I/P Engine, Inc. v. AOL, Inc. et al
Filing
140
Declaration re 139 Reply to Response to Motion (of Emily C. O'Brien) in Support of Defendant Google Inc.'s and IAC Search & Media,Inc.'s Reply Brief in Support of Their Motion to Compel Plaintiff to Supplement its Infringement Contentions by Google Inc., IAC Search & Media, Inc.. (Attachments: # 1 Exhibit X, # 2 Exhibit Y, # 3 Exhibit Z, # 4 Exhibit AA, # 5 Exhibit BB)(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 C. O’BRIEN IN SUPPORT OF DEFENDANT GOOGLE
INC.’S AND IAC SEARCH & MEDIA, INC.’S REPLY BRIEF IN SUPPORT OF THEIR
MOTION TO COMPEL PLAINTIFF TO SUPPLEMENT ITS INFRINGEMENT
CONTENTIONS
I, Emily C. 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. 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.
Attached hereto as Exhibit X is a true and correct copy of Plaintiff’s First
Liability Rule 30(b)(6) Notice of Deposition of Google dated April 2, 2012.
3.
Attached hereto as Exhibit Y is a true and correct copy of Plaintiff’s First
Liability Rule 30(b)(6) Notice of Deposition of IAC Search dated April 2, 2012.
4.
Attached hereto as Exhibit Z is a true and correct copy of a letter from David
Perlson to Kenneth Brothers dated January 5, 2012.
5.
Attached hereto as Exhibit AA is a true and correct copy of Google’s Second
Supplemental Objections and Responses to Interrogatory Nos. 6-7 of Plaintiff’s First Set of
Interrogatories, dated March 30, 2012.
6.
Attached hereto as Exhibit BB is a true and correct copy of a letter from Jennifer
Ghaussy to Charles Monterio dated April 10, 2012.
7.
Google’s confirmations that it intended to supplement its non-infringement
contentions were not made in response to a threat of a motion to compel. Google confirmed on
March 13, 2012 that it would supplement its response to Interrogatory No. 6. On March 15,
Google confirmed that this supplementation would be completed by March 30, 2012. Plaintiff
did not begin threatening to move to compel Google’s non-infringement contentions until March
23, 2012, after Google had already confirmed that it would supplement.
8.
In the time period between March 16 and March 27, 2012, the parties engaged in
correspondence and meet and confers related to claim construction issues. For example, the
parties exchanged correspondence regarding Defendants’ proposed terms for construction on
March 15 and March 16. On March 19, the parties met and conferred by telephone to discuss the
list of proposed terms. That day and the next, the parties exchanged a series of emails
negotiating the list of terms to be construed, and on March 21 the parties exchanged some
proposed constructions. On March 22, Defendants emailed Plaintiff regarding the list of terms in
dispute, and Plaintiff responded the next day. On March 27, Defendants followed up on
unanswered questions regarding Plaintiff’s proposed constructions and stated that they waited
results from Plaintiff’s further investigation.
I declare under penalty of perjury of the laws of the United States that the foregoing is
true and correct.
Dated: April 19, 2012
Emily C. O’Brien
DATED: April 19, 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: (757) 624.3000
Facsimile: (757) 624.3169
senoona@kaufcan.com
Counsel for Google Inc. and
IAC Search & Media, Inc.
David Bilsker
David A. Perlson
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: (415) 875-6600
Facsimile: (415) 875-6700
davidbilsker@quinnemanuel.com
davidperlson@quinnemanuel.com
Counsel for Google Inc. and
IAC Search & Media, Inc.
CERTIFICATE OF SERVICE
I hereby certify that on April 19, 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: (202) 420-2200
Facsimile: (202) 420-2201
sherwoodj@dicksteinshapiro.com
brothersk@dicksteinshapiro.com
Donald C. Schultz
W. Ryan Snow
Steven Stancliff
CRENSHAW, WARE & MARTIN, P.L.C.
150 West Main Street, Suite 1500
Norfolk, VA 23510
Telephone: (757) 623-3000
Facsimile: (757) 623-5735
dschultz@cwm-law.cm
wrsnow@cwm-law.com
sstancliff@cwm-law.com
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: (757) 624-3000
Facsimile: (757) 624-3169
senoona@kaufcan.com
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: (757) 624.3000
Facsimile: (757) 624.3169
senoona@kaufcan.com
11661310_1.DOC
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