I/P Engine, Inc. v. AOL, Inc. et al
Filing
147
Declaration re 145 Opposition (of Emily O'Brien) in Support of Google Inc.'s Opposition to Plaintiff's Motion to Compel Google's Custodial Document Production by Google Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Noona, Stephen)
DICKSTEINSHAPI
825
TEL
Eye
202
NW
Street
24
DC 20006-5403
Washington
202
420-2200
January
ROLLP
420-2201
dicksteinshapirocom
2012
Via E-mail
David Perison Esq
Quinn Emanuel Urquhart
Sullivan
LLP
50 California Street 22nd Floor
CA
San Francisco
Re
94111
17 2011 Meet and Confer
January
Teleconference
Dear David
Thank you
for
with
letter
and confer
as
your characterizations
The
January
23 2012
we
were
have preliminarily
parties
I/P
document
agreed
for
Google
Jonathan McPhie
and Rishi Khaitan
to
to
respond
I/P
and
Engine does not agree
comments of your
conduct custodial
Furrow Bryan Horling
using
correct
17 2012
productions
familiar with the
Huber Hal Varian Jonathan Alferness Bartholomew
Matt Kulick
Engine writes
on January
teleconference
search terms and outstanding
to
respect
dated
letter
the meet
further clarify
With
your
at least
the following
January
searches
Daniel
2012
for
Jeff
Wright
agreed-upon
search terms
5867799
664
or
420
or
I/P
or
799
/2
patent
6775664
or 6775664
or 10/045198
6314420
or 6314420
or 09/204149
pat w/4
664
w/4
appl
5867799
or
or
198
420
149
or
Engine
Andrew
Ken
w/3
Lang
Don
w/3
Kosak
or
Donald
or
demand
search
scan
/3
content
search /3
based
collaborative
network
or content-based
filter
feedback
filter
data
inlormon
Lycos
content
Los Angeles
New
/2
profile
York
Orange
County
Silicon
Valley
Stamford
Washington
DC
DSMDB-3020693
DICKSTEINSHAPIROLLP
David Perison Esq
24
January
2012
Page
collaborative
or collaborative
filter
/10
filtering
content
or content
filter
filtering
hybrid
/2
/2
or hybrid
filter
filtering
Wisewire
These search terms
The
used
search terms are relevant terms
terms they
to
of the remaining terms are directed
last
I/P
term hybrid
primarily
and not
it
proposed
that
accusation
I/P
Engine
current
right
to
request
I/P
or things
during
with
such as Defendants
and
provided
custodial
third
for
further
requested
assist
search terms
should
further
call that
Google
below
for
not be interpreted
its
I/P
discussions
list
is
I/P
requests
Googles
the
to
and reserves
basis based
the
to
Engine agrees
exhaustive
reasonable
the
upon information
of Googles document
Defendants are complying
requests
with
Nos 26-30
production
discovery
independent of custodial searches
Engine also understood
analysis regarding
Request
their
33-50 and 58-63
Engine expects the same
I/P
and/or
Document
how
that
investigation
information
our meet
during
Nos
19
31
obligations
Googles
as binding
and confer
and
with respect
20
to
would
Google
that
the advertising
systems
based on the
with
it
I/P
During
another
proposed
searches
andlor
exhaustive
I/P
list
17th
e.g
listing
Engines proposed
and are preliminary
I/P
Engine
teleconference
of search terms
the requested
with
obligations
search terms
the January
Engine provides
custodial
was Googles
technical
Google-related
32 and 51-57
Engine provide
with
that
reason
this
Engine asked Google
document
although
this
Engine Document Request
relying upon
1-25
I/P
For
search terms
discussion
searches
that
its
The
and useful search terms
of helpful
related document
parties
applicable
Document Request Nos
Google
I/P
financial
related to
Thus what remained
to
least
list
Document Request Nos 64-75
of other defendants
respect
at
relevant
search for documents
previously
to
I/P
Engines
I/P
complete review
upon
from the
non-technical
to
of
all
warranted on
during
or obtains
understands
respect
which correspond
Engines
discovers
it
the patents-in-suit
of the patents-in-suit or Plaintiff
reason
17th teleconference
if
with
Two
of the patents-in-suit or Plaintiff
does not agree
it
custodians
discovery
further
Engine
obligations
I/P
custodians
additional
this
same
the patents-in-suit
both incorrect and counterproductive
is
establishing
the January
during
of Google
list
documents
receives
stated
to
Googles knowledge
of the call which was
objective
For
the exact
Googles agreed-upon search
that
and discussions
responsive
Engine was unprepared
I/P
associated
17th teleconference
or documents
search for documents
to
uses
Google
term proposed by Google
is
filtering
unless
those discussing
entities
knowledge
business
on issues other than
other than
corporate
the January
Google
to
Googles own
to
focused
As
related
to
or hybrid
filter
Engine observed during
terms
the patents-in-suit
in
Seven of the next ten
the patents-in-suit or Plaintiff
to
not identify any documents
will
of the patents-in-suit or Plaintiff
knowledge
Google
search terms solely relate
eight
first
primarily relate
To
of proposed
search terms
and based upon an
DSMDB-3020693
IC
APIR
KSTE INS
OLLP
David Perison Esq
January
24
2012
Page
incomplete
review of Googles document
lIP
production
the following
Engine provides
of
list
search terms
Term
Rationale
Quality Score
I/P
Engine seeks
information
referenced
on G-I/P
how
represented
AdWords
LPQ
or
Landing
Quality and
that
score
determined
score
QBB
w/5
pCTR
is
that
score
Relevance
I/P
or
and Inventory
or
Ads
is
used
score that
It
in
determined
based on
score
is
not
documents
appear
but
quality score
Relevance
score
the Quality
0146189
Keyword
spam score
I/P
is
that
how
is
This
MEU
I/P
it
score
I/P
is
is
determined
or
It
Engine seeks
Ads Coverage
on
the
the
system independent of
Engine
I/P
how
that
appears
is
to best locate
to
open
any
documents
on page G-I/P
the score referenced
information
used
in
related to the
on G-I/P
Engine-
represented
and discussed
quality score
information
represented
for
represented
and discussed
Google
MEU
e.g how
at
is
that
is
is
MBU
e.g how
at
it
that
Google
related to the
on G-IIP Engine-0146187
e.g
at
disabling
related to the
and discussed
information
Keyword spam
Engine-0146189
on G-IIP Engine-0 146187
Engine seeks
referenced
so I/P
for generating
determined by
referenced
Engine seeks
determined
Google
Relevance
that
of course would not necessarily include
determined
referenced
MBU
the Inventory
e.g
at
determined and represented
Engine seeks
score
is
Relevance
and discussed
be responsible
by Google
how
it
This
Engine-0146189
Score calculations
suggestions
explaining
is
how
for disabling
team name on documents
their
QBB pCTR
Google
at
Google
at
is
it
This
Google
related to the
represented
to
score
disabling
and discussed
term
the
89 e.g how
at
the capitalization
defined
LPQ
Engine-01461 89 e.g
on G-I/P
mentioning
teams who
for
is
Google
at
related to the
information
appears
is
Engine-01461
quality score
referenced
is
in
and discussed
on G-I/P
is
it
used
it
related to the
information
represented
how
it
discussed
is
quality score
Engine seeks
how
Coverage
in
referenced
is
determined
Relevance score
on G-I/P
represented
used
it
information
Engine seeks
I/P
how
and
referenced
is
is
system
Engine seeks
l/P
Page
e.g how
Engine-0146189
calculated
it
Score
related to the Quality
it
is
Google
DSMDB-3020693
DICKSTEINSHAPIROLLP
David Perison Esq
January
24
2012
Page
Term
Rationale
and Ads
Disabling
I/P
Engine seeks
system as discussed
Engine seeks
the ads
to
Engine-0 146190
I/P
in
Engine-0 146186
on pages G-I/P
I/P
Ads Quality
on Disabling
information
which
ads
described
is
focus
information
and
we
In particular
from content
be the team
ads
Ads
of our
the relevance
improving
focus
Quality team
100 Googlers who
group of over
as
on maintaining
on the
on search ads
as
distinguished
This appears
Engine-0 146186
for the relevance
responsible
G-JIP
directly
to
calculation
SmartASS and DumbASS
I/P
Engine seeks
and
differences
SmartAss and
I/P
pCTR
Engine seeks
information
testing
results
on the
similarities
between
how
and
these two
systems
SmartAss computes
information
on
information
on the architecture and use of
pCTR
Ad Shard
I/P
Engine seeks
Ad Shards
Media
Empirical
I/P
as described
Engine seeks
on G-I/P
Engine-00088 19
on the Empirical
any Google
discussions
information
on where
Google
utilizes
on where
Google
utilizes
Media company
Adwords
User Feedback
and
I/P
or clickthrough
I/P
Engine seeks
user feedback
Click-through
CTR
or click
through
or
Engine
CTR
and
seeks
in
Ad Words
information
Ad Words
in
Adwords
Virtuous
Circle
I/P
this
Relevance
and holy grail
Conversion
rate
I/P
this
I/P
this
revenue
per search
I/P
this
I/P
coverage
this
I/P
depth
this
cost
I/P
per click
or
Engine reserves
based upon
CPC
I/P
Engine seeks
reasonably
information documents
relevant to
Google
use
of
information
relevant to
Googles
use
of
information
relevant to
Googles
use
of
information
relevant to
Google
use
of
information
relevant to
Google
use
of
information
relevant to
Googles
use
of
information
on where
term
Engine seeks
term
Engine seeks
term
Engine seeks
term
Engine seeks
term
Engine seeks
term
Engine seeks
CPC
the right to
information
utilizes
Ad Words
in
request
or things
Google
it
additional
discovers
custodians
during
and/or
search terms
complete review
of Googles
DSMDB-3020693
DIC KST
HAP IRO
IN
David Perlson Esq
24
January
2012
Page
production receives
document
has
example Google
defenses
and/or
If
licenses
to
the right
reserves
With respect
to
productions
17 2012
including
Engine
is
concerned
very
document
the parties
Unless Google
productions
we
With respect
to
explained
its
Mr
third
documents
able to
this
your January
by
produced
and
will
Mr
providing
in
stating
the
technical
16b
it
connection
Engine
is
Engine also
relevant
capture
below and
your January 23rd
to
on Googles comments
there are no other anticipated
there are numerous
to
between
the search term discussion
dates for
that
reiterated
was
activities
not causing
of
has
it
appropriate
with
all
its
pending
on February 13 2012
conference
Engine
I/P
document
to
previously
review
the Lycos and
an inappropriate
to
review
before
practice
We
delay
the third
supplementing
currently
or near the
at
occurring
of which were held by Google
some
basis to
document
discussed
Based
that
Engine intends
I/P
or any reduction
No
I/P
Engine noted
I/P
Google agreed
receive
November
identified
in
I/P
as
although
production
why
Instead
pass-along
more
4th
asserted
document
robust
it
Engine explained
its
incorrect
and
is
for
it
infringement
The
week
for
its
as
party
response
are reviewing those
see
each system
has
documents
contentions
of your January
on an expedited
early in the
the parties
Engine providing
and
paragraphs
identified
by
articulated
previously
sentence
agreement between
as follows I/P
and claim charts
productions
that
the second
that
produce technical
supplemental
Stipulation
claims
position
would
documents was
based on those technical
preliminary
to
timely supplement
basis in order to then
articulated
I/P
receive
According
upon
Engine
I/P
and Lycos
Lang
on
Additionally
letter
No
Lycos
Regarding Googles Interrogatory
positions
offer concrete
letter
the date of conception
documents
case
licenses in
week
pipeline
issue at the Rule
productions
23rd
should
it
of production
Engine has explained
with
that
Engine understands
I/P
Interrogatory
work
provided
13 2012
thus
IACs
Engine received
are not dependent
that
party document
of the inventors
this
the slow pace
is
I/P
positions
being
revenue data
raise
to
Googles
in
its
modify
comparable
allegedly
above
and custodians
terms
of weeks
couple
the short term
in
requests
intend
mentioned
regarding
any
from prior litigations
transcripts
about
productions
outstanding
before
if
its
based on such
information
yet to produce patent
which
Engine understands
17th teleconference
document
time
has
discussed
I/P
productions
the next
in
produce Google
the January
Lang
defenses
the search
append
I/P
deposition
agreements
will
Google
Google
capture
or identify
its
support
document
anticipated
relevant licensing
during
to
upon
relevant
of
support
the right to
Engine reserves
Further Google
requests
modify andlor
to
of January
production
I/P
rely
I/P
in
alternatives
non-infringing
to
For
further investigation
upon
based on any such identification
information
letter
document
Engines
intends
it
and custodians
alternatives
non-infringing
I/P
or obtains
discovery
any allegedly
identify
the search terms
append
to
during
does make such identifications
Google
purportedly
response
yet
to
I/P
its
is
early
Defendants
Engines
claim
D5MDB-3020693
ICKSTE IN
AP
IROLLP
David Perison Esq
24
January
2012
Page
charts
see
and
and Defendants
Answers
contentions
did not agree
in
I/P
Engine will however
documents
technical
in
supplementation
2011
I/P
complete
is
Proposed
its
documents
producing
deposition
unidentified
considers
to
be similar to
those accused
cases and Google-specific
January
in
its
13th letter
email
has passed
We
of December
In that
Deposition
note that
Google
familiar with your January
is
Google
is
unilaterally
reports from those
transcript as mentioned
trial
to
Google
employees from certain as yet
expert
agreed
that
13th
in
its
produce some of those documents
month
produce them even though more than
to produce the following
LLC
Engine Tools
al
et
the Eastern
for
cases
the following
for
employees
Yahoo Inc
Court
States District
United
under separate cover
provided
non-infringement
Response
parties
expectation
review of Google
its
that
of current or former Google
transcripts
TJW
agreed
to
and the
documents
of the technology
case
to
paragraphs
file their
supplemental
Engine understands
I/P
previously
2011 and has yet
email Google
Paid Search
Engine
aspects
in this
of the Bright
portions
21
I/P
position
regarding
litigations
robust
finished
from current and former Google
transcripts
Ad Words
and
date certain for such
Plan previously
and Googles avoidance of taking
response
more
has
it
Engine has proposed
Discovery
Regarding Googles prior litigation
once
claim charts
its
of
see
parties
based upon such an unarticulated
Stipulation
supplement
all
see paragraph
transfer
based on those technical
early in the case
November
the
seek
not
to
agreement
for
discovery
There never was any discussion
see paragraph
infringement
of written
the opening
and
paragraphs
Case
District
No
207-cv-403
of Texas Marshall
Division
United
United
Bright
Court
States District
Performance
LLC
Response
Marshall
Court
Personalized
States District
et
for
F/K/A
Inc
Case
No
District
et
the Eastern
al
States District
207-cv-582-RGD/TEM
of Virginia
Case
District
IP LLC
Polaris
United
al
the Eastern
Google
Court
States District
No
of Texas Marshall
Inc
Google
Court
207-cv-432-RRR
et
al
Division
Case
No
the Eastern
District
207-cv-480-DF
United
for
of
Division
PA Advisors LLC
District
for
Pricing Inc
207-cv-371-TJW-CE
Texas
AOL LLC
LLC
Bid for Position
for
Google
the Eastern
User Model
Court
Non-infringement expert
for
Inc
et
al
the District
No
of Texas Marshall
District
LLP
Case
Google
Inc
Case
No
States
Division
09-525-LPS United
of Delaware
reports in the above
stated
cases
DSMDB-3020693
DICKSTEINSHAPIROLLP
David Perison Esq
24
January
2012
Page
Expert
deposition
December 22 2011
In our email on
documents
litigation
from experts
transcripts
I/P
to
further
on non-infringement
assist
Google
the following
Engine provided
in
of additional
list
of additional
the production
prior
prior
Ad Words
litigations
Paid Search
Engine Tools
LLC
Google
Inc
and
Paid Search
Engine Tools
LLC
Google
Inc
et
Function
Media LLC
Overture
Google
CDCA
Xerox Corp
Google
Walker
LLC
Digital
Desenberg
Although
some
believe
that
present
Inc
Google
Google
that
has
Google
No 49
No
Document Request
Google
employee
All hearing
relevant ones
to
in
our
AB
al 111
et
-cv-00558
D.Del
are relevant to
litigations
of these
from
relevant
all
litigations
of these
prior
documents
as
I/P
Engine
I/P
are not relevant
see
litigations
Engine
requested
to
the issues in the
litigations
AdWords
from the second list
litigation
led I/P
17th teleconference
in
I/P
Engine
the
six
reiterates
I/P
agreed-
its
Engine
December 16 2011 email
discovery responses
responses
contentions
pleadings
All pleadings
All fact
50 and
discovery
Dispositive
identified
all
TXED
207-cv-279
D.Del
the January
of these
identify which
of the following
production
during
all
produce documents
For
TXED
SDNY
08-cv-10121
yet to
upon above plus any additional
for
110-cv-00136
Communications
does not believe
Document Request
request
al
Googles comments
litigation
l-cv-00306
TXED
08-cv-061
2002
et
Axis
Google
of
Engine requests
Inc
al 21
Inc and Yahoo Inc
Google
Corp
Microsoft
which
was
attached
declaration
from
current or former Google
contentions
and
trial
deposition
transcripts
transcripts
trial
transcripts
of current or former Google
employees deposition
transcripts
All expert
reports expert
reports
DSMDB-3020693
DICKSTEINSHAPIROLLP
David Perison Esq
24
January
2012
Page
All expert
deposition
deposition transcripts
transcripts
All judgments
and orders
All appellate briefs
contentions
All settlement agreements
Motions
limine pleadings
in
orders
Pretrial
Rule 50/59
motion pleadings
contentions
Daubert pleadings
Regarding
document
With respect
to
30b6
depose each
Rule
our discussions
to
26a
witness
the ten deposition
request
to
exceed
Engine intends
take
for
that
one
14
currently
to
30b6
limit
that
if
We
Google
by no
discussed
January
10 2012
has
later
and
fact
time
for
all
in
for
than
from
production
will
16b
one
of each Defendant equal
disclosed
respond
as people
lists
in subsequent
23rd
position
letter
request
conference
30b6
to
the
to
likely
Google
provide
right
pursuant
to
to
from
depart
not oppose
is
reasonable
leave
seeking
for
deposition
I/P
to
damages
number of individuals
have discoverable
disclosures
supplemental
that
Please
may
they
such
they believe
each defendant
definitive
we
that
for
disclosure
been disclosed
to
addition
have the
should
it
in
that
Defendants will not agree
with the Rule
26a
recent
issues
has
have indicated
they
have been unable
parties
Engine believes
connection
depositions
January
and who
defendants
although
liability
not taken
I/P
and on damages
defendant
based upon your January
Lycos most
We
with
any individuals
17th teleconference
letter
10 2012
January
document
proposal the
depositions
in their sole determination
deposition
Engine understands
position
this
fact
issues
liability
affiliated
motion
information including
although
on
Defendants
the specific
number of
individuals
at
file
each Defendant
any received
deposition
regarding
the
deposition
fact
Lycos
Engine received
I/P
19 2012 and awaits
Center which was due January 16 2012
Research
agreement regarding
Rule
to
productions
on January
production
the Palo Alto
reach
party document
third
may
oppose
Defendants
this
I/P
motion
definitive
27 2012
third
party document
are investigating
to
Googles
production
the nature
questions
As we mentioned
of Lycos
comments
in
during
its
the
January
under separate cover
DSMDB-3020693
DICKSTEINSHAPIROLLP
David Perlson Esq
January
24
2012
Page
Please do not hesitate
to
contact
us if you have
any questions
1es
202
420-5167
MonterioCdicksteinshapiro.com
CJM/
cc
Stephen
Noona
David Bilsker
Kenneth
Jeffrey
DeAnna
Brothers
Sherwood
Allen
DSMDB-3020693
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?