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

Filing 223

Opposition to 209 MOTION to Compel Plaintiff To Produce Documents filed by I/P Engine, Inc.. (Attachments: # 1 Exhibit 1)(Sherwood, Jeffrey)

Exhibit 1 

Page 1
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Volume I

Pages 1 - 157

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Exhibits 1 - 20

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF VIRGINIA

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NORFOLK DIVISION

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I/P ENGINE, INC.,

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Plaintiff,

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Civil Action No.

Vs.

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2:11-cv-512

AOL, INC., et al.,

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Defendants.

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AUDIO/VISUAL DEPOSITION of LYCOS, INC.,

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by and through its designee MARK BLAIS

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Tuesday, July 31, 2012 at 9:00 a.m.

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Goulston & Storrs

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50 Rowes Wharf, 7th Floor

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Boston, Massachusetts

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------ Jacqueline P. Shields, RPR, CSR ------

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Job No. CS409539

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Staykov?

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A.

I told him it was too low.

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Q.

Did you provide a counter offer?

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A.

It took a while for me to get any response

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from Israel, which is where our parent company's

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kind of business is operated.

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parent company is operated.

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located in Indiana, but the business operations of

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Ybrant is in Israel.

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It's not where our
Our parent company is

It took me a while to get a

response back.

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In the meantime I spoke with our CEO, who

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told me to see if I could get other parties

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involved, and that's when I reached out to Altitude

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again and said, hey, you know, the previous LOI's

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have no effect anymore, but I wanted to give you a

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courtesy call, give you a heads-up that we're in

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discussion to sell this one patent family, not our

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portfolio anymore, and that we have an offer on the

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table.

And if you want to throw in your hat, let me

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know.

So they were a little perturbed by that whole

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thing, but it's business.

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put me in contact with another company, which was

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Hudson Bay Capital, and Alex Burger.

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Q.

And then Dickstein also

Is Dickstein representing Lycos at the

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time?
A.

No.

Dickstein made the introductions, but

they were not involved in the discussions.
Q.

After you reached out to Altitude Capital

did they respond?
A.

In the meantime I met with Alex Burger's

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company, then was Hudson Bay Capital, he came up and

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met with me with one of his colleagues to discuss

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this family of patents.

He then went back and did

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some very quick due diligence over a span of days,

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and then made an offer, and I had not heard back

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from Altitude yet, I conveyed the highest offer we

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had to Altitude, and eventually Altitude came back

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and made an offer.

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Staykov made more of an offer, and the three parties

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basically negotiated off themselves until we finally

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agreed at 3.2 million with Hudson Bay.

I conveyed all this to Staykov.

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I believe, I believe Altitude had gone up

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to 3 million, and I believe Staykov had gone up to

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2.5 million before he dropped out.

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last offer was more of take it or leave it at 3.2,

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and I wanted to get it done.

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accepting that, although we threw a couple of

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additional patents into the mix for the extra

And Hudson's

And we ended up

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