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)

EXHIBIT C

quinn emanuel

trial lawyers | san francisco

50 California Street, 22nd Floor, San Francisco, California 94111-4788 | TEL: [phone] FAX: [phone]

July 5, 2012
Charles Monterio
[e-mail]

Re:

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

Dear Charles:
As you know, on May 2, 2012, the Court granted in part IAC Search and Google’s motion to
compel supplemental infringement contentions. The Court ordered I/P Engine to supplement its
contentions by July 2; “[a]t a minimum, I/P Engine shall disclose its supplemental infringement
contentions with respect to Google Search and Ask Sponsored Listings …” We are in receipt of
your “third preliminary” infringement contentions served July 2. These contentions do not
include supplemental infringement contentions for Google Search or for Ask Sponsored Listings,
the bare “minimum” required by the Court’s Order. Thus, once more, Plaintiff has violated the
clear terms of the Court’s Order. There can be no excuse for this failure to supplement, which
causes prejudice to Defendants, especially given the upcoming expert discovery deadlines,
unless, of course, Plaintiff has decided to withdraw its claims against these instrumentalities.
Please promptly confirm that I/P Engine will drop any allegations of infringement regarding
Google Search and Ask Sponsored Listings from this case. If not, we intend to seek immediate
relief from the Court for Plaintiff’s failure and refusal to comply with this Court’s Order.
Sincerely,

Jen Ghaussy
quinn emanuel urquhart & sullivan, llp
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