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 8 

DICKSTEI NS HAP I ROLLP
1825 Eye Street NW I Washington, DC 20006-5403
[phone] I FAX [phone] I dicksteinshapiro.com

TEL

February 9, 2012

Via E-mail

David Perl son, Esq.
Quinn Emanuel Urquhart & Sullivan, LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
Re:

Google's Outstanding Discovery Obligations

Dear David:
liP Engine writes in regards to Google's outstanding discovery obligations.
Since Google's stipulated technical production of December 7, 2011 (which Google has stated is
a repository pre-prepared for litigation purposes), Google has promised to produce a wide variety
of documents, including the following:
1) Full compliance with Google's discovery obligations with respect to at least lIP Engine
Document Request Nos. 26-30, 33-50 and 58-63, which correspond to non-technical
related document requests independent of custodial searches such as Defendants' relevant
financial information,
2) Documents related to Google's discussions and/or analysis regarding the advertising
systems of other defendants and third parties (Document Request Nos. 19 and 20),
3) Deposition transcripts from prior litigations and relevant licensing agreements, and
4) Google revenue data.
liP Engine also expects that Google is producing documents with respect to liP Engine's
Document Request Nos. 64-75.
Despite Google's promises, since December 7, 2011, Google only has produced 57 documents.
The 57 produced documents comprise only the prior art identified in Google's Invalidity
Contentions, certain deposition transcripts from relevant litigations (addressed in detail under
separate cover), and limited revenue documents.

Los Angeles

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Washington, DC
DSMDB·3027367

OICKSTEI NS HAP I ROllP
David Perlson, Esq.
February 9, 2012
Page 2
liP Engine has received no relevant licensing agreements and no documents related to its
discussions and/or analysis regarding the advertising systems of other defendants and third
parties. Notwithstanding, Google's obligations with respect to custodial searches relying upon
Google-related technical search terms (e.g., liP Engine Document Request Nos. 1-25,31,32 and
51-57) are outstanding. During the January 17th teleconference, Google requested that IfP
Engine provide it with a proposed list of search terms to further assist Google with its obligations
and IfP Engine did so on January 24,2012.
As it has mentioned before, IfP Engine is very concerned about the slow pace of production.
Unless Google is able to offer concrete production dates for all of its pending productions, we
intend to raise this issue at the Rule 16(b) conference on February 13,2012.

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Please do not hesitate to contact us if you have any questions.

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cc:

Stephen E. Noona
David Bilsker
Kenneth W. Brothers
Jeffrey K. Sherwood
DeAnna Allen

DSMDB-3027367