IconFind, Inc. v. Google, Inc.

Filing 36

MEMORANDUM by IconFind, Inc. in support of 35 Motion to Dismiss and Motion to Strike. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order)(Folgers, Anna) Modified on 4/20/2011 (Becknal, R).

EXHIBIT B

Haan, Brian
From:
Sent:
To:
Cc:
Subject:
Attachments:

John LaBarre [[e-mail]]
Monday, April 11, 2011 5:37 PM
Daniel L. Baxter; Niro, Raymond P Jr
Malecek, Michael; Kenneth Maikish; Niro, Raymond P; [e-mail]; Folgers,
Anna; Haan, Brian
IconFind - First Amended Answer
Google - IconFind First Amended Answer and Counterclaims.pdf

Ray and Daniel Attached is a copy of Google's recently filed First Amended Answer and Counterclaims. Without addressing any issues
raised in your recently filed Motion to Dimiss/Strike, in the interests of seeking to have the Court and the parties focus on
the merits of this matter, we believe that this Amended Answer moots the substance of your motion. Accordingly, please
let us know by COB Tuesday, April 12, 2011, whether Plaintiff agrees to withdraw its motion.
Regards,
John

-John LaBarre | Litigation
Google Inc. | 1600 Amphitheatre Parkway
Mountain View | CA | 94043 | T: 650.336.5780

PRIVILEGE AND CONFIDENTIALITY NOTICE: If you received this communication by mistake, please
don't forward it to anyone else (it may contain confidential or privileged information), please erase all copies of
it, including all attachments, and please let the sender know it went to the wrong person. Thanks.

1

Haan, Brian
From:
Sent:
To:
Cc:
Subject:
Attachments:

John LaBarre [[e-mail]]
Tuesday, April 12, 2011 5:19 PM
Sucic, Carolyn; Haan, Brian
[e-mail]; [e-mail]; Niro, Raymond P
Jr; Folgers, Anna; [e-mail]
Re: IconFind Inc. v. Google Inc. / Case No. 2:11-cv-00319-GEB-JFM
2001_WL_36043487_Network Caching Tech.pdf

Brian I write in response to your letter from earlier today in which you suggest that you will withdraw your motion to dismiss in
light of Google's Amended Answer if Google is willing to agree to substantively respond to as-of-yet unserved discovery
requests. Your motion goes to the notion of sufficiency of pleadings, and, we believe our Answer and Counterclaims
provide you with the level of detail to which you are entitled at this stage of the matter. See,e.g.,Network Caching
Technology, LLC v. Novell, Inc., 2001 WL 36043487, *2 (N.D. Cal. Dec. 31, 2001) which cites the exact language in our
Amended Answer as being sufficient at this stage of a litigation (relevant portions highlighted in the attached).
I certainly do not mean to suggest that Google will be obstructionist in its discovery responses; we won't. Beyond that
assurance, however, it is simply not possible for Google to agree to waive objections to interrogatory requests that it has
not yet seen.
Please advise whether you will withdraw your motion.

Regards,
John

-John LaBarre | Litigation
Google Inc. | 1600 Amphitheatre Parkway
Mountain View | CA | 94043 | T: 650.336.5780

PRIVILEGE AND CONFIDENTIALITY NOTICE: If you received this communication by mistake, please
don't forward it to anyone else (it may contain confidential or privileged information), please erase all copies of
it, including all attachments, and please let the sender know it went to the wrong person. Thanks.

On Tue, Apr 12, 2011 at 10:08 AM, Sucic, Carolyn <[e-mail]> wrote:
The attached email correspondence has been transmitted on behalf of Brian E. Haan.
Thank you.
Carolyn A. Sucic
Assistant to Richard B. Megley, Jr., Tahiti Arsulowicz and Brian E. Haan
1

Niro, Haller & Niro
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[phone] (Direct)
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Please consider the environment before printing this e-mail

THIS TRANSMISSION, AND ANY ATTACHED FILES, MAY CONTAIN INFORMATION FROM THE LAW FIRM OF NIRO, HALLER & NIRO WHICH IS
CONFIDENTIAL AND/OR LEGALLY PRIVILEGED. SUCH INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM THIS
TRANSMISSION IS ADDRESSED. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING,
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THAT COPIES OF THIS TRANSMISSION AND ANY ATTACHED FILES SHOULD BE DELETED FROM YOUR DISK DIRECTORIES IMMEDIATELY, AND THAT
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TRANSMISSION IN ERROR, PLEASE NOTIFY US BY TELEPHONE OR E-MAIL IMMEDIATELY.

2

Haan, Brian
From:
Sent:
To:
Cc:
Subject:

John LaBarre [[e-mail]]
Thursday, April 14, 2011 12:41 PM
Sucic, Carolyn; Haan, Brian
[e-mail]; [e-mail]; Niro, Raymond P
Jr; Folgers, Anna; [e-mail]
Re: IconFind Inc. v. Google Inc. / Case No. 2:11-cv-00319-GEB-JFM

Brian I write to follow up to your letter from yesterday. It seems we are still in the same place. Our position remains
that, especially as amended, our Answers and Counterclaims are sufficient. And again, I reiterate that it is not
Google's intent or practice to be obstructionist in its response to discovery requests. That said, Google can not
(and will not) agree to waive objections to discovery requests it has not yet seen.
If you agree to withdraw your motion, please let us know. If not, we will proceed with motion practice.
Regards,
John

-John LaBarre | Litigation
Google Inc. | 1600 Amphitheatre Parkway
Mountain View | CA | 94043 | T: 650.336.5780

PRIVILEGE AND CONFIDENTIALITY NOTICE: If you received this communication by mistake, please
don't forward it to anyone else (it may contain confidential or privileged information), please erase all copies of
it, including all attachments, and please let the sender know it went to the wrong person. Thanks.

On Wed, Apr 13, 2011 at 12:12 PM, Sucic, Carolyn <[e-mail]> wrote:
The attached email correspondence has been transmitted on behalf of Brian E. Haan.

Thank you.

Carolyn A. Sucic
Assistant to Richard B. Megley, Jr., Tahiti Arsulowicz and Brian E. Haan
1

Niro, Haller & Niro
181 West Madison Street, Suite 4600
Chicago, IL 60602
[phone] (Main)
[phone] (Direct)
[phone] (Main Facsimile)
[phone] (Direct Facsimile)
Email: [e-mail]
Please consider the environment before printing this e-mail

THIS TRANSMISSION, AND ANY ATTACHED FILES, MAY CONTAIN INFORMATION FROM THE LAW FIRM OF NIRO, HALLER & NIRO WHICH IS
CONFIDENTIAL AND/OR LEGALLY PRIVILEGED. SUCH INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM THIS
TRANSMISSION IS ADDRESSED. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING,
DISTRIBUTION OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS TRANSMITTED INFORMATION IS STRICTLY PROHIBITED,
THAT COPIES OF THIS TRANSMISSION AND ANY ATTACHED FILES SHOULD BE DELETED FROM YOUR DISK DIRECTORIES IMMEDIATELY, AND THAT
ANY PRINTED COPIES OF THIS TRANSMISSION OR ATTACHED FILES SHOULD BE RETURNED TO NIRO, HALLER & NIRO. IF YOU HAVE RECEIVED THIS
TRANSMISSION IN ERROR, PLEASE NOTIFY US BY TELEPHONE OR E-MAIL IMMEDIATELY.

2