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

Filing 310

Declaration re 307 MOTION in Limine #5 to Preclude Plaintiff From Introducing Evidence of Damages Against AOL Inc., Gannett Co., Inc., IAC Search & Media, Inc. and Target Corporation, 301 MOTION in Limine #2 to Exclude Evidence of Entire Market Value of Accused Products and of Defendants' Size, Wealth and Overall Revenues, 303 MOTION in Limine #3 to Exclude Marketing and High-Level Non-Technical Materials Related to Historical Click-Through Rate, 305 MOTION in Limine #4 to Preclude Plaintiff from Offering Evidence or Argument Relating to Defendants' Conduct During Discovery or to Google's Unproduced Licenses, 299 MOTION in Limine #1 to Preclude Plaintiff From Introducing Evidence of Willful Infringement, Pre-Suit Knowledge, or Copying of Joshua L. Sohn in Support of Defendants' Motions in Limine by AOL Inc., 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)(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 JOSHUA L. SOHN IN SUPPORT OF
DEFENDANTS’ MOTIONS IN LIMINE
I, Joshua L. Sohn, 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 Plaintiff’s Updated

Initial Disclosures, dated August 8, 2012.
3.

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

Plaintiff’s counsel Charles Monterio to Defendants’ counsel, dated August 27, 2012.

4.

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

Defendants’ counsel Margaret Kammerud to Charles Monterio, dated August 9, 2012.
5.

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

Defendants’ counsel Emily O’Brien to Charles Monterio, dated August 22, 2012.
6.

Attached hereto as Exhibit E is a true and copy of excerpts from the Rebuttal

Expert Report of Dr. Jaime Carbonell Regarding Validity, dated August 29, 2012.
7.

Attached hereto as Exhibit F is a true and correct copy of excerpts from the

Deposition Transcript of Nicholas Fox, dated September 12, 2012.
8.

Attached hereto as Exhibit G is a true and correct copy of excerpts from the

Deposition Transcript of Jonathan Diorio, dated September 18, 2012.
9.

Attached hereto as Exhibit H is a true and correct copy of excerpts from the

Deposition Transcript of Jonathan Alferness, dated June 21, 2012.
10.

Attached hereto as Exhibit I is a true and correct copy of excerpts from

the Deposition Transcript of Stephen L. Becker, PhD, dated September 8, 2012.
11.

Attached hereto as Exhibit J is a true and correct copy of excerpts from the

Deposition Transcript of Keith Raymond Ugone, PhD, dated September 14, 2012.

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

Dated: September 21, 2012
Joshua L. Sohn

2

DATED: September 21, 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 Google Inc., Target Corporation,
IAC Search & Media, Inc., and Gannett Co., Inc.

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

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Cortney 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.

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CERTIFICATE OF SERVICE
I hereby certify that on September 21, 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.

/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]

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