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)

EXHIBIT E

DICKSTEINSHAPIROLLP
1825 Eye Street NW I Washington, DC 20006-5403
[phone] I Fax [phone] I dicksteinshapiro.com

TEL

May 22, 2012
Via E-mail

Jen Ghaussy, Esq.
Quinn Emanuel Urquhart & Sullivan, LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
Re:

Derek Cook 30(b)(1) Deposition

Dear Jen:
I write in response to your letter dated May 16, 2012 regarding the deposition notice to Derek
Cook served on May 11. We apologize for any miscommunications regarding depositions. Our
intention is to take 30(b)(6) depositions on liability and damages for each defendant, and to take
a limited number of 30(b)(1) depositions. The parties previously discussed 30(b)(6) depositions
on liability and damages for each defendant, and fourteen aggregate 30(b)(1) depositions. For
30(b)(1) depositions, we plan to take no more than that number, and in all likelihood will take
fewer than that. As I/P Engine has yet to take one fact deposition; we do not believe that any
issue currently exists. But to avoid more motion practice, we are nevertheless willing to reopen
this discussion with Defendants to arrive at a resolution relating to the number of 30(b)(1)
depositions.
Based upon the documents that we have reviewed, however, we cannot limit our 30(b)(1)
depositions to only those individuals identified in Defendants' Initial Disclosures. Based upon
our review, we have identified other individuals that appear to have unique and relevant
knowledge relating to the issues in this litigation. Mr. Cook is one of those individuals. For
example, he appears to be a lead engineer who has worked, and is still working, on the specific,
relevant portions of the AdWords system.

Los Angeles I New York I Orange County I Silicon Valley I Stamford I Washington, DC
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DICKSTEINSHAPIROLLP
Jen Ghaussy, Esq.
May 22, 2012
Page 2
We are willing to meet and confer on the issue of the number of depositions, and propose having
a meet and confer on Thursday, May 24, 2012 at 4 PM ET. As I/P Engine has yet to take any
depositions in this case, however, we request that a date for Mr. Cook's deposition be provided
while the parties work to resolve the deposition-number issue.
Best regards,

harles J. onteri
[phone]
[e-mail]
CJM/
cc:

Stephen E. Noona
David Bilsker
Kenneth W. Brothers
Jeffrey K. Sherwood
Dawn Rudenko Albert

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