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

Filing 218

Declaration re 217 Opposition Of Emily O'Brien In Support Of Defendants' Opposition To Plaintiff's Motion For Discovery Sanctions by 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)(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 EMILY C. O'BRIEN IN SUPPORT OF DEFENDANTS'
OPPOSITION TO PLAINTIFF'S MOTION FOR DISCOVERY SANCTIONS
I, Emily C. O'Brien, 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., Gannett Co., Inc. and Target
Corporation ("Defendants") 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' November 4, 2011

Stipulation.
3.

Attached hereto as Exhibit B is a true and correct copy of the parties' draft discovery plan

as of December 7, 2011.

4.

Attached hereto as Exhibit C is a true and correct copy of an email from Margaret

Kammerud dated January 17, 2012.
5.

Attached hereto as Exhibit D is a true and correct copy of Google's Third Set of

Interrogatories to I/P Engine, served February 17, 2012.
6.

Attached hereto as Exhibit E is a true and correct copy of I/P Engine's Response to

Google's Third Set of Interrogatories to I/P Engine, served March 22, 2012.
7.

Attached hereto as Exhibit F is a true and correct copy of I/P Engine's First Set of

Interrogatories to Google, served November 7, 2011.
8.

Attached hereto as Exhibit G is a true and correct copy of Google's Response to I/P

Engine's First Set of Interrogatories, served December 7, 2011.
9.

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

Supplemental Response to Google's First Set of Interrogatories, served May 11, 2012.
10.

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

Response to Google's First Set of Interrogatories, served July 2, 2012.
11.

Attached hereto as Exhibit J is a true and correct copy of selected pages of Plaintiff's

Markman hearing PowerPoint presentation.
12.

Attached hereto as Exhibit K is a true and correct copy of the transcript from the Court's

Markman hearing.
13.

Attached hereto as Exhibit L is a true and correct copy of Google's Third Supplemental

Response to I/P Engine's First Set of Interrogatories, served July 2, 2012, and Exhibits A-7, A-8
and A-9 to this response.

14.

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

Preliminary Disclosure of Asserted Claims and Infringement Contentions as to Google AdWords
and Google AdSense for Search, served February 17, 2012.
15.

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

Disclosure of Asserted Claims and Infringement Contentions as to Google AdWords and Google
AdSense for Search, served July 2, 2012.
16.

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

Sohn and Charles Monterio, with the most recent email dated July 19, 2012.
17.

Attached hereto as Exhibit P is a true and correct copy of I/P Engine’s Preliminary

Disclosure of Asserted Claims and Infringement Contentions as to Google AdWords and Google
AdSense for Search, served November 7, 2011.
18.

Google raised with the Court during a telephonic hearing Plaintiff's failure to provide a

definite conception or reduction to practice date in its May 11, 2012 Second Supplemental
Response to Google's First Set of Interrogatories, as required by the Court's Order. The Court
invited Google to file a formal motion to compel in light of Plaintiff's failure to comply with the
Court's Order. As a result of additional correspondence between the parties, and in an attempt to
resolve the issue and avoid further motion practice, the parties agreed that Plaintiff would
supplement its interrogatory again to comply with the Court Order.
19.

On August 2 – one month after Defendants' July 2 supplementation and one week after

service of the Invalidity Report of Defendants' Expert Dr. Ungar – Plaintiff stated that it wished
to discuss Defendants' July 2 supplementation during a meet-and-confer already set for later that
day on another issue. During this meet-and-confer, Plaintiff first stated its intention to strike the
Bowman, Culliss, and Ryan references.

I declare under penalty of perjury of the laws of the United States that the foregoing is true and
correct.

Dated: August 17, 2012
Emily C. O'Brien

DATED: August 17, 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]
Counsel for Defendants GOOGLE INC., IAC SEARCH
& MEDIA, INC., TARGET CORP., AND GANNETT
CO., INC.

CERTIFICATE OF SERVICE
I hereby certify that on August 17, 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]