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

Filing 191

Declaration re 190 Memorandum in Support of Jennifer Ghaussy in Support of Google and IAC Search's Motion for Rule 37 Sanctions for I/P Engine's Violation of May 2, 2012 Court Order by Google Inc., IAC Search & Media, 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)(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 GOOGLE AND IAC
SEARCH’S MOTION FOR RULE 37 SANCTIONS FOR I/P ENGINE’S VIOLATION
OF MAY 2, 2012 COURT ORDER
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. (“Google”) and IAC Search & Media, Inc. (“IAC
Search”) 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 the parties’ stipulation

of November 4, 2011.
3.

Attached hereto as Exhibit B is a true and correct copy of a letter from David

Perlson to Charles Monterio dated February 13, 2012.

01980.51928/4856679.1

4.

As of January 18, 2012, IAC Search produced almost 20,000 pages of documents

regarding ASL and IAC Search’s use of AdSense for Search. This production, and Google’s
December 7 production, included technical specifications, design requirements and other
technical documentation.
5.

On May 11, 2012, Google produced the custodial documents of Bryan Horling,

who was listed in Google’s initial disclosures as a Google employee with knowledge of the
accused features of Google Search, and by May 31, Google had produced the documents of the
nine custodians agreed upon by the parties.
6.

By June 15, 2012, IAC Search had completed its custodial production, including

the documents of James Speer, listed in the initial disclosures as a person with knowledge of the
accused features of Ask Sponsored Listings.
7.

After correspondence and several meet and confers, Plaintiff agreed to

supplement its November 2011 infringement contentions no later than February 17, 2012. On
February 17, Plaintiff served its supplemental infringement contentions. These contentions
included supplementations for Google AdWords and AdSense for Search, the other defendants’
use of AdSense for Search, and AOL Sponsored Listings. Plaintiff’s infringement contentions,
however, did not include a supplementation for Google Search or IAC Search’s Ask Sponsored
Listings as Plaintiff had agreed to provide.
8.

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

Charles Monterio dated July 5, 2012.
9.

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

Charles Monterio dated July 10, 2012.

01980.51928/4856679.1

10.

Attached hereto as Exhibit E is a true and correct copy of an email from David

Perlson to Charles Monterio dated July 10, 2012.
11.

Attached hereto as Exhibit F is a true and correct copy of Plaintiff I/P Engine,

Inc.’s First Liability Rule 30(b)(6) Notice of Deposition of Defendant IAC Search and Media,
Inc., dated April 2, 2012.
12.

Attached hereto as Exhibit G is a true and correct copy of Plaintiff I/P Engine,

Inc.’s First Amended Liability Rule 30(b)(6) Notice of Deposition of Defendant IAC Search and
Media, Inc., dated June 12, 2012.
13.

Attached hereto as Exhibit H is a true and correct copy of Plaintiff I/P Engine,

Inc.’s First Liability Rule 30(b)(6) Notice of Deposition of Defendant Google Inc., dated April 2,
2012.
14.

Attached hereto as Exhibit I is a true and correct copy of Plaintiff I/P Engine,

Inc.’s First Amended Liability Rule 30(b)(6) Notice of Deposition of Defendant Google Inc.,
dated June 12, 2012.
I declare under penalty of perjury of the laws of the United States that the foregoing is
true and correct.

Dated: July 13, 2012
Jennifer Ghaussy

01980.51928/4856679.1

DATED: July 13, 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]
/s/ David A. Perlson
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 GOOGLE INC. and
IAC SEARCH & MEDIA, INC.

01980.51928/4856679.1

CERTIFICATE OF SERVICE
I hereby certify that on July 13, 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]
Donald C. Schultz
W. Ryan Snow
Steven Stancliff
CRENSHAW, WARE & MARTIN, P.L.C.
150 West Main Street, Suite 1500
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[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
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for AOL Inc., Google, Inc.,
Gannett Co., Inc., Target Corporation and
IAC Search & Media, Inc.

01980.51928/4856679.1

/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]
11804429v1

01980.51928/4856679.1