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

Filing 1032

Memorandum in Support re 978 MOTION for Order to Show Cause UNDER RULE 37 FOR NONCOMPLIANCE WITH AUGUST 13, 2013 ORDER (Supplemental Memorandum Setting Forth Additional Facts) filed by I/P Engine, Inc.. (Attachments: # 1 Declaration of Charles J. Monterio, Jr. in Support of I/P Engine's Supplemental Memorandum of Additional Facts)(Sherwood, Jeffrey)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
__________________________________________
)
I/P ENGINE, INC.,
)
)
Plaintiff,
)
v.
)
Civ. Action No. 2:11-cv-512
)
AOL, INC. et al.,
)
)
Defendants.
)
__________________________________________)
DECLARATION OF CHARLES J. MONTERIO, JR. IN SUPPORT OF
I/P ENGINE’S SUPPLEMENTAL MEMORANDUM OF ADDITIONAL FACTS

I, Charles J. Monterio, Jr., declare as follows:
1.

I am an attorney with the law firm of Dickstein Shapiro LLP, 1825 Eye Street

N.W., Washington, DC 20006 and am counsel for Plaintiff I/P Engine, Inc. (“I/P Engine”) in the
above-captioned case.
2.

On Friday, September 20, 2013, I/P Engine deposed Mr. Bartholomew Furrow

about the changes Google made to its AdWords system.
3.

Based on Mr. Furrow’s testimony, on Monday, September 23, 2013, I/P Engine

requested that Google produce:
•

•
4.

The textual descriptions in change lists associated with change list
numbers for all produced source code files (accessible by at least the
); and
The

entry for

.

During Mr. Furrow’s deposition, he confirmed that these documents existed and

are relevant to the changes in the AdWords system.

1

3

4

11.

I have also reviewed Google’s website, and more specifically these two sites:

https://support.google.com/a/answer/34169?hl=en and
https://support.google.com/talk/answer/29291?hl=en. Based my review of Google’s website,
electronic conversations that occur through Google Talk or Google Hangouts can be logged and
retained.

I declare under penalty of perjury of the laws of the United States of America that the
foregoing is true and correct.

Dated: October 31, 2013

By: ___/s/ Charles J. Monterio, Jr. ______
Charles J. Monterio Jr.
DICKSTEIN SHAPIRO LLP
1825 Eye Street, NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff I/P Engine, Inc.

5