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

Filing 211

Declaration re 210 Brief in Support of Jen Ghaussy in Support of Motion to Compel Plaintiff to Produce Documents by Google 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, # 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)(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'S MOTION
TO COMPEL
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 Defendant Google Inc. (“Google”) 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 selected pages from the

transcript of the July 11, 2012 deposition of Alexander Berger.
3.

Attached hereto as Exhibit B is a true and correct copy of selected pages from the

transcript of the July 25, 2012 deposition of Alexander Berger as 30(b)(6) witness for I/P Engine,
Inc. and Innovate/Protect, Inc.

4.

Attached hereto as Exhibit C is a true and correct copy of selected pages from the

transcript of the May 17, 2012 deposition of Andrew Lang.
5.

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

to Joshua Sohn dated December 13, 2011.
6.

Attached hereto as Exhibit E is a true and correct copy of a PowerPoint presentation

produced by I/P Engine at bates numbers IPE 0021932-IPE 0021950.
7.

Attached hereto as Exhibit F is a true and correct copy of Google's Requests for

Production to I/P Engine.
8.

Attached hereto as Exhibit G is a true and correct copy of Defendants' November 29,

2011 Subpoena to Innovate/Protect.
9.

Attached hereto as Exhibit H is a true and correct copy of a letter from Emily O'Brien to

Charles Monterio dated July 26, 2012.
10.

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

to Emily O'Brien dated July 30, 2012.
11.

Attached hereto as Exhibit J is a true and correct copy of a Stock Subscription Agreement

between Labrador Search Corporation and Donald Kosak produced by Mr. Kosak at bates
numbers DK0000001-DK0000007.
12.

Attached hereto as Exhibit K is a true and correct copy of selected pages from the

transcript of the May 31, 2012 deposition of Donald Kosak.
13.

Attached hereto as Exhibit L is a true and correct copy of a letter from Emily O'Brien to

Charles Monterio dated July 20, 2012.
14.

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

O'Brien and Charles Monterio dated July 24, 2012.

15.

Attached hereto as Exhibit N is a true and correct copy of I/P Engine's Supplemental

Privilege Log served August 9, 2012.
16.

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

and Charles Monterio, with the most recent email dated June 27, 2012.
17.

Attached hereto as Exhibit P is a true and correct copy of selected pages from the

transcript of the July 25, 2012 deposition of Alexander Berger, as 30(b)(6) designee of Hudson
Bay.
18.

Attached hereto as Exhibit Q is a true and correct copy of Mr. Lang's Supplemental

Privilege Log served August 9, 2012.
19.

Attached hereto as Exhibit R is a true and correct copy of selected pages of the transcript

of the July 31, 2012 deposition of Mark Blais, 30(b)(6) designee of Lycos Inc..
20.

Attached hereto as Exhibit S is a true and correct copy of I/P Engine's Privilege Log

served February 1, 2012.
21.

Attached hereto as Exhibit T is a true and correct copy of I/P Engine's Privilege Log

served April 4, 2012.
22.

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

for Google and Plaintiff, with the most recent email dated August 9, 2012.
23.

Plaintiff produced documents from Mr. Lang on December 21, 2011.

24.

On May 7, 2012, Defendants issued a new document subpoena to Innovate/Protect, in

response to which Innovate/Protect produced 207 pages of documents.
25.

On May 30, 2012, the eve of the deposition of Donald Kosak, one of the two named

inventors of the patents-in-suit, Plaintiff produced Mr. Kosak's documents, including a "Stock

Subscription Agreement" between Mr. Kosak and Labrador Search Corporation (now
Innovate/Protect).
26.

During the parties' meet and confer on August 2, Google asked whether Plaintiff was

limiting its answer to Google's email of August 1 to documents Plaintiff believed were
"relevant," but Plaintiff refused to answer, questioning whether the requested documents were
responsive to Google's document requests. Google also requested that Plaintiff confirm that it
had actually searched for and produced all responsive documents to Google's specific requests,
as outlined in its August 1 email. Even though the documents Defendants' requested concerned
the patents-in-suit and were obviously responsive to numerous requests, Plaintiff stated it would
not confirm until receiving a list of requests for production to which those documents were
responsive.
I declare under penalty of perjury of the laws of the United States that the foregoing is true and
correct.

Dated: August 14, 2012
Jennifer Ghaussy

DATED: August 14, 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]
David Bilsker
David A. Perlson
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant Google Inc.

CERTIFICATE OF SERVICE
I hereby certify that on August 14, 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 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Google Inc.,
Target Corporation,
IAC Search & Media, Inc., AOL Inc. and
Gannet Co., Inc.

Robert L. Burns
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
Telephone: [phone]
Facsimile: [phone]
Courtney 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.

/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]
11867056_1.DOC