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)

Download PDF
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?