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

Filing 110

Declaration re 109 Memorandum in Opposition, of Emily O'Brien by Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Noona, Stephen)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION

I/P ENGINE, INC.
Plaintiff,
v.

Civil Action No. 2:11-cv-512

AOL, INC., et al.,
Defendants.

DECLARATION OF EMILY O'BRIEN IN SUPPORT OF DEFENDANTS’
OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL COMPLIANCE WITH THE
COURT’S SCHEDULING ORDER
I, Emily O'Brien, declare as follows:
1.

I am an attorney in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP and am

counsel for Defendants IAC Search & Media, Inc., Gannett Co., Inc., Target Corporation, and
Google Inc. in the above-captioned case. I provide this declaration upon personal knowledge
and, if called upon as a witness, would testify competently as to the matters recited herein.
2.

On April 9, the parties further discussed their claim construction issues during a meet and

confer. Defendants noted that they believed the parties already had no more than 10 issues for
the Court to address. Defendants further noted that they hoped to be able to reach agreement on
Plaintiff’s proposals for the terms “informon” and “user,” as well as for the relevance terms.
Counsel for Defendants agreed to discuss with their clients, and get back to Plaintiff as soon as

possible. Given the hour, however, the Defendants could not do that, and also get their
Opposition on file that night. Thus, Defendants asked if Plaintiff would be willing to agree to a
one or two day extension of time for Defendants’ opposition to Plaintiff’s motion, in order to
focus their attention on resolving the claim construction issues and providing proposals, rather
than finalize their Opposition to Plaintiff’s motion. Defendants pointed out this extension would
not prejudice Plaintiff, as no ruling on Plaintiff’s motion would be likely before the parties file
their Opening Markman brief just a few days later. Nevertheless, Plaintiff refused, forcing
Defendants to file their Opposition.
3.

Even after Defendants told Plaintiff that they could not engage in further meeting and

conferring on the claim construction terms the evening of April 9 because they needed to focus
on finishing this brief, Plaintiff continued to press for agreement on its proposed constructions
and also misrepresent the statements made by Defendants’ counsel regarding those constructions.
4.

I declare under penalty of perjury of the laws of the United States that the foregoing is

true and correct.

Dated: April 9, 2012
Emily O'Brien

DATED: April 9, 2012

/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Google Inc.,
Target Corporation,
IAC Search & Media, Inc.,
Gannet Co., Inc. and AOL, Inc.
David Bilsker
David A. Perlson
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Counsel for Google Inc.,
Target Corporation,
IAC Search & Media, Inc.,
Gannet Co., Inc.

CERTIFICATE OF SERVICE
I hereby certify that on April 9, 2012, I will electronically file the foregoing with the
Clerk of Court using the CM/ECF system, which will send a notification of such filing (NEF) to
the following:
Jeffrey K. Sherwood
Kenneth W. Brothers
DICKSTEIN SHAPIRO LLP
1825 Eye Street NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Donald C. Schultz
W. Ryan Snow
Steven Stancliff
CRENSHAW, WARE & MARTIN, P.L.C.
150 West Main Street, Suite 1500
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for Plaintiff, I/P Engine, Inc.

Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Google Inc.,
Target Corporation,
IAC Search & Media, Inc.,
Gannet Co., Inc. and AOL, Inc.

/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]