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

Filing 128

Declaration re 127 Memorandum in Opposition,, Declaration of Charles J. Monterio, Jr. in Support of I/P Engine's Opposition to Google and IAC's Motion to Compel Plaintiff to Supplement Its Infringement Contentions by I/P Engine, Inc.. (Sherwood, Jeffrey)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
__________________________________________
)
)
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Plaintiff,
)
v.
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)
AOL, INC. et al.,
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)
Defendants.
)
__________________________________________)
I/P ENGINE, INC.,

Civ. Action No. 2:11-cv-512

DECLARATION OF CHARLES J. MONTERIO, JR.
IN SUPPORT OF I/P ENGINE’S OPPOSITION TO GOOGLE AND IAC’S MOTION TO
COMPEL PLAINTIFF TO SUPPLEMENT ITS INFRINGEMENT CONTENTIONS

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. This declaration is submitted in support of I/P Engine’s Opposition to
Google and IAC’s Motion to Compel Plaintiff to Supplement its Infringement Contentions, filed
herewith.
2.

On February 13, 2012, Google supplemented its response to I/P Engine’s

Interrogatory No. 6 by citing, pursuant to Rule 33(d), over 1,000 documents that it contended
showed non-infringement.
3.

I/P Engine has reviewed every one of those documents, and has failed to locate

any evidence that contradicts I/P Engine’s infringement contentions served on February 17, 2012
or relates to any non-infringement arguments.

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4.

On March 16, 2012, counsel for I/P Engine sent an email and left a detailed

voicemail for Steve Noona, local counsel for Defendants, explaining that I/P Engine’s February
17, 2012 infringement contentions were its current contentions, and that I/P Engine intended to
supplement as discovery progressed.
5.

The parties conducted a meet and confer on April 9, 2012 to discuss Google’s

custodial production.
6.

During the April 9, 2012 meet and confer, Google promised to produce its

custodial documents by June 15, 2012.
7.

On April 12, 2012, I/P Engine served Rule 30(b)(6) deposition notices on

Defendants Google Inc., Gannett Company, Inc., IAC Search & Media, Inc., and Target
Corporation.

Dated: April 12, 2012

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.

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CERTIFICATE OF SERVICE
I hereby certify that on this 12th day of April, 2012, the foregoing DECLARATION OF
CHARLES J. MONTERIO, JR. IN SUPPORT OF I/P ENGINE’S OPPOSITION TO
GOOGLE AND IAC’S MOTION TO COMPEL PLAINTIFF TO SUPPLEMENT ITS
INFRINGEMENT CONTENTIONS, was served via the Court’s CM/ECF system, on the
following:
Stephen Edward Noona
Kaufman & Canoles, P.C.
150 W Main St
Suite 2100
Norfolk, VA 23510
[e-mail]
David Bilsker
David Perlson
Quinn Emanuel Urquhart & Sullivan LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
[e-mail]
[e-mail]
Robert L. Burns
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
[e-mail]
Cortney S. Alexander
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
[e-mail]
/s/ Jeffrey K. Sherwood

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