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

Filing 1005

Declaration re 1003 Opposition, (of Joshua L. Sohn) in Support of Defendants' Opposition to Plaintiff's Motion for Leave to File Supplemental Memorandum Regarding Motion to Show Cause and Motion to Strike Plaintiff's Supplemental Memorandum by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Noona, Stephen)

EXHIBIT 1

Joshua Sohn
From:
Sent:
To:
Cc:
Subject:
Attachments:

Margaret P. Kammerud
Wednesday, March 07, 2012 4:51 PM
Brothers, Kenneth; zz-IPEngine
QE-IP Engine; Noona, Stephen E.; Burns, Robert; Alexander, Cortney; Bhateja, Rajiv
I/P Engine v. AOL et al.
4510860_6_Proposed ESI Agreement 3 7 12.doc; 4631416_2_3 7 12 [Proposed] Stipulation -TrackChanges.doc

Dear Ken:
I write in regards to the parties’ ongoing discussions concerning the ESI agreement and discovery agreement.
During our meet and confer telephone conference on March 1, 2012, you agreed to the most recent language in the ESI
agreement proposed by Google concerning custodial document production.
You stated that you believed that the parties had not reached an agreement with regards to instant messages. In
reviewing the parties’ correspondence on this issue, we determined that the parties already reached an agreement
concerning instant messages. On December 15, 2011, you proposed the following language be included in the ESI
agreement:
The following locations need not be searched and need not be preserved other than in the normal
course of business: information stored on personal digital assistants, personal mobile phones, personal
voicemail systems, and automated disaster recovery backup systems and/or disaster recovery backup
tapes. No party has an obligation to preserve corporate voicemails or corporate instant messages
created after September 17, 2011. If a requesting party has a reasonable basis for seeking production of
Responsive Documents from corporate voicemail systems or corporate instant messaging systems
created prior to September 17, 2011, then the parties shall meet and confer regarding the
implementation of that request.
By email the same day, Google accepted this proposed language. To the extent that the draft ESI agreement I circulated
on February 29, 2012 did not include all of this language, it was an inadvertent oversight. I have added the agreed upon
language above into the attached ESI agreement draft.
You expressed an interest in adding language to the ESI agreement concerning the process for collecting and processing
emails. You said you would send exemplar language for us to review. Once any proposal concerning the process for
collecting and processing emails is addressed, we believe the ESI agreement will be complete.
For the discovery agreement, we discussed clarifying the language concerning the supplementation of contentions. We
have revised the language slightly, as you can see in the highlighted portion of the attached discovery agreement draft
which reads as follows:
The parties may supplement their respective claim charts and contentions after this time only upon a
showing of good cause. Except, if a party believes in good faith that the Court’s claim construction
ruling so requires, no later than 7 days after the Court’s ruling, a party may supplement its Claim Charts
or Invalidity Contentions solely to address the Court’s claim construction.
Please let us know if you have any comments or questions.
Thanks,
Meg
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Margaret P. Kammerud
Quinn Emanuel Urquhart & Sullivan, LLP
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