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

Filing 180

Declaration re 179 Opposition, of Jennifer Ghaussy in Support of Defendants' Opposition to Plaintiff's Motion for Leave to Take 30(b)(1) Depositions by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (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)(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 JENNIFER GHAUSSY IN SUPPORT OF DEFENDANTS’
OPPOSITION TO PLAINTIFF’S MOTION FOR LEAVE TO TAKE 30(B)(1)
DEPOSITIONS
I, Jennifer Ghaussy, declare as follows:
1.

I am an attorney in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP and am

counsel for Defendants Google Inc., IAC Search & Media, Inc., Target Corporation, and Gannett
Co., 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 A is a true and correct copy of an email chain between

Margaret Kammerud, David Perlson, and Kenneth Brothers, dated December 7, 2011 through
January 31, 2012.

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3.

Attached hereto as Exhibit B is a true and correct copy of an email chain between

Stephen Noona, David Perlson, Margaret Kammerud, and Kenneth Brothers, dated January 30,
2012 through February 9, 2012.
4.

Attached hereto as Exhibit C is a true and correct copy of Plaintiff I/P Engine, Inc.’s

Notice of Deposition of Derek Cook, dated May 11, 2012.
5.

Attached hereto as Exhibit D is a true and correct copy of a letter from myself to Dawn

Albert, dated May 16, 2012.
6.

Attached hereto as Exhibit E is a true and correct copy of a letter from Charles Monterio

to myself, dated May 22, 2012.
7.

Attached hereto as Exhibit F is a true and correct copy of a letter from myself to Charles

Monterio, dated May 23, 2012.
8.

Attached hereto as Exhibit G is a true and correct copy of a letter from Charles Monterio

to Emily O’Brien, dated May 29, 2012.
9.

Attached hereto as Exhibit H is a true and correct copy of a letter from myself to Charles

Monterio, dated May 31, 2012.
10.

Attached hereto as Exhibit I is a true and correct copy of a letter from Charles Monterio

to myself, dated June 5, 2012.
11.

Attached hereto as Exhibit J is a true and correct copy of a letter from myself to Charles

Monterio, dated June 8, 2012.
12.

Attached hereto as Exhibit K is a true and correct copy of a chain of emails between

Dawn Albert, Charles Monterio, and Emily O’Brien, dated June 13 and 14, 2012.
13.

Attached hereto as Exhibit L is a true and correct copy of a letter from Charles Monterio

to Emily O’Brien, dated June 19, 2012.

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14.

Attached hereto as Exhibit M is a true and correct copy of an email chain between

myself, Emily O’Brien and Charles Monterio, dated June 19 through 21, 2012.
15.

Attached hereto as Exhibit N is a true and correct copy of a chain of emails between

David Perlson and Charles Monterio, dated June 25, 2012
16.

Attached hereto as Exhibit O is a true and correct copy of a letter from myself to Charles

Monterio, dated April 23, 2012.
17.

Attached hereto as Exhibit P is a true and correct copy of a letter from myself to Charles

Monterio, dated April 27, 2012.
18.

Attached hereto as Exhibits Q, R, and S are true and correct copies of IAC Search’s,

Target’s, and Gannett’s Objections and Responses to Plaintiff’s Liability 30(b)(6) Notices.
19.

Attached hereto as Exhibits T, U, and V are true and correct copies of IAC Search’s,

Target’s and Gannett’s Objections and Responses to Plaintiff’s Damages 30(b)(6) Notices.
20.

Attached hereto as Exhibit W is a true and correct copy of a letter from Charles Monterio

to David Perlson, dated April 26, 2012.
21.

On July 2, 2012, Plaintiff served “third preliminary” infringement contentions for certain

of the accused products. In none of these infringement contentions did Plaintiff cite to the June
21, 2012 deposition of Google 30(b)(6) designee Jonathan Alferness.
22.

I declare under penalty of perjury of the laws of the United States that the foregoing is

true and correct.

Dated: July 5, 2012
Jennifer Ghaussy

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DATED: July 5, 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: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Defendants
David A. Perlson
David Bilsker
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Counsel for Defendants Google Inc., IAC Search &
Media, Inc., Target Corporation, and Gannett Co., Inc.
Robert L. Burns
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
Telephone: [phone]
Facsimile: [phone]
Cortney S. Alexander
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendant AOL, Inc.

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CERTIFICATE OF SERVICE
I hereby certify that on July 5, 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 all
counsel of record.
/s/ Stephen E. Noona
Stephen E. Noona

01980.51928/4843770.1