Polaris IP, LLC v. Google Inc. et al

Filing 60

REPLY to Response to Motion re 40 MOTION to Dismiss the complaint filed by AOL, LLC., America Online, Inc.. (Maroulis, Victoria)

Polaris IP, LLC v. Google Inc. et al

Doc. 60

Case 2:07-cv-00371-TJW-CE

Document 60

Filed 11/13/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION POLARIS IP, LLC, Plaintiff, vs. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) GOOGLE INC.; YAHOO! INC.; AMAZON.COM, INC.; A9.COM, INC.; BORDERS, INC.; BORDERS GROUP INC.; AOL LLC; AMERICA ONLINE, INC.; IAC/INTERACTIVECORP; and IAC SEARCH AND MEDIA, INC., Defendants. § § § § § § § § § § § § § § § § § §

Civil Action No. 2:07-cv-371-TJW-CE

JURY TRIAL DEMANDED

AMERICA ONLINE, INC. AND AOL LLC'S REPLY TO POLARIS IP, LLC'S RESPONSE TO AOL'S MOTION TO DISMISS, MOTION FOR MORE DEFINITE STATEMENT, MOTION TO STRIKE, AND MOTION TO STAY DISCOVERY America Online, Inc. and AOL LLC (collectively, "AOL") file this Reply to Polaris IP, LLC's ("Polaris") Response to AOL's Motion to Dismiss, Motion for More Definitive Statement, Motion to Strike, and Motion to Stay Discovery. Polaris has not substantively answered AOL's Motion, other than to conclusively state that AOL's web site somehow infringes U.S. Patent 6,411,947. Rather, Polaris has incorporated its Response to Google's Motion. With respect to those arguments, AOL hereby incorporates by reference Google's Reply in Support of its Motion to Dismiss, or in the Alternative for a More Definitive Statement; Motion to Strike, and Motion to Stay Discovery.

51283/2293674.1

Dockets.Justia.com

Case 2:07-cv-00371-TJW-CE

Document 60

Filed 11/13/2007

Page 2 of 4

However, Polaris leaves unanswered the arguments presented on page 2 of AOL's Motion. www.aol.com is one of the largest web sites on the Internet: it offers a staggering variety of content and services to the consumer, from online shopping, consumer reviews, and AP wires to instant messaging, personal ads, and streaming audio. However, AOL does not offer any services relating to automated email messaging systems in the customer relationship management field-- the subject matter of the '947 patent. Rather than indicate which of the hundreds1 of AOL internet product offerings allegedly infringe the asserted patent-- a step that Polaris undertook with some of the other defendants-- Polaris merely declares that "www.aol.com's use of rule base and case base knowledge engines" so infringe. This formulaic recitation of an internet company's web address is equivalent to listing AOL's street address and declaring that "some" activity occurring therein infringes the claims of the patent. Such a declaration not only fails to provide the grounds on which Polaris' claims rest, it also fails to provide fair notice of the nature of the claim. For the foregoing reasons and those set forth in Google's and AOL's opening briefs and Google's Reply brief, the Court should grant AOL's motion in all respects.

1

An index to AOL's internet offerings may be found at http://daol.aol.com/main.

51283/2293674.1

Case 2:07-cv-00371-TJW-CE

Document 60

Filed 11/13/2007

Page 3 of 4

Dated: November 13, 2007

Respectfully submitted, By: _/s/ Victoria F. Maroulis

QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP CHARLES K. VERHOEVEN LEAD COUNSEL Cal. Bar No. 170151 [e-mail] JENNIFER A. KASH Cal. Bar No. 203679 [e-mail] KEVIN A. SMITH N.Y. Bar No. 4318952 [e-mail] 50 California St., 22nd Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] VICTORIA F. MAROULIS Cal. Bar No. 202603 (admitted in E.D. Tex.) [e-mail] 555 Twin Dolphin Dr., Suite 560 Redwood Shores, California 94065 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants America Online, Inc. & AOL LLC

51283/2293674.1

Case 2:07-cv-00371-TJW-CE

Document 60

Filed 11/13/2007

Page 4 of 4

CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3) on November 13, 2007. Any other counsel of record will be served by facsimile transmission and first class mail.

_/s/ Kevin Smith

51283/2293674.1