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

Filing 118

Memorandum in Support re 117 MOTION to Compel Plaintiff I/P Engine's Motion to Compel Defendant Google, Inc.'s Custodial Document Production filed by I/P Engine, Inc.. (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, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Proposed Order)(Sherwood, Jeffrey)

Exhibit 1 

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.

STIPULATION

Counsel for Plaintiff I/P ENGINE, INC. and Counsel for Defendants AOL, INC.,
GOOGLE, INC., IAC SEARCH & MEDIA, INC., GANNETT COMPANY, INC., and
TARGET CORPORATION (collectively “Defendants”) stipulate to the following:
1.

By no later than November 7, 2011, Plaintiff shall provide Defendants with a

preliminary identification of asserted claims.
2.

By no later than November 7, 2011, Plaintiff shall provide Defendants with a

claim chart for Google Adwords and Google Search identifying, for each element of each
asserted independent claim, representative evidence relating to an allegedly infringing system or
process. This disclosure shall in no way limit Plaintiff from supplementing, or from seeking and
obtaining any discovery, or later identifying other claims, or accused systems or processes.
3.

By no later than November 7, 2011, Plaintiff may serve Google its initial written

discovery . Google shall serve its objections by no later than November 22, 2011. Google shall
serve its responses, and produce responsive documents, by no later than December 7, 2011.
Google’s initial production of documents shall be from the technical document repositories
corresponding to the systems or functionalities identified in Plaintiff’s claim charts.

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4. By no later than November 11, 2011, Plaintiff shall provide the non-Google
Defendants with claim charts for their use of Google AdWords, AOL White Label, AOL
Advertising, and Ask.com, identifying, for each element of each asserted independent claim,
representative evidence relating to an allegedly infringing system or process. This disclosure
shall in no way limit Plaintiff from supplementing, or from seeking and obtaining any discovery,
or later identifying other claims, or accused systems or processes.
5.

By no later than November 11, 2011, Plaintiff may serve non-Google Defendants

its initial written discovery. The non-Google Defendants shall serve their objections by no later
than November 28, 2011. The non-Google Defendants shall serve their responses, and produce
responsive documents, by no later than December 12, 2011. The non-Google Defendants’ initial
production of documents shall be from the technical document repositories corresponding to the
systems or functionalities identified in Plaintiff’s claim charts.
6.

Following production and review of such technical documents, should Plaintiff

desire additional technical documents from the files of individual custodians, Defendants and
Plaintiff shall meet-and-confer. The parties also shall meet and confer regarding Defendants’
production of non-technical documents.
7. By no later than November 7, 2011, Defendants may serve their initial written
discovery on Plaintiff. Plaintiff shall serve its objections by no later than November 22, 2011.
Plaintiff shall serve its responses, and produce responsive documents, by no later than December
7, 2011. Plaintiff’s document production in response to Defendants’ initial document requests
shall include at least the following categories of documents: (a) the complete file wrappers for
the patents-in-suit; (b) the complete file wrappers for any patents that claim priority to the same
parent application as the patents-in-suit; (c) any license agreements granting rights to either of
the patents-in-suit; (d) documents sufficient to show the operation of any commercial
embodiments of the patents-in-suit; (e) documents sufficient to show the conception of the
patents-in-suit, including the date of such conception; and (f) documents sufficient to show the
reduction-to-practice of the patents-in-suit, including the date of such reduction-to-practice.
8.

Defendants shall not move or otherwise seek to transfer or sever any party from

this Action, or otherwise assert that this venue is inconvenient for any reason.
9.

Defendants shall file their Answers on November 14, 2011.

10.

This Stipulation may be filed with the Court at the discretion of any Party.

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Dated: November 4, 2011

By: /s/ Kenneth W. Brothers
Jeffrey K. Sherwood (Virginia Bar No. 19222)
Frank C. Cimino, Jr.
Kenneth W. Brothers
DICKSTEIN SHAPIRO LLP
1825 Eye Street, NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
Richard H. Ottinger (Virginia Bar No. 38842)
VANDEVENTER BLACK LLP
500 World Trade Center
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff
I/P ENGINE, INC.

Dated: November 4, 2011

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By: /s/ David Bilsker
David Bilsker
QUINN EMANUEL URQUHART &
SULLIVAN LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
415-875-6600
Telephone: [phone]
Facsimile: [phone]

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By: /s/ Stephen E. Noona
Stephen E. Noona (Virginia Bar No. 25367)
KAUFMAN & CANOLES, P.C.
150 West Main Street
Post Office Box 3037
Norfolk, VA 23514
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendants
GOOGLE, INC.,
IAC SEARCH & MEDIA, INC.,
GANNETT COMPANY, INC., and TARGET
CORPORATION
By: /s/ Robert L. Burns
Robert L. Burns
FINNEGAN HENDERSON FARABOW
GARRETT & DUNNER, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190-5675
Telephone: [phone]
Facsimile: [phone]
By: /s/ Stephen E. Noona
Stephen E. Noona (Virginia Bar No. 25367)
KAUFMAN & CANOLES, P.C.
150 West Main Street
Post Office Box 3037
Norfolk, VA 23514
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendant
AOL, INC.

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