibit 5 to Plaintiffs Memorandum in Support of Third Motion for Sanctions D.N. 285) 296 Exhibit 4 to Plaintiffs Memorandum in Support 304, 380 Defendants' Memorandum in Support of Motion in Limine 3 296 310-6,381 Exhibit F to Defendants' Memorandum in 310-8,382 Exhibit H to Defendants' Memorandum in 310-9,383 Exhibit I to Defendants' Memorandum in 323-2, 387 Exhibit I to Support of Motion in Limine 3 Exhibit 2 to O'Brien Declaration in Support of Support of Motion in Limine 3 296 Support of Motion in Limine 3 296 316 Defendants' Motion to Exclude Becker 323-13, 398 Exhibit 13 to O'Brien Declaration in Support of 316 321,402 Fox Declaration in Support of Defendants' 324 329-8, 379 316 Defendants' Motion to Exclude Becker Motion to Exclude Becker Exhibit H to Defendant's Motion to Exclude Frieder 338 341,420 Plaintiffs Memorandum in Support of Motion to Exclude Ugone 425 427-19 425 427-29 429 439 Exhibit 45 to Plaintiffs Opposition to Defendant's Motion for Summary Judgment Exhibit 56 to Plaintiffs Opposition to Defendant's Motion for Summary Judgment Defendants' Opposition to Plaintiffs Motion in Limine 1 445 447 Plaintiffs Opposition to Defendants' Motion in Limine 3 445 447-3 Exhibit 3 to Plaintiffs Opposition to Defendants' Motion in Limine 3 445 447-4 Exhibit 4 to Plaintiffs Opposition to Defendants' Motion in Limine 3 445 447-7 Exhibit 7 to Plaintiffs Opposition to Defendants' Motion in Limine 3 445 447-8 Exhibit 8 to Plaintiffs Opposition to Defendants' Motion in Limine 3 445 447-9 Exhibit 9 to Plaintiffs Opposition to Defendants' Motion in Limine 3 445 445 447-10 Exhibit 10 to Plaintiffs Opposition to 447-11 Defendants' Motion in Limine 3 Exhibit 11 to Plaintiffs Opposition to Defendants' Motion in Limine 3 449 451 Plaintiffs Opposition to Defendants' Motion in 449 451-2 Limine 4 Exhibit 2 to Plaintiffs Opposition to Defendants' Motion in Limine 4 453 455 453 455-2 Plaintiffs Opposition to Defendants' Motion in Limine 5 Exhibit 2 to Plaintiffs Opposition to Defendants' Motion in Limine 5 457 460 Plaintiffs Opposition to Defendants' Motionto Exclude Becker 457 460-1 Exhibit 1 to Plaintiffs Opposition to Defendants' Motion to Exclude Becker 457 460-4 Exhibit 4 to Plaintiffs Opposition to Defendants' Motion to Exclude Becker 457 460-11 Exhibit 11 to Plaintiffs Opposition to 464 Plaintiffs Opposition to Defendants' Motion to Defendants' Motion to Exclude Becker 462 Exclude Frieder 462 464-1 462 464-5 Ex. 1 to Plaintiffs Opposition to Defendants' Motion to Exclude Frieder Ex. 5 to Plaintiffs Opposition to Defendants' Motion to Exclude Frieder 511 508 Defendants' Opposition to Plaintiffs Motionto Exclude Ungar 512-10 Exhibit 10 to Defendants' Opposition to 522-9 508 Exhibit I to Ghaussy Declaration in Support of Defendants' Opposition to Plaintiffs Second Plaintiffs Motion to Exclude Ungar 517 Motion for Sanctions 522-10 517 Exhibit J to Ghaussy Declaration in Support of Defendants' Opposition to Plaintiffs Second Motion for Sanctions 523 517 Kammerud Declaration in Support of Defendants' Opposition to Plaintiffs Third 523-1 517 Motion for Sanctions Exhibit L to Kammerud Declaration in Support of Defendants' Opposition to Plaintiffs Third 523-3 517 Motion for Sanctions Exhibit N to Kammerud Declaration in Support of Defendants' Opposition to Plaintiffs Third Motion for Sanctions 528-1 524 Exhibit 34 to Defendants' Reply in Support of Motion for Summary Judgment 568 567 Plaintiffs Reply in Supportof Motion to Exclude Ugone 4. Based upon the parties' joint representations that there are no objections, the following motions to sealare GRANTED: Docket Number of Motion to Be Ruled Docket Number Upon Issue 280 278-7, 362 289, 368 (Corrected 283-1,369 D.N. 285) 289, 368 (Corrected 283-6, 372 Document Description of Document at D.N. 285) 289, 368 (Corrected D.N. 285) 283-7, 373 296 310-10,384 312 315-3,416 Exhibit 7 to Plaintiffs Memorandum in Support of Second motion for Sanctions Exhibit 1 to Plaintiffs Memorandum in Support of Third Motion for Sanctions Exhibit 6 to Plaintiffs Memorandum in Support of Third Motion for Sanctions Exhibit 7 to Plaintiffs Memorandum in Support of Third Motion for Sanctions Exhibit J to Defendants' Memorandum in Support of Motion in Limine 3 Exhibit 3 to Plaintiffs Memorandum in Support of Motion in Limine 3 316 320, 385 Defendants' Memorandum in Support of Motion to Exclude Becker 316 323-1,386 324 328, 375 324 329-2, 377 331 334,417 331 334-1,418 331 334-2,419 338 341-1,421 338 341-2,422 425 427 425 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 Plaintiffs Motion in Limine 2 Exhibit 1 to Plaintiffs Motion in Limine 2 Exhibit 2 to Plaintiffs Motion in Limine 2 Exhibit 1 to Plaintiffs Motion to Exclude Ugone Exhibit 2 to Plaintiffs Motion to Exclude Ugone Memorandum in Support of Plaintiff s Opposition to Defendant's Motion for Summary 427-2 Judgment Exhibit 3 to Plaintiffs Opposition to Defendant's Motion for Summary Judgment 425 427-2 425 427-2 425 427-2 425 427-5 425 427-5 425 427-5 425 427-5 425 427-5 425 427-8 425 427-8 425 427-8 425 427-11 Exhibit 4 to Plaintiffs Opposition to Defendant's Motion for Summary Judgment Exhibit 5 to Plaintiffs Opposition to Defendant's Motion for Summary Judgment Exhibit 8 to Plaintiffs Opposition to Defendant's Motion for Summary Judgment Exhibit 19 to Plaintiffs Opposition to Defendant's Motion for Summary Judgment Exhibit 11 to Plaintiffs Opposition to Defendant's Motion for Summary Judgment Exhibit 14 to Plaintiffs Opposition to Defendant's Motion for Summary Judgment Exhibit 17 to Plaintiffs Opposition to Defendant's Motion for Summary Judgment Exhibit 18 to Plaintiffs Opposition to Defendant's Motion for Summary Judgment Exhibit 22 to Plaintiffs Opposition to Defendant's Motion for Summary Judgment Exhibit 23 to Plaintiffs Opposition to Defendant's Motion for Summary Judgment Exhibit 24 to Plaintiffs Opposition to Defendant's Motion for Summary Judgment Exhibit 27 to Plaintiffs Opposition to Defendant's Motion for Summary Judgment 425 427-11 Exhibit 29 to Plaintiffs Opposition to Defendant's Motion for Summary Judgment 425 427-27 Exhibit 54 to Plaintiffs Opposition to Defendant's Motion for Summary Judgment 441 443 Plaintiffs Opposition to Defendants' Motionin Limine 2 441 443-1 Exhibit 1 to Plaintiffs Opposition to 443-2 Exhibit 2 to Plaintiffs Opposition to 451-1 Exhibit 1 to Plaintiffs Opposition to Defendants' Motion in Limine 2 441 Defendants' Motion in Limine 2 449 Defendants' Motion in Limine 4 457 460-5 Exhibit 5 to Plaintiffs Opposition to Defendants' Motion to Exclude Becker 457 460-7 Exhibit 7 to Plaintiffs Opposition to Defendants' Motion to Exclude Becker 462 464-2 Exhibit 2 to Plaintiffs Opposition to Defendants' Motion to Exclude Frieder 465 466 Defendants' Opposition to Plaintiffs Motionto Exclude Ugone 465 468-4 Exhibit D to Defendants' Opposition to Plaintiff's Motion to Exclude Ugone 465 468-5 Exhibit E to Defendants' Opposition to Plaintiffs Motion to Exclude Ugone 508 512-12 Exhibit 12 to Declaration of Howard Chen in Support of Defendants' Opposition to Plaintiffs Motion to Exclude Ungar 517 522-7 ExhibitG to Ghaussy Declaration in Support of Defendants' Opposition to Plaintiffs Second Motion for Sanctions 517 521 Defendants' Opposition to Plaintiffs Third Motion for Sanctions 517 523-2 Exhibit M to Kammerud Declaration in Support of Defendants' Opposition to Plaintiffs Third Motion for Sanctions 517 523-4 Exhibit O to Kammerud Declaration in Support of Defendants' Opposition to Plaintiffs Third Motion for Sanctions 517 523-5 Exhibit P to Kammerud Declaration in Support of Defendants' Opposition to Plaintiffs Third Motion for Sanctions 517 523-6 Exhibit Q to Kammerud Declaration in Support of Defendants' Opposition to Plaintiffs Third Motion for Sanctions 524 527 Defendants' Reply in Support of Motion for 571-1 Exhibit I to Defendants' Reply in Support of Summary Judgment 561 Motion to Exclude Frieder 567 569-1 Exhibit 1 to Plaintiffs Reply in Support of Motion to Exclude Ugone 569-2 567 Exhibit 2 to Plaintiffs Reply in Support of Motion to Exclude Ugone 651-2 647 Exhibit 2 to Plaintiffs Reply in Support of Third Motion for Sanctions 684 686-1 684 686-4 Exhibit 1 to Plaintiffs Opposition to Defendants' Motion to Dismiss Claims against AOL, Gannett, IAC, and Target Exhibit 4 to Plaintiffs Opposition to Defendants' Motion to Dismiss Claims against AOL, Gannett, IAC, and Target The Clerk is DIRECTED to send a copy ofthis Order to counsel and parties ofrecord. IT IS SO ORDERED. Norfolk, Virginia April V ,2013 / Raymond A.JJackson United States District Judge 10