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

Filing 163

NOTICE by Google Inc., IAC Search & Media, Inc. re 106 Declaration,, 161 Order to Show Cause,,, 105 Memorandum in Support of Filing of Certain Unredacted and Further Redacted Materials in Response to Order to Show Cause (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit K, # 4 Exhibit L, # 5 Exhibit M, # 6 Exhibit N)(Noona, Stephen) Modified on 5/18/2012 to indicate that Exhibit 2 was previously removed on 5/11/12 by clerk due to personal identifiers contained therein) (ecav, ).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION

I/P ENGINE, INC.
Plaintiff,

Civil Action No. 2:11-cv-512

v.
AOL, INC., et al.,
Defendants.

NOTICE OF FILING OF CERTAIN UNREDACTED AND FURTHER REDACTED
MATERIALS IN RESPONSE TO ORDER TO SHOW CAUSE
Google, Inc. (“Google”) and IAC Search & Media, Inc. (“IAC Search”), by counsel,
provide notice of the filing of certain unredacted and further redacted materials in response to
this Court’s Order to Show Cause dated May 3, 2012 (Dkt. No. 161).
Defendants contend that portions of Exhibits M and N to the Declaration of Emily C.
O’Brien in Support of Defendants Google Inc.’s and IAC Search & Media, Inc.’s Motion to
Compel Plaintiff to Supplement its Infringement Contentions (Dkt. No. 106) contain data that is
and should be kept confidential. In particular, Exhibits M and N include quotations from internal
Google technical documents, which contain highly confidential information regarding Google’s
accused products. This information is not generally known. Additionally, economic value could
be derived from the disclosure of this information and such disclosure could cause competitive
harm to Google. While Google originally requested that the entirety of Exhibits M and N be
filed under seal, Google now proposes redacting only the highly confidential information from
these exhibits and making public all portions that do not include Google highly confidential
information. In camera copies of Exhibits M and N were provided to the Court, and proposed

redacted versions of Exhibit M and Exhibit N are attached hereto.

In light of Google’s

concerns and the Protective Order, there appears to be no alternative that appropriately serves
Google’s expressed confidentiality concerns other than to redact these exhibits as proposed by
Google. Google therefore respectfully requests that the Court enter the Proposed Agreed Order
attached as Exhibit 1 sealing Portions of Exhibits M and N to the O’Brien Declaration.
Google and IAC Search hereby give notice of the filing of an unredacted, public copy of
Exhibits K and L to the Declaration of Emily C. O’Brien (Dkt. No. 106) in Support of
Defendants’ Brief in Support of its Motion to Compel Plaintiff to Supplement its Infringement
Contentions. Google and IAC Search hereby also give notice of the filing of an unredacted,
public copy of Defendants’ Brief in Support of Their Motion to Compel Plaintiff to Supplement
its Infringement Contentions. (Dkt. No. 105, attached as Exhibit 2.) The parties have agreed
that the referenced brief and exhibits may be filed in unredacted form and have attached an
unredacted versions of Exhibit K, Exhibit L and Defendants’ Brief to be filed as part of the
public record.
Dated: May 10, 2012

/s/ Stephen E. Noona
Stephen E. Noona
KAUFMAN & CANOLES, P.C.
150 W. Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
David A. Perlson
QUINN EMANUEL URQUHART &
SULLIVAN LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendants Google Inc., IAC Search &
Media, Inc., Target Corp., and Gannett Company, Inc.

2

3

CERTIFICATE OF SERVICE
I hereby certify that on May 10, 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: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Counsel for Plaintiff, I/P Engine, Inc.
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 W. Main Street, Suite 2100
Norfolk, VA 23510-1665
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for AOL Inc., Google, Inc.,
Gannett Co., Inc., Target Corporation and
IAC Search & Media, Inc.
/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 W. Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
11697111_1.DOC

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